DCJS - VA DCJS Law Enforcement Use of Force Principles Questions and Answers — Questions and Answers
Question 1: According to the U.S. Supreme Court case *Graham v. Connor*, the standard for analyzing excessive force claims is 'objective reasonableness'. From which perspective must the reasonableness of a particular use of force be judged?
- From the perspective of a reasonable officer on the scene at the time of the incident. (Correct answer)
- From the perspective of the court with the benefit of 20/20 hindsight.
- Based on the officer's subjective intent and motivations.
- Based on the suspect's perception of the threat.
Correct answer: From the perspective of a reasonable officer on the scene at the time of the incident.
The Supreme Court in *Graham v. Connor* established that the reasonableness of a use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The officer's underlying intent or motivation is not the primary factor; the key is whether the actions were 'objectively reasonable' in light of the facts and circumstances confronting them. [4, 5, 6]
Question 2: An officer responds to a burglary in progress. The suspect flees on foot and the officer gives chase. The suspect, who appears unarmed, trips and falls. The officer catches up while the suspect is still on the ground and not making any threatening movements. Which of the following actions is most appropriate for the officer to take next?
- Use a taser to ensure compliance before approaching.
- Immediately apply a vascular neck restraint to prevent further escape.
- Use only the amount of force necessary to discontinue resistance and effect the arrest, which may be verbal commands and handcuffing. (Correct answer)
- Apply a pain compliance technique to punish the suspect for fleeing.
Correct answer: Use only the amount of force necessary to discontinue resistance and effect the arrest, which may be verbal commands and handcuffing.
Virginia DCJS principles emphasize that force should be discontinued when resistance ceases or the incident is under control. [11] Since the suspect is on the ground and no longer resisting or posing an immediate threat, the officer should de-escalate and use the minimum force necessary to safely take the suspect into custody, likely starting with verbal commands and control techniques for handcuffing. [2]
Question 3: Under Virginia Code § 19.2-83.5, which of the following is NOT a required condition for a law enforcement officer to use deadly force?
- The officer has confirmed the suspect has a prior violent felony conviction. (Correct answer)
- The officer reasonably believes deadly force is immediately necessary to protect the officer or another from serious bodily injury or death.
- If feasible, the officer has provided a warning to the subject that deadly force will be used.
- The officer's actions are reasonable given the totality of the circumstances.
Correct answer: The officer has confirmed the suspect has a prior violent felony conviction.
Virginia Code § 19.2-83.5 explicitly states the conditions for using deadly force. These include the reasonable belief of an immediate threat of serious bodily injury or death, providing a warning if feasible, and the reasonableness of the actions under the totality of the circumstances. [3, 9] A suspect's prior criminal history is not a required precondition for the use of deadly force in an immediate threat situation.
Question 4: An officer is attempting to arrest a subject for disorderly conduct. The subject is verbally non-compliant but is not making any threatening gestures or physical movements. The officer's partner suddenly strikes the subject in the face. According to Virginia law and modern use of force principles, what is the observing officer's primary duty?
- Immediately report the partner's actions to a supervisor after the scene is secure.
- To intervene and stop the use of force if it is objectively unreasonable. (Correct answer)
- To assist the partner in subduing the subject by any means necessary.
- To ignore the action to show solidarity with the partner officer.
Correct answer: To intervene and stop the use of force if it is objectively unreasonable.
Virginia Code § 19.2-83.6 establishes a duty to intervene for law enforcement officers. If an officer observes another officer using force that is beyond what is objectively reasonable under the circumstances, they have a duty to intervene to end the excessive force, when it is safe to do so. [12] In this scenario, striking a non-threatening subject is likely unreasonable, requiring intervention.
Question 5: Which of the following best describes the core factors established in *Graham v. Connor* to be considered when determining the objective reasonableness of a use of force?
- The officer's years of experience, the time of day, and the location of the incident.
- The suspect's criminal history, age, and physical size.
- The severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or attempting to flee. (Correct answer)
- The presence of bystanders, whether the incident is being recorded, and the officer's personal feelings about the suspect.
Correct answer: The severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or attempting to flee.
The Supreme Court in *Graham v. Connor* outlined a non-exhaustive list of factors to assess reasonableness: (1) the severity of the crime at issue, (2) whether the suspect poses an immediate threat to the safety of the officers or others, and (3) whether the suspect is actively resisting arrest or attempting to evade arrest by flight. [4]
Question 6: A Virginia law enforcement officer is pursuing a vehicle that has fled from a traffic stop for a misdemeanor offense. The driver is driving recklessly but has not yet caused any injury. According to Virginia law, when is the officer justified in discharging a firearm at the moving vehicle?
- When the driver's reckless driving endangers property.
- As soon as the vehicle's speed exceeds the posted limit by 30 MPH.
- Only when it is immediately necessary to protect the officer or another person from death or serious bodily injury. (Correct answer)
- Never, as shooting at a moving vehicle is strictly prohibited without exception.
Correct answer: Only when it is immediately necessary to protect the officer or another person from death or serious bodily injury.
Virginia Code § 19.2-83.4 (B) explicitly prohibits the willful discharge of a firearm by a law-enforcement officer into or at a moving vehicle unless the discharge is immediately necessary to protect the officer or another person from death or serious bodily injury. [3] Fleeing from a misdemeanor or driving recklessly alone does not automatically meet this high standard.
DCJS - VA DCJS Law Enforcement Use of Force Principles Questions and Answers
According to the U.S.
Supreme Court case *Graham v.
Connor*, the standard for analyzing excessive force claims is 'objective reasonableness'.
From which perspective must the reasonableness of a particular use of force be judged?