The Types of Conduct that Constitute Excessive Force
The Fourth Amendment to the U.S. Constitution prohibits the use of any force that is not reasonably necessary under the circumstances. The Supreme Court has long held that what qualifies as unreasonable force varies with the circumstances of each case, and that police must engage in a balancing test, looking at:- the need for an application of force.
- whether the amount of force used was consistent with that need.
- the seriousness of the injury inflicted.
- whether the force was used in a good faith effort to maintain and restore discipline or order, or maliciously or sadistically for the primary or exclusive purpose of inflicting harm.
Actions That Qualify as Police Brutality
Any level of physical force, if unnecessary to affect an arrest or detention, or if used against someone already in custody, can be considered police brutality. This includes:- Pushing you into a police car when you are going willingly
- Using a baton, mace, spray, taser or stun gun
- Hitting, kicking, punching or choking
- Use of deadly force when circumstances do not call for its use