What does assaultive (bodily harm) mean in perceived subject actions?

What does assaultive (bodily harm) mean in perceived subject actions?

• A. Officer attempts to gain lawful control are countered by active assault by the suspect, which would not reasonably result in death or serious bodily harm.
• B. Suspect poses imminent risk of death or serious bodily harm.
• C. The suspect is compliant and cooperative.
• D. The suspect shouts but makes no contact.

Answer: (B)

Assaultive (bodily harm) in perceived subject actions means the person’s actions are creating an imminent danger of death or serious bodily harm. In the moment, officers judge whether the suspect is about to cause severe injury, not whether harm has already occurred or merely involves words or non-contact behavior. The key is the immediacy of the threat: there must be a credible, near-term risk of serious harm depicted by the suspect’s actions. That’s why the description of an imminent risk of death or serious bodily harm fits best. Words, non-contact shouting, or a compliant stance don’t by themselves show an imminent threat of serious harm, whereas actions like lunging, swinging at someone, grabbing for a weapon, or any movement indicating the capability to inflict serious injury do. The officer’s assessment is based on what the suspect appears capable of doing in the near future, given the situation.

Assaultive (bodily harm) in perceived subject actions means the person’s actions are creating an imminent danger of death or serious bodily harm. In the moment, officers judge whether the suspect is about to cause severe injury, not whether harm has already occurred or merely involves words or non-contact behavior. The key is the immediacy of the threat: there must be a credible, near-term risk of serious harm depicted by the suspect’s actions.

That’s why the description of an imminent risk of death or serious bodily harm fits best. Words, non-contact shouting, or a compliant stance don’t by themselves show an imminent threat of serious harm, whereas actions like lunging, swinging at someone, grabbing for a weapon, or any movement indicating the capability to inflict serious injury do. The officer’s assessment is based on what the suspect appears capable of doing in the near future, given the situation.