What is Unreasonable Force?
When we hear about cases of police brutality or excessive force, the term “unreasonable force” often comes up. But what exactly does unreasonable force mean? At the Law Offices of Dale K. Galipo, our team of Los Angeles excessive force attorneys advocates for victims of police brutality every day. Call us at 818-347-3333 to discuss your case.
Unreasonable force happens when law enforcement officers or other authorities use more physical power than needed to handle a situation or arrest someone. This kind of force puts people’s safety and rights at serious risk. Police officers and others in similar roles have the responsibility to only use a level of force that matches the threat they’re dealing with. If they go beyond this, using force that’s not needed to keep things under control, they’re using what’s called unreasonable force. There are many ways we’ve seen this play out in the public eye in recent years, and we’ll explore those examples later.
Legal Framework Surrounding Unreasonable Force
At the heart of our discussion on unreasonable force lies a critical idea in American law: the Fourth Amendment. This amendment is a shield for citizens, protecting them against any form of unreasonable searches and seizures. This includes safeguarding against the excessive force by law enforcement, drawing a clear line between what is acceptable and what is not. Beyond the Constitution, a mix of federal and state laws sets the stage for law enforcement conduct.
Unfortunately, these laws haven’t always been enough to hold police officers to the higher standards that they should be expected to meet. However, having these laws and departmental policies in writing can help victims seek justice with the help of an excessive force lawyer.
Recognizing Signs of Unreasonable Force
Spotting the signs of unreasonable force can be tricky, particularly in moments filled with tension and urgency. However, there are certain red flags that might suggest force is being used excessively. Physical force that seems over the top, like hitting, kicking, or the unnecessary use of weapons, is a major indicator. Additionally, if an officer resorts to verbal abuse, uses threatening language, or displays bias against someone’s race, gender, or any other personal characteristic, these behaviors may also signal unreasonable force. These actions and ways of speaking are a good sign that an officer is acting based on emotion, rather than accurately assessing the threat level and responding appropriately. To put it simply, if an officer’s actions escalate a situation rather than deescalating it, they may be using an unreasonable amount of force.
It’s vital to listen to your gut feeling in these situations. If something feels off, it could very well be an instance of force going beyond what’s necessary. Remember, every individual has the right to be treated fairly and with dignity by law enforcement. When these boundaries are crossed, it’s essential to recognize these actions for what they are: signs of unreasonable force. It’s at this point that you may want to discuss your next steps with an excessive force lawyer.
Examples of Unreasonable Force
To really grasp the concept of unreasonable force, let’s look at some real-life scenarios. Picture a routine traffic stop that suddenly escalates, with an officer using an electrical stun gun on a driver who poses no clear threat. Or imagine a peaceful protest where instead of maintaining order, law enforcement opts for tear gas and rubber bullets against non-violent demonstrators. Again, these responses escalate a situation, rather than alleviating tension. People who are treated in this way aren’t necessarily going to back down. They are going to assume that their lives are in danger and will respond as such.
Consider another example, where an individual is suspected of a minor offense, like shoplifting, but ends up severely injured or worse after an encounter with the police. In these cases, even if an individual was engaging in unlawful activity, they can still pursue justice with an excessive force attorney.
It’s crucial to understand that behind every one of these examples, there are real people and communities impacted by the misuse of power. These are not just isolated incidents but part of a larger conversation about how law enforcement interacts with the people they’re sworn to protect. The use of excessive force doesn’t just result in one victim being injured; it breaks down trust in law enforcement, deepens the divide between law enforcement and the communities they are meant to serve, and leaves communities feeling powerless.
Find Out How the Law Offices of Dale K. Galipo Can Help
At our Los Angeles excessive force law firm, we are passionate about helping victims of police brutality find advocacy and empowerment. Let’s talk about your next steps—reach out online or call us at 818-347-3333.
