Graham v. Connor (1989) Recognized that the right to make an arrest or investigatory stop necessarily carries
with it the right to use some degree of physical coercion/threat to affect it.
In the course of an arrest or stop is properly analyzed by Fourth Amendment's
'objective reasonableness' standard
Graham Factors Severity of crime
Whether suspect poses an immediate threat
Whether suspect is actively resisting arrest
Attempting to evade arrest by flight
Additional factors considered when applying standard of # of suspects/# of officers
Graham v. Connor that may govern the reasonableness of Size, age, condition of officer/suspect
using force Duration of action
Whether force applied resulted in injury
Previous violent history known to officer at time
Use of alcohol/drugs
Suspect's mental history known to officer at time
Presence of innocent bystanders
Availability of officer weapons
Range of Reasonableness Officer responses range from:
Hesitation---------------Aggressive
Tennessee v. Garner (1985) Supreme Court stated it is not reasonable to shoot an unarmed non-dangerous
fleeing suspect.
Key Elements of Tennessee v. Garner Probable cause
Threat
Officer not obligated to wait until death or serious bodily harm is occurring
If based on totality of circumstance and the officer perceives a threat of such action,
a reasonable force option may be used
Pre-Assault Indicators Verbal aggression
Change in posture
Face becomes red, showing teeth, breathing faster
Individual ignores you or stares through you
Aggression
Hands tighten
Individual becomes rigid
Chin tucked
Common Restrictions in Agency Use of Force Policy Use of warning shots
Use of maximum force
Moving vehicles
Exhausting lesser means of force first
Physiological Changes triggered when faced with a threat Pounding heart
Muscle tension
Rapid, shallow breathing
Nausea
Dizziness
Dry mouth
Diminished sound
Tunnel vision
Slow motion time
Memory loss
Memory distortion
Tunnel Vision Loss of peripheral vision
, FLETC Written Exam #1
Heightened Visual Clarity Clear picture of details you ordinarily might not notice/remember
Hearing Distortions Total loss of hearing, to muffled or distant
Time Distortion Things seem to speed up or slow down
Cognitive/Behavioral Changes triggered when faced with a Automatic Behavior
threat Memory Gaps
Intrusive Thoughts
Methods of overcoming hesitation in use of force Mental preparation
Proper Training
Belief in mission
Personal Appearance
Physical Fitness
Understanding the law
Reality Based Training
Continuous Positive Visualization
Understanding of agency policy
Commitment to family/friends
Will to win
Fundamentals of Documenting Use of Force Incident Officer Safety
Objective, not subjective
Training and Experience
Matched Description
Basis for Seizure
Terry Stop Reasonable suspicion sufficient for investigation stop or detention; no warrant
needed
Two Main Parts of the Mind The conscious and the subconscious
The Conscious Mind Rational, analytical part of the mind. Home to will power and short-term memory
The Subconscious Mind The real boss, communicates through feelings and emotions
Mistaken Assumptions of Perception Everyone sees what really occurs
Everyone sees everything that occurs
Everyone processes information the same way
Everyone remembers exactly what occurred during an incident
Memories stay the same, maintain accuracy, and remain consistent over time
People can replay experiences with accuracy and detail
Arousal Defined by physiology
, FLETC Written Exam #1
Anxiety Defined by terms of emotional or cognitive impact of arousal
Situational Awareness A person's perception of the elements in the environment within a volume of time
and space, the comprehension of their meaning, and the projection of their status in
the near future
Effective Situational Awareness Perception of changing elements during dynamic events and correctly reacting in a
timely manner
Global Attention Not focused on one specific thing
Selective Attention Focus on one specific thing
Inattentional Blindness Inattention to cues during dynamic events results in failure to accurately interpret
patterns and implications of the behavior leading to ineffective decisions and poor
performance
Scanning When a subject is observed paying attention to the surrounding area rather than the
LEO
Target Glancing Refers to the obvious preoccupation an offender will have with a particular area of
an officer's body or with any of the officer's weapons
Recognition Primed Decision Making Asserts that experienced decision makers can identify a reasonably good option as
the first one they consider
Pugilistic Stance The fighting stance
Flanking Usually occurs when there are multiple suspects, movement to the rear or side of a
LEO by one or more of the suspects...it's an attempt to find a position suitable for a
successful attack
WIN 'What's Important Now'
Lifestyle Management Personal plan for wellness
Wellness Lifestyle that is dynamic to the changes of life and strives for the highest level of
functioning in each wellness dimension