Use of Deadly Force by an Officer

California Police Brutality Lawyer

The United States Supreme Court has held that deadly force may be used only to stop a subject where the following is true:

  1. They pose a threat of injury or death to an officer or others
  2. They are attempting to evade capture

This limitation on the use of force, and the corresponding right of the individual to be free from being subjected to such force, derived from the Fourth Amendment to the United States Constitution, supersedes any state law provision that might otherwise sanction the use of deadly force in less-threatening situations.

Establishing that Deadly Force Was Not Warranted

Cases involving the use of deadly force can arise in several factual scenarios:

  • The subject may be armed with a weapon, but not posing an imminent threat to the officer or others.
  • The officer may claim that the subject appeared to be armed when the subject in fact was not armed.
  • The subject may simply be running away, posing no apparent threat to anyone.

In proving an excessive use of deadly force, police abuse lawyer, Scott D. Hughes, can seek to establish that any reasonable officer, faced with the same circumstances then facing the defendant officer, would not have used deadly force. In order to do this, Scott D. Hughes must demonstrate that the objective facts confronting the defendant officer at the time were insufficient to justify the use of deadly force.

Contact Attorney Scott D. Hughes for Aggressive Representation

Attorney Scott D. Hughes is highly knowledgeable when it comes to police training and tactics during arrests. He can investigate you or your loved one's case and utilize his experience to your advantage. He is a qualified California police abuse defense attorney who has practiced in both State and Federal Courts. Take action today and get the legal defense you deserve by calling (714) 987-2671!

Schedule your free case consultation with an experienced California police abuse attorney today.

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