Page 60 - North Carolina 2020 Legal Guide
P. 60

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.
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          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
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