The Use of force by law enforcement
Alphonso Jones
ECPI University

Eng 120: ADVANCE COMPOSITION
Professor Amity Brown
10/16/2014
The use of force by Law Enforcement
What is the reason for the use of force by law enforcement? The use of force can be that of one’s race, more against minorities and the weapons that are being used seems to play a factor in the use of force. The use of force by law enforcement is becoming a large topic in today news. There have been several killings, beating, use of pepper spray, Taser guns, guns, and baton use. What is the use of force? The website Case Law 4 Cops states, “Excessive force means the physical force that exceeds the degree permitted by law or the policies and guidelines of the law enforcement agency. The use of excessive force shall be presumed when a law enforcement officer continues to apply physical force to a person who has been rendered incapable of resisting arrest.”
There are many stories about the use of force by law enforcements for example here in Charlotte, NC recent accusation of use of force with the police occurred one morning in September 2013 around 2:20 am. A call came from the Bradley farm development in an upscale part of north charlotte. The call came from a woman that stated that she had a black man at her door that was knocking loudly. The woman stated that she was thinking that it was her husband when she opened the door but closed it quickly when she noticed that it was not her husband and called 911. Three uniformed police officers responded to the call including Officer Randall Kerric. Upon arrival on the scene, the officers stated that 24 year old Jonathan Ferrell charged at them which led to one of the officers using a teaser to stop Jonathan but that did not work. Officer Randall Kerric, 27 then open fire on Jonathan. The officer emptied his gun on Ferrell which meant 12 shoots were made towards Ferrell and 10 hit him. After the shooting the investigators found out that Ferrell traveled to that house seeking help after being involved in a car accident. The investigators found that the officer at the time had not finished his gun safety training so he was charge with voluntary manslaughter. The NAACP is stepped in saying that the police is to anxious now and not finding out the story but only using excessive force.
There is the case of Tennessee v. Garner, 471 U.S. 1 (USSC) (1985)-The use of deadly force to stop a fleeing felon is not justified unless it is necessary to prevent the escape, and it complies with the following requirements. The officer has to have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. In reading the story Mr. Garner had broken into someone’s home and the Officer at the time was dispatched out on the call. After calling out to Garner to halt, Garner began to flee and hop the fence and try to escape. Officer Hymon never saw a weapon, but in the haste to stop, fired his weapon and shot Garner in the back of the head thus killing him. He later died at the hospital.
There is the case of a NY man being choked by NYPD. The story stated that Mr. Eric Garner was outside a New York store when an officer approached him. After backup arrives the video shows an officer chocking him from behind, taking him to the ground by several other officers. After minutes has gone by the video shows Mr. Garner on the ground not moving, showing no signs of life. As you can see in the video Mr. Garner was pleading his case and saying he didn’t do anything and that he wanted to be left alone. He also stated that he was tired of them messing with him and that they were harassing him. The argument is that from the video we see that Mr. Garner did not commit any crime and that the officers that were on the seen were just waiting for backup to show up. Did the officer have the right to use the use of force to restrain this man, and after hearing him plea and say “I can’t breathe” should that been enough?
Then there’s the case where a Syracuse man was Tasered by an officer because he refused to sit down on the bus when asked. Mr. Huelet say that he had ridden a bus earlier that day and he stood on that bus as well and wasn’t ask to sit down. For whatever reason the officer felt it necessary to Taser him and then he was dragged off the bus and yet tased again before being taken to jail. Mr. Huelet says he plans to sue the county, the bus station and the police department for the action that they took towards him. Did they have the right to take the action they did to him? I feel as though they used the use of force on a handicap person in the wrong opportune moment. Whether or not we can see if there were anyone else standing him makes the claim that others were standing and that they weren’t not ask to sit.

Deorle v. Rutherford, No. 9917188ap (2001) (9th Cir.)-The use of less than deadly force, in this case a bean bag shotgun round, that can cause serious injury may be utilized only when: * There is a strong government interest that warrants its use, and * When feasible verbal warnings of its use are given. Here we have a case of where a man was shot with a beanbag gun in which he lost his left eye and also leaving lead shots implanted in his skull. Mr. Deorle had become delusional and upset at the fact of him having to have Hep C and also consumed a half-pint of vodka and prescription drugs. His wife called for help to assist with her husband Officers were dispatched to his address along with the SIRT team to also help as well. Even though Mr. Deorle had issues he was still cooperative with their instruction when asked. After the last command for him to put down the hatchet he began to walk toward Officer Rutherford who had the weapon braced himself up against a tree and presumed the position to fire. Without warning he fired at Mr. Deorle, thus shooting him in the eye knocking off his feet onto the ground. The use of force was used because there was no warning shots fired nor were there any commands for him to halt or stop before reaching the predetermined point of firing.
In conclusion the reason for the use of force by law enforcement can be a deadly thing in which lives or taken, people seriously hurt, the loss of limbs and brain damage to individuals. Taking the necessary steps to prevent such use should be highly recommend to officers whether they using unarmed self-defense, Tasers, baton’s and guns. Lives can be saved and better action can be better administered if officers would take the time and go the extra mile and presume safety.

References

http://www.youtube.com/watch?v=M7MiGRJL2r8 http://www.youtube.com/watch?v=j1ka4oKu1jo http://www.youtube.com/watch?v=M7MiGRJL2r8
http://www.caselaw4cops.net/use_of_force/use_of_force.htm