ACTUAL QUESTIONS WITH
VERIFIED ANSWERS.
What are the 2 ways to get qualified immunity? - correct
answer-If the judge finds that 1. The force was constitutional or
2. That the law was not clearly established at the time
Why did the Officer in Tennessee v. Garner receive qualified
immunity? - correct answer-At the time of the shooting,
Tennessee law states that all necessary force was authorized
to stop a fleeing felon. Therefore, the law was not clearly
established.
What does the court state in Graham v. Connor? - correct
answer-Court held that all claims that LEO's have used
excessive force - deadly or not - in the course of an arrest,
investigatory stop or other seizure of a free citizen should be
analyzed under the 4th amendment and its objective
reasonableness standard.
The reasonableness of a particular use of force must be judged
from the perspective of a reasonable officer on the scene,
rather than with 20/20 hindsight.
,What are the Graham factors? - correct answer-Severity of the
crime
Immediacy of the threat
Whether the suspect was actively resisting arrest
Whether the suspect was attempting to evade arrest by flight
What some other factors not included in Graham Factors? -
correct answer-Totality if circumstances
Number if suspects vs. officers
Size, age, weight, and condition of Officer vs. suspect
Previous violent history
Psychiatric history
Alcohol or drug use
Presence of innocent bystanders
Time of day/lighting conditions
When is deadly force objectively reasonable? - correct answer-
Deadly force fan be objectively reasonable when an officer
believes there is probable cause that the suspect poses
significant threat of death or serious bodily harm to the officer
or others and the officer gives warning when feasible
, What standard is set forth by the 4th amendment for the course
of an arrest, investigatory stop, or other 'seizures' of a free
citizen? (Use of Force) - correct answer-Objectively
reasonableness standard
What is a PreAssault Indicator? - correct answer-Behaviors that
are observed that could indicate an attack or assault is likely
True/False there is no legal requirement to wait for an assault
to occur to utilize force - correct answer-True
True/False the standard of objective reasonableness requires
officers to choose the least intrusive level of force - correct
answer-False, only requires a reasonable one
How can an officer overcome unnecessary hesitation in use of
force applications? - correct answer-Understanding that use of
force is an offensive act. Critical for an officer to be proactive
and react to the threat of violence and not the violence itself