Reports of excessive force by police officers are common for people who watch the news. Police officers are allowed to use limited force if it’s reasonably necessary to control the situation, protect themselves, prevent harm to the public or make an arrest. The standard of force isn’t set on whether it was used or not. Instead, the standard is whether the level of force is appropriate for the circumstances.
Courts will look at a variety of factors to determine if there was excessive force. These include the severity of the alleged crime, the actions of the suspect and whether anyone was in immediate danger. From there, a determination about whether the force was lawful or excessive will be made.
What is the difference between lawful and excessive force?
The type and amount of force should match the threat. For example, placing handcuffs on someone who’s resisting arrest is lawful. It would be excessive for a police officer to repeatedly hit the person once they’re restrained. Determining this depends on what any reasonable officer would do in the situation, but hindsight or the victim’s feelings about what happened typically aren’t factors.
What should you do if you think excessive force was used?
One of the most important things to do if you believe you experienced police brutality is to document the incident. This can be done through photos of the injuries, medical records and witness statements. In some cases, there may be a video of the incident available. All of these can be important if you opt to pursue a legal case related to this matter.
If you think that you were a victim of excessive force, you should learn a bit more about what laws say about your right to not have excessive force used against you. These cases are often complex and can involve state laws and federal protections. There’s a chance that your rights may have been violated. Working with someone familiar with these matters may be beneficial so you can move forward with your claims.