Use of Force and Defensive Tactics
This domain tests the constitutional standard, the Penal Law justification limits, and the agency policy layer that sits on top of both, plus how force is documented afterward.
The governing standard
- Graham v. Connor: objective reasonableness judged from the perspective of a reasonable officer on scene, without the 20/20 vision of hindsight. Core factors are the severity of the crime, the immediate threat to officers or others, and whether the subject is actively resisting or attempting to evade arrest by flight.
- Tennessee v. Garner: deadly force to prevent escape is permitted only where the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury; a warning must be given where feasible.
- Penal Law § 10.00(11): deadly physical force is force readily capable of causing death or serious physical injury.
- Penal Law § 35.30(1): deadly force in effecting an arrest or preventing escape only where the crime was a felony involving use or threatened imminent use of force against a person, or kidnapping, arson, escape first degree, burglary first degree or an attempt, or the subject is armed and resisting, or to defend against deadly physical force.
The policy layer
- Force must be necessary and proportional; de-escalate first when feasible; chokeholds are prohibited; officers have a duty to intervene in and report excessive force; render aid and arrange medical evaluation after any force causing injury or complaint of injury.
- Conducted energy weapons, OC spray and batons each carry target-area rules, contraindicated subjects, and required aftercare.
- Do not fire at a moving vehicle unless deadly force is being used against you by means other than the vehicle; move out of its path instead.
- After prone control, relieve pressure from the back and chest, place the subject in a recovery position, and monitor breathing for positional asphyxia.
Worked example
A man holding a knife stands alone in a room, yelling, not advancing. Containment, time, distance and a crisis-trained communicator are the answer; deadly force is not justified. If he turns and advances on a family member, deadly force is authorized under § 35.30(1)(c) as defense of another.
Traps
Judging force with hindsight; treating any fleeing felon as a lawful target; using force against a person who is a danger only to themselves; omitting the feasibility analysis from your report.