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Legally, any use of force by law enforcement must be objectively reasonable, but we should also consider whether it is necessary.
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Officers using pepper spray have to be able to justify that use of force under Graham v. Connor.
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Assembly Bill 392, backed by anti-police activists, has been called the toughest standard in the nation for when police can use deadly force. It was written months after Sacramento police shot Stephon Clark, a vehicle burglary suspect, after a foot pursuit when they mistook his cell phone for a gun.
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Attorney Missy O'Linn explains her "Constitutional Law Crate," which she created as 11 flash cards assembled into a cube, or crate, to give officers a way to remember the most imperative information when testifying in court, such as the three levels of force and Graham v. Connor.
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The bill — which was authored by Assembly member Shirley Weber (D-San Diego) and Assembly member Kevin McCarty (D-Sacramento) — was referred by the Senate back to Senate Rules Committee on Thursday.
Read More →Under the legislation, officers would only be allowed to open fire if “there were no other reasonable alternatives to the use of deadly force."
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The 1989 case of Graham v. Connor is an example of how the actions of one officer can start a process that establishes law. Using the Graham standard, an officer must apply constitutionally appropriate levels of force based on the unique circumstances.
Read More →The civil-rights suit, filed in U.S. District Court, contends the changes have effectively created “hesitation and paralysis” among officers, stripping them of their constitutional and legal right to make reasonable, split-second judgments in the line of duty.
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