MPOETC - Municipal Police Officers Education and Training Commission Use of Force Procedures Questions and Answers — Questions and Answers
Question 1: According to the U.S. Supreme Court case Graham v. Connor, the reasonableness of a particular use of force by an officer must be judged from the perspective of a:
- Jury, with the benefit of hindsight and expert testimony.
- Reasonable officer on the scene at the time of the incident. (Correct answer)
- Senior supervising officer who reviews the incident report.
- Civilian review board after a thorough investigation.
Correct answer: Reasonable officer on the scene at the time of the incident.
The landmark case Graham v. Connor established the 'objective reasonableness' standard. This standard requires that an officer's use of force be evaluated based on the totality of the circumstances as known to the officer at that moment, without regard to 20/20 hindsight.
Question 2: An officer responds to a burglary in progress. The suspect flees on foot and is unarmed. According to Tennessee v. Garner, when would the use of deadly force to prevent escape be constitutionally permissible?
- Anytime a suspect is fleeing from a felony crime.
- Only if the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. (Correct answer)
- If the suspect ignores a verbal command to halt.
- After the officer has exhausted all other non-lethal means to capture the suspect.
Correct answer: Only if the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.
Tennessee v. Garner established that deadly force may not be used to prevent the escape of a fleeing suspect unless it is necessary to prevent the escape AND the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.
Question 3: Which of the following is NOT one of the three primary factors established in Graham v. Connor to determine the objective reasonableness of a use of force incident?
- The severity of the crime at issue.
- The officer's previous use of force history. (Correct answer)
- Whether the suspect posed an immediate threat to the safety of the officers or others.
- Whether the suspect was actively resisting arrest or attempting to evade arrest by flight.
Correct answer: The officer's previous use of force history.
Graham v. Connor outlines three key factors for assessing reasonableness: the severity of the crime, the immediate threat posed by the suspect, and whether the suspect is actively resisting or attempting to flee. An officer's personal history is not part of the 'objective reasonableness' calculation for a specific incident.
Question 4: An officer is attempting to arrest a subject for disorderly conduct. The subject is verbally non-compliant but is not making any physical threats. The officer immediately deploys their TASER. This action would most likely be considered:
- A justified use of force as the subject was non-compliant.
- An appropriate de-escalation technique.
- Excessive, as the level of force was not proportional to the subject's level of resistance. (Correct answer)
- Permissible, because a TASER is a less-lethal option.
Correct answer: Excessive, as the level of force was not proportional to the subject's level of resistance.
Use of force must be proportional to the threat and resistance offered by the subject. Using an electronic control weapon on a subject who is only verbally non-compliant and not posing a physical threat is likely to be deemed excessive. MPOETC training emphasizes de-escalation and using the appropriate level of force for the situation.
Question 5: Under Pennsylvania law and MPOETC guidelines, what is an officer's primary justification for the use of any force?
- To punish a suspect for non-compliance.
- To gain compliance and establish control of a situation. (Correct answer)
- To assert authority and deter future criminal acts.
- To respond to any sign of disrespect from a citizen.
Correct answer: To gain compliance and establish control of a situation.
The fundamental purpose of using force in law enforcement is to control a situation, effect a lawful arrest, and overcome resistance to ensure safety for the officer, the public, and the subject. Force is a tool for control, not punishment.
Question 6: An officer observes a subject known to have a history of violent crime walking down the street. The subject has not committed any observable offense. The officer's decision to use force in this situation must be based on:
- The subject's criminal history alone.
- A generalized fear for officer safety.
- The subject's articulable actions at that specific moment creating a reasonable threat. (Correct answer)
- A desire to conduct a preemptive 'stop and frisk' based on reputation.
Correct answer: The subject's articulable actions at that specific moment creating a reasonable threat.
The 'objective reasonableness' standard requires that the use of force be based on the totality of the circumstances at the moment force is used. While a subject's known history can be a factor in the officer's assessment of the threat, it cannot be the sole justification. The subject must take some action that a reasonable officer would perceive as a threat.
According to the U.S.
Supreme Court case Graham v.
Connor, the reasonableness of a particular use of force by an officer must be judged from the perspective of a: