Material
Note: - correct answer ✔✔Intent means observable behavioral cues NOT the subjects state of
mind.
Articulation of TWO elements in any combination - correct answer ✔✔Imminent threat
Articulation of ALL three elements - correct answer ✔✔Immediate threat
4th amendment: - correct answer ✔✔Street setting: free people being seized
Test: objective reasonableness
Graham v Connor 490 U.S. 386,394 (1989) - correct answer ✔✔1. Is the subject an immediate
threat to officers or others?
2. Is the subject actively resisting arrest or attempting to evade seizure by flight?
3. Are the circumstances tense, uncertain, and rapidly evolving?
4. Severity at the crime at issue?
Tennessee v. Garner, 471 U.S. 1,7 (1985) - correct answer ✔✔1. Probable cause to believe the
suspect has committed a crime involving the infliction or threatened infliction of serious
physical harm?
2. Deadly force is necessary to prevent escape? (Is there a reasonable non-deadly alternative for
apprehending the suspect?)
3. Give some warning of the imminent use of deadly force- if feasible?
Identify the two legal requirements for peace officer's use of force. - correct answer ✔✔1. Must
have lawful authority
, 2. Must have lawful objective for taking action
Identify the primary goal of the use of force, as it relates to peace officers. - correct answer
✔✔Control
Identify the three elements of the "threat" triangle. - correct answer ✔✔Ability, opportunity,
and intent
Identify the natural tendencies that he/she must control. - correct answer ✔✔Prejudice,
emotions, anger, fear, & tough cop image.
Identify the three tiers of interaction, for Fourth Amendment purposes that is established
between police and citizens. - correct answer ✔✔1. Consensual encounter
2. Investigative detention
3. Arrest
Identify that Wyoming law enforcement use of force is - correct answer ✔✔governed by federal
constitutional standards and state tort law.
Identify the focus of the 4th Amendment as it relates to the use of force. - correct answer
✔✔Free people being seized and pre-trial detainees (Kingsley v Hendrickson 2015)
Identify the test for the 4th Amendment and, the decision making factors established from the
Graham v. Conner decision. - correct answer ✔✔Test: Objective reasonable test
Decision making factors: the facts and totality of the circumstances confronting the officer at
the moment force is used
Identify the statement that accurately defines the 4th Amendment "objective" standard as: -
correct answer ✔✔"It is what the officer knows at the moment force is used."