Questions and CORRECT Answers
1. Graham v. Conner (1989) The Use of Force to make an investigatory stop
or arrest is a seizure;
4th amendment for excessive non deadly force
2. What is Seizure A government termination of movement by
means intentionally applied
3. Examples of Seizure Handcuflng, Spraying O.C, Tasing, Hitting with
baton, Shooting w/ a firearm, Killing someone
4. What is the ultimate seizure Killing Someone
5. When the officer has authority to con- Oflcer has the autority to use reasonable force
duct a seizure or the threat of force to accomplish that seizure
6. What did the US Supreme Court said -Every free person has the right to be free from
after Graham V. Conner 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
7. What is objective reasonableness? It is based upon the totality of the circumstances
known to the oflcer at the moment the force was
used. The court will consider any objective fact.
8. Who's responsibility to make an articu- The oflcer. Put the court in the same position you
lation? were in at the time of force was used.
9. What police officers are often forced to Split-second judgment under tense, uncertain,
make? and rapidly evolving about the amount of force
, Criminal Procedure + Use of Force Test 2 GPSTC
Study online at https://quizlet.com/_9bryty
that is
necessar
y for a
certain
situation.
10. Reasonable officer
, -Would another oflcer with
-Similar training and experience
-Facing a similar circumstance
-Act in the same way or use similar judgement
11. Force should never be use to? Punish anyone.
12. Who's responsibility is punishing a Court.
criminal?
13. "Graham Factors": What factors do you Severity of the crime, The suspect is an imme-
have to consider before use of force? diate threat to the safety of the oflcer or other,
The degree to which the subject resists arrest or
detention, Any attempts to evade arrest by flight.
14. Additional fact to use of force # of suspects and oflcer. The size, age, and con-
dition of the oflcer and suspect. use of alcohol
or drug. availability of other weapons.
15. What is subjective reasonableness? 1. Existing in the mind;
2. Pertaining to or characteristic of an individual
3. Placing excessive emphasis on one's own
moods, attitudes, opinions
16. What is an objective evidence? Evidence that you can examine and evaluate for
yourself.
Not influenced by person's feelings, interpreta-
tion, prejudice.
17. What is an subjective evidence? Evidence that you cannot evaluate.
Simply have to accept what the person says or
reject it.
18. objective fact