CLEET LEGAL BLOCK
Legitimate amount of force that may be used by an officer. - ANSWERS-1. The
amount of reasonable and necessary force to effect the arrest of the offender.
2. The amount of reasonable and necessary force to protect the Officer from
harm.
3. The amount of reasonable and necessary force to protect citizens from harm.
When deadly force may be used by a peace officer, or any person acting by the
officer's command in aiding and assisting the officer. - ANSWERS-1. Executing a
death penalty ordered by the court.
2. In effecting an arrest or preventing an escape, if the officer reasonably believes
BOTH that:
Such force is necessary to make the arrest or prevent the escape AND
There is probable cause to believe that the person poses a threat of serious harm,
is using a deadly weapon to escape, or otherwise indicates he or she will
endanger human life unless arrested without delay.
3. An officer is in the performance of a legal duty and reasonably believes that use
of force is necessary to protect the Officer or others from serious bodily harm, OR
4. The force is necessary to prevent an escape from a penal institution or other
place of confinement used primarily for the custody of persons convicted of
felonies or from custody while in transit thereto or therefrom unless the officer
has reason to know:
a. the person escaping is not a person who has committed a felony involving
violence, and
,b. the person escaping is not likely to endanger human life or to inflict serious
bodily harm if not apprehended.
What is a weapon per se? - ANSWERS-deadly weapon
What is a weapon? - ANSWERS-an instrument of offensive combat, or anything
used in destroying, defeating, or injuring a person.
Exceptions to unlawful carry - ANSWERS-The carrying, possession and use of any
weapon by a peace officer in the performance of official duties and in compliance
with the rules of the employing agency.
The proper use of guns and knives for hunting, fishing, educational, or
recreational purposes.
The carrying or use of weapons permitted by statute or under the Self Defense
Act ('SDA')
The carrying or use in a courthouse by judge, who has a valid SDA license and
whose name appears on a list maintained by the Administrative Director of the
Courts
The carrying and use for the purpose of 'living history reenactment.'
, Constitutional Carry - ANSWERS--Carrying of a "firearm"
-Concealed or unconcealed
-Loaded or unloaded
-By a person 21 years of age or older
(Or by a person 18-21 yrs who is active military or honorably discharged—
including National Guard and Reserves)
Can Felons have a weapon? - ANSWERS-NO
Definition of the term "Exclusionary Rule." - ANSWERS--Remedy for police
misconduct
-Results in the suppression of evidence
-DETER illegal police conduct
Exceptions to the Exclusionary Rule. - ANSWERS-good faith, inevitable discovery,
independent source, impeachment
Miranda v. Arizona. - ANSWERS-Extend exclusionary rule to confessions as a 5th
amendment protection
Mapp v. Ohio - ANSWERS--Exclusionary rule applied to the States that had not
already adopted it
-Put exclusionary rule on the "Mapp" for the states
Legitimate amount of force that may be used by an officer. - ANSWERS-1. The
amount of reasonable and necessary force to effect the arrest of the offender.
2. The amount of reasonable and necessary force to protect the Officer from
harm.
3. The amount of reasonable and necessary force to protect citizens from harm.
When deadly force may be used by a peace officer, or any person acting by the
officer's command in aiding and assisting the officer. - ANSWERS-1. Executing a
death penalty ordered by the court.
2. In effecting an arrest or preventing an escape, if the officer reasonably believes
BOTH that:
Such force is necessary to make the arrest or prevent the escape AND
There is probable cause to believe that the person poses a threat of serious harm,
is using a deadly weapon to escape, or otherwise indicates he or she will
endanger human life unless arrested without delay.
3. An officer is in the performance of a legal duty and reasonably believes that use
of force is necessary to protect the Officer or others from serious bodily harm, OR
4. The force is necessary to prevent an escape from a penal institution or other
place of confinement used primarily for the custody of persons convicted of
felonies or from custody while in transit thereto or therefrom unless the officer
has reason to know:
a. the person escaping is not a person who has committed a felony involving
violence, and
,b. the person escaping is not likely to endanger human life or to inflict serious
bodily harm if not apprehended.
What is a weapon per se? - ANSWERS-deadly weapon
What is a weapon? - ANSWERS-an instrument of offensive combat, or anything
used in destroying, defeating, or injuring a person.
Exceptions to unlawful carry - ANSWERS-The carrying, possession and use of any
weapon by a peace officer in the performance of official duties and in compliance
with the rules of the employing agency.
The proper use of guns and knives for hunting, fishing, educational, or
recreational purposes.
The carrying or use of weapons permitted by statute or under the Self Defense
Act ('SDA')
The carrying or use in a courthouse by judge, who has a valid SDA license and
whose name appears on a list maintained by the Administrative Director of the
Courts
The carrying and use for the purpose of 'living history reenactment.'
, Constitutional Carry - ANSWERS--Carrying of a "firearm"
-Concealed or unconcealed
-Loaded or unloaded
-By a person 21 years of age or older
(Or by a person 18-21 yrs who is active military or honorably discharged—
including National Guard and Reserves)
Can Felons have a weapon? - ANSWERS-NO
Definition of the term "Exclusionary Rule." - ANSWERS--Remedy for police
misconduct
-Results in the suppression of evidence
-DETER illegal police conduct
Exceptions to the Exclusionary Rule. - ANSWERS-good faith, inevitable discovery,
independent source, impeachment
Miranda v. Arizona. - ANSWERS-Extend exclusionary rule to confessions as a 5th
amendment protection
Mapp v. Ohio - ANSWERS--Exclusionary rule applied to the States that had not
already adopted it
-Put exclusionary rule on the "Mapp" for the states
