USE OF FORCE MPTC QUESTIONS WITH
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Define Force - correct answer- Any action, with or without a
weapon, used by offenders to resist and police to stop.
Define non-deadly force - correct answer- Any force neither
intended nor likely to cause serious bodily injury or death
Define deadly force - correct answer- Physical force that can be
reasonably expected to cause death or serious bodily injury
When can an officer use deadly force in Massachusetts? -
correct answer- 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 includes 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
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Bodily Harm - correct answer- injury does not pose or create a
substantial risk of death, permanent disfigurement or significant
loss or impairment
Serious bodily injury - correct answer- Permanent disfigurement
Long-term loss of bodily function, limb or organ
Causes a substantial risk of death.
Graham vs Connor - correct answer- Judged from the
perspective of a reasonable officer on the scene rather than the
20/20 vision of hindsight.. *Reasonable standard
totality of circumstances - correct answer- 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 - correct answer- 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?
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did the suspect show intent but overly acvt, word or deed?
Tennessee vs. Garner - correct answer- 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. Klein - correct answer- 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 cause death/SBI if apprehension is delayed
Body lanaguage - correct answer- Some body language cues
are unintentional physiological responses to stress that may
indicate forthcoming resistance
Clenching - correct answer- Suspect may clench fists or teeth