Use of Force Notes:

Key Points
I. Definitions
A. Force – an aggressive act committed by any person which does not amount to
assault and is necessary to accomplish an objective.
B. Deadly Force – force that is intended or known by the actor to cause death or
serious bodily injury.
C. Reasonable or Necessary Force – the minimum amount of lawful
aggression sufficient to achieve a legitimate law enforcement objective.
D. Control – the degree of influence the officer must exert over the violator to
take him or her safely into custody.
II. When Citizens are Authorized to Use Force
A. Self Defense
1. When is self-defense justified?
a. When a person reasonably believes it is immediately necessary to
protect him or herself against another's use of unlawful force
2. Use of force is not justified.
a. In response to verbal provocation alone
b. To resist the arrest or search being made by a police officer
c. If the person consented to the exact force used
3. Use of force to resist an arrest or search is justified when:
a. The person believes the police officer is using greater force than
necessary and
b. The person believes it is immediately necessary to protect
him or herself.
4. When is someone justified in using deadly force in self-defense?
a. When force is justified and
b. A reasonable person would not have retreated and
c. He or she reasonably believes deadly force is
immediately necessary to
i. Protect him or herself against another's use or attempted
use of deadly force or
ii. Prevent another's imminent commission of
a) Aggravated kidnapping
b) Murder
c) Sexual assault
d) Aggravated sexual assault.
e) Robbery
f) Aggravated robbery
d. Deadly force can be used to protect a third person from unlawful
use of deadly force.
B. Protection of Life
 1. A person is justified in using force to prevent another from committing
suicide or inflicting serious bodily injury on him or herself.
2. A person is justified in using force and deadly force when it is
immediately necessary to preserve another's life in an emergency.
C. Protection of Property
1. A person can use force to move someone who is trespassing or
disturbing his or her property, or to recover his or her property during a
fresh pursuit.
2. Deadly force be used to protect property when.
a. Using force is justified.
b. It is immediately necessary to
i. Prevent another's imminent commission of
a) Arson
b) Burglary
c) Robbery
d) Theft during the night time
e) Criminal mischief during the night time or
ii. To prevent the suspect from fleeing immediately after
committing any of the above except criminal mischief at night time and he or she
believes
a) The land or property cannot be recovered by any other
means or
b) The use of force to protect or recover the property
would expose the person to risk of death or serious bodily injury
c. A person can use force or deadly force to protect a third person's
property if he or she is already justified in using it and
i. Has been asked to
ii. Has a legal duty to or
iii. The property belongs to his spouse, parent, child, or roommate
3. Devices that can be used to protect a person's property
a. Any device that is not designed to cause risk of death or serious
bodily injury
D. Special Relationships
1. Parent to child
a. Force is allowed against a child under 18 and is
reasonable for discipline or safety
b. The person using force must be acting in loco parentis – parental
consent or be court-ordered
2. Educator to student
a. Force is justified if
i. Used by an administrator and
ii. It is necessary to maintain discipline
3. Guardian to incompetent
a. Force is allowed when
i. Used by the caretaker or guardian and
ii. It is necessary for their welfare or
iii. The person is in an institution and force is necessary
to maintain discipline

III. When Police Officers are Allowed to Use Force

A. A Police Officer's Role
1. The police role is defensive, officers are defending the
community when confronting an offender
2. A police officer does not have the duty to retreat
B. Police Officers Can Use Force
1. When citizens can
2. When making an arrest
a. All reasonable means are permitted
b. No greater force than necessary
3. When conducting a legal search
4. To prevent an escape after arrest
5. To maintain security or prevent escape from a correctional facility
C. A Police Officer and Deadly Force
1. A police officer is justified in using deadly force when the officer reasonably
believes it is immediately necessary to
a. Make an arrest
b. Prevent escape after arrest
2. Why would the police officer believe deadly force is immediately
necessary?
a. The conduct for which the arrest is authorized includes the use or
attempted use of deadly force, or
b. There is a substantial risk that the suspect will cause death or serious
bodily injury if the arrest is delayed
3. A police officer pointing his weapon at someone is not considered
deadly force
a. When he or she is making an arrest and will use deadly force if
necessary or
b. When he or she can articulate an officer safety issue
4. Tennessee v. Garner (1985)
a. Fleeing felon rule
b. Deadly force was allowed on someone who committed a felony and
was fleeing
c. It is no longer allowed unless deadly force is justified
D. The Use of Force Continuum
1. Officer presence
2. Verbal commands
3. Weaponless strategies
4. Weapon strategies
5. Deadly force
6. Most police departments have some version of this in their policy
E. How much force can an officer use against a suspect?
 1. One level of force higher on the Use of Force Continuum than what the
suspect is using or attempting to use
F. Factors That Determine How Quickly an Officer Can Escalate Their Level of Force
1. The nature of the crime
2. Whether the suspect is obeying commands
3. Weapons
4. If the suspect has a previous arrest record
5. The number of suspects
6. The number of backup officers
7. The size of the suspect(s)
8. The size of the officer
9. Fatigue – 3 to 5 seconds
10. Age
11. Sex
12. Perception of skills
G. Signs of Passive Behavior by a Suspect
1. Compliant with the officer’s commands
2. Makes no attempt to fight or resist arrest
3. Might even thank the officer for the job that they do
H. Signs of Aggressive or Assertive Behavior by a Suspect About to Fight
1. Thousand-yard stare
2. Pacing
3. Clenched fists
4. Bladed stance
5. Quick movements
6. Verbally expresses his or her intention
I. How Officers Effectively Handle Angry People
1. The officer is honest
2. The officer allows the person to vent
3. Depending on the situation, the officer
a. Refrains from escalating force and waits for the person to calm down
before arresting him or her, or
b. Matches the person’s intensity and force to neutralize him or her
4. The officer engages in conversation using the “gift of gab”
J. Factors that Contribute to a Person’s Hostility Towards Police
1. Issues going on in a person’s life such as
a. Family problems
b. Money or job problems
c. Health problems
d. Legal problems
2. Bad previous police encounters
3. The demeanor of the officer
4. Drugs or alcohol
5. Their sense of justice and its fairness in relation to them
K. Ways For an Officer to Have an “Edge”
1. Be alert
 2. Look professional
3. Maintain the height advantage
4. Don't get too close
5. Be prepared to step back
L. Consequences of Excessive Force
1. Departmental discipline
2. State court criminal action
3. State court civil action
4. Federal civil rights – criminal and civil
M. Legal Issues
1. An officer has the duty to intervene if other officers are engaging
in excessive force in his or her presence
2. There can be personal liability for failing to stop others
N. Report Writing/Documentation
1. Articulation is key
2. Documentation is everything
3. Your report is your chance to justify and explain your actions
4. It may be looked at by internal affairs, the media, and the courts
5. Details, details, details...