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1. Discuss the four components of the Fourth Amendment standard for
determining objective reasonableness, as determined by the US
Supreme Court - ANSWER ✔ 1-Judged from the perspective of a
reasonable officer
2-Examined through the eyes of an officer on the scene at the time the
force was applied
3-Based on the facts and circumstances confronting the officer
without regard to the officer's underlying intent or motivation
4-Based on the knowledge that the officer acted properly under the
established law
2. Objective reasonableness - ANSWER ✔ Must be fact specific and
established 4 components: severity of the crime, nature and extent of
the threat posed by the subject, the danger to which the subject resists
arrest, and any attempts by the subject to evade arrest by flight
3. Submit to arrest - ANSWER ✔ If the persons have knowledge that
they are being arrested, it is the duty of such persons to refrain from
using force or any weapon to resist such arrest.
,4. Authority to use restraint - ANSWER ✔ An arrest is made by an
actual restraint of the person or by the submission to the custody of an
officer.
5. Identify the circumstances set forth in the California Penal Code
when a peace officer has the authority to the use of force. - ANSWER
✔ "Any officer who has reasonable cause to believe that the person to
be arrested has committed a public offense may use reasonable force
to affect an arrest, to prevent escape, or to overcome resistance.
6. Identify the circumstances set forth in the California Penal Code
when a peace officer has the authority to the use of force. continued 1
- ANSWER ✔ A peace officer who makes or attempts to make an
arrest need not retreat or desist from his efforts by reason of the
resistance or threatened resistance of the person being arrested;
7. Identify the circumstances set forth in the California Penal Code
when a peace officer has the authority to the use of force. continued 2
- ANSWER ✔ nor shall such officer be deemed an aggressor or lose
his right to self-defense by the use of reasonable force to effect the
arrest or to prevent escape or to overcome resistance."
8. Discuss the level of authority specific agency policies have regarding
the use of force by a peace officer. - ANSWER ✔ Although the law
and courts have presented a foundation for the use of force by a peace
, officer, the most detailed considerations and regulations are
established by each agency's departmental policies. Limitations on the
use of force are set by specific agency policy.
9. Discuss the level of authority specific agency policies have regarding
the use of force by a peace officer. continued - ANSWER ✔ . All such
policies are attempts to provide rational guidelines and to protect the
officer and agency from criminal and civil liability.
10. Identify that the objective of using force is to overcome resistance
to gain control of an individual and a situation. - ANSWER ✔ The
objective for the use of force by peace officers in any situation is to
ultimately gain and maintain control of an individual and therefore
the situation. Peace officers are required to:
11. Identify that the objective of using force is to overcome resistance
to gain control of an individual and a situation. continued - ANSWER
✔ Use the type of force that is reasonable under the circumstances
Use only the amount of force reasonable to overcome resistance and
to gain or maintain control of a subject
Use only the amount and type of force that is permitted by agency
policy.
12. Officer judgment - ANSWER ✔ The amount of force applied
should not exceed the amount that is reasonable to overcome the
subject's resistance and gain or maintain control of the subject.
, 13. Officer Preparation - ANSWER ✔ Uniforms should be properly fit,
clean, and doesn't impair movement. Gear should be inspected, in
good condition, and readily accessible.
14. Discuss factors surrounding the choice of force option: Officer
preparation- Continued - ANSWER ✔ Firearms should be cleaned
after each firing and serviced by and trained armorer. Body armor
should fit well and shouldn't interfere with movement.
15. Cooperative - ANSWER ✔ Verbal requests, non-verbal actions.
16. Resistive - ANSWER ✔ Officer's strength to take control, holds
and techniques, use of personal weapons.
17. Assaultive - ANSWER ✔ Use of devices/techniques to secure
compliance.
18. Life Threatening - ANSWER ✔ Utilize firearm or any available
weapon in defense of self or others.