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:
When making an arrest, police officers can use a reasonable amount of force. However, the Fourth Amendment of the U.S. Constitution protects individuals from unreasonable or excessive force. Officers may not use more force than necessary to make an arrest. This includes not using violence when there is no resistance or when the force used is disproportionate to any resistance offered.
The determination of whether excessive force was used is typically made by a jury, based on the specific facts and circumstances of the case. If an officer exceeds their authority during an arrest, they can be held liable for any injuries caused. This includes situations where an arrest is made without probable cause or a warrant, constituting an abuse of power. Misconduct that occurs after a lawful arrest only makes the officer liable for harm caused by that misconduct, not for the arrest itself.
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.