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Levels of Force
Basic Verbal and Physical Restraint: This includes verbal commands, handcuffing, and other non-lethal means of controlling a situation.
Less-Lethal Force: This includes the use of Tasers, pepper spray, and other devices designed to incapacitate without causing serious harm.
Lethal Force: This includes the use of firearms and other deadly force to protect life or prevent serious harm.
Case Law
Graham v. Connor: This 1989 Supreme Court case established the “objective reasonableness” standard for evaluating the use of force. Officers must use force that is reasonable under the circumstances.
Tennessee v. Garner: This 1985 Supreme Court case held that officers may use deadly force to prevent escape if the suspect poses a significant threat to the officer or others.
Terry v. Ohio: This 1968 Supreme Court case established the legality of “stop and frisk” searches, which involve brief, suspicionless searches of individuals.
Plakas v. Drinski: This 1995 Supreme Court case held that officers have no constitutional duty to use lesser force when deadly force is authorized.
Pena v. Leombruni: This 1981 Supreme Court case addressed the issue of suspect’s known mental state regarding force.
Key Principles
Objective Reasonableness: The use of force must be reasonable under the circumstances.
Necessity: The use of force must be necessary to achieve a legitimate law enforcement goal, such as making an arrest or protecting life.
Proportionality: The amount of force used must be proportional to the threat posed by the suspect.
Minimization: Officers should use the minimum amount of force necessary to achieve their goals.