TCOLE Use of Force Principles 4 — Questions and Answers
Question 1: Which Supreme Court case established that deadly force to apprehend a fleeing suspect is unconstitutional unless the suspect poses a significant threat of harm?
- Graham v. Connor
- Tennessee v. Garner (Correct answer)
- Terry v. Ohio
- Monell v. Department of Social Services
Correct answer: Tennessee v. Garner
Tennessee v. Garner (1985) ruled that using deadly force on a non-dangerous fleeing suspect violates the Fourth Amendment.
Question 2: An officer fires a warning shot into the air during a foot pursuit. Under Texas law and TCOLE standards, this action is generally considered:
- Standard protocol for stopping fleeing suspects
- Acceptable if the suspect is a violent felon
- Prohibited because the discharged round can injure bystanders (Correct answer)
- Required before deadly force can be used
Correct answer: Prohibited because the discharged round can injure bystanders
Warning shots are generally prohibited because the bullet must land somewhere, creating a risk of injury to bystanders.
Question 3: The 'reasonable officer' standard in use-of-force cases means the force is evaluated from the perspective of:
- A judge reviewing video footage after the incident
- An officer on the scene with the same information available at the time (Correct answer)
- The suspect's perspective
- A police use-of-force expert hired post-incident
Correct answer: An officer on the scene with the same information available at the time
Courts assess force from the perspective of a reasonable officer in the same situation, without the luxury of hindsight.
Question 4: Which type of force is classified as 'less-lethal' rather than 'non-lethal'?
- Verbal commands
- OC (pepper) spray (Correct answer)
- Written warning
- Handcuffing a compliant suspect
Correct answer: OC (pepper) spray
OC spray is classified as 'less-lethal' because while not designed to kill, it can still cause serious harm or death in rare circumstances.
Question 5: When an officer uses force, the Texas Penal Code requires that the force used be:
- Greater than the threat to ensure compliance
- Immediately necessary to protect against unlawful force (Correct answer)
- Approved in advance by a supervisor
- Limited to verbal commands only
Correct answer: Immediately necessary to protect against unlawful force
Texas Penal Code §9.31 permits force only when immediately necessary to protect against the use or attempted use of unlawful force.
Question 6: Which scenario BEST illustrates improper use of force under the 'punishment' doctrine?
- An officer tackles a fleeing suspect to effect an arrest
- An officer strikes a handcuffed, compliant suspect because he was rude (Correct answer)
- An officer uses a Taser on a subject who is actively fighting
- An officer uses pepper spray on a resisting subject
Correct answer: An officer strikes a handcuffed, compliant suspect because he was rude
Force used after a threat has been neutralized — such as striking a restrained, compliant person — constitutes unlawful punishment, not lawful force.
Question 7: A TCOLE-licensed officer is off-duty and witnesses a violent felony in progress. In Texas, regarding use of force, the officer:
- Has no authority to act because they are off-duty
- Retains peace officer authority and may use appropriate force to intervene (Correct answer)
- Must call 911 and wait for on-duty officers
- May only act if in uniform
Correct answer: Retains peace officer authority and may use appropriate force to intervene
In Texas, licensed peace officers retain their peace officer status and authority 24 hours a day, even when off-duty.
TCOLE Use of Force Principles 4
Which Supreme Court case established that deadly force to apprehend a fleeing suspect is unconstitutional unless the suspect poses a significant threat of harm?