9.22 PARTICULAR RIGHTSFOURTH AMENDMENTUNREASONABLE SEIZURE OF PERSONEXCESSIVE (NONDEADLY) FORCE <\/p>\n
In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer uses excessive force [in making a lawful arrest] [and] [or] [in defending [himself] [herself] [others]. Thus, in order to prove an unreasonable seizure in this case, the plaintiff must prove by a preponderance of the evidence that the officer[s] used excessive force when [insert factual basis of claim]. <\/p>\n
Under the Fourth Amendment, a police officer may only use such force as is \"objectively reasonable\" under all of the circumstances. In other words, you must judge the reasonableness of a particular use of force from the perspective of a reasonable officer on the scene and not with the 20\/20 vision of hindsight. <\/p>\n
In determining whether the officer[s] used excessive force in this case, consider all of the circumstances known to the officer[s] on the scene, including: <\/p>\n
1. The severity of the crime or other circumstances to which the officer[s] [was] [were] responding; <\/p>\n
2. Whether the plaintiff posed an immediate threat to the safety of the officer[s] or to others; <\/p>\n
3. Whether the plaintiff was actively resisting arrest or attempting to evade arrest by flight; <\/p>\n
4. The amount of time and any changing circumstances during which the officer had to determine the type and amount of force that appeared to be necessary; <\/p>\n
5. The type and amount of force used; <\/p>\n
[6. The availability of alternative methods [to take the plaintiff into custody] [to subdue the plaintiff;] <\/p>\n
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Originally posted here: 9.22 PARTICULAR RIGHTSFOURTH AMENDMENTUNREASONABLE SEIZURE OF PERSONEXCESSIVE (NONDEADLY) FORCE In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer uses excessive force [in making a lawful arrest] [and] [or] [in defending [himself] [herself] [others]. Thus, in order to prove an unreasonable seizure in this case, the plaintiff must prove by a preponderance of the evidence that the officer[s] used excessive force when [insert factual basis of claim]. Under the Fourth Amendment, a police officer may only use such force as is \"objectively reasonable\" under all of the circumstances Continue reading
\n9.22 Particular RightsFourth AmendmentUnreasonable ...<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"