Use of Force in Law Enforcement: Standards and Policy

Introduction: The Gray Area of Police Force

The controversy surrounding Professor Henry Louis Gates, Jr. — a respected Cambridge professor who happens to be African-American — and Sgt. James M. Crowley, a police officer who arrested him at his home after a neighbor reported a possible break-in, is just one example of the uncertain gray area officers must navigate when deciding whether to use force. When criticized for his mistake, the officer took offense, the exchange became heated, and the incident escalated into a national controversy that reached the White House. President Barack Obama remarked at a press conference that the police had acted "stupidly," turning what began as a local dispute into a matter of national debate. The New York Times observed that "Police departments issue their officers Kevlar vests to stop bullets, and thick helmets and even shields to protect them from bottles and bricks. But there is nothing in the equipment room to give an officer thicker skin" (Wilson & Moore, 7/24/09).

The article further notes that training makes the difference between an officer who is thin-skinned and allows offensive language to wound him and one who can ignore such remarks. "The line of when to put on handcuffs is a personal and blurry one, varying among officers in the same city, the same precinct, even the same patrol car," Wilson and Moore remind readers. In Los Angeles, one officer acknowledged that enduring hostile language was simply part of the job — a person is rarely at their best when confronted by police during a conflict. Officers in Brooklyn offered a different view, stating that they prefer to maintain control of a situation and are reluctant to lose face in public. Still, all the officers agreed that when the officer is himself the source of the conflict, the officer should disengage. One detective observed that an officer cannot arrest everyone who is technically abusive: "you've got to know which battles to fight" (Ibid.).

Law enforcement is one of the most misunderstood professions. The general public both reveres and fears the police officer, and popular media distorts the concepts and duties of law enforcement so thoroughly that it is difficult to separate reality from fiction. From officers' own perspectives, there is also much that is misunderstood about how they view their jobs and the citizens they have sworn to protect. Modern law enforcement agencies are working to dispel myths and misconceptions, offering valuable training and knowledge to new recruits that will help them understand their true mission, their duties, and their responsibilities toward fellow citizens.

To carry out these responsibilities, officers must be trained in the use of deadly weapons and other defensive tools. They also learn proper legal terminology and the problems that misunderstanding that terminology can cause in the community. They learn their legal limits and rights, how to carry out their duties in a lawful manner, and how to document their actions — documentation that can prove invaluable in legal and community proceedings. They also learn how positive interaction with members of the community, the media, and the press can improve their effectiveness.

Reporting on the use of force is one means of managing risk in an officer's duties. Understanding the standards for reasonable force, studying the mistakes of the past, and applying that knowledge to reporting and weapons use is part of every young officer's training. Learning the standards for force reporting and how to prepare compliant reports helps improve officer safety.

New weapons for subduing suspects while keeping officers safe have emerged in recent decades. The Taser is a handgun-sized device that can stun an unruly suspect with 50,000 volts of electricity from up to 18 feet away; although it has occasionally proven lethal, it is classified as a less-lethal weapon. Officers may also deploy a baton, flashlight, stun gun, pepper spray, or mace. Tear gas and rubber bullets are seldom used. Lethal weapons such as rifles and handguns are part of an officer's arsenal to be used only as a last resort. Both lethal and less-lethal devices are frequently misunderstood by the public, and an officer must be aware of community perceptions whenever one of these tools is employed.

During a law enforcement career, it is nearly certain that a question will arise about whether to use any of these weapons and, if so, how much reasonable force is necessary when arresting criminal suspects. Because an arrest and subsequent investigative detentions constitute seizures of persons and property, they are governed by the Fourth Amendment to the U.S. Constitution. In most urban and suburban areas, the use of deadly weapons and force remains a deeply inflammatory issue. If police are still shooting unarmed suspects as frequently as in the past, then new training methods and policy procedures are not working. Enforcement officers must demonstrate probable cause to make a valid arrest, and the manner in which arrests are carried out must be not only justified at their inception but also executed with "reasonable" force (Hall, p. 1).

The word "reasonable" recurs throughout all courts of law, since the Constitution and related codes state that force may be used only when constitutionally reasonable — to arrest suspects considered dangerous or to defend life when necessary. The Fourth Amendment's standard of "reasonableness" is deliberately not defined with "precise definition"; instead, each individual case must be viewed on its own facts, from the perspective of a reasonable law enforcement officer at the scene, accounting for the reality that split-second judgments must often be made "in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation" (Graham, pp. 396–397).

In deciding what level of force is reasonable, the Supreme Court has held that relevant factors include "the severity of the crime," "whether the suspect poses an immediate threat to the safety of the officers or others," and "whether the suspect actively is resisting arrest or attempting to evade arrest by flight" (Hall, p. 1).