Malcolm Rivera
Police officers are generally allowed to use reasonable force to take a person into custody. The determination of whether an officer's use of force was reasonable is decided by the courts on a case-by-case basis, taking into account the circumstances known to or reasonably believed by the officer at the time. This includes considering the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was actively resisting or attempting to evade arrest. Officers are entrusted with well-reasoned discretion in determining the appropriate use of force, and they are trained to use de-escalation techniques and exercise appropriate judgment in employing less-than-lethal and deadly force. When determining whether an arrest involved excessive force, the court may use a reasonable person standard, evaluating whether a reasonable person in the defendant's situation would have believed that the officer's use of force could have resulted in serious injuries or death.
| Characteristics | Values |
|---|---|
| Who decides what constitutes reasonable force during an arrest | Courts, judges, juries, police officers |
| Factors considered when deciding reasonable force | Severity of the crime, whether the suspect poses an immediate threat, whether the suspect is actively resisting or trying to evade arrest, the need to make split-second decisions in tense and rapidly evolving circumstances, the officer's need to protect themselves and others |
| Consequences of excessive force | Professional discipline, criminal charges, civil rights lawsuits, criminal charges such as assault, battery, manslaughter, or murder |
| State laws on resisting arrest | Depending on the state, resisting an unlawful arrest may or may not be a crime; some states require citizens to comply with an arrest even if they believe it is unlawful and allow them to challenge the arrest later |
| Department of Justice policy on use of force | Officers must be trained to recognise and intervene to prevent excessive force; officers must also be trained to request and/or render medical aid when needed |
| Use of firearms | Firearms may be discharged at a moving vehicle if a person in the vehicle is threatening with deadly force or if the vehicle is operated in a manner that threatens death or serious injury, and no other reasonable means of defence exist |
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What You'll Learn
What constitutes reasonable force?
The determination of what constitutes reasonable force during an arrest is a complex issue that involves legal, ethical, and practical considerations. While the specific definitions and guidelines may vary across different jurisdictions, there are some common themes and principles that underpin the concept of reasonable force.
Firstly, the use of force by law enforcement officers during an arrest is generally permitted under certain circumstances. The key principle is often referred to as "reasonableness," which requires a careful balancing of the nature of the intrusion on the suspect's liberty against the government's interest in maintaining public order and safety. This standard is derived from constitutional protections against unreasonable searches and seizures, with an arrest being classified as a form of seizure.
When assessing the reasonableness of the force used, courts and legal institutions will consider various factors, including the severity of the crime, 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. The evaluation also takes into account the perspective of a reasonable officer in similar circumstances, recognising that officers often have to make split-second decisions in tense and uncertain situations.
In recent years, there has been a heightened focus on restricting certain types of force that are deemed excessive or disproportionate. For example, following the death of George Floyd, many departments prohibited or restricted the use of chokeholds and carotid restraints, which are designed to restrict a suspect's breathing or blood circulation. Other types of force that are commonly prohibited or restricted include firing warning shots and shooting at or from a moving vehicle.
Ultimately, the determination of reasonable force is a nuanced and context-dependent process. Each case is evaluated individually, taking into account the specific circumstances surrounding the arrest. Officers are entrusted with well-reasoned discretion in determining the appropriate use of force, while also being held accountable through disciplinary actions, criminal charges, or civil rights lawsuits if their use of force is deemed excessive or unreasonable.
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What constitutes excessive force?
Police officers are generally allowed to use reasonable force to take a person into custody. However, when a police officer uses more force than is reasonable in a situation, the conduct amounts to excessive force.
The determination of whether an officer's use of force was reasonable is decided by courts on a case-by-case basis. This analysis focuses on how a reasonable officer would have reacted under similar circumstances, taking into account the officer's need to make split-second decisions and adjust to rapidly evolving circumstances in a tense and potentially dangerous environment.
The reasonableness standard comes from the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures. An arrest represents one type of "seizure". Generally, police officers can use the amount of force necessary to bring an arrest incident under control and protect the safety of the officers and others.
An officer's use of force is considered "excessive" if it is likely to result in unjustifiable, great bodily harm or death. Most states consider whether a “reasonable person" under the circumstances would have believed that the officer's use of force was likely to cause great physical harm.
Examples of excessive force include shooting at or hitting vandals with a baton, and the use of chokeholds or carotid restraints, which are maneuvers designed to restrict a suspect's breathing or blood circulation to incapacitate them. Other types of force that are commonly prohibited or restricted include firing warning shots and shooting at or from a moving vehicle.
Officers who are accused of excessive force may face professional discipline, criminal charges, or civil rights lawsuits.
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Who can use force?
Police officers are generally allowed to use reasonable force to take a person into custody. The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures, and an arrest represents one type of "seizure". Therefore, police officers can use the amount of force necessary to bring an arrest incident under control and protect the safety of the officers and others. The force must be proportional to the threat at hand. For example, if a shoplifting suspect resists an officer by momentarily attempting to run away or giving a token push, the officer wouldn't be justified in hitting the suspect with a baton. But that officer might be justified in grabbing their arm.
Courts decide whether an officer's use of force was reasonable on a case-by-case basis, taking into account factors such as how a reasonable officer would have reacted under similar circumstances, the severity of the crime, and whether the suspect posed an immediate threat to the safety of the officers or others. The U.S. Supreme Court has established that a police officer who has probable cause to believe a suspect poses a threat of serious harm to the officer or others may use deadly force to prevent escape (Tennessee v. Garner, 471 U.S. 1 (1985)).
Officers are entrusted with well-reasoned discretion in determining the appropriate use of force in each incident, as no policy can realistically predict every possible situation an officer might encounter in the field. They are expected to make split-second decisions and adjust to rapidly evolving circumstances in a tense and potentially dangerous environment. Officers are trained in the use of force and are expected to intervene to prevent or stop the use of excessive force by other officers.
Private citizens who are trying to make arrests are also allowed to use force, but their right to use force is much more limited than that of police officers. A private citizen is only allowed to use deadly force when trying to make an arrest if the suspect, in fact, committed a felony. If a private citizen uses deadly force and it turns out that the suspect did not commit a felony, the private citizen’s actions will not be justified, no matter how reasonable the belief. In contrast, a police officer's actions based on a reasonable belief will be vindicated even if those beliefs turn out to be wrong.
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When can force be used?
The use of force during an arrest is a contentious issue, with police officers generally allowed to use reasonable force to take a person into custody. The courts decide whether an officer's use of force was reasonable on a case-by-case basis, taking into account the circumstances and the officer's need to make split-second decisions in a potentially dangerous, rapidly evolving situation.
The reasonableness standard comes from the Fourth Amendment to the U.S. Constitution, prohibiting unreasonable searches and seizures, with an arrest considered a type of seizure. The use of force must be evaluated by considering:
- The severity of the crime: The more serious the crime, the more intrusive the force may be.
- The immediacy of the threat: The greater the threat to the officer or others, the greater the force that is reasonable.
- Whether the suspect is actively resisting or trying to evade arrest: If the suspect is attempting to escape, more force may be deemed reasonable.
Deadly force may be used when an officer has a reasonable belief that the suspect poses an imminent danger of death or serious injury to the officer or others. However, firearms may not be discharged solely to disable moving vehicles, and warning shots are generally prohibited outside of specific contexts, such as within prisons.
In some states, citizens do not have the right to resist an unlawful arrest by using force, and must comply with the arrest, even if they believe it to be unlawful. They can then challenge the arrest once in custody. However, in states where resisting an unlawful arrest is permitted, the use of force must be reasonable and necessary, responding only to the force used by the officer.
Officers are trained to use de-escalation techniques and to only use the minimum amount of force necessary to bring an incident under control, with the ultimate objective being to minimise injury to all parties involved.
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What happens when force is used?
When force is used during an arrest, the officer must report it to their supervisor, who will determine whether a separate report by witnesses is required. All details regarding the use of force must be included in the Offense/Arrest report, including the name of the supervisor notified and their statement. Each officer who used force must submit a separate supplemental report detailing their actions, the specific force used, the suspect's response, and how the suspect was eventually controlled.
The use of force is evaluated based on specific criteria, including the severity of the crime, 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. Officers are expected to make split-second decisions and adjust to rapidly evolving circumstances. The reasonableness standard comes from the Fourth Amendment to the U.S. Constitution, prohibiting unreasonable searches and seizures, with an arrest considered a type of "seizure."
Officers accused of excessive force may face professional discipline, criminal charges, or civil rights lawsuits, including charges of assault, battery, manslaughter, or murder. Some states have made it a felony for an officer to illegally use a chokehold or carotid restraint. Officers are trained to intervene to prevent excessive force and to provide medical aid when needed. They also receive training on de-escalation techniques, shooting situations, and the appropriate use of less-lethal and deadly force.
Deadly force is generally restricted to situations where the officer reasonably believes the suspect poses an imminent danger of death or serious harm to themselves or others. It is not to be used solely to prevent the escape of a fleeing suspect or to disable moving vehicles, except in specific circumstances.
Private citizens also have the right to use force when making an arrest, but their rights are more limited than those of police officers. They may use deadly force only if the suspect committed a felony, and their actions will not be justified if the suspect is later found innocent.
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Frequently asked questions
Ultimately, it is the courts that decide whether an officer's use of force was reasonable on a case-by-case basis. The court will consider whether a reasonable person in the defendant's situation would have believed that the officer's use of force would have resulted in serious injuries or death.
The reasonableness of force is determined by considering the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was actively resisting or trying to evade arrest. The greater the threat, the greater the force that is deemed reasonable.
Officers accused of using excessive force may face professional discipline, criminal charges, or civil rights lawsuits. Examples of criminal charges include assault, battery, manslaughter, or murder.
