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Use of Force Options

Legal Authority for Use of Force Penal Code Chapter 9, and CCP Chapter 2
Level of Force must be Reasonable and Necessary
Constructive Custody Maintaining control of a person through means other than physical force, ie coercion, threats, etc
Deadly force Force that causes, or is able to cause serious bodily injury/death
Force defined Power dynamically considered, that is, in motion or in action. Strength directed to an end
Justification of use of force does not prevent . . . civil lawsuits
A person in protection of self, personal property has. . . no duty to retreat
In order to use deadly force it must be Immediately necessary Desirability of avoiding harm outweighs the harm There is no law excluding the justification
Force can be used in protection of . . . Self and own property Others and (if requested) their property
You can not use force to defend yourself if . . . You provoked the force and didn't withdraw from the conflict
Devices used to protect property can not . . . Cause SBI or Death, must be non-lethal, dogs are OK
Custody is when person is under arrest by a peace officer
Created by: DSO Academy