Ch. 17 Force Options

Deprivation of rights under color of law is found in federal law a. Title 18, Section 242, U.S. Code. b. Title 18, Section 241, U.S. Code. c. Title 19, Section 242, U.S. Code. d. Title 19, Section 241, U.S. Code.

a

Evidence gathered from an employee under threat of dismissal is NOT ADMISSIBLE in criminal court a. Garretty vs NJ b. Tennessee vs Garner c. Graham v. Connor d. Estate of Ceballos v Bridgewater

a

It is a defense to ______ liability that the force used was within that degree of force authorized by the penal code. a. criminal b. civil c. social d. judicial

a

Justification of baton use includes ________. a. physical stature of offender b. reasonable suspicion c. offender's perception d. weaponless strategies

a

The good faith defense for an officer is enhanced when following the a. policy of the department. b. penal code. c. code of criminal procedure. d. government code.

a

The rational appeal is based on a. use of reasoning. b. short-term solutions that ignore long-term consequences. c. addressing a person's needs and desires. d. your position as a professional officer.

a

This appeal is useful when dealing with people who are upset and highly emotional. a. Ethical appeal. b. Rational appeal c. Practical appeal d. Personal Appeal

a

To judge whether a peace officer did or did not exceed his or her authority to use force in apprehending an offender, the courts will apply the Penal Code standard of ____ force in looking at the officer's action. a. reasonable b. probable c. noticeable d. excessive

a

Under CCP 6.06 PEACE OFFICER TO PREVENT INJURY, peace officers have __ to prevent injuries to others (including suicide) and protect other people's property. a. a duty b. a moral obligation c. no right d. a right to decide whether or not

a

When making an arrest, an officer may use ______ force. a. necessary b. required c. maximum d. minimum e. any

a

Where an officer has probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm, either to the officer or to others, _________may be used to prevent escape. a. deadly force b. reasonable force c. required force d. force

a

_____________ holds that "an officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer's use of excessive force can be held liable under t42 USC sec. 1983 for their nonfeasance. a. Davis v. Rennie b. Shaw v. Stroud c. Graham v. Connor d. Estate of Ceballos v Bridgewater

a

"Ethical presence" results from a. authority. b. expression of self-control. c. condescension. d. nature.

b

A peace officer walks into a busy convenience store and observes an armed robber at the cash register pointing a handgun at the clerk. The officer issues a challenge, "Police—don't move!" The robber turns and points the handgun at the officer. In self-defense, the officer fires her duty weapon. One of the officer's rounds kills the robber, the other round kills the clerk. The use of deadly force that caused the death of the clerk was a. justified because the deadly force against the robber was justified. b. reckless and therefore not justified under law. c. an unfortunate occurrence. d. murder under the penal code.

b

Communication is a ____________ ____________, not just luck. a. one way street b. professional skill c. occupational hazard d. break down

b

Conspiracy against the rights of citizens is found in federal law a. Title 18, Section 242, U.S. Code. b. Title 18, Section 241, U.S. Code c. Title 19, Section 242, U.S. Code d. Title 19, Section 241, U.S. Code.

b

Control is that degree of influence the officer must exert over a violator to take him or her safely into custody. Control is a "two-way-street." This means that a. both the officer and the violator are in control. b. an officer must be in complete self-control to be able to control a violator. c. self-control is one of the least used assets in dealing with a law violator. d. self-control is inherited rather than achieved.

b

It ____ a defense to civil liability that the force used was within that degree of force authorized by the penal code. a. is b. is not c. may be d. can be

b

Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word occurs in such connections as to show that unlawful or wrong action is meant. a. deadly force b. force - Blacks Law Dictionary c. force - Penal Code d. reasonable force

b

Psychological and physiological training can have a positive effect on a person threatened with danger to ensure that he or she can survive a conflict situation without resorting to excessive use of force. Which of the following has a significant effect on such training? a. Confidence in the academy's training officer's abilities b. Development of instinctive reactions c. Watching television shows that resort to logical solutions to problems d. Practicing sight alignment and sight picture target acquisition

b

Shots at or from a motor vehicle, warning shots, and shots to destroy animals a. are never justified. b. should be in accordance with departmental policy. c. should be in accordance with the Code of Criminal Procedure. d. are justified if deadly force is justified.

b

Supervisor may be liable for acts of subordinate, even where supervisor has no direct involvement, if the supervisor has failed to document and take corrective action for prior acts of misconduct. a. Davis v. Rennie b. Shaw v. Stroud c. Graham v. Connor d. Estate of Ceballos v Bridgewate

b

Supreme Court modified the fleeing felon rule in this case. Deadly force can't be used unless necessary to prevent the escape and the officer has cause to believe that the suspect poses a significant threat a. Garretty vs NJ b. Tennessee vs Garner c. Graham v. Connor d. Estate of Ceballos v Bridgewater

b

The good faith defense for an officer is _____ when following the written directives of the department. a. enhanced b. greatly enhanced c. slightly enhanced d. somewhat enhanced e. not enhanced

b

The most widely recognized duty of a law enforcement officer is that of avoiding ____ in accomplishing the police task. a. use of deadly force b. negligence c. reasonable standards of care d. liability

b

This appeal is valuable when dealing with people having a strong sense of right and wrong a. Ethical appeal. b. Rational appeal c. Practical appeal d. Personal Appeal

b

To determine if a peace officer used the appropriate amount of force to achieve a legitimate lawful objective, the court must determine if the force was a. specifically authorized in the penal code. b. necessary or reasonable. c. too aggressive or not aggressive enough. d. unlawful.

b

Under which of the following situations is an officer authorized under the law to use force, including deadly force, to prevent the escape of a person? a. A burglar is ordered to stop, he drops items he is carrying and runs from the officer. b. A person is escaping from a correctional facility. c. A person is committing theft during the daytime and runs from an officer who challenges the subject. d. You physically restrain a person who resisted arrest for the crime of robbery, he is placed in the patrol unit and then kicks out the rear window and attempts to escape from custody.

b

Use of physical force against a person who is in the presence of the police for custodial interrogation (who poses no threat to their safety or that of others and who does not otherwise initiate action that would indicate to a reasonably prudent peace officer that the use of force is justified) is a. justified if the detention could lead to an arrest. b. unconstitutional. c. constitutional if the officer informed the suspect of his or her "Miranda warning." d. justified under "retaliation" law. e. justified under "Talion Law."

b

Victims of police abuse and/or assault frequently file a suit against a police agency alleging that the governmental entity has liability because it a. authorized the abuse or assault. b. failed to train the officer in correct use of force. c. authorizes the use of deadly force in accordance with the penal code. d. is insensitive to the community's needs and desires.

b

What percent of a message is received due to the content? a. 3% b. 7% c. 33% d. 60%

b

When words and actions disagree, a. trust words, not action. b. trust action, not words. c. trust neither words nor actions. d. discuss the problem with the person exhibiting the behavior.

b

Whenever an offender escapes from custody, a. peace officers have a duty to retreat or desist from their efforts if the arrested person threatens resistance by force. b. peace officers may use reasonable force to effect the arrest or to prevent escape. c. peace officers should fire their handguns with intent to kill the suspect in order to prevent his or her escape. d. officers should fire a warning shot in the air to alert the offender that further attempt to escape may result in officers using handguns to stop the fleeing offender.

b

Which is not listed as a factor of Ethical Presence? a. An expression of self-control. b. Acting out of emotion c. Use words to state purpose, not to express personal feelings. d. Maintain professional attitude. e. Anything perceived as hasty, irrational, or unfair, makes an officer seem unethical.

b

A father finds his 16-year-old son on the porch of a known crack house. The father goes to the son and pulls him to the car while the son screams in protest. Is this excessive force? a. Yes—the 16-year-old has a right to go where he wants to be. b. Yes—if the father causes a bruise on the boy's arm. c. No—if the force used is to protect the welfare of the child. d. No—as long as the son forgives his father at a later time.

c

After a shooting incident, you should determine the physical condition of any injured person and render first aid when necessary. You summon necessary medical aid, notify the dispatcher, and a. return to routine duty until told to return to the scene. b. discuss the incident with all witnesses on the scene. c. surrender your duty weapon for examination as evidence. d. do not discuss the incident with anyone until debriefing by the chief of police or sheriff.

c

An area of increasing interest in recent history is under what circumstances police are allowed to use deadly force in order to arrest a fleeing felon. In the U.S. Supreme Court case _____, the Court announced that using deadly force to apprehend a suspect constitutes a seizure and is therefore protected under the Fourth Amendment. a. Mapp v. Ohio b. Miranda v. Illinois c. Tennessee v. Garner d. Gates v. Illinois e. Carroll v. U.S.

c

An arrest can be both _____ and physical problem for officer and arrestee. a. an intellectual b. a legal c. an emotional d. a prejudicial e. an uncertain

c

Deadly force is defined as that amount of force likely to cause death or a. bodily injury. b. pain and suffering. c. serious bodily injury. d. near-death experience.

c

For a peace officer, "reasonable belief" is defined as the belief of a. the chief of police or sheriff. b. your supervising officer. c. another peace officer acting in the same circumstances. d. a newspaper editor who covers the story for a news report.

c

If a person is immediately escaping after committing a property theft at nighttime, the use of deadly force is a. not justified. b. justified in all cases. c. justified if you honestly believe the property will never be recovered by any other means. d. justified if the value of the property exceeds $500.

c

In an incident where unreasonable force is used by an officer, the victim will generally file a law suit against the a. officer. b. department. c. officer and the department. d. chief administrator.

c

Officers who use excessive force in the performance of duty are subject to a. personal compensatory but not punitive civil tort action. b. personal criminal actions but no civil rights violation actions. c. personal compensatory, punitive civil, and criminal, as well as personal civil rights violations. d. only agency liability under the "master-servant rule."

c

Physical balance is the position that allows you the ability to move while maintaining balance, strength and ______________. a. awareness b. attitude c. advantage d. appropriate strategy

c

Shooting at a fleeing violent offender in a moving automobile is a. never authorized b. recommended if the felon is exceeding the speed limit at a high rate of speed considered to be dangerous to life c. generally not recommended because the accuracy and path of the bullet are unpredictable d. frequently a matter of officer discretion rather than departmental policy e. recommended if the officer is certain that the bullet will be able to follow a curving vehicle

c

Shooting at nonviolent fleeing felons is a. never authorized. b. authorized only if the person is escaping after committing a crime against property. c. limited to situations where the officer or an innocent third party is physically threatened. d. a matter of departmental policy and authorized only with specific supervisory permission in each case.

c

The right to use lawful force is outlined in the a. Occupations Code. b. Government Code. c. Penal Code. d. Code of Criminal Procedure.

c

This appeal is based on the beliefs and value system of the person. a. Ethical appeal. b. Rational appeal c. Practical appeal d. Personal Appeal

c

What level of force may be used to effect a lawful arrest? a. Minimum b. Any c. Necessary d. Required

c

What percentage of police contact involve verbal skills? a. 50 percent b. 66 percent c. 97 percent d. 75 percent e. 88 percent

c

Where an officer has probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm, either to the officer or to others, _____ may be used to prevent escape. a. limited force b. necessary force c. deadly force d. force

c

Which does not define the NOUN "force" a. Strength or energy brought to bear, cause of motion or change, active power; moral or mental strength; capacity to persuade or convince. b. Violence, compulsion, or constraint exerted upon person or thing. c. To do violence to. d. The quality of conveying impressions intensely in writing or speech.

c

Without a specific request to protect property, a person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if the actor is justified in using force or deadly force to protect one's own land and the third person whose land or property the actor seeks to protect is his or her a. next door neighbor. b. neighbor across the street. c. spouse. d. all of the above. e. none of the above.

c

_____ means under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court. a. Conduct b. Coercion c. Custody d. Official proceeding e. Omission

c

_____ of the time a message is received due to voice. a. 3% b. 7% c. 33% d. 60%

c

_________ is that degree of influence the officer must exert over a violator to take him or her safely into custody. a. Force b. Leadership c. Control d. Optional choice

c

a diabetic having an insulin reaction, was mistakenly believed to be involved in a robbery and intoxicated by Charlotte, North Carolina police officers. This person was arrested and thrown into a patrol car. The U.S. Supreme Court reversed the lower courts ruling directing that the inquiry must, under the 4th Amendment, be whether the officers' actions are objectively reasonable in light of the facts and circumstances confronting them at the time, without regard to their underlying intent or motivation. a. Garretty vs NJ b. Tennessee vs Garner c. Graham v. Connor d. Estate of Ceballos v Bridgewater

c

"Reasonable force" to effect arrest or prevent escape is a. authorized only with the supervisor's permission. b. permitted only if deadly force is permissible. c. generally not permitted unless harm is imminent. d. permissible to overcome resistance.

d

A "tort" litigation is adjudicated in a a. criminal trial. b. federal civil rights violation hearing. c. state civil rights violation hearing. d. civil court.

d

A criterion for assessing whether a person is acting professionally is the officer's ability to a. know when to move from words to force. b. effectively communicate with people outside the police profession. c. accurately assess a situation and define the problem. d. do all of the above.

d

A number of departments have adopted use-of-force continuum scales. Which of the following is a principal consideration in these scales? a. Ineffective control results when the level of force is less than the subject's level of resistance. b. Excessive control results when the level of force is unreasonably greater than the subject's level of resistance. c. The force used should be no more than a reasonable officer would use under the total circumstances of the situation. d. All of the above e. None of the above

d

A parent may use force, but not deadly force, against a child younger than age __ if the parent reasonably believes the force is necessary to discipline the child or safeguard or promote his or her welfare. a. 15 b. 16 c. 17 d. 18 e. 21

d

A police supervisory officer and/or a nonsupervisory officer has a/an __________ duty to intervene to stop an officer who is engaging in excessive force in his or her presence. a. mandatory b. regulatory c. ethical d. affirmative

d

According to the 5th Circuit Court appeals, this case on deadly force are clear; "an officer cannot use deadly force without an immediate threat to himself or others." (Penal Code 9.51) a. Garretty vs NJ b. Tennessee vs Garner c. Graham v. Connor d. Estate of Ceballos v Bridgewater

d

According to the Penal Code, the use of deadly force is not justified a. to protect against another's use or attempted use of unlawful deadly force. b. to prevent a person who is in the imminent commission of aggravated sexual assault. c. against another who is in the imminent commission of arson. d. against another who is fleeing immediately after committing the crime of arson.

d

An officer has _______ to retreat before using deadly force. a. a duty b. a responsibility c. a right d. no duty

d

An officer who uses excessive force may be subject to a. department liability. b. civil lawsuit. c. criminal charges. d. all of the above.

d

An officer who uses excessive force may face a. civil suit. b. criminal charges. c. department liability. d. all of the above. e. none of the above.

d

Deadly force is that force that is a. necessary to subdue an offender. b. never justified in the defense of property. c. justified if force is justified. d. intended or known to cause death or serious bodily injury.

d

During an administrative investigation regarding use of force, officers may be compelled to answer questions, participate in a line-up, or take a polygraph examination. If the officer is warned of the possible consequences of noncooperation, she may be disciplined. This information obtained under threat of dismissal is not admissible in a criminal trial under the court case a. Anderson v. Creighton. b. Harlow v. Fitzgerald. c. Osabutey v. Welch. d. Garrity v. New Jersey.

d

Federal civil rights complaints are investigated by the _______. a. CIA b. DEA c. DPS d. FBI

d

How much force may an officer take to prevent a threatened injury to him- or herself or another? a. Deadly force b. Minimum force c. Maximum force d. Force equal to the person's threat e. None of the above

d

In physical arrest, the police role is essentially defensive. "Defensive" means a. serving to protect. b. devoted to resisting. c. preventing aggression or attack. d. all of the above. e. none of the above.

d

In the line of duty, you fire your weapon at a person who is armed and in the imminent commission of robbery. One of your rounds kills the armed felon, however, a second round recklessly injures an innocent third person who was behind the subject. Which of the following is true? a. Officers have immunity from prosecution when they are acting in the line of duty. b. Officers can use a "good-faith defense" against criminal but not civil litigation. c. Officers can use a "good-faith defense" against civil but not criminal litigation. d. Officers have no defense in this situation and can face both criminal and civil litigation.

d

The Fourth Amendment to the Constitution limits the level of force that may be used to __ force. a. deadly b. necessary c. constructive d. reasonable e. required

d

This type of appeal works well with headstrong people who insist on getting their own way. a. Ethical appeal. b. Rational appeal c. Practical appeal d. Personal Appeal

d

To justify using force to arrest or search a suspect, you must a. reasonably believe the arrest or search is lawful. b. communicate your purpose to arrest or search. c. identify yourself as a peace officer unless your identity is already known or you are in uniform. d. all of the above. e. only a and b above.

d

When an officer arrives on the scene, his or her appearance should be considered as a. officer presence. b. official presence. c. police presence. d. professional presence.

d

Which is not listed as an Element of communication? a. Words, touch, body movement, message b. Content - actual message. c. Voice - verbal personality (how it is said). d. Written - Reprimands e. Non-verbals - raised eyebrows, posture, etc.

d

Which of the following is the most common condition found in law enforcement agency policy justifying the use of deadly force in a law enforcement situation? a. Shooting at fleeing felons b. Right to use deadly force to prevent theft of property c. Authorization of warning shots to threaten use of deadly force d. Defense of self or others when immediate threat to life exists

d

Which of the following is true regarding "warning shots"? a. Officers should fire a warning shot before using deadly force in protection of an innocent third person. b. Officers should fire a warning shot in the event a felon is escaping from custody. c. Warning shots are generally authorized whenever "reasonable force" is authorized. d. Warning shots are not generally authorized.

d

Which of the following persons has responsibility to intervene and stop an officer who uses or engages in excessive force? a. Any citizen b. District or county attorney c. Magistrate d. A fellow nonsupervisory officer on the scene e. The chief of police

d

Your "verbal personality" that results in gaining a person's co-operation results from a. words you use. b. tone of voice. c. the way you speak. d. all of the above. e. none of the above.

d

_____ of the time a message is received due to non-verbals (body language). a. 3% b. 7% c. 33% d. 60%

d

About what percentage of police contacts require physical force? a. 50 percent b. 10 percent c. 22 percent d. 9 percent e. 3 percent

e

Force that is intended by the actor and known to cause death or serious bodily injury is called ____ force. a. reasonable b. extreme c. unreasonable d. drastic e. deadly

e

Force that is intended by the actor or known to cause death or serious bodily injury is called ____ force. a. reasonable b. extreme c. unreasonable d. drastic e. deadly

e

In accordance with PC 1.07(42), "_____ means a belief that would be held by an ordinary and prudent man (i.e., person) in the same circumstances as the actor." a. Preponderance of evidence b. Probable cause c. Reasonable doubt d. Truthfulness e. Reasonable belief

e

In considering whether to use deadly force, an officer must consider a. the type of crime, immediacy of the threat, and suspect(s) involved. b. the threat to the lives of other people. c. the surrounding environment, background, buildings, and vehicles. d. agency policy, the officer's capabilities, and the suspect's capabilities. e. all of the above.

e

In which of the following circumstances would you be justified in firing your duty weapon? a. You fire a warning shot at a nonviolent fleeing felon. b. You shoot at a fleeing moving vehicle that is in the process of being stolen. c. You put an injured animal out of its misery at a local park where other people were present. d. You fire even though you don't have a clear target at a violent offender, because other officers are firing. e. In each of the preceding situations, the firing of the duty weapon was unnecessary considering the potential danger involved. f. You were justified in firing your duty weapon in all the above situations.

e

Reasonable or necessary force is a. strength or energy brought to bear, cause of motion or change, active power. b. the quality of conveying impressions intensely in writing or speech. c. to compel by physical, moral, or intellectual means. d. intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. e. the minimum amount of law aggression sufficient to achieve legitimate law enforcement objectives.

e

Tools used to redirect someone's behavior include a. listening. b. empathizing. c. avoiding questions. d. all of the above. e. only a and b above.

e

Which does not define the VERB "force": a. To do violence to. b. To compel by physical, moral, or intellectual means. c. To make or cause through natural or logical necessity. d. To achieve or win by strength in struggle or violence. e. All fo the above define the VERB "force"

e

Which of the following is not one of the conditions officers must consider when faced with the use of deadly force? a. The type of crime and suspect(s) involved b. The threat to the lives of innocent persons, both present and future c. The law and the peace officer's agency policy d. The threatening weapon's capabilities e. None of the above (each has a significant impact on an officer's decision to use deadly force)

e