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FLETC Written Exam #1 Solution Rated A+

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FLETC Written Exam #1 Solution Rated A+ Graham v. Connor (1989) 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 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 # 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 Officer responses range from: Hesitation---------------Aggressive Tennessee v. Garner (1985) dangerous fleeing suspect. Supreme Court stated it is not reasonable to shoot an unarmed non Key Elements of Tennessee v. Garner 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 Change in posture Verbal aggression 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 Use of maximum force Moving vehicles Exhausting lesser means of force first Use of warning shots Physiological Changes triggered when faced with a threat Muscle tension Rapid, shallow breathing Nausea Dizziness Dry mouth Diminished sound Tunnel vision Slow motion time Memory loss Memory distortion Tunnel Vision Pounding heart Loss of peripheral vision Heightened Visual Clarity Hearing Distortions Clear picture of details you ordinarily might not notice/remember Total loss of hearing, to muffled or distant Time Distortion Things seem to speed up or slow down Cognitive/Behavioral Changes triggered when faced with a threat Memory Gaps Intrusive Thoughts Methods of overcoming hesitation in use of force Automatic Behavior Mental preparation Proper Training Belief in mission Personal Appearance Physical Fitness Understanding the law Reality Based Training Continuous Positive Visualization Understanding of agency policy Commitment to family/friends Will to win Fundamentals of Documenting Use of Force Incident Objective, not subjective Training and Experience Matched Description Basis for Seizure Terry Stop Officer Safety Reasonable suspicion sufficient for investigation stop or detention; no warrant needed Two Main Parts of the Mind The Conscious Mind The conscious and the subconscious Rational, analytical part of the mind. Home to will power and short-term memory The Subconscious Mind The real boss, communicates through feelings and emotions Mistaken Assumptions of Perception Everyone sees everything that occurs Everyone sees what really occurs Everyone processes information the same way Everyone remembers exactly what occurred during an incident Memories stay the same, maintain accuracy, and remain consistent over time People can replay experiences with accuracy and detail

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FLETC Written Exam #1 Solution Rated A+
Graham v. Connor (1989) 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 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 # 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 Officer responses range from:



Hesitation---------------Aggressive



Tennessee v. Garner (1985) Supreme Court stated it is not reasonable to shoot an unarmed non-
dangerous fleeing suspect.



Key Elements of Tennessee v. Garner 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 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 Use of warning shots

Use of maximum force

Moving vehicles

Exhausting lesser means of force first



Physiological Changes triggered when faced with a threat Pounding heart

Muscle tension

Rapid, shallow breathing

Nausea

Dizziness

Dry mouth

Diminished sound

Tunnel vision

Slow motion time

Memory loss

Memory distortion



Tunnel Vision Loss of peripheral vision

, Heightened Visual Clarity Clear picture of details you ordinarily might not notice/remember



Hearing Distortions Total loss of hearing, to muffled or distant



Time Distortion Things seem to speed up or slow down



Cognitive/Behavioral Changes triggered when faced with a threat Automatic Behavior

Memory Gaps

Intrusive Thoughts



Methods of overcoming hesitation in use of force Mental preparation

Proper Training

Belief in mission

Personal Appearance

Physical Fitness

Understanding the law

Reality Based Training

Continuous Positive Visualization

Understanding of agency policy

Commitment to family/friends

Will to win



Fundamentals of Documenting Use of Force Incident Officer Safety

Objective, not subjective

Training and Experience

Matched Description

Basis for Seizure



Terry Stop Reasonable suspicion sufficient for investigation stop or detention; no warrant needed

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