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Graham v. Connor (1989) - Answer: Recognized that the right
to make an arrest or investigatory stop necessarily carries with
it the right to use some degree of physical coercion/threat to
affect it.
In the course of an arrest or stop is properly analyzed by Fourth
Amendment's 'objective reasonableness' standard
Graham Factors - Answer: Severity of crime
Whether suspect poses an immediate threat
Whether suspect is actively resisting arrest
Attempting to evade arrest by flight
Additional factors considered when applying standard of
Graham v. Connor that may govern the reasonableness of using
force - Answer: # of suspects/# of officers
Size, age, condition of officer/suspect
Duration of action
Whether force applied resulted in injury
Previous violent history known to officer at time
,Use of alcohol/drugs
Suspect's mental history known to officer at time
Presence of innocent bystanders
Availability of officer weapons
Range of Reasonableness - Answer: Officer responses range
from:
Hesitation---------------Aggressive
Tennessee v. Garner (1985) - Answer: Supreme Court stated it
is not reasonable to shoot an unarmed non-dangerous fleeing
suspect.
Key Elements of Tennessee v. Garner - Answer: Probable cause
Threat
Officer not obligated to wait until death or serious bodily harm
is occurring
If based on totality of circumstance and the officer perceives a
threat of such action, a reasonable force option may be used
, Pre-Assault Indicators - Answer: Verbal aggression
Change in posture
Face becomes red, showing teeth, breathing faster
Individual ignores you or stares through you
Aggression
Hands tighten
Individual becomes rigid
Chin tucked
Common Restrictions in Agency Use of Force Policy - Answer:
Use of warning shots
Use of maximum force
Moving vehicles
Exhausting lesser means of force first
Physiological Changes triggered when faced with a threat -
Answer: Pounding heart
Muscle tension
Rapid, shallow breathing
Nausea
Dizziness