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Exam (elaborations)

GPSTC Test 3 Questions With Complete Solutions

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GPSTC Test 3 Questions With Complete Solutions What standard is commonly used for use of force? - 4th amendment - which applies to use of force against subjects who have not been convicted of any crime Tennessee v. Garner - Deadly force may not be used against an unarmed and fleeing suspect ...

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  • November 20, 2024
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GPSTC Test 3 Questions With Complete
Solutions

What standard is commonly used for use of force? - 4th amendment


- which applies to use of force against subjects who have not been convicted of any crime




Tennessee v. Garner - Deadly force may not be used against an unarmed and fleeing

suspect unless necessary to prevent the escape and unless the officer has probable cause to

believe that the suspect poses a significant threat of death or serious injury to the officers or

others.

- The supreme court said that the use of deadly force constitutes a seizure




How must the Graham factors be considered? Through the perspective of the officer at the

time the force was used and not through 20/20 hindsight.




The Reasonable Officer the one, given the totality of circumstances, would have acted in a

similar manner or used similar judgment based on their training and experience




Scott v. Harris -applied the 4th amendment and used the principles of Tennessee v. Garner

in vehicle pursuits and the means of deadly force are unrestricted.

- suspect was paralyzed as a result of a terminated vehicle pursuit by the officer

, GPSTC Test 3 Questions With Complete
Solutions

Objectively Reasonable Force The amount of force appropriate under the totality of the

circumstances




16-3-20- Justification The fact that a person's conduct is justified is a defense to

prosecution for any crime based on that conduct. The defense of justification can be claimed:(1)

When the person's conduct is justified under Code Section 16-3-21, 16-3-23, 16-3-24, 16-3-25,

or 16-3-26;(2) When the person's conduct is in reasonable fulfillment of his duties as a

government officer or employee;(3) When the person's conduct is the reasonable discipline of a

minor by his parent or a person in loco parentis;(4) When the person's conduct is reasonable and

is performed in the course of making a lawful arrest;




17-4-20 (b): Use of deadly force -states that Sheriffs and Peace Officers, who are

employed or appointed and in conformity with the POST Act may use deadly force to apprehend

a suspected felon when they reasonably believe that one or more of three circumstances exist(s):

1. the subject possesses a deadly weapon or similar device that likely will or has resulted in

deadly bodily harm

2. the subject poses an immediate threat of physical violence to the officer or others

3. when there is PC to believe the suspected felon has committed a crime involving the infliction

or threatened infliction of serious physical harm

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