Use of Force by Police
Lt. Adam R. Austino
Vineland Police Department
• When
can police use force?
• What
level of force may police use?
• How
do we determine when force is
excessive?
Use of Force
To Be Discussed
The Fourth Amendment
searches and seizures must be
reasonable
Use of Force
• All
Use of Force
• Use
of force by police is a form of seizure
under the Fourth Amendment
all police use of force must be
reasonable
Use of Force
• Therefore
Use of Force
• There
are many misunderstandings about
police use of force
analysis of each incident is based on
reasonableness
• Would
a reasonable officer in similar
circumstances have done the same thing?
Use of Force
• The
Use of Force
• There
is no precise prescription for the use
of force
exact “if…then” scenarios
Use of Force
• No
Use of Force
levels of police use of force
 Constructive authority
 Physical contact
 Physical force
 Mechanical force
 Enhanced mechanical force
 Deadly force
Use of Force
• The
• Not
involving actual physical contact
• Use
of officer’s authority to exert control over a subject
Use of Force
Constructive Authority
Constructive Authority
verbal commands, gestures,
warnings, unholstering weapon, pointing
weapon at a subject
Use of Force
• Examples:
Physical Contact
or procedural contact with subject necessary to
effectively accomplish a law enforcement objective
Use of Force
• Routine
Physical Contact
guiding subject into vehicle, holding subject’s
arm while transporting, handcuffing, maneuvering or
securing subject for a frisk
Use of Force
• Examples:
Physical Force
• Contact
with subject beyond what is generally used to effect
an arrest or other objective
when necessary to overcome subject’s physical
resistance or to protect persons or property
Use of Force
• Employed
Physical Force
• Examples:
wrestling, wrist or arm locks, striking
with hands or feet
holding a subject down or forcing their
arms into handcuffing position
Use of Force
• Includes
Mechanical Force
of some device or substance, other
than a firearm to overcome subject’s
resistance
Use of Force
• Use
Mechanical Force
Examples: use of baton or other object, canine physical contact with a
subject, chemical spraying
Use of Force
•
Deadly Force
• Force
used with the purpose of causing, or which officer
knows to create, a substantial risk (recklessness) of
causing death or serious bodily harm
firing at or in direction of another person,
vehicle, building or structure in which another person is
believed to be
Use of Force
• Purposely
Not Deadly Force
• The
production of a weapon to create an impression
that deadly force will be used if necessary does not
constitute deadly force
is constructive authority
Use of Force
• It
•
Is the cornerstone for appropriate use of force
•
Officers are often forced to make split-second decisions
•
Circumstances may be tense, unpredictable, rapidly evolving
Use of Force
Reasonable Belief
•
Verbal resistance?
•
Passive physical resistance?
•
Active physical resistance?
•
Armed resistance?
Use of Force
What is Reasonable?
Officer’s Action
• Depends
on totality of the circumstances
officer may utilize a reasonable force
option to accomplish the law enforcement
objective
Use of Force
• An
What To Do?
Officer Action
Constructive
Authority
Deadly
Physical
Contact
Mechanical
Physical
Force
Use of Force
Totality of the circumstances
•
An officer may increase or decrease use of force to
accomplish a law enforcement objective
•
Not required to desist because suspect resists
•
But once suspect submits, the officer must stop using
force
Use of Force
Escalation - De-Escalation
Use of Non-deadly Force
•
Overcome resistance; or
•
Protect officer or third party from unlawful force; or
•
Protect property; or
•
Effect other lawful objectives
Use of Force
An officer may use physical or mechanical force when the officer has
reasonable belief it is immediately necessary to:
Use of Deadly Force
Officer may use deadly force when:
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The officer reasonably believes it is immediately
necessary to protect the officer or another person from
imminent threat of death or serious bodily harm
Restrictions on Use of Deadly Force
• An
officer is under no obligation to retreat or
desist when resistance is encountered or
threatened, however…
officer shall not resort to the use of deadly
force if the officer reasonably believes that an
alternative is available
Use of Force
• An
Is There An Alternative?
An alternative to the use of deadly force will:
or eliminate imminent danger of death or
serious bodily harm, and
• Achieve
the law enforcement purpose at no
increased risk to officer or another person
Use of Force
• Avert
Factors to Consider
• Officer
not required to do anything which
will increase the danger to the officer or
anyone else
include: taking cover, use of
voice commands
Use of Force
• Alternatives
Enhanced Mechanical Force
Lethal Projectiles
• Conducted
Energy Devices
Use of Force
• Less
Enhanced Mechanical
Enhanced Mechanical requires under most circumstances:
 It be reasonably necessary to prevent death or serious bodily
injury
 Immediately necessary
 Imminent danger
Use of Force
Deadly Force requires:
Shooting at or from
Moving Vehicle
•
There exists an imminent threat of death or serious bodily harm to the officer or
another person, and
•
No other means are available to avert or eliminate the danger
Use of Force
Officers shall not fire from a moving vehicle or at the driver or occupant of a moving
vehicle unless the officer reasonably believes:
Shooting at or from
Moving Vehicle
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An officer shall not fire a weapon solely to disable
moving vehicles
•
Liability
•
Excessive Force: real and perceived
•
The Media
•
The Law
Use of Force
Important Considerations
Excessive Force
• Public
perception
• Media
coverage
• Tragic
accidents
• Police
misconduct
• Misleading
or misinterpreted statistics
Use of Force
Complaints of excessive force may involve:
Excessive Force on Video
• Cameras
will often show a small portion of the video
• Video
footage that the public sees often lacks context
• Video
can be open for interpretation and disagreement
• Issues
of human perception and the ability to process
information quickly
Use of Force
• Media
are everywhere now
Supreme Court Decisions
Tennessee v. Garner (1985)
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In this case, the use of deadly force against a fleeing burglar was held to be unreasonable.
Supreme Court Decisions
Graham v. Connor (1989)
Use of Force
The objective reasonableness standard should apply to all uses of force by police.
Graham v. Connor (1987)
Courts will consider the following in
determining if the use of force is reasonable:
 severity of the crime at issue,
 whether they are actively resisting arrest or
attempting to evade arrest by flight.
Use of Force
 whether the suspect poses an immediate threat to
the safety of the officers or others, and
Current Issues and Common Questions
do police shoot unarmed people?
Use of Force
• Why
Current Issues and Common Questions
do police shoot people in the back?
Use of Force
• Why
Current Issues and Common Questions
do police shoot people with their hands up?
Use of Force
• Why
Current Issues and Common Questions
are police not charged when they kill someone?
Use of Force
• Why
Current Issues and Common Questions
don’t police shoot the knife or gun out of suspect’s
hand?
Use of Force
• Why
Current Issues and Common Questions
don’t police shoot suspects in the legs to disable them
instead of killing them?
Use of Force
• Why
Current Issues and Common Questions
police have special karate like moves to bring people
under control?
Use of Force
• Do
Current Issues and Common Questions
do police officers use chokeholds?
Use of Force
• Why
Current Issues and Common Questions
do people suddenly die while fighting police?
Use of Force
• Why
Use of Force
Questions and Comments?