Case Law & Resources: Idaho
Citation
Issue Presented & Facts
931 P.2d 641 (Idaho 1997)
In part, whether there was a genuine issue of material fact about the amount of force the officers used.
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Kessler, a reserve deputy, was shot and killed by the Idaho state police crisis response team (CRT) when they tried to arrest him for sexually assaulting his daughter. Kessler aimed his gun, but never fired it. None of the CRT officers announced that they were intending to shoot.
Holding
There was a genuine issue of material fact. Summary judgment was overturned on this issue.
Case Law
Resources
Citation
Summary and Notes
Police should de-escalate when possible.
Relevant Excerpt
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Officers will receive de-escalation training.
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Officers should give a warning before using deadly force. There are other policies for warnings before using non-deadly force as well.
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Police will de-escalate when possible; a warning prior to the use of force is an example of de-escalation.
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Idaho POST Use of Force Training (Feb. 2020)
Reference to Slide 122 says that warnings need to be given when reasonable, but doesn't cite to a state law; slide 189 mentions de-escalation as an option, but not a requirement.
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