Police Brutality

Police Officers are alowed to use force to restrain persons, but not more than is necessary.

What is meant by "police brutality"?  

Police brutality is a common term used to describe the use by police officers of more force than is necessary in making arrests or controlling persons. "Police Brutality" or "Excessive Force" claims frequently are made when someone is injured or killed during the course of a search or an arrest.

Why is this a legal issue? 

The Fourth Amendment of the United States Constitution entitles citizens to be free from unreasonable searches and seizures. The Supreme Court has held that the amount of force constitutionally used by officers in making arrests or searches is determined by the reasonableness standard of the Fourth Amendment.

So, what is "reasonable"?

Reasonableness is an objective standard. It does not depend on the officer's motivations. It is determined by looking at all of the facts and circumstances confronting the officer at the time force is used. It is viewed from the perspective of a reasonable officer on the scene, not from what is known in hindsight.

Is killing by a police office ever reasonable?

Yes. The reasonable use of deadly force, such as shooting a suspect, is limited to situations in which the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others. An officer may not use deadly force to capture a fleeing felon unless the suspect has threatened the officer or the officer has probable cause to believe that the suspect has committed a crime causing or threatening to cause serious physical harm.

To locate free or low cost legal assistance:

• Visit the Michiganlegalaid.org home page and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or

• Look under "attorneys" in the yellow pages to find your local legal aid office, or

• Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738. 

• Persons age 60 or older, regardless of their income, may be able to receive free advice from the Legal Hotline for Michigan Seniors by calling (800) 347-5297.

• For further information about Michigan criminal law visit the State Appellate Defender website.
  

This article appears courtesy of Legal Aid of Western Michigan.