Use of Force and Defensive Tactics
What the exam tests
Use of Force and Defensive Tactics tests constitutional standards, ND statutory justification, de-escalation, and reporting. Expect scenario questions where the force is lawful but poorly explained, or unlawful because the facts do not support it.
Core rules
- Graham v. Connor: force is judged by objective reasonableness from the perspective of a reasonable officer on the scene, considering the severity of the crime, immediate threat, and active resistance or flight.
- Tennessee v. Garner: deadly force to prevent escape is unreasonable unless the officer has probable cause that the suspect poses a significant threat of death or serious physical injury.
- NDCC 12.1-05-07 authorizes force in making an arrest when the officer reasonably believes it necessary, but deadly force only in narrower circumstances, such as a felony involving a threat of serious bodily injury or escape by such a suspect.
- NDCC 12.1-05-03 justifies defense of self or others, including deadly force to prevent death or serious bodily injury or a forcible felony.
- De-escalation uses time, distance, cover, communication, and team tactics. It is not a duty to retreat; it is a duty to look for safer options before force.
- Report force factually: what you perceived, what you did, and the medical response.
Worked example
A man advances with a baseball bat, ignoring commands, 15 feet away. The officer has cover, a clear backdrop, and a partner. The officer draws but does not fire; the partner uses a less-lethal option when the man closes to 8 feet. The man drops the bat. The force is defensible because the threat was imminent, the officers used a coordinated response, and the force stopped when the threat ended. If the man had been 40 feet away and fleeing, deadly force would not be justified under Garner.
Traps
- Using least amount of force as the legal test; Graham asks for objective reasonableness, not the minimum.
- Using shoot-to-wound language; officers shoot to stop the threat.
- Failing to document de-escalation attempts and the threat's immediacy.
- Treating a verbal warning as always required, even when it would increase danger.