Use of Force Law

• Excessive force claims are analyzed under the 4th Amendment’s “objective reasonableness” standard.
• Officers can, consistent with the Constitution, use force or the threat of force to make arrests or stops.
• The concept of reasonableness cannot be precisely defined or mechanically applied.
• Determining whether a use of force is “reasonable” requires careful attention to the facts and circumstances of each case, including:
  • the severity of the crime;
  • whether the suspect poses an immediate threat to the safety of the officers or others; and
  • whether the suspect is actively resisting arrest or trying to evade arrest by fleeing.
• Reasonableness must be judged from the perspective of a reasonable officer on the scene, without the benefit of 20/20 hindsight.
• Reasonableness must allow for the fact that officers are forced to make split-second decisions in tense, uncertain and rapidly evolving circumstances.
•  (see Graham v. Connor, 490 U.S. 386 (1989))

Use of Force Policy

You should learn and understand both Graham and your agency’s use of force policies. While many policies use an “objective reasonableness” standard, some policies mention “necessary” or “minimum” which are different and may be more restrictive.

Use of Force – Additional Expectations

Communities, agencies and courts may examine all of the circumstances leading up to a use of force and may have additional expectations.

FORCING THE CONFRONTATION. You should be prepared to explain: all of your actions and tactics leading up to the use of force; why you used any techniques or tactics that deviated from training; why you left or failed to use a position of relative safety; and why you did not wait for additional resources.

LESSER OPTIONS. You should be prepared to explain why lesser force options were not used.

NECESSARY ACTION. You should be prepared to explain why it was necessary to take the particular action at the time; and why it was not reasonable to disengage and attempt to locate the suspect later.

This should not be construed as advice for any specific situation. Please call for specific legal advice based on the unique facts of your situation.

---