Use of force MPTC 85 Questions With Complete Solutions

Define Force - ✔ ✔ Any action, with or without a we apon, used by offenders to resist and police to stop. Define non -deadly force - ✔ ✔ Any force neither intended nor likely to cause serious bodily injury or death Define deadly force - ✔ ✔ Physical force that can be reasonably expected to cause death or s erious bodily injury When can an officer use deadly force in Massachusetts? - ✔ ✔ 1. The arrest is for a felony 2. The officer believes deadly force, if used, will not create substantial risk of injury to innocent persons; and 3. Crime conduct involved i ncludes use or threatened use of deadly force, or there is substantial risk hat the person being arrested will cause death or serious bodily injury if apprehension is delayed Bodily Harm - ✔ ✔ injury does not pose or create a substantial risk of death, pe rmanent disfigurement or significant loss or impairment Serious bodily injury - ✔ ✔ Permanent disfigurement Long -term loss of bodily function, limb or organ Causes a substantial risk of death. Graham vs Connor - ✔ ✔ Judged from the perspective of a reaso nable officer on the scene rather than the 20/20 vision of hindsight.. *Reasonable standard totality of circumstances - ✔ ✔ Courts will judge the perspective of a reasonable officer on scene: 1. type and severity of the crime involving the arrest/stop 2. Suspect pose an immediate threat? 3. Was the suspect actively resisting or attempting to escape by flight? Officer perception - ✔ ✔ Includes but not limited to: is the suspect capable of carrying out the actions? is the suspect in a position to actually carry it out? Is it imminent? did the suspect show intent but overly acvt, word or deed? Tennessee vs. Garner - ✔ ✔ Police may use deadly force to stop a fleeing felon if: 1. The suspect threatens the officer with a weapon; OR there is PC to believe the suspect has committed a crime involving infliction or threatened infliction of serious bodily harm; AND 2. Deadly force is necessary to prevent escape AND 3. Where feasible, some warning was given Commonwealth v. Kl ein - ✔ ✔ police may use deadly force when requirements are met for deadly force and 1. felony arrest 2. deadly force if used, will not create a risk to innocent persons 3. crime includes threatened or use of deadly force, the person to be arrested will ca use death/SBI if apprehension is delayed Body lanaguage - ✔ ✔ Some body language cues are unintentional physiological responses to stress that may indicate forthcoming resistance Clenching - ✔ ✔ Suspect may clench fists or teeth