LD 20- Use of force Already Passed
Reasonable force - =A legal term for how much and what kind of force a peace officer may use
in a given circumstance
PC 835a - ="Any peace officer who has reasonable cause to believe that the person to be arrested
has committed a public offense may use reasonable force to effect the arrest, to prevent escape or
to overcome resistance."
"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; 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."
Graham vs. Connor (1989) - =The Court noted that determining the objective reasonableness for
the use of force must be fact specific, and established the following four components for
determining reasonableness:
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, not the
20/20 vision of hindsight
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 at the time.
Additional gauges for reasonableness - =The severity of the crime
The nature and extent of the threat posed by the subject
The degree to which the subject resists arrest or detention
Any attempts by the subject to evade arrest by flight
Reasonable officer standard - =would another officer
with like or similar training and experience,
facing like or similar circumstance,
, act in the same way or use similar judgement?
PC 834a - ="If a person has knowledge, or by the exercise of reasonable care, should have
knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain
from using force or any weapon to resist such arrest."
PC 835 - ="An arrest is made by an actual restraint of the person, or by submission to the
custody of an officer. The person arrested may be subjected to such restraint as is reasonable for
arrest and detention."
Force options - =Choices available to a peace officer in each agency's policy to overcome
resistance, effect arrest, prevent escape, or gain control of the situation
Objective for use of force - =To gain and maintain control of an individual and the situation
Peace officers are required to:
use the type of force which is reasonable under the circumstances
use only the amount of force reasonable to overcome resistance and to gain or maintain control
of a subject
conform to agency policy and federal and state law
Factors affecting selection of force - =Public safety
- Immediate action required for self-defense or defense of others
Amount and nature of the resistance which must be overcome
- Passive resistance
- Active resistance
- Assaultive resistance
- Life-threatening resistance
Reasonable force - =A legal term for how much and what kind of force a peace officer may use
in a given circumstance
PC 835a - ="Any peace officer who has reasonable cause to believe that the person to be arrested
has committed a public offense may use reasonable force to effect the arrest, to prevent escape or
to overcome resistance."
"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; 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."
Graham vs. Connor (1989) - =The Court noted that determining the objective reasonableness for
the use of force must be fact specific, and established the following four components for
determining reasonableness:
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, not the
20/20 vision of hindsight
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 at the time.
Additional gauges for reasonableness - =The severity of the crime
The nature and extent of the threat posed by the subject
The degree to which the subject resists arrest or detention
Any attempts by the subject to evade arrest by flight
Reasonable officer standard - =would another officer
with like or similar training and experience,
facing like or similar circumstance,
, act in the same way or use similar judgement?
PC 834a - ="If a person has knowledge, or by the exercise of reasonable care, should have
knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain
from using force or any weapon to resist such arrest."
PC 835 - ="An arrest is made by an actual restraint of the person, or by submission to the
custody of an officer. The person arrested may be subjected to such restraint as is reasonable for
arrest and detention."
Force options - =Choices available to a peace officer in each agency's policy to overcome
resistance, effect arrest, prevent escape, or gain control of the situation
Objective for use of force - =To gain and maintain control of an individual and the situation
Peace officers are required to:
use the type of force which is reasonable under the circumstances
use only the amount of force reasonable to overcome resistance and to gain or maintain control
of a subject
conform to agency policy and federal and state law
Factors affecting selection of force - =Public safety
- Immediate action required for self-defense or defense of others
Amount and nature of the resistance which must be overcome
- Passive resistance
- Active resistance
- Assaultive resistance
- Life-threatening resistance
