Use of Force

Question 1

Which part of the 4th amendment governs use of force?

Answer 1

The reasonableness requirement, both for deadly and excessive force claims. (People used to argue that this was governed by the due process clause).

Question 2

Tennessee v. Garner (SCOTUS 1985)

Answer 2

Holding: Unreasonable use of deadly force to prevent a person’s escape violates a person’s 4th amendment rights.

Rule: Established the Garner test for use of force
1. There is probable cause to believe the force is necessary to prevent escape (only means of preventing escape)
2. Probable cause to believe that, upon escape, the person will pose a significant threat of death or serious physical injury to the officer or others.

Counter argument: this places barriers in the way of officers stopping a suspect who is fleeing a crime scene.

*Facts: the Defendant had a prior felony conviction for a non-violent offense and was not known to be dangerous. He ran from the police. The officers shot and killed him during the chase. *

Question 3

Scott v. Harris (SCOTUS 2007)

Answer 3

Holding: the police acted reasonably in this situation because they felt that a high speed chase threatened the lives of innocent bystanders. Also the assessment of reasonableness can include balancing the risk of harm to the suspect v. risk of harm to the public.

Counter argument: the police could have stopped the danger by halting the chase.

*Facts: The defendant was 19 years old and driving 73 mph in a 50 mph zone. When the police tried to pull him over, a chase ensued. The officer did not believe he could safely execute a manuver that would spin the defendant’s car to a stop, so he executed a different move that ultimately flipped Harris’ car off a cliff, paralyzing him. *

Question 4

Graham v. Connor (SCOTUS 1989)

Answer 4

This case held that claims that the police used excessive force while making an arrest are governed by the 4th amendment reasonableness standard.

For excessive force reasonableness depends on:
1. The severity of the alleged crime
2. The immediate threat the suspect poses to the officer/others
3. Whether the suspect is evading or resisting arrest

Question 5

Graham v. Connor Test

Answer 5

This test governs reasonable force during an arrest.

To determine whether force is reasonable to execute an arrest, consider the following factors:
1. The severity of the alleged crime
2. The immediate threat the suspect poses to the officer/others
3. Whether the suspect is evading or resisting arrest

Question 6

Tenneesee v. Garner Test

Answer 6

This is the test used to determine if use of force is reasonable to detain a fleeing suspect.

The factors to consider are:

1. Probable cause to believe that this is necessary to prevent escape (meaning no other means could be used to prevent escape); and
2. Probable cause to believe that, upon escape, the suspect will pose a significant threat of death or serious physical injury to the officer or other people.

Question 7

Forrester v. City of San Diego (9th Cir. 1993)

Answer 7

Holding: the police acted reasonably in using force in this case. The crimes were misdemeanors but there were 100+ protestors, organized lawlessness is particularly dangerous and there was fear of injury to hospital staff and patients. The suspects were resisting arrest and refusing to move. Officers are not required to use the least intrusive degree of force possible. They just need to use reasonable force.

*Facts: pro-life protestors gathered outside a San Diego abortion clinic. The police used pain compliance techniques to remove them when they resisted arrest. These resulted in several people with arm/wrist injuries and severe pain. *

Question 8

Ayres/Markovits theory of use of force

Answer 8

1. Police should not be allowed to use force
2. Arrest tactics should be proportional to the suspected crime
3. Misdemeanors should result in a warning