Use of ForceQuestion 79 of 200
'Imminent' threat under §835a(c)(1) means:
a.Any future threat the suspect might pose, even hours away
b.A present, imminent risk based on the totality of the circumstances — the threat must be immediate; speculation about future harm is insufficient
c.Any threat the suspect verbally expresses
d.Any threat reported by a third party
Explanation
Penal Code §835a(c)(1) restricts deadly force to defense against an imminent threat of death or serious bodily injury. 'Imminent' was sharpened by AB 392's amendment: it means present and immediate, judged by totality of circumstances. Future, speculative, or contingent harms do not satisfy the standard. The principle aligns with foundational self-defense doctrine (CALCRIM 505): defensive force is justified by a present danger, not anticipatory or punitive concerns. Options (a), (c), (d) wrongly stretch 'imminent' beyond its statutory meaning.
Law Reference: Cal. Penal Code §835a(c)(1); People v. Mehserle (2011) — analogous principlesPractice all 200 questions free — no signup required.
Related questions on this topic
- 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:
- If excessive force or improper restraint causes death, the guard's potential criminal exposure can include:
- California self-defense law (PC §692-§694; CALCRIM 505) requires force be:
- Time, distance, and cover are critical de-escalation tools because they:
- A guard's 'fear' alone — without articulable facts indicating an imminent threat — is:
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