Understanding The Use of Deadly Force and Your Rights
Police officers must protect themselves and the communities they serve.
Encounters between police and citizens happen often and although many end peacefully, some turn tense, evolve rapidly, and lead to a police officer using deadly force to apprehend a suspect.
What is Deadly Force?
Deadly force is defined as the force that a reasonable person would conclude likely to cause serious bodily harm or a fatality. It is only justified under extreme necessity and where other lesser measures have failed or cannot be used. Understanding your rights, and when police officers can use deadly force, can help you determine whether you can file a police shooting lawsuit to seek compensation for injuries sustained or the death of a loved one following a deadly encounter with the police.
Self Defense
Most instances of the use of deadly force occur in self-defence. Police officers use it while defending themselves, other police officers, or citizens. They may use it only if they reasonably believe deadly force is the best way to defend themselves and others from what they reasonably believe is the use of deadly force by the other person, or its use is imminent.
Reasonable belief is objective and subjective. Being subjective means the police officer must believe using deadly force is necessary. Being objective means another reasonable person would reach the same conclusion if they were in the same situation and had the same training and experience.
Serious Offenses Against Others
Police officers are also authorized to use deadly force if it reasonably appears to be crucial to preventing the commission of a serious offence, such as the detonation of an explosive. The circumstances must present an imminent danger of serious harm or death against a person or persons.
Apprehension
Some states also allow police officers to use reasonable deadly force when apprehending suspects or preventing their escape. However, the officer must believe the suspect has committed a serious offence, is using a weapon or explosive to aid their escape or poses an imminent threat of serious harm or death to the officer or others.
Additional Considerations
Police officers must give a warning, such as an order to stop if the situation allows it, before discharging their weapons. They must also not fire warning shots. The International Association of Chiefs of Police argued in 2017 that police officers should be allowed to do so if they reasonably believe they will reduce the risk of serious harm or death. However, almost all police departments still prohibit the use of warning shots.
Your Rights
Police officers are supposed to protect and not harm you, even when making an arrest. If you are shot in any circumstance, you should talk to an attorney immediately so they can help you determine whether a police officer engaged in wrongful use of deadly force. If they did, you can sue them to recover damages.
Police should refrain from using deadly force but are legally authorized to do so under specific circumstances. However, that does not mean they can violate your civil rights when acting as police officers. All instances should be investigated, and any police officers found to have violated the rules should be held accountable.
