POLICE Magazine

JUN 2019

Magazine for police and law enforcement

Issue link: https://policemag.epubxp.com/i/1129771

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Page 46 of 124

44 POLICE JUNE 2019 OBJECTIVELY REASONABLE F or 30 years, the law has re- quired that police use of force be judged by the United States Supreme Court decision known as Graham v. Connor 490 U.S. 386 (1989). Graham was a game chang- er, and it established "objectively rea- sonable" as the standard for use of force. Some agencies revised their policies based on Graham soon after the deci- sion was published. Others took years, even decades, to catch up. Some are still out of date. Police tactics experts Joe Callanan (retired lieutenant, Los Angeles Coun- ty Sheriff's Department) and Curtis J. ("Jeff") Cope (retired lieutenant, Hun- tington Beach Police Department) have written: "Prior to the establishment of the objectively reasonable standard, most states simply relied on penal codes or other statutory criteria. Common to these earlier standards were the defined terms of 'reasonable and necessary.' In modern times, 'reasonable and neces- sary' can still be found in police policy statements, training materials, and a host of 'after action critique' protocols. e continued use and acceptance of this outdated terminology serves to mask the current state of the law and confound the ability of the police work force to safely and effectively perform high-risk responses during peak-stress situations that are typically 'tense, un- certain, and rapidly evolving.'" It is vital that chiefs know and ap- ply current law as they update their policies. e Supreme Court ruled in Graham that: • All claims that law enforcement offi- cials have used excessive force—dead- ly or not—in the course of an arrest, investigatory stop, or other "seizure" of a free citizen are properly analyzed under the Fourth Amendment's "ob- jective reasonableness" standard, rather than under a substantive due process standard. • e Fourth Amendment "reasonable- ness" inquiry is whether the officers' actions are "objectively reasonable" in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. e "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a partic- ular situation. • "[t]he test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application," Bell v. Wolfish, 441 U.S. 520, 559 (1979). Its proper application requires careful attention to the facts and circumstances of each particu- For more information and to order, visit www.narcankit.ca PERSONAL CARRY, now the standard in Naloxone nasal spray deployment for law enforcement. Purpose built, tested and endorsed by and for law enforcement. The only insulated carry solution, multiple sizes and deployment options (belt and vest). NARCAN ® Nasal Spray is not included. NARCAN ® is a registered trademark of Adapt Pharma Operations Ltd. In need of a TRAINING DEVICE to instruct opioid overdose rescuers on the proper administration of 4mg Naloxone nasal spray? J TACTICS AND TRAINING PHOTOS: GET T Y IMAGES

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