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44 Cards in this Set
- Front
- Back
Constitutional amendments limiting police use of force: |
-4th -8th 14th |
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Power to use force is granted to police by which chapter/section of the PA Crimes Code? Pittsburgh Bureau of Police Policy? |
-Chapter 5 (18 PA. C.S. 508) -12-6 & 12-8 |
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Graham V. Connor |
-1989 -Landmark case for the Objective Reasonableness Standard. -Set precedent for viewing all uses of force as "seizures" through context of the 4th amendment -Diabetic entering convenient store for OJ -Split-second decision -NOT viewed with 20/20 hindsight |
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Brower V. County of Inyo |
-1989 -Under 4th Amendment a seizure occurs when a governmental termination of a person's movement is effected through means intentionally applied (first question in civil rights cases) -Total blockade/road block case |
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Tennessee V. Garner |
-1985 -Established national standard for use of deadly force against fleeing suspects -Unarmed teenager shot in back while climbing a fence during flight from robbery |
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Sacramento V. Lewis |
-1998 -Only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct -shocking the conscience -"unintentional" case -passenger falls off motorcycle and chasing police unintentionally hit and kill them |
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Monell V. Dept. of Social Services of NYC |
-1978 -A local government is considered to be a person, and thus subject to lawsuits for violations of civil rights under 42 U.S.C. 1983 -Deep pockets theory |
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Under 42 U.S.C.1983 can remedies for violations of civil rights include both civil and criminal charges? |
Yes |
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According to 42 U.S.C.8542(b), how can police officers lose the protection of governmental immunity? |
engaging in willful misconduct as defined in section 8550 |
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Deadly force is permissible when? |
Necessary to prevent death or serious bodily injury to self or another |
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Non-deadly force is justified in making an arrest when? |
Necessary to: -preserve peace -effect an arrest -defend officer or another from bodily injury -prevent an arrested person from escaping |
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What case law established the totality of the circumstances? |
Illinois v. Gates |
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What isn't considered a tactical communication goal? (2) |
-reduce moral -gain non-voluntary compliance |
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According to the pursuit use of force continuum, which is considered seizure/less lethal force? |
rolling box |
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What is an example of passive resistance |
someone drunk |
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Which level of the force continuum would you use for a passive resistant person? |
verbal direction and officer precense |
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What is the electronic pulse considered on the use of force continuum? |
seizure/less lethal |
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Deploying spikes for a motorcycle is considered what type of force? |
seizure/deadly force (because it's a motorcycle) |
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What aren't considered threat assessment cues? |
-talking -movement |
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What wouldn't be a behavioral description of a victim officer? |
not friendly |
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Define imminent danger |
An aggressor which placed you or another in imminent fear for your life or fear of serious bodily injury |
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The aggressors capability to kill or cause serious injury to you or another person describes what? |
ability |
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Deadly force is justified in making an arrest when? |
necessary to prevent escape of an armed fleeing felon |
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Police officers are sued under the civil rights act |
n/a |
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What isn't a remedy for 42 U.S.C. 1983? |
junctive relief |
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Will you have immunity if you chase a stolen vehicle with no lights and sirens and get in an accident? |
no |
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What type of culpability is necessary for a due process violation of the 14th amendment? |
negligence |
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Which section of the crimes code is use of force located? |
-Crimes and Offenses -508 |
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What isn't an element of deadly force? |
threat assessment |
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How many ways can the federal government charge you under the civil rights act? |
2 |
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Force that is readily capable of causing death or serious bodily injury is? |
Deadly force |
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According to the force continuum, a K-9 would fall under: |
intermediate control |
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Which code is the civil rights act? |
42 U.S.C. 1983 |
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According to the force continuum, what is considered to be seizure/deadly force? |
total roadblock |
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According to the force continuum, hard empty hand control falls under? |
restraint & control |
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When resistance stops the officer should: |
stop |
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Remedies available in a 42 U.S.C. 1983 claim? (4) |
-Injunctive
-compensatory -punitive attorney fees awarded to prevailing lawyer |
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Define Objective Reasonable Standard |
based on facts and circumstances available at the time |
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Impact of Brower v. Inyo is that a seizure employing potential deadly force is excessive when used to apprehend a suspect wanted for a non-dangerous offense where the suspect doesn't pose a significant threat to the public. |
n/a |
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Jones v. Chieffo |
-No immunity for negligent operation of patrol car -Philadelphia case |
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Define forcible felony |
a felony involving actual or threatened serious bodily injury |
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Deadly force elements? (4) |
-ability -opportunity -imminent danger -preclusion |
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Force Continuum |
-Officer Presence -Verbal Direction -Restraint and Control (Soft/hard empty hand control, OC, Chemical Agents) -Intermediate Force (Electrical, Impact Weapons, Impact Munitions) -Deadly Force |
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Types of Resistance |
-Psychological (Body Language) -Verbal (tone) -Passive (protests) -Active (flight) -Aggravated (deadly) |