Police ACT 120 Use of Force Questions with Complete Solutions Rated A+

Three Amendments that limit the Use of Force - - 4th Amendment - 8th Amendment - 14th Amendment 42 U.S.C. S 1983 - Every person, who under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, or D.C., subject or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof, to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured in an action of law, suit of equity. Remedies that are through 42 U.S.C. 1983 - - Injunctive relief (court order) - Compensatory Damages (Compensation) - Punitive Damages (Punishment) - Attorney fees awarded to the prevailing lawyer Tennessee vs. Garner - - Case about deadly force - May not use deadly force on fleeing suspect unless the officer has probable cause to believe that he poses a threat of death or harm to officers or others. Deadly Force - the force in which, under the circumstances in which it was used, is readily capable of causing death or serious bodily injury. Deadly force is justified - - Necessary to prevent escape of a fleeing felon AND the suspect poses a threat of serious physical harm to the officer or others AND if feasible, given a verbal warning. Graham vs. Connor - - case about non-deadly force - that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, stop, or seizure. - Judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight Objectively Reasonable - - If the act was used was reasonable force for the situation. - Was the method used appropriate for the situation. - If there is deadly force reasonable, you can use it. Brower vs. Inyo - - case about the roadblock - the impact of the case is that a seizure employing potential deadly force is excessive force when used to apprehend an suspect wanted for a non-dangerous offence where the suspect does not pose a significant threat to the public. - Show of lights and sirens is a show of force not a seizure.