Page 60 - North Carolina 2020 Legal Guide

Task: Use of Force

Graham v. Connor, 490 U.S. 386 (1989).

All uses of force in arrest and seizure of a free citizen are judged by

4 Amendment’s objective reasonableness standard.
th

Objective Reasonableness Analysis Considers:

• Severity of offense suspected.

• Did suspect pose an immediate threat to the officer or others.

• Is suspect actively resisting or attempting escape

Note: Judged by totality of circumstances known to officer at the

time the force was used.

• Step into the shoes of the officer.

• 20/20 hindsight is not considered in reasonableness inquiry..

©2020 Jack Ryan Legal & Liability Risk Management Institute 59