Use of ForceQuestion 51 of 200
The U.S. Supreme Court in Graham v. Connor (1989) 490 U.S. 386 established that the constitutional reasonableness of force is judged from:
a.The subjective intent of the officer at the time
b.The perspective of a reasonable officer on the scene, without the benefit of 20/20 hindsight, considering the totality of the circumstances
c.The view of the suspect being subjected to force
d.An outcomes-based test focused on the injuries inflicted
Explanation
Graham v. Connor adopted the objective-reasonableness standard for Fourth Amendment seizure-by-force claims: courts judge force from the perspective of a reasonable officer on the scene, without 20/20 hindsight, considering all the facts and circumstances, including the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or attempting to flee. Subjective intent (a) is not the test; suspect perception (c) is not the standard; outcome-based liability (d) was rejected. Although Graham concerns peace officers, its reasonableness framework informs private-security civil standards.
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Related questions on this topic
- Penal Code §835a, as amended by AB 392 (2019), declares that the authority to use physical force is a 'serious responsibility' to be exercised:
- Under Penal Code §835a(c)(1), as amended by AB 392, deadly force by a peace officer is justified only when necessary in defense of human life — specifically when the officer reasonably believes, based on the totality of the circumstances, that deadly force is necessary to:
- Tennessee v. Garner (1985) 471 U.S. 1 held that deadly force against a fleeing felon is constitutionally permissible only when:
- Penal Code §835a(a)(2) (consistent with SB 230's training mandate) requires officers to:
- Penal Code §692 provides that lawful resistance to the commission of a public offense may be made by:
- Under Penal Code §693, resistance by the party about to be injured may be made:
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