An officer may use deadly force:

when the officer or someone else's life is in immediate danger

Can device be used to protect land or tangible, movable property?

Yes, but the device cannot be designed or intended to cause death/SBI

Case law pertaining to pepper spray:

Martinez v. New Mexico Department of Public Safety

Dynamic Resistance-Response Model (DRM) - what are no resistance options?

Verbal commands and professional presence

Force allowed to defend third person?

Yes, if immediately necessary to protect them

When using force to execute a search warrant, all are true EXCEPT:

Deadly force is authorized in executing all search warrants.

Dynamic Resistance-Response Model (DRM) - what are non-threatening resistance options?

Control holds and pressure points

The FBI looks for which kinds of offenses?

Clearly offensive, deliberate, and willful

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Use of Force

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BPOC 736 Use of Force Theory review

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Questions 100

Answers

1
US Constitutional Amendment limiting force to "reasonable" level?
4th
2nd
6th
8th
2
First level of force available to officers on scene?
Firearms
Professional Presence
TASER
Takedowns and come-alongs
3
Power dynamically considered / in motion or action / constraining / directed to end - usually to show unlawful action
Black's Law Dictionary - Force
Black's Law Dictionary - Search
Black's Law Dictionary - Authorize
Black's Law Dictionary - Detain
4
As a professional, your use of force should be:
Extreme and unwavering
Selective and appropriate
Decisive and immediate
Partial and sparing
5
This results from using a level of force less than a subject's level of resistance
Excessive Control
Unauthorized Control
Absolute Control
Ineffective Control
6
Anything perceived as hasty, irrational, or unfair, makes an officer seem:
unethical
irrational
professional
uninhibited
7
Case law pertaining to handcuffing:
Robinson v. Solano County
Hathaway v. Bazany
Jennings v. Jones
Baskin v. Smith
8
Which of the following are included in weapon strategies?
Impact weapons
Stun gun
All are correct
Chemical/Electrical means
9
a rational appeal addresses a person's:
needs and desires
common sense
long-term consequences
speaker credibility
10
Words, touch, and body movements are all:
illegal uses of force
constraints to communication
elements of communication
figments of imagination
11
The concept of Crew Resource Management says all of the following are part of the team EXCEPT:
Primary Officers
Field Trainer / Trainees
Suspects
Supervisors
12
You should conclude ___________ when a person is unreceptive to repeated appeals
Verbal Dialogue
Improper Listening
Words are not working
Professional Presence
13
Officers should determine if there are any ___________ to effective communication and try to eliminate them if possible
benefits
efficiencies
enhancers
obstacles
14
Case law states officers performing discretionary function enjoy immunity that shields from liability for civil damages
Milstead v. Kibler
Arizona v. Gant
Roe v. Wade
Fraire v. City of Arlington
15
This is in Ch. 9 to justify protect. of person, property, third person, but is not in LE and spec. relationship sec.?
Directly
Immediately
Appeal
Authority
16
The way (or how) one enters the scene relates to?
Threat of Force
Professional Presence
De-Escalation Strategies
Non-verbal Communications
17
What % of contact requires physical force?
34%
.5%
3%
10%
18
How much force can be used to prevent suicide?
Force, but not deadly force
Any and all, including deadly force
Deadly force if suicide is by waterway
None
19
An officer may use deadly force:
to prevent a person from fleeing immediately after committing arson
to prevent trespass during the nighttime
when the officer or someone else's life is in immediate danger
to prevent someone from committing suicide
20
Waiting for opportunity to speak as soon as someone finishes talking is:
Improper listening
Incorrigible dialogue
Inconsiderate communication
Inconclusive investigating
21
Can device be used to protect land or tangible, movable property?
No, nothing is permitted to protect land / property
Yes, but the device cannot be designed or intended to cause death/SBI
Yes, and there are no restrictions on the types of devices that can be used
Only bear traps are allowed for protection of property
22
Case law pertaining to pepper spray:
Martinez v. New Mexico Department of Public Safety
Robinson v. Solano County
Hathaway v. Bazany
Morris v. Dillard's Department Store
23
Conduct that is justified if the person reasonably believes conduct is immediately necessary to avoid imminent harm
Potentially
Unlikely
Obligatory
Necessity
24
Dynamic Resistance-Response Model (DRM) - what are no resistance options?
ECD/OC/Baton/Personal Weapons
Verbal commands and professional presence
Firearms and all tools
Control holds and pressure points
25
Federal civil rights complaints are investigated by:
ATF
FBI
DEA
USPS
26
Can't seize w/deadly force W/O circumstances showing suspect likely to pose threat of death/injury if not immed. caught
Riley v. California
Maryland v. Wilson
Weeks v. United States
Tennessee v. Garner
27
Force defined as amount of lawful phys. coercion sufficient to achieve legit LE objective & objectively reasonable?
Proportionate or Metered
Reasonable or Unnecessary
Reasonable or Necessary
Required or Authorized
28
Force options available to peace officers include all of the following except:
batons
non-verbal communication
deadly force
professional presence
29
Force allowed to defend third person?
Yes, at the discretion of the officer involved
Yes, if reasonable necessary based on escalation of problem
Yes, if immediately necessary to protect them
No, third persons have their own authority to protect themselves
30
All are types of special relationships under Chapter 9 Penal Code EXCEPT:
Parent/Child
Educator/Student
Doctor/Patient
Guardian/Incompetent
31
Conduct justified if person reasonably believes conduct is immediately necessary to avoid imminent harm
Practical
Necessity
Required
Desirability
32
Case law pertaining to shooting at moving vehicles:
Martinez v. New Mexico Department of Public Safety
Robinson v. Solano County
Hathaway v. Bazany
Morris v. Dillard's Department Store
33
Two justifications for use of force under Texas Penal Code
Public Duty and Necessity
Authority and Intent
Firmness and Fairness
Immediacy and Imminence
34
Dynamic Resistance-Response Model (DRM) - what are deadly resistance options?
Verbal commands and professional presence
Firearms and all tools
ECD/OC/Baton/Personal Weapons
Control holds and pressure points
35
Officer ethical presence is an expression of:
Self control
Compensating behavior
Professional presence
verbal dialogue
36
an ethical appeal is based on:
common sense
long-term consequences
speaker credibility
needs and desires
37
"Serving to Protect," "Devoted to Resisting or Preventing Aggression or Attack"
Blessed
Shielded
Enabled
Defensive
38
Officer control is ___________ when someone seriously threatens bodily harm to officer or the public
Questioned
Granted
Delegated
Compromised
39
All of the following can use force to safeguard or promote welfare of a child EXCEPT:
anyone acting under the direction of a court with jurisdiction
a grandparent or guardian
a spouse of the child
anyone who has the express or implied consent of the parent or parents
40
In use of deadly force, this reflects the inner controls of the officer.
Individual choice
State law
Supervisory direction
Compensating behavior
41
When using force to execute a search warrant, all are true EXCEPT:
The peace officer must reasonably believe the warrant is valid.
Persons who are acting at the direction of the officer can also use force.
Deadly force is authorized in executing all search warrants.
Officer's identity / purpose should be known / made known b4 using force.
42
This results from using a level of force unreasonably greater than a subject's level of resistance
Ineffective Control
Unauthorized Control
Excessive Control
Absolute Control
43
Is there a duty to retreat if deadly force is justified?
Only for felony deadly force
When practical
No
Yes
44
Dynamic Resistance-Response Model (DRM) - what are non-threatening resistance options?
Verbal commands and professional presence
Firearms and all tools
Control holds and pressure points
ECD/OC/Baton/Personal Weapons
45
Related to elements of communication, content includes:
verbal persuasion
force options
listening skills
the actual message
46
Which is not a type of verbal appeal discussed in thie course?
Practical
Rational
Personal
Pragmatic
47
The FBI looks for which kinds of offenses?
Deliberate
Willful
Clearly offensive
Clearly offensive, deliberate, and willful
48
If use of force is justified, this is also justified in Ch. 9 Penal Code.
Arrest in lieu of citation
Civil remedies
Verbal dialogue
Threat of force
49
Justified if force is justified and actor takes reasonable measures to terminate confinement unless person is arrested?
Deadly Force
Confinement
Threat
Escape
50
You can possibly reduce problems and dangers assoc. w/physical arrest if you are ______ with violators
Confident but Clueless
Firm but Fair
Separate but Equal
Cautious but Concerned
51
A personal appeal is based on addressing the person's:
common sense
needs and desires
long-term consequences
speaker credibility
52
In physical arrest, police role is essentially
Proactive
Adversarial
Defensive
Offensive
53
In every encounter, elements officers must recognize & control include all BUT:
Audience
Participation
Constraints
Ethical Presence
54
Takedowns and Come-Alongs relate to?
De-escalation Strategies
Graham v. Connor
Weaponless Strategies
Deadly Force
55
Strength/energy brought to bear, cause of motion/change, active power; moral/mental strength; capacity to persuade
Force
Compel
Control
Require
56
What is the most dangerous call type for responding officers?
Robbery in Progress
Criminal Mischief
Domestic Violence
Person with Weapon
57
Are there good faith defenses to criminal violations in an FBI investigation of use of force?
No, not for any violations
Yes, for any violations
The FBI does not investigate these
For minor violations only
58
Professionalism criterion of law enforcement requires officers to be
Departmentally Dependable
Consciously Competent
Politically Precise
Situationally Secure
59
______ of an officer's duties involve verbal skills
10%
50%
3%
97%
60
Case law pertaining to pepper spray:
Jennings v. Jones
Baskin v. Smith
Hathaway v. Bazany
Robinson v. Solano County
61
If words and actions disagree, trust:
nothing
actions
words
feelings
62
Communication is an important _____ tool
Force
Secondary
Professional
Logic
63
a practical appeal ignores:
speaker credibility
common sense
long-term consequences
needs and desires
64
Listening allows an officer to determine:
Whether citizens are listening to officer orders
Priorities to which they must respond
Force options that are justifiable in court
Personal opinions about the validity of citizen concerns
65
Power, violence or pressure directed against a person or thing
Force
Authority
Law
Ego
66
What can you NOT be required to do as part of an administrative investigation?
All of these can be required of you
Take a polygraph
Stand in a line-up
Provide a statement
67
"Government officials who perform discretionary functions are entitled to the defense of qualified immunity" comes from:
Milstead v. Kibler
Tennessee v. Garner
Okonkwo v. Fernandez
Graham v. Connor
68
hesitating, verbal abuse, and bluffing are examples of:
Good police tactics
Compensating behavior
Ethical constraints
Criminal liability
69
Only legally authorized time force can be used to resist arrest/search by PO?
Before offering resistance, subject declares arrest/search to be illegal
Before offering resistance, PO gives direction for person to submit
Texas law does not allow this under any circumstances
Before offering resistance, PO uses/attempts greater than necessary force
70
Which of these is a consideration courts consider when force is used?
Actions of totally uninvolved parties at the scene
Name of the person against whom force is used
Behavior of the person against whom force is used
Any imagined threat the officer may face at the scene
71
What does Garrity v. New Jersey tell us?
There is no good faith defense to search warrant requirements under fed law
After OIS, evid. gathered under threat of dismissal unavail. in crim trial
Ofc. may remove driver from veh. on traff. stop as needed to conduct stop
Exigency is determined on a case-by-case basis; considers totality of event
72
If force/deadly force justified by Ch. 9, are you immune from civil liability 4 personal injury/death from use of force?
No
By court order
Only in cases where death was not immediate
Yes
73
Obstacles to effective communication include all but:
Time of day
Quality of equipment
Officer's own mood
Weather
74
Fraire v. City of Arlington, 957 F.2d 1268 (1992) discusses:
Handcuffing
Pepper Spray
Use of Force
Canine as Force
75
CCP Art. 2.13 (b) states, when allowed by law, officers shall:
obtain warrants of arrest and detain violators
interfere without warrant to prevent or suppress crime
use all levels of force available to prevent crime
seek guidance from a magistrate before enforcing any criminal law
76
Ceballos v. Bridgwater, Porras, & Mull says what?
officers perform disc. function enjoy immunity from civil liability
Officers driving to work protected under worker's compensation if injured
Non-exigent searches of cellular phones require a search warrant or consent
officer cannot use deadly force without immediate threat to self or others
77
Related to elements of communication, non-verbal includes:
verbal dialogue, speech, etc.
vocal skills and verbal personality, etc.
evidence on scene, weather, etc.
raised eyebrows, posture, etc.
78
Case law pertaining to hogties and asphyxiation:
Martinez v. New Mexico Department of Public Safety
Morris v. Dillard's Department Store
Robinson v. Solano County
Hathaway v. Bazany
79
Improper listening means:
Misinterpreting the question
Not paying attention to what is said
Having an interruption during dialogue
Not speaking the same language as the subject
80
Even if your criminal use of force is justified under Ch. 9 Penal Code, what is unaffected?
Trial dates
Tort reforms
Court attorneys
Civil remedies
81
Dynamic Resistance-Response Model (DRM) - what are threatening resistance options?
Verbal commands and professional presence
Firearms and all tools
Control holds and pressure points
ECD/OC/Baton/Personal Weapons
82
Title 18, Sec 241 USC - Conspiracy against Rights of Citizens involves _________ person(s)
5 or more
7 or more
only one
2 or more
83
Objective of using control is to ______ from violator; is the degree of influence exerted over violator.
Enlist assistance
Elicit cooperation
Extract information
Exhibit authority
84
Officers must learn to allow people to lawfully express:
assault
hate crimes
frustration
arson
85
Officers should use words to state purpose, not to express:
proper security
relevant disdain
professional attitude
personal feelings
86
Can deadly force be justified in response to simple assault according to PC 942(2)(A)?
No, but deadly force for Harassment and DWI at night are justified
No, but deadly force for Disorderly Conduct at night is justified
No, but deadly force for Criminal Mischief and Theft at night are justified
No, but deadly force for Speeding and Fail to Signal at night are justified
87
Officers must remain alert to the dynamics of people present and whether elements within a group may be in a posture of
helping with translations or using their language skill to insult police
dispersing from the scene or gathering in a crowd around officers
committing crimes in officer presence or waiting for police to leave first
assisting the officer or interfering w/or hostile to performance of duty
88
Case law pertaining to seizure at gunpoint:
Hathaway v. Bazany
Morris v. Dillard's Department Store
Robinson v. Solano County
Martinez v. New Mexico Department of Public Safety
89
Case law concerns officers' actions & whether objectively reasonable compared to facts & circumstances known at the time
Mapp v. Ohio
Carroll v. United States
Tennessee v. Garner
Graham v. Connor
90
Actions can be misleading, but when words and actions disagree,
Be alert and ready to use force
Conclude that further investigation is needed
Make lawful arrests for crimes in your presence
Trust your instincts and training
91
Each year on average, the FBI investigates over ________ civil rights complaints.
3,225
17,000
6,000
1.7 million
92
Non-supervisory officer has affirmative duty to ________ others using excessive force
Aid
Stop
Ignore
Record
93
These are the reasons for the use of force.
Decisions
Options
Justifications
Choices
94
An officer should conclude ____ when forced to repeat the same words over and over and the person is not being persuaded
Affirmative defense to prosecution
Words are no longer working
Integrity is being questioned
Excessive force is being used
95
Related to elements of communication, voice includes:
searching for hidden meaning of words
speaking the citizen's language
verbal personality (how we talk)
raised eyebrows, posture, etc.
96
What level of force can be used to protect life or health in emergency?
Force, but not deadly force
Force and deadly force
No force is authorized in an emergency
Deadly force, but not force
97
Is force authorized to prevent or terminate trespass or interference with property?
The threat of force is the only authorized option in this case
No, not under any circumstances
Yes
No, but deadly force is
98
The legal authority to use force can be found where?
Occupations Code
Civil Remedies Code
Health and Safety Code
Penal Code
99
Criteria to assess if an officer is acting professionally include all BUT:
Ability to know when to move from words to force and from force to words
Ability to accurately assess the situation and define the problem
Ability to communicate effectively with people outside of the profession
Ability to act immediately based on preconceived notions and opinions
100
Force intended or known by the actor to cause, or in manner of its use or intended use capable of causing, death or SBI
Deterrent Force
Lethal Force
Deadly Force
Extreme Force

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