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1. Graham v.
Recognized that the right to make an arrest or investigatory stop
Connor (1989)
nec- essarily carries with it the right to use some degree of
physical coer- cion/threat to attect it.
Established that the reasonableness of a particular use of force
must be judged from the perspective of a reasonable oflcer on
the scene, rather than with the 20/20 vision of hindsight.
Is the standard when evaluating ALL LEO use of force cases.
2. Graham Factors SIRF
Severity of crime
Whether suspect poses an immediate threat
Whether suspect is actively resisting arrest
Attempting to evade arrest by flight
3. Additional factors # of suspects/# of oflcers
con- sidered when Size, age, condition of oflcer/suspect
applying standard of Duration of action
Graham v. Connor Whether force applied resulted in injury
that may gov- ern Previous violent history known to oflcer at
the reasonableness time Use of alcohol/drugs
of using force Suspect's mental history known to oflcer at
time Presence of innocent bystanders
Availability of oflcer weapons
Supreme Court stated it is not reasonable to shoot an unarmed
4. Tennessee v. non-dan- gerous fleeing suspect.
Garner (1985)
Qualified Immunity in action - Oflcer Garner received qualified
immunity because even though the court found his action to be
unconstitutional, there was no established legal precedence at
, FLETC Written Exam #1 with all Correct & 100% Verified
Answers |Latest Version |Already Graded A+
the time.
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Answers |Latest Version |Already Graded A+
Court used Graham factors in this case when deciding on the
oflcer's use of force.
5. Key Elements of Probable cause
Ten- nessee v. Threat
Garner Oflcer not obligated to wait until death or serious bodily harm
is occur- ring.
If based on totality of circumstance and the oflcer perceives a
threat of such action, a reasonable force option may be used.
6. Pre-Assault Indicators 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
7. Common Restrictions Use of warning
in Agency Use of shots Use of
Force Pol- icy maximum force
Moving vehicles
Exhausting lesser means of force first
8. Physiological
Changes triggered Pounding
when faced with a heart Muscle
threat tension
Rapid, shallow
breathing Nausea
Dizziness
Dry mouth
Diminished sound