Use of ForceQuestion 88 of 200

California's 'officer-created jeopardy' (or 'pre-shooting tactical') doctrine — recognized in Hayes v. County of San Diego (2013) 57 Cal.4th 622 — provides that:

a.An officer who creates the danger has additional license to use force, because the emergency he brought about is still an emergency he then has to resolve
b.An officer's pre-force tactical conduct is part of the totality-of-circumstances analysis — tactical decisions that needlessly create or escalate a dangerous situation can weigh against the reasonableness of subsequent force
c.The officer's conduct before force was used is legally irrelevant, since the court examines only the final frame in which the decision to use force was actually made
d.Only the suspect's conduct matters to the reasonableness question, because the officer is entitled to respond to what is in front of him at that moment and to nothing else

Explanation

Hayes v. County of San Diego (2013) 57 Cal.4th 622 expressly rejected the federal 'final frame' approach for California negligence claims and held that an officer's pre-shooting tactical decisions are part of the totality of circumstances bearing on reasonableness. Aggressive tactics that needlessly create or escalate jeopardy can weigh against the reasonableness of subsequent force. The principle informs private-security practice — guards who needlessly escalate may find force decisions scrutinized in light of pre-force conduct. Options (a), (c), (d) misstate the rule.

Law Reference: Hayes v. County of San Diego (2013) 57 Cal.4th 622; Cal. Penal Code §835a

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