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What constitutes excessive force during an arrest?

On Behalf of | Nov 25, 2024 | Criminal Defense

Many people instinctively feel anxious when they see police officers approaching. Prior interactions with law enforcement or personal characteristics like skin tone may make people anxious about how law enforcement professionals may treat them.

In some cases, police officers mistreat members of the general public. They may use excessive force when intervening in a situation or attempting to arrest an individual. Excessive force, also known as police brutality, is a common civil rights violation that may result in litigation.

Individuals harmed by law enforcement professionals may seek financial compensation for their injuries and justice through the civil courts. Many people claim to have experienced excessive force during an encounter with police officers.

When have police officers used too much force?

Every police encounter is unique. There is no black-and-white definition of excessive force. The state does not establish specific injuries or actions that automatically constitute excessive force. What is appropriate and reasonable in one situation can be excessive and unnecessary in another.

When evaluating the conduct of police officers, there are multiple factors to take into consideration. The seriousness of the alleged crime is a key consideration. Using lethal force in response to an alleged non-violent shoplifting incident is likely not an appropriate reaction.

The conduct of the suspect is another factor. Police officers may have more justification to use force when a person presents an imminent threat of harm to the arresting officer or other members of the public. The use of force is also generally more appropriate in scenarios where an individual uses physical force to resist arrest or in an attempt to flee.

Officers typically need to use the least amount of force they can to safely navigate a situation. Using physical force before attempting to verbally warn an individual can be an inappropriate reaction. So can the escalation of a previously nonviolent confrontation with an overall compliant individual. Those claiming that police officers used excessive force may need help reviewing the evidence.

Holding police officers accountable for excessive force and other civil rights violations can result in disciplinary action, changes in police policy and compensation for injured people. Those who recognize when a police officer is unnecessarily aggressive can sometimes choose to take legal action if the circumstances warrant doing so.