Use of force and discovery in legal proceedings

Force & Discovery

Use of Force and Discovery

Use of Force: What has the United States Supreme Court ruled regarding the use of force?

In Tennessee vs Garner, the U.S. Supreme Court held that when the suspect flees or forcibly resists arrest, the officer might use all the means at his disposal, including the use of force. In the case of Tennessee vs. Garner, the officer used deadly force against a suspect despite being reasonably sure the suspect did not pose an immediate danger to the police, the suspect did pose a potential danger. Also, in Graham vs Connor the court looked at Graham v Connor and determined the use of a police service dogs on a misdemeanant was reasonable under the circumstances

According to Illinois law, what is the appropriate level of force to be used against a person resisting arrest on a traffic charge?

The police can pursue the suspect in a vehicle or on foot and cause the suspect to submit to the officers if the offender imposes a danger to him or herself, the officer, or the public at large.

Can a police officer that encounters someone who is forcefully resisting arrest use a higher level of force to cause submission?

If the officer expects the individual may react violently, based on past or present behavior during the arrest or if the officer possesses knowledge based on past or present behavior that the subject may pose a danger to the officer, him or herself, or the community.

If a police officer uses inappropriate force during the performance of his duties, does the person injured have any recourse? If so-under what laws can he be assured of recourse?

A person is not authorized to use force to resist an arrest even if the person believes that the arrest is unlawful and the arrest in fact is unlawful, but can later sue the department for violation of his or her civil rights, in civil court, or for assault in criminal court.

Discovery: In what ways would discovery alter an investigator's methods of investigating?

Discovery that can be submitted into the law must be commensurate with discovery laws regarding dispositions, spontaneous admissions, and investigative questioning. When collecting data, the investigator must be careful not to leave him or herself open to charges of tainting witness testimony, and must share all potentially relevant testimony with opposing counsel.

Are there any exceptions to this rule?