Use of ForceQuestion 74 of 200
Penal Code §835 distinguishes 'force' from 'restraint.' The proper relationship is:
a.Force and restraint are synonyms
b.Restraint is the controlled physical limitation of a subject's movement during arrest, authorized as 'reasonable for the arrest and detention'; force is the means to achieve necessary restraint and must itself be reasonable in degree and duration
c.Force always requires a firearm
d.Restraint is always handcuffing and nothing else
Explanation
Section 835 sanctions 'such restraint as is reasonable for [the] arrest and detention.' Force is the dynamic action by which restraint is established and maintained; both must be reasonable and proportionate. The distinction matters because excessive force (battery) is possible even when restraint is otherwise authorized — gratuitous strikes during cuffing, for example. Options (a), (c), (d) collapse important distinctions and risk wrongly authorizing punitive force or wrongly excluding alternative restraints (e.g., physical hold, zip-tie restraint).
Law Reference: Cal. Penal Code §835Practice all 200 questions free — no signup required.
Related questions on this topic
- A guard encounters a person who appears to be in mental health crisis (disoriented, talking to unseen persons, no clear threat). The appropriate response is generally:
- Restraint techniques that compress the chest, neck, or place a subject prone with weight on their back for extended periods can cause positional asphyxia. Best practice and recent California training emphasize:
- Use of force on a minor, an elderly person, or a person with apparent disability requires:
- The so-called '21-foot rule' (Tueller drill) is best understood as:
- When confronted by multiple non-compliant subjects, the guard's force decision should consider:
- If a guard's excessive force violates a subject's civil rights, the principal civil-liability theories include:
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