People often summon police officers to respond to dangerous situations. These situations can vary dramatically, from a civilian experiencing a mental health crisis, to an armed suspect threatening innocent bystanders, to crowds starting to riot. Even when law enforcement officers use their deescalation training and other experience to attempt to resolve a crisis peacefully, there are still many emergencies where officers must use force to protect the public, enforce the law, and keep the peace. Moreover, police departments train officers to make decisions based on the Use of Force Continuum, which helps guide their actions in different types of scenarios.
The Fourth Amendment Restricts an Officer’s Use of Force
When police officers have a lawful basis to seize an individual, they also have the right to use some degree of physical force, or a threat of physical force, to bring that seizure into effect. This decision is often guided by the Use of Force Continuum established by law enforcement agencies.
Still, when law enforcement officers use force to restrain an individual, the Fourth Amendment requires the application and amount of force used to be reasonable, considering the situation facing the officer at the time of the seizure. Generally, these considerations include:
- The severity of the crime at issue,
- Whether the suspect poses an immediate threat to the safety of the officer or others.
- Whether the suspect is actively fleeing or resisting arrest.
For example, if a suspect makes violent threats against many people in his apartment complex, including death threats and threatening to blow up the building, and the suspect resists the arresting officer’s order to turn around and put his hands behind his back, police officers can use pepper spray to subdue him without violating the man’s clearly established Fourth Amendment rights. Drew v. City of Des Moines, 111 F.4th 881 (8th Cir. 2024). But when a suspect is already restrained and is not fighting or otherwise resisting, officers may not use additional force such as choking, kicking, punching, or pepper spraying the suspect. Tatum v. Robinson, 858 F.3d 544 (8th Cir. 2017).
Additional Restrictions on Deadly Force
The Fourth Amendment gives special protections against a police officer’s use of deadly force. Importantly, the Use of Force Continuum is designed to guide officers in escalating or de-escalating their response according to the threat level and circumstances.
- An officer may not use deadly force unless the officer has probable cause to believe the suspect poses an immediate threat of death or serious bodily injury to the officer or others. Officers can infer that a suspect is inherently dangerous if the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Arnold v. McClinton, 112 F.4th 598 (8th Cir. 2024).
- If feasible, the officer should warn the suspect before using deadly force (although a failure to warn does not automatically render the use of deadly force unreasonable). An officer’s repeated demands to drop a weapon and the use of non-lethal rounds provide adequate notice to a suspect that the officer might use deadly force if the suspect takes any action the officer perceives as escalation.
- Generally, even if a suspect is armed, the suspect does not pose an immediate threat of serious physical harm to others if he or she does not point the firearm at anyone or otherwise wield it menacingly. However, in dangerous situations where an officer has reasonable grounds to believe that there is an imminent threat of serious harm, the officer may be justified in using a firearm before a subject actually points a weapon at the officer or others.
Missouri Restrictions on Deadly Force
In Missouri, state law puts additional restrictions on a law enforcement officer’s use of deadly force. Under Missouri Revised Statutes section 563.046(3), deadly force is justified if other statutes allow it (such as self-defense or defense of others). It is also justified when the police officer reasonably believes it is immediately necessary in order to place a suspect under arrest or to prevent a suspect’s escape from custody and the officer also reasonably believes any of the following:
- The suspect has either committed or attempted to commit a felony offense involving the infliction or threatened infliction of serious physical injury.
- The suspect is attempting to escape by using a deadly weapon or dangerous instrument.
- The suspect is “otherwise” a danger to life.
- Unless immediately arrested, the suspect may inflict serious physical injury on the officer or others.
If none of these conditions are present, the Missouri statute prohibits an officer’s use of deadly force. To sum up, understanding the Use of Force Continuum is crucial for both law enforcement and the public when evaluating these statutes and real-life scenarios.
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