Chief’s Counsel: Reviewing Use-of-Force Practices

The basic rule of law regarding the use of force is that any use of force must be objectively reasonable under the totality of the circumstances in which it is employed.1 This has not changed. However, what the courts are willing to consider when determining reasonableness appears to be expanding.2 With this in mind, police agencies must be cognizant of what factors to consider when using, documenting, and investigating force. Assuming officers should or will receive the benefit of the doubt in a use-of-force encounter is no longer a sound strategy, if it ever was. The spectrum of circumstances that could impact a use-of-force incident are far too numerous for one article. Hence, this column reviews some general factors to help frame a review of agencies’ current practices.