![]() 538 (1930), where a sheriff faced a Wrongful Death lawsuit because he had killed a misdemeanor suspect during an arrest. This standard was demonstrated in the Iowa case of Klinkel v. If an officer shoots a suspect accused of a misdemeanor for a reason other than self-defense, the officer can be held liable for criminal charges and damages for injuries to the suspect. When arresting someone for a misdemeanor, the police have the right to shoot the alleged offender only in self-defense. According to the code, officers should not use deadly force unless the action will not endanger innocent bystanders, the suspect used deadly force in committing the crime, or the officers believe a delay in arrest may result in injury or death to other people.Ĭircumstances that are taken into consideration are the severity of the offense, how much of a threat the suspect poses, and the suspect's attempts to resist or flee the police officer. The Model Penal Code, although not adopted in all states, restricts police action regarding deadly force. Therefore, deadly force should be looked at as an option that is used when it is believed that no other action will succeed. This standard does not question a police officer's intent or motivation for using deadly force during an arrest it only looks at the situation as it has happened.įor deadly force to be constitutional when an arrest is taking place, it must be the reasonable choice under all the circumstances at the time. The Supreme Court has said that a Search and Seizure is reasonable if it is based on Probable Cause and if it does not unreasonably intrude on the rights and privacy of the individual. citizens from unreasonable searches and seizures, the category into which an arrest falls. The Supreme Court has defined the "objective reasonableness" standard as a balance between the rights of the person being arrested and the government interests that allow the use of force. Because police officers can find themselves in dangerous or rapidly changing situations where split second decisions are necessary, the judgment of someone at the scene is vital when looking back at the actions of a police officer. Whether the force is reasonable is determined by the judgment of a reasonable officer at the scene, rather than by hindsight. The Supreme Court has ruled that, depending on the circumstances, if an offender resists arrest, police officers may use as much force as is reasonably required to overcome the resistance. In police jargon, deadly force is also referred to as shoot to kill. In modern times, the courts have restricted the use of deadly force to certain, dangerous situations. Also, law officers had a more difficult time capturing suspects because they did not have the technology and weaponry that are present in today's world. At that time, felonies were not as common as they are now and were usually punishable by death. The rules governing the use of deadly force for police officers are different from those for citizens.ĭuring the twelfth century, the Common Law allowed the police to use deadly force if they needed it to capture a felony suspect, regardless of the circumstances. ![]() Private citizens may use deadly force in certain circumstances in Self-Defense. Police officers may use deadly force in specific circumstances when they are trying to enforce the law. An amount of force that is likely to cause either serious bodily injury or death to another person. ![]()
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