Walk It Through: The Takedown
Objectively unreasonable force barred, four conditions for deadly force, and six months' written notice.
An officer stops a delivery driver who matches the description in a robbery call, and the driver pulls away from the officer's grip.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and one driver. Firing at moving vehicles, impact munitions, and federal claims are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Excessive forceAny force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or fleeing.
- Neck restraintA restraint the chapter defines to include chokeholds, carotid restraints and lateral vascular neck restraints, prohibited unless immediately necessary to protect the officer or another person from death or serious bodily injury.
- ObstructionKnowingly obstructing an officer in the performance of duty without just cause, a Class 1 misdemeanor. Resisting arrest is defined as fleeing to prevent a lawful arrest, after the officer applies physical force or communicates that the person is under arrest.