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PAC 100 Ch. 2, Unit 4 thru 7 Lesson 1
Terms in this set (20)
Identify the factors used in the objective reasonableness standard:
The Court concluded that the ______ test is not a precise or clear rule but requires careful review of the facts and circumstances of each case, including the severity of the crime, whether the suspect posed an immediate threat to the safety of officers or others, and whether the suspect was actively resisting arrest or attempting to evade arrest by flight.
Identify the 2 questions an officer will have to answer in any use of force situation:
Was the action reasonable and necessary, and was the amount of force applied reasonable and necessary?
Identify the 3 main circumstances under which law enforcement officers are faced with use of force decisions:
The arrest or detention of a suspect, to prevent escape or return an individual to custody, and to defend oneself or another
Identify the law authorizing law enforcement officers' use of force in making arrests, and when apprehending escaped inmates:
A law enforcement officer is justified in the use of force when the officer reasonably believes it to be necessary to defend him- or herself or another person from bodily harm while making the arrest, when it is necessary for retaking felons who have fled or are fleeing from justice.
Identify when an officer may use deadly force to apprehend a fleeing felon:
When deadly force is necessary to prevent the suspect from escaping, when a warning has been given when feasible, and when the officer reasonably believes that the felon poses a threat of death or serious physical harm to the officer or others or that the felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.
Define Deadly force pursuant to Florida law
any force that is likely to cause death or great bodily harm. (the most common deadly force incidents involve the use of firearms. Also FL statute states that shooting a fleeing motor vehicle constitutes ______.
Identify when a law enforcement officer may use force during an investigative detention:
The FL courts have recognized that officers may draw their weapons when conducting a Terry stop when they reasonably believe that the use of weapons is necessary to protect themselves or prevent a suspect's ability to flee.
Identify when a law enforcement officer may use force to prevent an arrested person from escaping custody:
The statute authorizes law enforcement and corrections officers to use deadly force to prevent the escape of an inmate from a penal institution (prison or county jail).
Identify when individuals may use deadly force in self-defense or in defense of others:
if the individual has reason to believe that deadly force is necessary to prevent imminent death or great bodily harm to him-or herself or another person or to prevent the commission of a forcible felony.
No retreat law
FL statute states that a person is presumed to be in imminent fear of death or great bodily harm when there is an unlawful and forceful entering of a dwelling or occupied vehicle. (stand your ground doctrine/castle doctrine)
Responsibility for a wrongful act or an omission that injures a person or property and most often involves negligence. (penalties are normally payment of money damages to the victim or the victim's heir)
An improper act in civil law. A civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity.
Identify examples of intentional torts:
Battery, false imprisonment, Conversion, Wrongful death (an unintentional would be called negligence)
Failure to use due or reasonable care in a situation that results in harm to another (i.e., an officer is looking at the screen on her in-car computer while driving her patrol car. She doesn't see the traffic has stopped and rear-ends the car in front of her. Since the officer breached her duty to act with reasonable care, she and/or her agency could be held liable for the damages caused by the crash)
Identify the elements of negligence
a duty to act with care, breach of the duty to act, causation or proximate cause, and damages
Identify the 2 major categories of damages:
compensatory and punitive
designed to compensate for the actual property damage, harm, or injury the plaintiff suffers. (may include general; which results from the defendant's actions, special; caused by the injury, or nominal damages; damages in name only, they are awarded when the jury believes the plaintiff's rights were violated but their is insufficient proof of measureable financial harm)
damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish the defendant and be a deterant to others.
Civil rights violations
An unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under the law.
means that the breach caused the harm
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