Defining Necessary Deadly Force
Any time a police shooting occurs, the discussion on necessary deadly force comes up. When are police officers allowed to use deadly force? When is it considered excessive or over the top? Unfortunately, officers have often claimed that the use of deadly force is always necessary when they don’t know a suspect’s intentions. This simply isn’t true—no matter which set of laws you look at, there are limitations regarding when deadly force is and is not appropriate. At the Law Offices of Dale K. Galipo, our team of officer-involved shooting attorneys is committed to helping victims seek justice.
The Law Offices of Dale K. Galipo is passionate about protecting clients’ civil rights and holding government entities accountable for their mistreatment of innocent civilians. Dale K. Galipo, founder of this officer-involved shooting law firm, has been focusing on civil rights cases involving police misconduct for more than 20 years. Call us at 818-347-3333 to discuss your case.
What is Deadly Force?
Deadly force is a term used to refer to any actions that are likely to result in serious injury or death to another party. In the context of police, this includes shootings, certain postures that make it hard for suspects to breathe, and the use of other weapons.
Legally, police officers are expected to use deadly force as a last resort. It should not be the only tool in an officer’s arsenal, nor should it be the first one they reach for when an interaction starts going south. In fact, officers are expected to de-escalate whenever possible and use less aggressive forms of force before turning to deadly force.
When is Deadly Force Necessary?
What does the law say about when deadly force is necessary? A look at state and federal law can be helpful when you’re considering consulting an officer-involved shooting lawyer. The Department of Justice provides valuable insight into the use of deadly force. They state that their goal is to value and preserve human life whenever possible. They state that officers should use only the force that is considered objectively reasonable to get a situation under control. For example, in a minor physical scuffle with a suspect, that may mean handcuffing them and forcing them to sit on the curb—not reaching for a gun and incapacitating them that way. The use of force by a police officer should just exceed what a suspect is doing in order to allow them to take control of the situation.
Another useful resource is the POST Use of Force Standards and Guidelines, released by the California Commission on Peace Officer Standards and Training. They state that the use of deadly force is a serious responsibility that officers must exercise judiciously and with respect for human dignity and human rights. The use of deadly force should only be used to protect against the imminent threat of death or serious injury, either to a police officer or to another person.
When Non-Lethal Force Should Be Used
One topic that is often the subject of debate is the use of deadly force to stop someone who is fleeing. In general, if someone is fleeing the scene of a minor crime—for example, fleeing a traffic stop or a burglary—deadly force is not appropriate. However, the POST Use of Force Standards and Guidelines indicates that you can use deadly force to stop someone for a felony that threatened or led to the death or serious bodily injury of another person. Officers may also use deadly force if the officer has reason to believe that the suspect will cause death or serious bodily harm if they are not immediately apprehended.
Outside of these situations, standards indicate that officers should always use non-lethal force to bring a suspect under control. To use deadly force when it is unnecessary violates the sanctity of human life and each human’s right to life. Unfortunately, despite these clear standards, officer-involved shooting attorneys see no shortage of new cases every single year—many of which involve fleeing suspects or those who were not a threat to others’ lives or safety.
Contact the Law Offices of Dale K. Galipo to Discuss Your Legal Options With an Officer-Involved Shooting Lawyer
If you or someone you love has been the victim of police brutality, our officer-involved shooting law firm is here to help you demand justice. Discuss your case by calling us at 818-347-3333 or reaching out online.
