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August 15, 2024

What Is Excessive Force by Police?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Did you know that of the 660 incidents of police excessive force in California in 2021, the most common type of force used was being shot (233 incidents)? There were only four excessive force cases involving pepper spray and 22 with a baton or “nightstick.” No matter the type of violence, excessive force by police sadly remains a public health hazard in California. 

As California police brutality lawyers, we hear far too many stories of unnecessary force by law enforcement officers, and we are ready to represent the rights of victims.

Constitutional Rights and Protections Against Excessive Force by Police

The Fourth Amendment to the U.S. Constitution guarantees the right to be free from unreasonable searches and seizures, which includes the use of excessive force. This means that police officers cannot be more aggressive than is necessary to accomplish a legitimate law enforcement purpose. But what is considered “reasonable?” This is where victims often meet the blue wall of silence.

To further strengthen your rights, the Supreme Court has set forth the “objective reasonableness” standard for law enforcement as well. This standard requires that the force used by police officers should be judged from the perspective of a reasonable officer on the scene, considering the facts and circumstances known to the officer at the time. In essence, excessive force claims are evaluated by considering whether a reasonable officer would have acted the same in that situation.

The Use of Force Spectrum in California

In California, law enforcement uses a “force spectrum” that outlines the range of options available to officers in different situations. This system is designed to guide officers in using the appropriate force based on the threat they are facing. The spectrum varies from department to department but generally looks like:

• Officer presence
• Verbal judo
• Pepper spray
• Tasers
• Batons
• Restraint techniques
• Less-lethal weapons (bean bag bullets, rubber bullets)
• Deadly force only when necessary and justified

Not every police department has the same set of weapons issued. For example, not every department has rubber bullets or uses tasers. Additionally, some weapons are only in the possession of a supervisor. 

Common Types of Excessive Force Injuries

Excessive force by police can result in a wide range of injuries ranging from severe to deadly. Common types of injuries from excessive police force include:

• Emotional and psychological trauma
• Bruises, cuts, and abrasions (wrists especially)
• Broken bones
• Head and neck injuries
• Internal injuries

Legal Actions Against Excessive Force

Victims of police brutality have the right to file civil lawsuits and pursue criminal charges to hold the police accountable. You can also file reports with police internal affairs divisions and community oversight boards. Remember – the police do have a degree of immunity for basic neglect in the line of duty. 

Contact and Find Support from California Police Brutality Lawyers Today

If you have been a victim of excessive force by the police in California, we can help you stand up for your rights. Help hold the police accountable and hopefully prevent that officer or department from ever using excessive force again. Pointer & Buelna LLP: Lawyers for the People are dedicated California police misconduct lawyers standing by the get in the ring with you. 

To book a no-cost case review and get trusted legal advice, contact us now.

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