Response to Resistance: The Legal Realities of Use of Force in Modern Policing

Course Introduction

Legal Fundamentals

• The Fourth Amendment
• State constitutional provision

Golden Rules of Use of Force

• Your actions must be objectively reasonable
• The more you articulate why you did something, the more likely it will be upheld in court
• The more serious the crime, the more reasonable your actions are likely to be viewed
• Always humility. Never righteous anger.

Two Forms of Compliance

• Voluntary compliance
• Compelled compliance

What is a seizure under the Fourth Amendment?

• Show of Authority
  • State distinctions
• Physical Seizure
• 1983 Civil Suits & §242 Indictments
• 1983 lawsuits
  • Federal officers and Bivens actions
• 242 Indictments

Qualified Immunity

• Case examples of QI being granted
• Case examples of QI being denied

Affirmative Duty to Protect Individuals

• Liability when responding to calls for service involving suicidal subjects

The Reasonableness of Use of Force

• Graham v. Connor three-prong test
  • Severity of the Crime
  • Threat posed to the officers or others
  • Actively resisting arrest or attempting to evade arrest by flight
• Other factors to consider
  • Believed to be armed
    • Furtive movements
  • Arrest warrant issued
  • Under the influence
  • Availability of alternative methods
  • Suspect’s criminal history
  • Time of day
  • Number of people
  • Number of shots fired
  • Number of cops versus suspects
  • Anti-police bias
  • Mental health issues
  • How quickly the officer resorts to force
  • Size of officer versus offender
  • Apparent fighting ability
  • Duration, injury, or disadvantage
  • Any warnings given
  • Clear line of retreat
  • Shielding
  • Environmental dangers

Inconsistent Applications of Force by Officers Present

Reasonable Post-Seizure Care

Policy Violations and Objective Reasonableness

Scenarios