Page 24 - TPA Journal November December 2014
P. 24
7 Ways to Stay Out of DOJ’s Crosshairs
and Out of Prison
by Chuck Joyner
As a Peace Officer, how many times have you established a three-prong test to evaluate the
thought about going to prison? Probably none. reasonableness of an officer’s actions. These
But imagine going to work, just doing your job are:
protecting the public, having to use force to 1. Nature of the offense (what brought the
arrest a resisting suspect, only to find yourself, officer and suspect together).
months later, arrested for excessive force, sitting 2. Is the person an immediate threat to the
at a table in a courtroom being referred to as officer or another?
“the defendant” and facing years in a federal 3. Is the person trying to flee or evade arrest?
prison. Of these three, other court decisions have
Officers who have knowingly and deliberately repeatedly stressed the “immediate threat” is the
used excessive force should be prosecuted; just most critical in establishing if the force used was
as all criminal activity should be prosecuted. reasonable. To oversimplify Graham v. Connor,
But what about the many officers who have you are not reasonable if you use a baton,
been falsely accused of excessive force and then pepper spray, TASER in dart mode, or personal
libeled and slandered in the media? How do we weapon strikes on a person who is not an
protect them? In recent years, DOJ has placed immediate threat to you or someone else. You
greater emphasis on identifying and prosecuting are allowed to use those tools if you can explain
cases of alleged excessive force. I was recently how that suspect was a threat.
involved in a trial in which, in my opinion,
DOJ’s prosecution of the officer was clearly 2. Know your department’s use of force policy.
overzealous and unwarranted. Even though the You will be asked about your department’s use
officer was acquitted and another charge of force policy. The jury will be told if you
dropped, it is a tragic, financially devastating, violated your policy. A violation of policy is not
heart-breaking event. I don’t want YOU to suffer the same as a violation of law, but it will be used
a similar fate. against you in an attempt to show you are either
incompetent or a rogue officer.
1. Know the law. Specifically know Graham v.
Connor. 3. When you do use force, use it legally and to
All officers should be intimately familiar with the best of your ability. Solve the problem
this landmark U.S. Supreme Court decision quickly.
regarding use of force. If you are not, your legal I’ve seen a few cases in which officers used
training has failed you, but that is not an excuse. excessive force. But I’ve seen many more cases
Read it now (you can Google it), understand it in which officers did not use enough force.
now, apply it always. Choosing to use less force than warranted
At the least, be aware that Graham v. Connor typically leads to the situation deteriorating and
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