Walk It Through: The Takedown
Force only as necessary, deadly force only against an immediate threat, and a claim form before suit.
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. The full duty of reasonable care, department policies, 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.
- Deadly forceForce a peace officer may use only when necessary to protect against an immediate threat of serious physical injury or death, meaning it is objectively reasonable to believe the person has the present and apparent ability, opportunity and intent to cause it.
- Duty to interveneAn on duty peace officer's duty, on witnessing another officer using or attempting excessive force, to intervene when in a position to do so and to render aid to anyone injured.