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Chapter One:
What is Use of Force?
Each state has its own specific phraseology when defining the amount of force
an officer may employ in an arrest situation. The basic wording follows the same
philosophical premise, that being; "An officer may use a reasonable amount
of force necessary to make an arrest." In general terms, a reasonable
amount of force is considered to be the minimum needed for self-defense and only
to effect a lawful arrest. The decision to use or escalate force is contingent
upon several important factors. Some of these include the following.
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The type of arrest being made.
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The degree of resistance being offered.
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What weapons are involved, if any.
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The size of the person being arrested.
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The size of the officer making the arrest.
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The number of persons involved in the incident.
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The availability of back-up officers.
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The feasibility of alternative actions by the arresting officer.
The inherent difficulty with the question of force is the fact that though
DEADLY FORCE issues are fairly clear, an officer can use deadly force to
"protect his/her life or the life of another person against threats of
serious bodily harm or death." The laws are not as clear when
less-than-deadly force is acceptable to make an arrest, and this is the very
area that gives law enforcement officers the most problems. This also leaves you
in a precarious position. As a street officer, you are never quite sure just how
much force is going to be required because each situation presents its own new
and completely different set of circumstances. Though there is no way to
completely insulate yourself from allegations of excessive force or wrongdoing,
there are precautions you can take to lessen the chance of being accused of
excessive use of force or wrongdoing including:
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Be familiar with your department's policy on the use of force, as well as
appropriate federal and state statutes dealing with the use of force. One
example of federal statute you should be aware of is the Civil Rights Act of
1871 (Title 42 U.S.C. Section 1983). This statute is commonly used by a person
alleging a violation of their civil rights by a police officer via excessive use
of force during an arrest.
"Every person who, under color of law or any statute, ordinance,
regulation, custom or usage, of any state or territory, subjects, or causes to
be subjected, any citizen of the United States or any other person within the
jurisdiction thereof to the deprivation of any rights, privileges or
immunities secured by the constitution and laws, shall be liable to the party
injured in an action at law, suit in equity or other proper proceedings for
redress."
This statute, along with other companion federal statutes, guarantees our
civil rights against excess or abuse from public officials. What constitutes a
violation? The court has stated conduct that shocks the conscience of a
reasonable and prudent man. Examples of conduct that "shocks the
conscience" can be found in a number of court decisions, but its precise
meaning is not always clear or constant. However, it is important to mention in
any use of force discussion.
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Your report must justify the "need" to use force to control or
restrain a person who is breaking the law or resisting a lawful arrest. Simply,
you should use progressively stronger techniques to bring about compliance and
stop when you have gained and can maintain control over the person being
arrested. This approach gives a person ample opportunity to comply before being
subjected to stronger control techniques or the possibility of being injured.
Your report should answer the following questions:
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The need for application of force: Was there sufficient reason to use
force?
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The relationship between the amount of force used and what type of force
was actually required.
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The extent of the injury inflicted by you, the arresting officer, on the
person being arrested.
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The behavior of the person at the time of the arrest.
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The actions of third parties present during the incident.
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The physical odds against you, the officer. This includes size differences
as well as the number of individuals involved.
Physical confrontations often happen very quickly on the street, as you know,
but this does not justify using force in an excessive, unnecessary or malicious
manner. Whenever harm is caused by negligence or the use of excessive force, you
may be held liable or your liability may be shared by your department and other
officers. Such liability has far reaching consequences that may include criminal
and/or tort (civil) action against you. Therefore, you should use force only
when warranted and solely as a means to control or restrain a person who is
breaking the law or resisting a lawful arrest. Your use of force should conform
to your department's policy on the use of force, as well as with federal and
state statutes.
The Question Of Self-Defense
Society recognizes, through various laws, your need as a police officer, to
defend yourself in situations which can cause you great bodily harm or death.
Such laws authorize you to use whatever reasonable force may be necessary,
including deadly force, in order to protect yourself or another from threats of
violence. However, you should be aware, that even though you act correctly while
in the process of protecting yourself, you can still be held liable for your
actions. Therefore, it is important for you to know the statutes and ordinances
in your area, as they relate to the level of force used, whether using unarmed
defensive tactics or a police baton. The question asked will be "Was the
minimum amount of force used based on the degree of resistance offered to the
arrest?" This is not always an easy task, but it is a responsibility all
police officers gain when they are sworn in. One of the ways to avoid future
legal problems is through competent, documented training such as Monadnock's
many training certification programs. It is also important to reaffirm your
competency as a police officer, especially in the area of self defense, through
periodic and documented training or testing. It is just as important to be
trained in courtroom survival tactics as in officer survival tactics, especially
in today's society.
Back to the Use of
Force Index
The information, pictures,
and graphics on the MEB program presented on this site are the sole
property of the Monadnock Police Training Council, Inc., and
used with permission.
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