Graham V Connor

The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: "(1) apprehension by use of deadly force is a seizure subject to the Fourth Amendment's reasonableness requirement; (2) deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

The U.S. Supreme Court adopted alternative 3. The court believed that the fourth amendment gave police enough power to “freeze” suspicious

A '''use of force continuum''' is a standard that affords law enforcement officials & security officers (police, probation, or corrections) with guidelines as to how much use of force may be used against a repelling subject in a given situation. In certain ways it is similar to the military’s escalation of force. The reason of these models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often vital parts of law enforcement agencies' use of force policies. Although various agencies have developed different models of the continuum, there is no universal standard model (Stetser, 2001, p. 36)

Police have the uncontested right to use force when necessary to apprehend a suspect. If the force exceeds that which is necessary it is defined as excessive force and is illegal. An officer’s discretion on use of force is a based on judgment. They do not know if a judge will later rule an instance of use of force as excessive or not. There is a fine line between what is considered acceptable force and what is considered excessive force. All an

This case mainly deals with the interpretation of our Constitution’s Fourth Amendment, which protects us from unlawful search and seizures. What we can learn from this case are: the differences in court systems, the elements that comprise the Fourth Amendment, and the controversies surrounding it. The text relevant to this case can be found within the first six chapters of our textbook, with an emphasis on Chapter 6 “Criminal Law and Business”.

The use of force is without a doubt an important aspect in policing. The decision to utilize any type of force comes from a multitude of recourses; department policies, training, situational variables and ethical systems. There are three major categories in which an officers use of force is categorized under; justifiable, excessive and deadly; with a thin line between justifiable and excessive. Cases where excessive force has been used, has lead to injuries, deaths, civil damages, officers convicted and sentenced to jail and police chiefs and elected officials being removed from office (Fyfe, 1988). It is an officer`s discretion in determining when the use of force is justifiable.

Beginning in late summer, this country became bombarded with stories in the news about police officers involved in some types of controversy. The controversy that started it all was an incident that happened in Ferguson, Missouri. Since August, there has been much discussion and public debate over whether a police officer’s use of deadly force against an unarmed teenager was justified. On August 9, 2014 a young man named Michael Brown was shot and killed by Officer Darren Wilson after he was stopped for walking in the middle of the street. Was the shooting of an unarmed teenager in Missouri an example of police using excessive force? Who decides what force is recommended or when it becomes excessive? To determine both these questions, we first must define what constitutes specific circumstances as excessive force. Officer Darren Wilson was not guilty of using excessive or lethal force if he felt his safety or the safety of others were in danger or if Michael Brown had surrendered peacefully and without resisting arrest.

In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. The Court found that the officer acted on more than an “hunch” and that “a reasonably prudent

The leading case on use of force is the 1989 Supreme Court decision in Graham v. Connor. In Graham, the plaintiff Graham, a diabetic, asked his friend to drive him to a convenience store to purchase orange juice to counteract the onset of an insulin reaction. Upon entering the store and seeing the number of people ahead of him, Graham hurried out and asked his friend, Berry, to drive him to another friend’s home instead. Defendant, Officer Connor became suspicious after seeing Graham hastily enter and leave the store, followed Berry’s car, and made an investigatory stop ordering the pair to wait while he found out what happened in the store. Berry tried to explain that his friend was having an insulin reaction, but Officer Connor was not convinced. When Connor returned to his patrol car to call for backup, Graham got out of the car, ran around it twice and sat down on the curb, where he passed out.

At final, the Supreme Court vacated and remanded the lower court’s ruling. The Court said that all claims that law enforcement officials have used excessive force whether deadly or not in the course of an arrest, investigatory stop or any other seizure of a citizen are properly analyzed under the Fourth Amendment’s objective reasonableness standard, rather than the under a substantive due process. The court also stated that a seizure occurs when a law enforcment officer terminates a free citizen’s movement by a means interntionally applied. An officer may sieze a person in many ways including: traffic stops, investigative detentions, and arrests are all seizures under the 4th amendmet. To seize a person, an officer may yell, “stop”, handcuff, a baton, or a firearm can be used to comply the subject with officer orders.

The Supreme Court has stated that the calculus of the propriety of an officer’s use of force must include the fact that officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving. Officers who use force in the street are judged under the Objective Reasonableness

the use of excessive force. Many people have witnessed or have become victims of police brutality. In their line of duty, police officers are sometimes faced with threatening circumstances that enable them to make haste decisions when expecting the worst at the same time hope for the best outcome. A police officer is given the power to maintain law and order as well as to take away any right of a citizen when a situation permits (Heydon, 2005). Thus, they have the responsibility to apply the forces in a recommended way. Therefore, police are trained to use the least amount of force necessary to make an arrest by using escalations of force. However, sometimes police exceed the minimum amount required to diffuse an incident or protect them, which leads to misconduct or undue violence when not warranted.

Whenever a law enforcement officer places an individual under arrest or is involved in a deadly force scenario the officer has used some degree of force. The incidents where an office has to make a split second decision and use physical force to control a situation is known as “Use of Force.” The use of force varies as situations present themselves to the officer and they must decide what level of force is necessary to control the situation. Often the use of force is subject to much debate and not a year goes by without some media coverage of some law enforcement officer accused of using excessive force. In dozens of studies of police use of force there is no single,

Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line