Excessive Force Law Enforcement

[Cosmina]

What is the name of your state (only U.S. law)? Georgia(GA.)

What would be considered as excessive use of force by a police officer? Also, if someone, let's say, kicked-at, a police officer first, and they had to control him/her, how much force is too much on the officer's part? Thank you in advance . (GA.)

 

[You Are Guilty]

What is the name of your state (only U.S. law)? Georgia(GA.)

What would be considered as excessive use of force by a police officer? Also, if someone, let's say, kicked-at, a police officer first, and they had to control him/her, how much force is too much on the officer's part? Thank you in advance . (GA.)

This much:
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[CdwJava]

What is the name of your state (only U.S. law)? Georgia(GA.)

What would be considered as excessive use of force by a police officer?

That which is beyond the definition of "reasonable" based upon the totality of the circumstances.

Also, if someone, let's say, kicked-at, a police officer first, and they had to control him/her, how much force is too much on the officer's part?

If you KICK a police officer, or attempt to strike an officer in any way, the officer is certainly permitted to utilize whatever reasonable force might be necessary to overcome resistance and take the person into custody. This could be hands, it could be chemical agents, it could be a Taser, it could be a baton, who knows? It all depends on the total circumstances.

 

[Cosmina]

That which is beyond the definition of "reasonable" based upon the totality of the circumstances.


If you KICK a police officer, or attempt to strike an officer in any way, the officer is certainly permitted to utilize whatever reasonable force might be necessary to overcome resistance and take the person into custody. This could be hands, it could be chemical agents, it could be a Taser, it could be a baton, who knows? It all depends on the total circumstances.

~Thank you very much . What about injuries like a broken arm and having to get stitches in the head, do you know if that is considered reasonable?

 

[CdwJava]

~Thank you very much . What about injuries like a broken arm and having to get stitches in the head, do you know if that is considered reasonable?

That all depends on what led to the injury and whether the force used was "reasonable." There is no bright line rule that says that force X is not appropriate in a particular situation. The key is the reasonableness of the actions. If someone attacks an officer, it is not a surprise if they get slammed to the ground as a result. You kick me, I'm going to take you down quick and hard, and that might result in an injury to you as a result.

If you believe the force used against you (or whomever) was unreasonable and unlawful, you should consult an attorney.

 

[tranquility]

While injuries will help guide as to the amount of force used, they have nothing to do with if the force was reasonable.

 

[swalsh411]

Depending on a circumstances a "kick" could be met with deadly force. A kick to the head could certainly cause lifelong debilitating injuries. (as can a punch to the face).

 

[dave33]

~Thank you very much . What about injuries like a broken arm and having to get stitches in the head, do you know if that is considered reasonable?

It's reasonable if the officer says so. The officer was threatened if he says so. The situation was dangerous if the officer says it was dangerous.

I believe the officers often abuse this power. To contest this you need video tape, otherwise it is your word against the officers. In that situation you have a very small chance of winning.goodluck.

 

[CdwJava]

It's reasonable if the officer says so. The officer was threatened if he says so. The situation was dangerous if the officer says it was dangerous.

If it were only so simple ... but, it is not always so. Many officers (at least in CA) have lost their jobs or been disciplined to a lesser extent as a result of excessive force NOT caught on tape and when they believed their actions were reasonable. It is ostensibly an objective look at the facts by an outside investigator, not solely the opinion of the officer involved.

 

[Cosmina]

Thank you all for your help and the info you've provided . The police called an ambulance to transport her(the person this happened to)from the jail to the hospital, they did not go with her/escort her. She was there quite awhile and was then discharged and sent home.....I would've thought back to jail. I just can't make sense of any of this. Thanks again .