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Council Draft No. 1 Use of Force 1 (August 1, 2016)

handle is hein.ali/prlwplc0015 and id is 1 raw text is: 




                       Principles on the Use  of Force

                               DRAFT   8/1/2016


§ 3.01  Objectives of the Use of Force

      Officers should use force only when  necessary  to effect a lawful

arrest, to carry out a lawful search, to prevent an imminent  physical harm

to themselves  or others, or to prevent serious property damage.

Comment:

      a. Definition of Force. Law enforcement agencies face the unfortunate reality

that some individuals will fail to comply with officer commands and will impede

officer efforts to conduct arrests, traffic enforcement, criminal investigations, and

other policing activities. Force is therefore sometimes necessary to enable officers

to achieve legitimate and important law enforcement ends. As a result, the use of

force is a critical component of a law enforcement officer's role.

      Though  there are many different definitions of force used in law enforcement

law and policy, in these Principles, force refers to physical effort by police to control

or restrain a person, or to seize, examine, or damage property. It does not include

non-physical efforts by police to influence conduct through commands, warnings, or

persuasion, although those efforts can be used to control and person and can be

used to avoid the need to use physical force.

      b.  Definition of Deadly Force. Deadly force refers to physical force that

creates a substantial risk of death or serious physical injury. Both law and policy