Rule 33-302.105, F.A.C., and Department policy address the • in self-defense or to protect others
use of force by probation officers. Probation officers must not • to prevent damage to property owned or leased by the Department
use physical force on offenders under supervision, except • to quell a disturbance on property owned or leased by the Department
under the following circumstances: • to overcome physical resistance when applying handcuffs or other Department-
authorized restraint devices
• to prevent an offender from inflicting injury to themselves
• to assist law enforcement personnel in the lawful performance of job duties
Use force only as a last resort
_______________________________________ when it
reasonably appears that other alternatives are not controlling
the situation.
When use of force is justified Use only the amount and type of force that appear necessary.
Do NOT use force solely in response to verbal abuse that does not rise to the level of physical altercation.
________________________________.
To be justified, the use of force MUST be reasonable.
_______________________________.
When deciding to use force, the reasonably believe it is necessary to overcome resistance, based on the totality of
officer must ______________________________________. circumstances and the perception at the time of the event as to what force is reasonably
required.
Graham v. Connor, 490 U.S. 386 (1989), The U.S. Supreme Court held that all claims that law
Legal Foundations for Correctional Probation Officers 74
Florida Correctional Probation Officer Training Academy
enforcement officers have used excessive force in the course of an arrest, investigatory
stop, or other "seizure" of a citizen are to be judged by an "objective reasonableness
standard" based upon the Fourth Amendment. Although the Court did not specifically
address probation officers, the objective reasonableness standard still applies in
correctional probation. Judge the use of force from the perspective of what a reasonable
officer would do under the same circumstances without the benefit of hindsight. The
court clearly considered that officers are often required to make split-second, sometimes
deadly, decisions in circumstances that are "tense, uncertain, and rapidly evolving." The
court concluded that the objective reasonableness standard is not a precise or clear rule.
Objective reasonableness requires careful review of the facts and circumstances of each
case, including the severity of the crime. This includes whether the suspect posed an
immediate threat to the safety of officers or others, and whether the suspect was actively
resisting arrest or attempting to evade arrest by flight.
Objective reasonableness test • Was the action reasonable and necessary?
• Was the amount of force applied reasonable and necessary?
When an officer is justified in using reasonable force, they have protection from prosecution.
__________________________________________________
___.
If the level of force used is excessive, the officer may face criminal, civil, and administrative penalties. Officers may incur
__________________________________________________ criminal, civil, and civil rights charges at both the state and federal levels, depending on
____. the violation.
Consequences for criminal liabilities and civil liability Can include lawsuits against both the individual and the Department
Consequences for federal civil rights liabilities can include lawsuits against the individual or the Department.
use of force by probation officers. Probation officers must not • to prevent damage to property owned or leased by the Department
use physical force on offenders under supervision, except • to quell a disturbance on property owned or leased by the Department
under the following circumstances: • to overcome physical resistance when applying handcuffs or other Department-
authorized restraint devices
• to prevent an offender from inflicting injury to themselves
• to assist law enforcement personnel in the lawful performance of job duties
Use force only as a last resort
_______________________________________ when it
reasonably appears that other alternatives are not controlling
the situation.
When use of force is justified Use only the amount and type of force that appear necessary.
Do NOT use force solely in response to verbal abuse that does not rise to the level of physical altercation.
________________________________.
To be justified, the use of force MUST be reasonable.
_______________________________.
When deciding to use force, the reasonably believe it is necessary to overcome resistance, based on the totality of
officer must ______________________________________. circumstances and the perception at the time of the event as to what force is reasonably
required.
Graham v. Connor, 490 U.S. 386 (1989), The U.S. Supreme Court held that all claims that law
Legal Foundations for Correctional Probation Officers 74
Florida Correctional Probation Officer Training Academy
enforcement officers have used excessive force in the course of an arrest, investigatory
stop, or other "seizure" of a citizen are to be judged by an "objective reasonableness
standard" based upon the Fourth Amendment. Although the Court did not specifically
address probation officers, the objective reasonableness standard still applies in
correctional probation. Judge the use of force from the perspective of what a reasonable
officer would do under the same circumstances without the benefit of hindsight. The
court clearly considered that officers are often required to make split-second, sometimes
deadly, decisions in circumstances that are "tense, uncertain, and rapidly evolving." The
court concluded that the objective reasonableness standard is not a precise or clear rule.
Objective reasonableness requires careful review of the facts and circumstances of each
case, including the severity of the crime. This includes whether the suspect posed an
immediate threat to the safety of officers or others, and whether the suspect was actively
resisting arrest or attempting to evade arrest by flight.
Objective reasonableness test • Was the action reasonable and necessary?
• Was the amount of force applied reasonable and necessary?
When an officer is justified in using reasonable force, they have protection from prosecution.
__________________________________________________
___.
If the level of force used is excessive, the officer may face criminal, civil, and administrative penalties. Officers may incur
__________________________________________________ criminal, civil, and civil rights charges at both the state and federal levels, depending on
____. the violation.
Consequences for criminal liabilities and civil liability Can include lawsuits against both the individual and the Department
Consequences for federal civil rights liabilities can include lawsuits against the individual or the Department.
