Full question:
My husband had a dispute with his sister and my brother and the police were called. When the 1 officer arrived he asked to speak with my husband and my husband stated that he would put his belongings down and come talk to him. He also advised the officer that he had a back and left arm injury. My husband went to place his wallet and keys on the rear bumper of our vehicle in his moms driveway and the cop tased him in the back then slammed my husbands face on the ground. Does this constitute excessive force since their was nobody else outside for him to be a danger to and his back was turned to the officer?
- Category: Criminal
- Subcategory: Arrests
- Date:
- State: New York
Answer:
In making an arrest, a police officer has the right to use some degree of physical coercion or threat. However, the Federal Constitution's Fourth Amendment protects individuals against the use of unreasonable or excessive force by an arresting officer. Thus, a police officer may not use force in excess of that which is reasonably necessary to make an arrest. The privilege to use force is not limited to that amount of force necessary to protect the officer, but extends to that amount reasonably necessary to enable the officer to perform his or her duty.
However, an officer cannot use violence when no resistance is offered, or use force or violence disproportionate to the extent of the resistance offered. The question of whether excessive force has been used in making an arrest is for the jury to determine, based on all the facts and circumstances involved.
A peace officer who exceeds his powers in making or attempting an arrest stands on the same footing as any other citizen and is liable for any injury caused thereby. Thus, a sheriff and his surety are liable for damages sustained by a person for an unlawful arrest not founded on probable cause and without a warrant where the arrest constituted an abuse of power. Misconduct subsequent to lawful arrest makes the officer liable only for such harm as is caused thereby. It does not make him or her liable for the arrest or for detention prior to the misconduct.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
