When you’re arrested, the police often use force to detain you. They may pin your arms back or even throw you to the ground. However, if you believe that the police used excessive force against you, then you might be able to sue the office and police agency. Excessive force is considered a form of police brutality, and it is a violation of your rights.

What is Excessive Force?

The Fourth Amendment and the Eighth Amendment both protect Americans from excessive police force. These constitutional rights are to be protected - even when you’re suspected of committing a crime. In the Supreme Court case Tennessee v. Garner, the courts ruled that deadly force must only be used if it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a serious threat.

Excessive force doesn’t just apply to the use of deadly force. Anytime a police officer uses more force than necessary to restrain or detain a suspect, they can be guilty of excessive force.

Police Officers Must Use the Force Spectrum

The courts recognize that criminals must be deterred and apprehended, and that this does not always happen easily. However, police officers are trained to use graduated methods of force to diffuse a situation, including:

• Physical presence: Using an officer’s presence to stop criminal activity.
• Verbalization: Using verbal statements to stop or apprehend the suspect.
• Empty-Hand Control: Using physical bodily force to stop criminal activity. This includes punches, kicks, and grabs.
• Less Lethal Methods: Using non-deadly weapons to apprehend suspects or deter criminal activity, such as tasers, pepper spray, or police dogs.
• Lethal Force: Using lethal weapons such as firearms.

Excessive Force in Washington

In recent years, the topic of excessive police force has been in the news all too often. In Washington, new legislation in 2020 passed to reshape police tactics and oversight of law enforcement. The new law, Senate Bill 5066 came within hours of the conviction of police officer Derek Chauvin on murder and manslaughter in Minnesota. The officer was convicted after he killed George Floyd while attempting to detain him.

The new law requires officers to intervene when they witness a fellow officer engaging in excessive force. The goal is to provide more accountability within the police department to reduce the likelihood of excessive force being used.

What Can You Do If the Police Used Excessive Force?

If you believe that the police used excessive force, you can file a civil rights complaint. You can also file a complaint with the Department of Justice. However, this is easier said than done. Police officers and agencies will fight these claims aggressively. As such, it is best to talk to your criminal defense lawyer and let them know of your concerns. Your attorney can advise you of the best course of legal action to take.

While you focus on building a case to fight against your criminal charges, your attorney can explore the circumstances of your arrest and determine if the police violated your rights during or after your arrest. Your attorney can then help you decide what to do next.

Call Our Seattle Criminal Defense Lawyers Today

The Seattle criminal defense attorneys at Lewis & Laws have defended thousands of individuals who have been charged with a variety of crimes. Contact us today at 206.209.0608 or fill out our online contact form. We can protect your future - call us today! Our law firm is proud to help individuals charged with crimes in Seattle, Bellevue, Everett, and throughout the state of Washington.