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1. Graham v.
Recognized that the right to make an arrest or investigatory stop
Con-nor
necessarily carries with it the right to use some degree of physical
(1989)
coercion/threat to attect it.
In the course of an arrest or stop is properly analyzed by Fourth
Amendment's 'objective reasonableness' standard
2. Graham Factors Severity of crime
Whether suspect poses an immediate threat
Whether suspect is actively resisting arrest
Attempting to evade arrest by flight
3. Additional # of suspects/# of oflcers
fac-tors Size, age, condition of oflcer/suspect
considered Duration of action
when
Whether force applied resulted in injury
applying
Previous violent history known to oflcer at
standard of
time Use of alcohol/drugs
Gra-ham v.
Suspect's mental history known to oflcer at time
Connor that
may gov-ern
the reason-
ableness of using Presence of innocent bystanders
force Availability of oflcer weapons
4. Range of Reason- Oflcer responses range from:
ableness
Hesitation---------Aggressive
5. Tennessee v. Gar- Supreme Court stated it is not reasonable to shoot an unarmed non-
dangerous
ner (1985) of
6. Key Elements
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ing suspect.
Probable cause
Tennessee v. Gar- Threat
ner Oflcer not obligated to wait until death or serious bodily harm is occurring
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If based on totality of circumstance and the oflcer perceives a threat of
such action, a reasonable force option may be used
7. Pre-Assault Verbal aggression
Indi-
cators 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
8. Common Use of warning shots
Restric-
tions in Use of maximum force
Agency
Use of Force Moving vehicles
Pol-
icy Exhausting lesser means of force first
9. Physiological Pounding heart
Changes Muscle tension
triggered Rapid, shallow breathing
when
faced with a Nausea
threat Dizziness
Dry mouth
Diminished sound
Tunnel vision
Slow motion time
Memory loss
Memory distortion
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10. Tunnel Vision Loss of peripheral vision
11. Heightened Clear picture of details you ordinarily might not notice/remember
Visu-al Clarity
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