Criminal Procedure + Use of Force Test 2
GPSTC UPDATED Questions and
CORRECT Answers
Graham v. Conner (1989) - CORRECT ANSWER - The Use of Force to make an
investigatory stop or arrest is a seizure;
4th amendment for excessive non deadly force
What is Seizure - CORRECT ANSWER - A government termination of movement by
means intentionally applied
Examples of Seizure - CORRECT ANSWER - Handcuffing, Spraying O.C, Tasing, Hitting
with baton, Shooting w/ a firearm, Killing someone
What is the ultimate seizure - CORRECT ANSWER - Killing Someone
When the officer has authority to conduct a seizure - CORRECT ANSWER - Officer has
the autority to use reasonable force or the threat of force to accomplish that seizure
What did the US Supreme Court said after Graham V. Conner - CORRECT ANSWER --
Every free person has the right to be free from unreasonable searches and seizures
-The Government has the right to use force as long as it is reasonable
-Objective reasonableness as the means to strike this delicate balance
What is objective reasonableness? - CORRECT ANSWER - It is based upon the totality of
the circumstances known to the officer at the moment the force was used. The court will consider
any objective fact.
Who's responsibility to make an articulation? - CORRECT ANSWER - The officer. Put the
court in the same position you were in at the time of force was used.
,What police officers are often forced to make? - CORRECT ANSWER - Split-second
judgment under tense, uncertain, and rapidly evolving about the amount of force that is necessary
for a certain situation.
Reasonable officer - CORRECT ANSWER - -Would another officer with
-Similar training and experience
-Facing a similar circumstance
-Act in the same way or use similar judgement
Force should never be use to? - CORRECT ANSWER - Punish anyone.
Who's responsibility is punishing a criminal? - CORRECT ANSWER - Court.
"Graham Factors": What factors do you have to consider before use of force? - CORRECT
ANSWER - Severity of the crime, The suspect is an immediate threat to the safety of the
officer or other, The degree to which the subject resists arrest or detention, Any attempts to evade
arrest by flight.
Additional fact to use of force - CORRECT ANSWER - # of suspects and officer. The size,
age, and condition of the officer and suspect. use of alcohol or drug. availability of other
weapons.
What is subjective reasonableness? - CORRECT ANSWER - 1. Existing in the mind;
2. Pertaining to or characteristic of an individual
3. Placing excessive emphasis on one's own moods, attitudes, opinions
What is an objective evidence? - CORRECT ANSWER - Evidence that you can examine
and evaluate for yourself.
Not influenced by person's feelings, interpretation, prejudice.
, What is an subjective evidence? - CORRECT ANSWER - Evidence that you cannot
evaluate.
Simply have to accept what the person says or reject it.
objective fact - CORRECT ANSWER - Observation, Heard, Smelled, Touched, Able to be
described, counted, imitated (Helpful indecision making)
subjective fact. - CORRECT ANSWER - Opinion, Judgement, Rumor, Varies from person
to person (not helpful in decision making)
Examples of objective fact - CORRECT ANSWER - Time of day, Environmental
surroundings, #s of officers presents, were suspects armed?
Examples of subjective fact - CORRECT ANSWER - Suspect made you nervous, Suspect
looked mean, suspect looked angry
Objective Language - CORRECT ANSWER - -I saw him
-I counted four ppl. in the car
-I saw him running towards
-She said she was going to
-He swung the board like this
Subjective Language - CORRECT ANSWER - -She acted like she
-I thought she was
-She thought she was going to get away with it
-He needs to grow up
GPSTC UPDATED Questions and
CORRECT Answers
Graham v. Conner (1989) - CORRECT ANSWER - The Use of Force to make an
investigatory stop or arrest is a seizure;
4th amendment for excessive non deadly force
What is Seizure - CORRECT ANSWER - A government termination of movement by
means intentionally applied
Examples of Seizure - CORRECT ANSWER - Handcuffing, Spraying O.C, Tasing, Hitting
with baton, Shooting w/ a firearm, Killing someone
What is the ultimate seizure - CORRECT ANSWER - Killing Someone
When the officer has authority to conduct a seizure - CORRECT ANSWER - Officer has
the autority to use reasonable force or the threat of force to accomplish that seizure
What did the US Supreme Court said after Graham V. Conner - CORRECT ANSWER --
Every free person has the right to be free from unreasonable searches and seizures
-The Government has the right to use force as long as it is reasonable
-Objective reasonableness as the means to strike this delicate balance
What is objective reasonableness? - CORRECT ANSWER - It is based upon the totality of
the circumstances known to the officer at the moment the force was used. The court will consider
any objective fact.
Who's responsibility to make an articulation? - CORRECT ANSWER - The officer. Put the
court in the same position you were in at the time of force was used.
,What police officers are often forced to make? - CORRECT ANSWER - Split-second
judgment under tense, uncertain, and rapidly evolving about the amount of force that is necessary
for a certain situation.
Reasonable officer - CORRECT ANSWER - -Would another officer with
-Similar training and experience
-Facing a similar circumstance
-Act in the same way or use similar judgement
Force should never be use to? - CORRECT ANSWER - Punish anyone.
Who's responsibility is punishing a criminal? - CORRECT ANSWER - Court.
"Graham Factors": What factors do you have to consider before use of force? - CORRECT
ANSWER - Severity of the crime, The suspect is an immediate threat to the safety of the
officer or other, The degree to which the subject resists arrest or detention, Any attempts to evade
arrest by flight.
Additional fact to use of force - CORRECT ANSWER - # of suspects and officer. The size,
age, and condition of the officer and suspect. use of alcohol or drug. availability of other
weapons.
What is subjective reasonableness? - CORRECT ANSWER - 1. Existing in the mind;
2. Pertaining to or characteristic of an individual
3. Placing excessive emphasis on one's own moods, attitudes, opinions
What is an objective evidence? - CORRECT ANSWER - Evidence that you can examine
and evaluate for yourself.
Not influenced by person's feelings, interpretation, prejudice.
, What is an subjective evidence? - CORRECT ANSWER - Evidence that you cannot
evaluate.
Simply have to accept what the person says or reject it.
objective fact - CORRECT ANSWER - Observation, Heard, Smelled, Touched, Able to be
described, counted, imitated (Helpful indecision making)
subjective fact. - CORRECT ANSWER - Opinion, Judgement, Rumor, Varies from person
to person (not helpful in decision making)
Examples of objective fact - CORRECT ANSWER - Time of day, Environmental
surroundings, #s of officers presents, were suspects armed?
Examples of subjective fact - CORRECT ANSWER - Suspect made you nervous, Suspect
looked mean, suspect looked angry
Objective Language - CORRECT ANSWER - -I saw him
-I counted four ppl. in the car
-I saw him running towards
-She said she was going to
-He swung the board like this
Subjective Language - CORRECT ANSWER - -She acted like she
-I thought she was
-She thought she was going to get away with it
-He needs to grow up
