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Use of Force in Arrest and Apprehension of Criminal Suspects

6 October, 2015 - 09:48

Occasionally, law enforcement must use forcto effectuate an arrest or apprehend a criminal suspect. The appropriate use of force during an arrest or apprehension can operate as a defense to assault, battery, false imprisonment, kidnapping, and criminal homicide. At early common law, law enforcement could use reasonable, nondeadly force to arrest an individual for a misdemeanor and reasonable, even deadly force, to arrest an individual for any felony. Modern law enforcement’s ability to use deadly force is governed by the US Constitution.

The US Supreme Court clarified the constitutional standard for law enforcement’s use of deadly force in Tennesseev.Garner, 471 U.S. 1 (1985). In Garner, the Court invalidated a Tennessee statute that allowed law enforcement to exercise anydegree of force to apprehend and arrest a fleeing felon. The law enforcement officer in Garneradmitted that he shot and killed a suspect, reasonably believing he was unarmed. The Court held that the Fourth Amendment governed law enforcement’s use of deadly force in this situation because the use of deadly force is a seizure. Thus law enforcement’s use of deadly force must be scrutinized pursuant to the standard of constitutional reasonableness. According to the Court, the only constitutionally reasonable circumstances under which law enforcement can use deadly force to arrest or apprehend a fleeing felon is when law enforcement has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Currently, most jurisdictions have statutes protecting law enforcement’s reasonable use of force when effectuating an arrest or apprehending a fleeing suspect. Under Garner, these statutes must restrict the lawful use of deadly force to potentially deadly situations. If a law enforcement officer exceeds the use of force permitted under the circumstances, the law enforcement officer could be prosecuted for a crime or sued for cividamages(or both).