608 F. 3D 614 (9th Cir. No. 08-55662, files 6/18/10, withdrawn and amended, 11/30/10) in a 42 U.S.C section 1983 action based on defendants-officer 's use of a taser on plaintiff at a traffic stop, denial of summary judgment based on qualified immunity is affirmed where, viewing the circumstances in the light most favorable to plaintiff, defendant 's use of the taser was unconstitutionally excessive force and a violation of plaintiff 's clearly established rights. Police must have reasonable grounds to use a taser. Officer Brian McPherson used excessive force when on July 24, 2005, he deployed his X26 taser in dart mode to apprehend Carl Bryan for a seatbelt infraction, where Bryan was obviously and noticeably unarmed (he was wearing
One common opinion is that officers should not use more force than is necessary or reasonable, and even then, that force should be used only as a last resort. “Police use force to affect civilians’ conduct. On a day-to-day basis, they do so most often by employing the least degree of force available to them, their mere presence. Cops wear uniforms and drive distinctly marked cars so that, without saying a word, they may have an effect on citizens’ behavior” (Fyfe, 38). When an officer’s presence fails to fulfill the desired conduct, the next course of action for said officer would be verbalization.
Officers are taught at the police academy to meet deadly force with deadly force. They are trained and given the techniques and skills to make sure they make it home at the end of their shift, and they spend extensive time training in the use of firearms. It's important to realize that, when discussing the use of deadly force by police officers, the expected result of a subject's actions don't have to be death. Instead, deadly force is described as actions that would likely cause death or bodily harm, which could include permanent disfigurement without necessarily causing death.
Police officers have vowed their life to protect and serve. They risk their lives every day for their communities. As the last few years have sped past us, police officers have been very aggressive with the force they use when arresting a suspect, or even people in general. According to a Texas article on Civil Liberties and Civil Rights, “police officers typically use force offensively rather than defensively and do so with at least some degree of premeditation.” (Gross,2013, page 167).
The NSW Police Force (NSWPF) are expected to comply with the ideals and expectations outlined in legislation and policy documents. These documents provide ethical, moral and legal principles to shape the decision-making process of police in the execution of their duty. This essay will discuss the failures of police to comply with these principles in dealing with potential juvenile offenders in the scenario. It will do this by examining their actions with reference to NSW legislation and relevant police force policy documents, discretionary powers and their application in the scenario, and communication techniques which could have had a more positive impact while complying with the directives of the NSWPF.
It’s a cold winter morning, and a police officer is patrolling his normal route. Born and raised in this small Midwestern town, he is now starting his own family here. He rarely sees any excitement at 3 A.M., but he spots a car swerving as he passes it on a country highway. He turns around and pulls the car over to find that the driver is his neighbor. It is not a rare occurrence that it is someone he knows in such a small community.
Police officers use the amount of force necessary to ease the situation, arrest an individual, or protect themselves and others from harm. A certain amount of people understand that excessive force is required in different situations. There are moments when police officers will be obligated to use excessive force to calm the situation. For example; Rahtz said, “Then you have others who understand that in some situations, force is not only necessary but is required, if serious, injury or death is avoided” (Rahtz, 2007). Force can be necessary and understood
While officers can legally use physical and even deadly force under some circumstances, police have engaged in unjustified shootings, unnecessarily rough treatment, and severe beatings. The increase of police brutality has caused citizens
Use of force is the amount of force used in a given situation during police work. The police are supposed to follow the continuum when it come to using force. This continuum is known as the “Use of Force Continuum”. Despite this, use of force is still a constant problem in policing. There are many cases where a cop are sued for using more force than necessary, sometimes on purpose and sometimes by accident.
The elements necessary to control the use of force in prisons are well known. To prevent abuse, the use of force must be controlled through (1) clear policies; (2) meaningful and constant supervision of all uses of force; (3) timely and truthful reporting of all uses of force by the officer involved and anyone who witnessed the incident; (4) an accurate and unbiased investigation into allegations of excessive force; and (5) the consistent imposition of progressive and proportional discipline when excessive force is used or when it is not reported. A breakdown in any one of these components will inevitably lead to
Weapons are deemed as a significant element for military strategies all over the world. Overtime, these illicit weapons distributed to police forces have caused injuries some at minor at levels and whilst some are deemed at extreme levels. Electronic stun devices and other less-lethal weapons are marketed as offering unmitigated benefits to both police and public safety, with this statement there are various problems also associated with these devices such as unnecessary injury and deaths. There are various intentional injuries that police officers are affected by whilst working, the prevalence of injury in the force is rather high. By the 1800s, after departments and police departments distributed weapons and demanded the use of force that
Xialea Mclean Police force is sufficient or should use more Police officers are only supposed to use the amount of force necessary to prevent any accidents. According to the National Institute of Justice ,"the use of force by law enforcement officers becomes necessary and is permitted under specific circumstances, such as in self-defense or in defense of another individual or group. " The law enforcement are allowed to use lethal, non-lethal force, physical, and verbal restraints. The amount of force used by the law can be depended by the situation they are currently in. While on duty, a officers are trained to judge when the situation requires a use of force.
In some cases, police officers exert excessive force on individuals. The amount of force should be necessary for the situation. For example, a police officer should not use a weapon because a civilian will not obey an initial command. In the article, When Does Force Become Excessive?,
For decades now, the controversy over deadly force has continued to show up in the news when police officers have acted in a manner that some citizens find just while others deem completely unfair. Many lawsuits stemming from shootings and crimes have found their way to local courts or the Supreme Court to deal with this issue. A portion of the U.S. population finds deadly force unnecessary when non-lethal weapons such as pepper spray or batons just as easily subdue the criminal. In addition, these citizens argue that officers might be liable for cases filed against them if they use excess force on people that seem suspicious but have not actually committed a crime. On the other hand, the opposing argument in favor of deadly force states that
One advantage of police using force is the authority of law over any unlawful abiding citizen. The police have the authority to stop a crime before it occurs and that helps prevent crime in the first place.
