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Criminal Procedure + Use of Force Test 2 GPSTC Questions and Answers
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Criminal Procedure + Use of Force Test2 GPSTC Questions and Answers
Graham v. Conner (1989) - Answers -The Use of Force to make an investigatory stop or
arrest is a seizure;
4th amendment for excessive non deadly force
What is Seizure - Answers -A government termination of movement by means
intentionally applied
Examples of Seizure - Answers -Handcuffing, Spraying O.C, Tasing, Hitting with baton,
Shooting w/ a firearm, Killing someone
What is the ultimate seizure - Answers -Killing Someone
When the officer has authority to conduct a seizure - Answers -Officer has the autority
to use reasonable force or the threat of force to accomplish that seizure
What did the US Supreme Court said after Graham V. Conner - Answers --Every free
person has the right to be free from unreasonable searches and seizures
-The Government has the right to use force as long as it is reasonable
-Objective reasonableness as the means to strike this delicate balance
What is objective reasonableness? - Answers -It is based upon the totality of the
circumstances known to the officer at the moment the force was used. The court will
consider any objective fact.
Who's responsibility to make an articulation? - Answers -The officer. Put the court in the
same position you were in at the time of force was used.
What police officers are often forced to make? - Answers -Split-second judgment under
tense, uncertain, and rapidly evolving about the amount of force that is necessary for a
certain situation.
Reasonable officer - Answers --Would another officer with
-Similar training and experience
-Facing a similar circumstance
-Act in the same way or use similar judgement
Force should never be use to? - Answers -Punish anyone.
,Who's responsibility is punishing a criminal? - Answers -Court.
"Graham Factors": What factors do you have to consider before use of force? - Answers
-Severity of the crime, The suspect is an immediate threat to the safety of the officer or
other, The degree to which the subject resists arrest or detention, Any attempts to
evade arrest by flight.
Additional fact to use of force - Answers -# of suspects and officer. The size, age, and
condition of the officer and suspect. use of alcohol or drug. availability of other
weapons.
What is subjective reasonableness? - Answers -1. Existing in the mind;
2. Pertaining to or characteristic of an individual
3. Placing excessive emphasis on one's own moods, attitudes, opinions
What is an objective evidence? - Answers -Evidence that you can examine and
evaluate for yourself.
Not influenced by person's feelings, interpretation, prejudice.
What is an subjective evidence? - Answers -Evidence that you cannot evaluate.
Simply have to accept what the person says or reject it.
objective fact - Answers -Observation, Heard, Smelled, Touched, Able to be described,
counted, imitated (Helpful indecision making)
subjective fact. - Answers -Opinion, Judgement, Rumor, Varies from person to person
(not helpful in decision making)
Examples of objective fact - Answers -Time of day, Environmental surroundings, #s of
officers presents, were suspects armed?
Examples of subjective fact - Answers -Suspect made you nervous, Suspect looked
mean, suspect looked angry
Objective Language - Answers --I saw him
-I counted four ppl. in the car
-I saw him running towards
-She said she was going to
-He swung the board like this
Subjective Language - Answers --She acted like she
-I thought she was
-She thought she was going to get away with it
-He needs to grow up
, Force - Answers -Constraint exerted by a peace officer against a person to bring them
under control
Deadly Force - Answers -Force that is likely to cause death or great bodily harm
Non-Deadly Force - Answers -Force that is NOT likely to cause death or great bodily
harm
Great Bodily Harm - Answers -Harm that is likely to or actually does result in serious
bodly injury
Forcible Felony - Answers -Any felony which involves the use of threat of physical force
or violence against any person
Excessive force - Answers -Force that is not objectively reasonable
Color of Law - Answers -The appearance without the substance, of a legal right.
Usually, implies a misuse of power ade possible because the wrongdoer is clothed with
the authority of the government
Difference btw Obstruction(M) and Obstruction(F) - Answers -Everything is the same
but Obstruction(F) involves offering or doing violence by suspect
Who is appointed to use deadly force by Chapter 8 of Title 35? - Answers -Sheriffs and
peace officers
When can you use deadly force? - Answers -When the officer reasonably believes that
the suspect possesses a deadly weapon or any object, device, or instrument which,
when used offensively against a person, is likely to or actually does result in serious
bodily injury
3 circumstances before use deadly force - Answers --Poses an immediate threat of
physical violence to the officer or others;
-Probable cause to believe that the suspect has committed crime involving the infliction
-Threatened infliction of serious physical harm
Deadly force by LEO - Answers --A LEO in compliance w/ POST Act. OCGA 35-8
-May use Deadly force to apprehend a suspected felon only if there are 3 circumstances
What is justification as a defense? - Answers -The fact that a person's conduct is
justified is a defense to prosecution for any crime based on that conduct.
When the defense of justification can be claimed? - Answers -(1)Justified under code
section 16-3-21; 23; 24; 25; or 26;
(2)Reasonable fulfillment of his duties as a gov. officer or employee
(3)Reasonable discipline of a minor by his parents or loco parentis
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