{"id":352268,"date":"2024-01-29T11:22:32","date_gmt":"2024-01-29T16:22:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/excessive-force-and-police-brutality.html"},"modified":"2024-01-29T11:22:32","modified_gmt":"2024-01-29T16:22:32","slug":"excessive-force-and-police-brutality","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/excessive-force-and-police-brutality.html","title":{"rendered":"Excessive Force and Police Brutality"},"content":{"rendered":"\n
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Excessive Force and Police Brutality<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Law enforcement officials play an important role in society. When trouble arises, police officers, FBI agents, and other law enforcement officers respond to face the potential threat. But they must limit the force they use against a suspect.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

One defining feature of law enforcement’s role is its ability to use force to respond to a situation. Some situations may require a law enforcement official to use force.<\/p>\n

However, that does not mean police have unlimited authority to use force. Federal and state laws require police officers to use only the necessary amount of force in a given situation. Sometimes, that means the police officer only needs to issue a direct command to someone. Other times, a police officer may use justifiable deadly force<\/a>.<\/p>\n

This article discusses excessive force and police brutality. People who experience unjust treatment by police have legal remedies. You can talk to a criminal defense lawyer<\/a> or civil rights lawyer<\/a> to get help protecting your rights. <\/p>\n

Excessive Force Explained<\/h2>\n

Certain government officials may use force to diffuse dangerous situations and threats to the public. For example, a police officer may use reasonable force to apprehend a suspect. A correctional officer may use reasonable force to stop inmates from fighting.<\/p>\n

In general, excessive force refers to situations where government officials use force that exceeds the minimum amount necessary to diffuse an incident. When law enforcement uses excessive force, it’s sometimes referred to as police brutality<\/a>.<\/p>\n

There is no exact definition of excessive force. The legal test for excessive force<\/a> involves determining whether the law enforcement officer reasonably believed the amount of force they used was necessary to accomplish a legitimate police purpose. However, there are no exact definitions for either "reasonable belief" or "necessary." Therefore, jurors must determine whether a law enforcement officer used excessive force.<\/p>\n

Supreme Court Interpretation of Excessive Force<\/h3>\n

In the Supreme Court case Tennessee v. Garner<\/i><\/a>, the Court found that police used excessive force. There, police shot a teenager in the head while he fled a house he had allegedly burglarized. The police later admitted they reasonably believed he did not have any weapons on him.<\/p>\n

At the time, a Tennessee law authorized all the necessary means to effect the arrest of fleeing suspects, regardless of the situation. The Court overturned the state law. It concluded the law violated the Fourth Amendment<\/a> by allowing an unreasonable use of force. The Court ruled law enforcement officers may only use deadly force during an arrest if the following conditions apply:<\/p>\n