Chapter 4. Use of Force

• Author: Ken Wallentine
• Pages: 85-103

85

CHAPTER 4

USE OF FORCE

Force to make a felony arrest

Excessive force

Force to make a misdemeanor arrest

Force to maintain order or gain compliance

Force in an officer’s self-defense

Resisting arrest

Deadly force against a stun gun or pepper spray

Measuring the appropriate application of force

Force to enter a suspect’s home

Force to enter a third party’s home

Specialized applications of force

Alternative force tools

Use of force to obtain evidence

Use of force in correctional facilities

Reporting use of force

Consequences of improper use of force

CHAPTER FOUR86

Force to make a felony arrest

An officer may use no more force than is reasonably neces-

sary to make an arrest. Deadly force may be used only

when lesser force is not reasonable and when the suspect

presents an imminent threat of death or serious bodily in-

jury to the officer or the public. Deadly force may be used

to prevent an escape by a fleeing felon when:

•the officer has probable cause to believe that the sus-

pect committed a crime involving the threat of death or

serious bodily injury, AND;

•deadly force is reasonably necessary to prevent the es-

cape, AND;

•the officer gives a warning prior to the use of force,

whenever feasible.

The traditional common law rule of force allowed an

officer to use whatever force necessary, including deadly

force, to make a felony arrest. The common law rule was

modified in many states during the 1960s and 1970s, and in

1985, the United States Supreme Court banned the use of

deadly force against a fleeing felon who does not pose an

immediate threat to officers or the public.

Tennesee v. Gar-

ner

, 471 U.S. 1 (1985). Deadly force may still be used on

some fleeing felons in very limited circumstances (

see

black-

letter rule above).

All use of force lawsuits are measured by standards es-

tablished by the Supreme Court in

Graham v. Connor

, 490

U.S. 386 (1989). In the

Graham

case, the Court instructed

lower courts to always ask three questions to measure the

constitutionality of a particular use of force. First, what was

the severity of the crime that the officer believed the sus-

pect to have committed or to be committing? Second, did

the suspect present an immediate threat to the safety of

officers or the public? Third, was the suspect actively resist-

ing arrest or attempting to escape? The Supreme Court also

stated that the use of force should be measured by what the

officer knew at the scene.

If officers create the situation requiring deadly force,

they may be liable for resulting injuries. Responding to a

suicide call, deputies approached a woman loading a gun.

They retreated, and one deputy then approached to within a

few feet, thinking that he was hidden from her. She saw him

and turned her weapon in his direction. He fired three times,