It's all about what's reasonable under the circ*mstances.
By Paul Bergman, UCLA Law School Professor
Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
Police officers are generally allowed to use reasonable force to take a person intocustody. For example, if a suspect resists by momentarily attempting to runaway or giving a token push, an officer wouldn't be justified in usingextreme force. If officers use unnecessary force, they can be subject to seriousrepercussions, including criminal prosecution and civil liability (in the formof lawsuits by victims).
- Reasonable Force
- Deadly Force?
Reasonable Force
Courts decide whether anofficer's use of force was unreasonable on a case-by-case basis, taking intoaccount:
- the severity of the crime
- whether the suspect posed a threat, and
- whether the suspect was resisting or attemptingto flee. (Graham v. Connor, 490 U.S. 386 (1989).)
The amount of force that police officers can use when makingan arrest is a subject of much concern and controversy. Police officers have discretionto use as much force as they—at the time of arrest—reasonably think necessary to protect both the public andthemselves. But citizens' groups, especially those made up of ethnic or racialminorities, often oppose the way police officers employ force. They claim thatpolice regularly overstep the bounds of necessity. Consider the followingexample.
Too much. OfficerSmith and his partner observe Delany punch someone outside a bar and then runaway. The officers give chase. When they catch up, Delany struggles and strikesat the officers in an effort to escape. While Officer Smitts applies achokehold, the partner manages to handcuff Delany and manacle his legs.However, Officer Smitts continues to apply the chokehold for another minute,until Delany passes out. Officer Smitts used excessive force and may be subjectto a range of outcomes, including discipline from the police department. (Hisconduct, however, doesn't affect Delany's criminal liability for the punch.)
Deadly Force?
The U.S. Supreme Court established that that a police officer who hasprobable cause to believe a suspect poses a threat of serious harm to theofficer or others may use deadly force to prevent escape. (Tennessee v. Garner, 471 U.S. 1 (1985).) This might happen, forinstance, if the suspect threatens the officer with a gun. The Court, however,indicated that officers should issue warnings when possible. It also held that deadlyforce is unjustified when the suspect poses no immediate threat to the officer andno threat to others.
For more on related topics, see Arrests and Probable Cause.
