Which Graham factor is not a factor to consider?

Which Graham factor is not a factor to consider?

• A. Severity of crime
• B. Weather conditions
• C. Immediate threat to safety
• D. Active resistance

Answer: (B)

In evaluating use-of-force decisions, the test looks at whether the officer’s actions were objectively reasonable from the perspective at the moment the force was used. The factors courts weigh are three: how severe the crime under investigation is, whether the suspect posed an immediate threat to the safety of officers or others, and whether the suspect was actively resisting or attempting to evade arrest. Weather conditions are not part of this analysis; they might affect safety in a general sense, but they do not factor into the Graham reasonableness assessment. So the element that does not fit the Graham framework is weather conditions. The other three elements—crime severity, immediate threat, and active resistance—are the ones that determine reasonableness.

In evaluating use-of-force decisions, the test looks at whether the officer’s actions were objectively reasonable from the perspective at the moment the force was used. The factors courts weigh are three: how severe the crime under investigation is, whether the suspect posed an immediate threat to the safety of officers or others, and whether the suspect was actively resisting or attempting to evade arrest. Weather conditions are not part of this analysis; they might affect safety in a general sense, but they do not factor into the Graham reasonableness assessment. So the element that does not fit the Graham framework is weather conditions. The other three elements—crime severity, immediate threat, and active resistance—are the ones that determine reasonableness.