GPSTC Test 3 Latest Update 2024-2025 Real Exam 140 Questions and 100% Verified Correct Answers Already Graded A+ Verified by Professor
16-3-20- Justification - CORRECT ANSWER: The fact that a person's conduct is
justified is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed:(1) When the person's conduct is justified under Code Section 16-3-21, 16-3-23, 16-3-24, 16-3-25, or 16-3-26;(2) When the person's conduct is in reasonable fulfillment of his duties as a government officer or employee;(3) When the person's conduct is the reasonable discipline of a minor by his parent or a person in loco parentis;(4) When the person's conduct is reasonable and is performed in the course of making a lawful arrest;
16-3-21 - CORRECT ANSWER: Use of force in defense of self or others
16-3-24.2: Immunity from prosecution, exception - CORRECT ANSWER: A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful
17-4-20 (b): Use of deadly force - CORRECT ANSWER: -states that Sheriffs and Peace Officers, who are employed or appointed and in conformity with the POST Act may use deadly force to apprehend a suspected felon when they reasonably believe that one or
more of three circumstances exist(s):
- the subject possesses a deadly weapon or similar device that likely will or has
- the subject poses an immediate threat of physical violence to the officer or others
- when there is PC to believe the suspected felon has committed a crime involving the
resulted in deadly bodily harm
infliction or threatened infliction of serious physical harm
Characteristics of a well written report - CORRECT ANSWER: Essentials (who, what, when, where, how, why, action taken) 1 / 3
Excessive Force - CORRECT ANSWER: force that is not objectively reasonable
Force must be... - CORRECT ANSWER: Objectively Reasonable
Graham Factors - CORRECT ANSWER: 1. The severity of the crime
- Whether the suspect poses an immediate threat to the safety of officers or others
- Whether he is actively resisting arrest or
- attempting to evade arrest by flight
Graham v. Connor (1989) - CORRECT ANSWER: -The Court ruled that
"reasonableness " concerning the use of force must be judged from the perspective of a reasonable officer on the scene and take in account of split second decision making in reference to the use of force.-Objectively Reasonable standard
How must the Graham factors be considered? - CORRECT ANSWER: Through the
perspective of the officer at the time the force was used and not through 20/20 hindsight.
Objectively Reasonable Force - CORRECT ANSWER: The amount of force appropriate
under the totality of the circumstances
Pre-Attack Indicators - CORRECT ANSWER: 1. Non-compliance with orders (most
common)
- Presence of a weapon
- Attempting to hide their hands
- Target Glance
- Clenching
- Abnormal eye contact
- Bladed/Fighting stance 2 / 3
- Flanking
- Abnormal breathing
- Posturing- puffing up chest
- Nervous movement
- Body grooming
Proactive Force - CORRECT ANSWER: When an officer proactively uses force to
prevent an attack or overcome resistance, there is generally less force used, there is less risk of injury to the officer and/or suspect, and more force used early equals less force used later.
Report Format - CORRECT ANSWER: Introduction (when and where), Investigation
(who, what, how, why, action taken), Interviews
Report Structure - CORRECT ANSWER: simply and factually with only one
interpretation and should not raise more questions than it answers
Scott v. Harris - CORRECT ANSWER: -applied the 4th amendment and used the
principles of Tennessee v. Garner in vehicle pursuits and the means of deadly force are unrestricted.
- suspect was paralyzed as a result of a terminated vehicle pursuit by the officer
Tennessee v. Garner - CORRECT ANSWER: - Deadly force may not be used against an
unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.
- The supreme court said that the use of deadly force constitutes a seizure
The Reasonable Officer - CORRECT ANSWER: the one, given the totality of
circumstances, would have acted in a similar manner or used similar judgment based on their training and experience
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