OFFICER SAFETY / SEARCH & SEIZURE LAWS
Copyright 1997 - 2018 Edward S. Armstrong, Jr. |
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All law enforcement officers must confer with their training officers, legal advisors and prosecutors regarding the following legal issues. State law can be more restrictive (pro-defendant) than Federal law. Federal circuit courts of appeal often disagree with other Federal circuit courts on issues not yet decided by the United States Supreme Court. Also, lower courts (State and Federal) sometime disagree on what a Supreme Court decision means. The following statements are not to be taken as legal advice.
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V. USE OF FORCE OFFICER SAFETY
1. Force - When making a Terry stop or arrest, Police may use some degree of physical coercion or threat thereof to accomplish it. Police use of force must be objectively reasonable under the circumstances, Graham v. Connor (1989).
(NOTE: Many law enforcement departments and agencies
place greater restrictions on its officers than the Supreme
Court does in Tennessee v. Garner. Some require the
threat under (a) to be imminent and do not allow deadly force to
be used under (b). Every law enforcement officer must be sure of
his department or agency's deadly force policy!)
NOTE: All law enforcement officers must confer
with their training officers, legal advisors and prosecutors
regarding the following legal issues. State law can be more
restrictive (pro-defendant) than Federal law. Federal circuit
courts of appeal often disagree with other Federal circuit courts
on issues not yet decided by the United States Supreme Court.
Also, lower courts (State and Federal) sometime disagree on what
a Supreme Court decision means. The above statements are not to
be taken as legal advice.
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