Use of Force

1. Use of Force • Self-Defense • Defense of Others • Good Samaritan Laws

2. Deadly Force Force which reasonably can be expected to cause DEATH or SERIOUS BODILY INJURY

3. Force CANNOT Be Used: • When not immediately necessary • When the level is unreasonable • Against lawful acts

4. Force CANNOT Be Used: • Based on fear of future harm • For retaliation/punishment

5. Use of Force • Act must be UNLAWFUL • Force must be NECESSARY • Level of force must be REASONABLE

6. What is “Reasonable”? Courts consider: • Size • Age • Gender • Unlawful Act • Weapon • Circumstances

7. Use of Force Is there a duty to retreat?

8. Loss of Self-Defense Privilege If you start it, generally, you can’t claim self-defense.

9. Defense of Dwellings “A man’s home is his castle.” Generally, there is no duty to retreat.

10. Defense of Dwellings Presumption that a homeowner has a reasonable fear of imminent peril or death

11. Defense of Property: Historically • On the frontier, many items were necessary for survival • Loss of high-value items could be devastating • Law enforcement officers were seldom readily available

12. Defense of Property: Today • Most items can be quickly replaced • Many high-value items are insured • Law enforcement readily available

13. Defense of Property: Today • You Can’t shoot somebody for taking your “stuff”! • No Booby Traps

14. Defense of Property A possessor of land cannot do indirectly and by a mechanical device that which, were he present, he could not do immediately and in person. - Restatement of Torts, Section 85, p. 180

16. Police Use of Force • Detention • Arrest • Search • Overcome Resistance • Prevent Escape or Re-Capture • Protection

17. U.S. Constitution5th Amendment “No person shall… be deprived of life, liberty, or property, without due process of law.”

18. Key Decisions Tennessee v. Garner, 471 U.S. 1 (1985) Graham v. Conner, 109 S.Ct. 1865 (1989)

19. U.S. Constitution4th Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,…”

20. Use of Force?Defensive Tactics?Force Response?

21. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

22. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

23. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

24. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

25. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

26. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

27. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

28. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

29. Force Response • Presence • Dialogue • Escort Techniques • Pain Compliance • Striking Techniques • Impact Weapon • Deadly Force

30. Deadly Force Force which reasonably can be expected to cause DEATH or SERIOUS BODILY INJURY

31. Police Use of Deadly Force Intent is to STOP, not KILL! Officer must reasonably believe the suspect poses an imminent threat of death or serious bodily injury to the officer or others. - Tennessee v. Garner, 471 U.S. 1 (1985) - TCA 39-11-620