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(347) 974-9434
Call:
(347) 974-9434
The right to be free from excessive force can be found in the prohibition on cruel and unusual punishment in the Eighth Amendment and the requirement for reasonable search and seizure in the Fourth Amendment.
Excessive force refers to situations where government officials, especially law enforcement officers, are entitled to use force exceeding the minimum amount required to protect others or themselves from harm.
How Does the Court Determine Excessive Force?
When determining if a government official’s actions were objectively reasonable, courts look at:
– Whether warnings could have been provided or were provided
– Whether other alternatives were available
– Whether the individual was attempting to flee or was actively resisting arrest
– Whether an immediate threat to the safety of others or the officer existed
– The severity of the underlying circumstances or crime
What is The Use of Force Spectrum
The right to make an investigatory stop or arrest carries with it the right to use some degree of threat or physical coercion. However, the degree of force or coercion used needs to be proportional to the threat and escalate only in response to the threat.
A law enforcement officer should use the following methods, in order to diffuse a situation:
– Physical presence: simply being present
– Verbalization: using anything from direct orders to non-threatening requests
– Empty-hand control: using physical bodily force through kicks, punches, holds, or grabs
– Less lethal methods – utilizing weapons such as police dogs, tasers, chemical sprays or batons
– Lethal force – utilizing lethal weapons such as guns
Compensation for Excessive Force Cases
As a victim of excessive force, you may be eligible for compensation. This compensation can be used to help cover:
– Medical bills
– Lost wages
– Disability-related expenses
– Pain, suffering, and more
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.