Legal Definitions - excessive force

Excessive Force

Excessive force refers to the use of physical power or coercion by a law enforcement officer that goes beyond what is objectively reasonable and necessary to control a situation, make an arrest, or ensure safety. The legal standard for determining if force was excessive is whether a reasonable officer, facing the same circumstances, would have believed that the level of force used was necessary at that specific moment. This concept also extends to an officer's responsibility to intervene if they witness another officer using excessive force.

• Example 1: Disproportionate Response to a Minor Offense

  A person is stopped by police for jaywalking. When asked for identification, the individual verbally expresses annoyance but remains standing still and does not attempt to flee or physically resist. Despite this, an officer immediately grabs the individual's arm, twists it behind their back, and shoves them against a wall to search their pockets, causing a sprained wrist.

  This illustrates excessive force because the individual was not physically resisting or posing any immediate threat. The officer's actions—forcibly twisting an arm, shoving against a wall, and causing injury—were significantly more aggressive than what was reasonably necessary to obtain identification or conduct a search for a minor, non-violent infraction.

• Example 2: Continued Force After Compliance

  During a domestic dispute call, officers arrive to find a man and woman arguing loudly. The man, who is visibly upset but unarmed, is ordered to put his hands up. He immediately complies, raising his hands above his head. As he stands still with his hands raised, an officer rushes forward, tackles him to the ground, and repeatedly strikes him with a closed fist before handcuffing him.

  This demonstrates excessive force because once the man complied with the order to put his hands up and was no longer resisting or posing an active threat, the subsequent actions of tackling him and striking him were not reasonably necessary to subdue him or ensure officer safety. The force continued beyond the point of reasonable necessity for control.