Policy 300
What is the definition of Deadly Force?
Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a).
Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to (fill in blank)
Identify, Order, & Warn
An officer's subjective fear of future harm alone is sufficient as an imminent threat.
False
It was found that use of deadly force to prevent escape, without probable cause that the fleeing suspect posed a physical danger, is an unreasonable seizure under the __ Amendment.
The 4th Amendment
What Penal Code states that Homicide is justifiable when committed by peace officers and those acting by their command in their aid and assistance when the homicide results from a peace officer’s use of force that is in compliance with Section 835a?
196 PC
Officers shall use only that amount of force that (fill in the blank) known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).
reasonably appears necessary given the facts and totality of the circumstances
The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances:
Name the first circumstance
a. An officer may use deadly force to protect themself or others from what the officer reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person.
Shooting at mooting vehicle is rarely effective.
True
The killing of a fleeing suspect is a “ _______” for the purposes of the Fourth Amendment and is therefore constitutional only when it is reasonable.
“Seizure”
As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider doing this, which may increase officer safety and may decrease the need for using force.
De-Escalation (Alternative Tactics)
Any peace officer may use objectively reasonable force to (finish the sentence)
effect an arrest, to prevent escape, or to overcome resistance.
An "imminent" threat of death or serious bodily injury exists when:
Based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person.
Officers may shoot at any part of a vehicle in an attempt to disable the vehicle.
False
The United States Court of Appeals for the Sixth Circuit found that based on the facts in this case, the Tennessee statute failed to properly limit the use of ______ ______ by reference to the seriousness of the felony.
Deadly Force
The 4 KEY Firearm Safety Rules are:
1. Treat every firearm as if it is loaded.
2. Never point the muzzle at anything you are not willing to destroy.
3. Keep your finger off the trigger until you are on target and ready to fire.
4. Know your target, backstop and sector of fire.
If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, where should the officer's firearm be pointed?
Firearms should generally be kept in the low-ready or other position not directed toward an individual.
The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances:
Name the second circumstance
b. An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.
Warning shots are permitted.
False:
Generally, shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe.
Warning shots shall not be used.
The U.S. Supreme Court decided Graham v. Connor and established that claims of excessive force by law enforcement officers should be judged under an “______ ______” standard.
Objective Reasonableness
If an officer is involved in a shooting incident with other officers, the safest formation for all officers should be “on-line” with each other. (True or false)
True
When can an officer direct a firearm at a threat?
If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time, firearms may be directed toward such threat until the officer no longer perceives such threat.
Officers shall not shoot at or from a moving vehicle unless: (name one of the three reasons)
(a) Someone in the vehicle is using or threatening deadly force and is an imminent threat to life, as defined in Penal Code 835a, or
(b) The driver is attempting to use the vehicle as a weapon of mass destruction in an apparent terrorist attack, or
(c) The driver is using the vehicle as a weapon in a ramming-attack.
A simple modification to an officer's personally owned duty handgun does not need to be approved by the chief of police.
False: Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Chief of Police.
What 3 Prong Test for Reasonable "Graham Factors" did the courts establish in this case to measure the lawfulness of a particular use of force?
1. The severity of the crime at issue
2. Whether the suspect poses an immediate threat to the safety of others/ officers
3. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight
When can an officer deploy a patrol rifle?
Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect’s firepower.
4. When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
7. When needed to euthanize an animal.