Which of the following factors is NOT one of the Graham factors?

The Graham factors, established in the case of Graham v. Connor, serve as a framework for evaluating whether a law enforcement officer’s use of force was reasonable under the Fourth Amendment. The correct answer focuses on the inclusion of factors that directly relate to the nature of the encounter between law enforcement and an individual.

The severity of the crime is a critical component as it assesses the potential threat level posed by the suspect's actions. The immediate threat to safety evaluates the risk that an individual poses to officers or others at the time of the encounter, which is essential in determining the appropriateness of the use of force. Active resistance or flight is also a relevant factor since it addresses how a suspect is responding to law enforcement, impacting the necessity and level of force employed.

The time of day the crime occurred, while it may provide context regarding visibility or potential risks, is not one of the core Graham factors. It does not directly influence the immediate assessment of the situation as it relates to the perceived threat or the severity of the suspect's actions at the moment of intervention. Thus, this option stands out as not being integral to the Graham factors that guide the assessment of force used by officers.