Police Use Of Force: A Case Study

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On November 22, 2014, the City of Cleveland Division of Police Communication Center received a 911 call stating that there was a “guy in the park with a pistol, pointing it at people.” Officers Thomas Loehmann and Frank Garmback “proceeded to the park in their vehicle, jumped the curb, traveled across the grass and came to a stop near a gazebo where the individual matching the description provided by dispatch was standing.” Video surveillance shows Officer Loehmann exiting the vehicle at a distance of 4.5 to 7 feet of the suspect with his firearm drawn. Within two seconds of exiting the vehicle, Officer Loehmann discharged his firearm striking the suspect in the abdomen. The suspect was later identified as twelve-year-old Tamir Rice who was in the possession of a toy gun at the time of the incident. …show more content…
Cases involving use of force – including use of deadly force – implicate a person’s Fourth Amendment right to be free “against unreasonable searches and seizures.” The determination of whether a use of force is excessive requires the court to establish whether an officer’s actions were “objectively reasonable” given the totality of the circumstances. Critics argue that this standard has the practical effect of giving officers unfettered discretion in their interaction with civilians because it does not allow the court to second-guess the judgement of law enforcement officers and make it nearly impossible to prove that an individual’s Fourth Amendment rights were violated. Specifically, this inquiry ignores the fact that an officer’s conduct may have contributed to his need to

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