Police officers are not allowed to use a greater degree of force than necessary. But when does “reasonable force” cross the line, and slide into the realm of excessive force? Where is the boundary between an appropriate response, and outright police brutality?

Police officers are supposed to follow use-of-force continuums set by their departments. Generally speaking, as the level of danger increases, so does the degree of force which is considered permissible. Though protocols may vary slightly, they typically follow a similar model, guiding officers on how to conduct themselves and respond to certain actions. Ignoring protocols for the appropriate use of force could lead to police brutality during arrests if officers wrongfully hit, kick, restrain, or threaten those they are arresting, potentially entitling victims to damages from a civil suit, even if their criminal cases are unaffected.

For help with your case from the Liberty Law Team, call our Philadelphia criminal defense lawyers at (215) 826-3314.

The Use-of-Force of Continuum and Police Brutality

While there is no single, nationally accepted use-of-force continuum, law enforcement departments typically have guidelines to follow to dictate how they should act in certain situations. Typically, the first show of force is simply the officer’s presence, followed by verbal commands, physical restraint, less-lethal force, and, finally, lethal force. Jumping from one level to another and skipping stages could lead to police brutality or law enforcement using unwarranted force for the situation.

Law enforcement agencies are supposed to use a use-of-force continuum as a guideline, especially in escalating situations. Failure to follow such protocol could constitute police brutality, which is the use of excessive force against civilians by law enforcement. Police officers should have the proper training to know not to skip straight to using less-lethal force after giving a verbal command, as that would be excessive.

Police officers do not have unchecked power and they typically cannot use physical force against you unless doing so is necessary because you pose a physical imminent threat to the officers or others around you. Doing so could be in violation of your rights.

Unfortunately, the risk of injury is high when police officers disregard instructions for escalating the use of force. In fact, no matter what type of force is used by the police, individuals are more likely to suffer injuries if struck with a fist than with a PR-24 police baton. In any event, the chances of a suspect being injured are greatest when the officer uses his fists, hands, arms, feet, or legs during the encounter, such as when attempting to restrain a suspect physically.

How Common is Police Brutality During Arrests?

The reality of police brutality has become clearer in recent years, despite a 2022 special report from the Bureau of Justice Statistics regarding contact between the public and the police seemingly showing that excessive force among law enforcement is relatively rare.

According to the survey, about 2% of persons who had contact with the police experienced the threat of force or actual nonfatal use of force in 2022. In reality, it can be difficult to know the actual scope of the issue since officers might report different arrest scenarios than the individuals they arrest. Furthermore, reporting police brutality and having those reports taken seriously by law enforcement can be challenging, especially if you experienced excessive force while being arrested for a crime you go on to stand trial for and are convicted of.

What Could Police Brutality and Violating the Use-of-Force Continuum Look Like?

Skipping steps in a police department’s use-of-force continuum could take many forms, and our lawyers can help you identify if law enforcement’s actions constitute police brutality.

For example, common examples of excessive force include unnecessarily kicking, punching, or hitting someone, improperly using weapons like Tasers, pepper spray, batons, and firearms, wrongfully restraining someone to restrict their breathing, and even threatening any of these actions without reason.

Many people assume that police officers have the right to treat others how they please, especially when arresting someone. That is not the case. There are protocols officers must follow, and you have rights they must respect.

What to Do if You Experience Police Brutality During an Arrest

Any time you have contact with the police, whether you were just arrested or informally questioned, do not assume they have your best interest in mind. If you experience excessive force or the threat of injury from law enforcement, tell our layers immediately.

The most important thing to do is pay attention to officers’ actions. If things seem to escalate quickly, do your best to pay attention. Listen to officers’ instructions, as ignoring them could be seen as an excuse for law enforcement to use physical force to restrain you, which could lead to worse injuries. Speaking to law enforcement about their conduct without our criminal defense lawyers present is inadvisable, as you may be rightfully upset and emotional.

Experiencing police brutality does not automatically mean that the charges filed against you will be null and void. However, if law enforcement obtained any evidence through their use of excessive force or threats, it may be inadmissible in court, leading to the charges against you getting dropped.

Even if it does not affect your criminal case, officers using excessive physical force against you and injuring you could entitle you to file a civil claim for damages. If you are still facing criminal charges after an arrest, our attorneys will focus on that case so you can recover, both physically and emotionally, at home and not in a jail cell.

The majority of investigations into whether an incident constitutes police brutality do not yield favorable results for the complainant, which highlights the importance of having aggressive legal representation on your side.

Contact Our Criminal Defense Lawyers if You Were Arrested

For a free case review from our criminal defense lawyers of Philadelphia, call the Liberty Law Team at (215) 826-3314.