Objectively Reasonable Force
What should peace officers remember?
Peace officers should remember they should consider the least intrusive force option.
When can objectively reasonable force can be used?
Objectively reasonable force can be used by Officers attempting an arrest when faced with a threat or resistance.
What did the California Supreme Court rule in People V. Curtis?
A person may use reasonable force to defend life and limbs against excessive force.
What is the goal for the use of force?
The goal for the use of force is to gain control of the situation or individual(s) encountered, when reasonable.
What penal code was for: Subject’s duty to submit to arrest?
Penal Code Section 835a
What does Penal Code Section 835a say?
If a person has knowledge or should know that they are being arrested they have the duty to not resist the arrest in any way.
What does the U.S. Constitution and the laws of the State of California allow peace officers to use?
The U.S. Constitution and the laws of the State of California allow peace officers to use objectively reasonable force to effect an arrest, to prevent escape, to overcome resistance, in self-defense, or in defense of others while acting in the lawful performance of their duties.
What penal code was for: Officer authority to use restrain?
Penal Code Section 835
What does Penal Code Section 835 say?
It allows the officer to use as much restraint that is reasonable to arrest a suspect.
What will peace officers constantly be faced with?
Peace officers will constantly be faced with decisions of when to use force and to what degree it should be applied.
What can agency policies determine and what are officers responsible for?
Agency policy may also determine when and how you can use force for certain situations. Officers are responsible to know and be familiar with department policies.
What does Penal Code Section 835a(b) say?
When an officer has reasonable cause that the arrestee committed a public offense may use objectively reasonable force to effect and arrest, to prevent escape, or to overcome resistance.
What are the Graham factors?
whether the suspect posed an immediate threat to the safety of the officers or others
The severity of the crime at issue
Whether the suspect was actively resisting arrest
Whether the suspect was attempting to evade arrest by flight
Split-second judgements during circumstances that are tense, uncertain, and rapidly evolving
What penal codes are for: Authority and criteria for the use of force?
Penal Code Section 835a(b)
Penal Code Section 835a(d)
What does Penal Code Section 835a(d) say?
Officers who meet resistance don’t need to retreat. The officer won’t be seen as the aggressor and won’t lose the right of self-defence to continue the arrest.