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
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.Officer conduct before force is legally irrelevant
d.Only the suspect's conduct matters
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 §835aPractice all 200 questions free — no signup required.
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