NCJ Number
101504
Journal
San Diego Law Review Volume: 22 Dated: (1985) Pages: 587-625
Date Published
1985
Length
39 pages
Annotation
This comment examines law governing police use of force in effecting arrests and investigative stops, reviews a relevant U.S. Supreme Court decision (Tennessee v. Garner), and proposes a model statute to clarify the meaning of reasonable force and provide remedies for police use of excessive force.
Abstract
Although standards outline acceptable police behavior in effecting an arrest or an investigative stop, rules regulating the permissible degree of force are not clear. The U.S. Constitution and existing statutes, case law, and administrative rules could be used to set stricter standards for the permissible degree of police force, but these standards often conflict with each other. In Tennessee v. Garner, the U.S. Supreme Court held that an officer may not use deadly force to arrest a suspect when the officer has probable cause to believe the suspect is not dangerous. Regarding the use of nondeadly force, the case law is ambiguous and arbitrary in determining when and to what degree it may be used. The proposed model statute limits the use of nondeadly force to situations when the arrestee physically resists the officer's authority or otherwise threatens the officer or other persons. The inclusion of sanctions is intended to specify remedies for the use of excessive force. There are civil and criminal consequences. 246 footnotes.