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 ...
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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