Recognized that the right to make an arrest or investiga-
tory stop necessarily carries with it the right to use some
degree of physical coercion/threat to attect it.
Graham v. Connor (1989)
In the course of an arrest or stop is properly analyzed by
Fourth Amendment's 'objective reasonableness' standard
Severity of crime
Whether suspect poses an immediate threat
Graham Factors
Whether suspect is actively resisting arrest
Attempting to evade arrest by flight
# of suspects/# of oflcers
Size, age, condition of oflcer/suspect
Duration of action
Additional factors considered when applying standard of Whether force applied resulted in injury
Graham v. Connor that may govern the reasonableness of Previous violent history known to oflcer at time
using force Use of alcohol/drugs
Suspect's mental history known to oflcer at time
Presence of innocent bystanders
Availability of oflcer weapons
Oflcer responses range from:
Range of Reasonableness
Hesitation --------- Aggressive
Supreme Court stated it is not reasonable to shoot an
Tennessee v. Garner (1985)
unarmed non-dangerous fleeing suspect.
Probable cause
Threat
Key Elements of Tennessee v. Garner Oflcer not obligated to wait until death or serious bodily
harm is occurring
If based on totality of circumstance and the oflcer per-
, FLETC Written Exam #1 Test Questions with Answers Graded A+
ceives a threat of such action, a reasonable force option
may be used
Verbal aggression
Change in posture
Face becomes red, showing teeth, breathing faster
Individual ignores you or stares through you
Pre-Assault Indicators
Aggression
Hands tighten
Individual becomes rigid
Chin tucked
Use of warning shots
Use of maximum force
Common Restrictions in Agency Use of Force Policy
Moving vehicles
Exhausting lesser means of force first
Pounding heart
Muscle tension
Rapid, shallow breathing
Nausea
Dizziness
Physiological Changes triggered when faced with a threat Dry mouth
Diminished sound
Tunnel vision
Slow motion time
Memory loss
Memory distortion
Tunnel Vision Loss of peripheral vision
Clear picture of details you ordinarily might not notice/re-
Heightened Visual Clarity
member
Hearing Distortions Total loss of hearing, to muffled or distant
, FLETC Written Exam #1 Test Questions with Answers Graded A+
Time Distortion Things seem to speed up or slow down
Automatic Behavior
Cognitive/Behavioral Changes triggered when faced with
Memory Gaps
a threat
Intrusive Thoughts
Mental preparation
Proper Training
Belief in mission
Personal Appearance
Physical Fitness
Methods of overcoming hesitation in use of force Understanding the law
Reality Based Training
Continuous Positive Visualization
Understanding of agency policy
Commitment to family/friends
Will to win
Oflcer Safety
Objective, not subjective
Fundamentals of Documenting Use of Force Incident Training and Experience
Matched Description
Basis for Seizure
Reasonable suspicion suflcient for investigation stop or
Terry Stop
detention; no warrant needed
Two Main Parts of the Mind The conscious and the subconscious
Rational, analytical part of the mind. Home to will power
The Conscious Mind
and short-term memory
The real boss, communicates through feelings and emo-
The Subconscious Mind
tions
Mistaken Assumptions of Perception