Under what circumstances can a policeman hit you with the fist or any object?

Question

What is just cause for a policeman hitting you? If you are in a police chase because you were driving to endanger, at what point when the police arrest you are they authorized to hit you? Is there some standard to go buy on the books? Should you be taken to the hospital by ambulance or can the police take you when they hurt you? Incident occurred in Salem NH in May.

Answer 1

Without going into several hours worth of classroom lecture, the general rule is the police can use a reasonable amount of force to overcome resistance or prevent an escape. The officer does not have to wait to be assaulted before he can use force.

Levels of force used by the police are typically presence, verbal commands, physical control (escort holds, pepper spray, taser), serious physical control (baton, focused strikes, K9 bite), and deadly physical force.

You can skip lower levels of force if they have already failed or are not likely to work. The courts evaluate reasonable by what another officer with similar training and experience would have perceived.

Deadly force can be used when the officer reasonably believes somebody is at risk of serious physical injury or death, or to prevent the escape of somebody who poses an immediate threat. An example of this would be the guy shooting at police, or the guy running toward the school with a gun in his hand.

The key is the officer can only use the minimum amount of force necessary to stop the threat, and once the resistance stops, the force stops.

Another thing to remember is that if the level of force is justified, any injury to the suspect is considered his fault. For example, the cop tells you you're under arrest. You ball up your fists and tell the officer you're not going to jail. He uses a taser and you fall over and crack your skull on the pavement. The officer was not justified in cracking your skull, but it was accidental and caused by your actions, so he is not liable for the injury.

If you sustain an injury in the encounter, the police will probably take you to the hospital and get your boo-boo looked at, unless there is something life threatening, i.e. gunshot wound, then you get an ambulance ride.

Bottom line is this...when contacted by the police, do what you're told. If you think the officer is wrong, it will be sorted out later by his supervisors or the courts. Go with the program and you'll be fine. Sorry for the long winded answer.

Answer 2

Police can use force in three instances, to effect an arrest, to prevent escape, and to overcome resistance. A strike (with a fist or any other handy object) is usually called for when the crook is "aggressive and/or combative" meaning if somebody who is on their way to jail takes a "fighting stance" and actively tries to strike the officer, he is completely justified in striking the suspect. For some reason most people feel that police officers have to be punching bags or bullet catchers for criminals before we can use force. That's just not the case. As has been said many times, Do what you're told and everything will be just fine.

Answer 3

A police officer has the authority to use force whenever he feels that the only way to subdue and neutralize a threat is through the use of force. If someone is not minding his commands, he has the right to use force to subdue a suspect.

If there's a medical emergency, police call an ambulance to ensure that trained personnel provide the needed medical treatment to a subject. However, police will accompany suspects in the ambulance.

Answer 4

There is actually a written standard for many departments, typically called a Use of Force Matrix, listing events and the deemed appropriate levels of force an officer can/should use to respond to those events. The specific incidents and responses vary some from state to state and city to city.

Answer 5

Dogguy apparently left his long winded answer before reading your other post. Your son had six officers there.....using a fist was probably an offense on the officers part if the other officers where there at the time since it takes far less to disable an offender without a fist

Answer 6

When a police officer feels that he is in danger of being physical harmed or killed he may use any reasonable means to defend himself, including his fists if necessary. The officer can only use the necessary force to protect himself, to protect the citizens or to gain control of an unruly suspect.

Answer 7

You engaged the police in a pursuit and have the nerve to complain because you got roughed up when caught???? Here's an idea. DON'T RUN FROM THE POLICE !!! In the immortal words of Chris Rock "If the police have to come and get you, they're bringing an a** kicking with them !" If you have any questions, please see the informational video at http://grouper.com/video/MediaDetails.aspx?id=1549300

Answer 8

Basically they can hit you anytime you give them a reason too. So don't sass off or come of threatening, unless there is a camera near-by. Then you might become a millionaire. Gosh I love America sometimes.

Answer 9

If the officer is telling you to get down on your knees to be hand cuffed, or he is telling you to get out of your car, or any other order, if you don't, he can use his baton and hit you in the leg or on the arm ( they learn pressure points to use) to help convince you to get down.

They use the baton ( ASP) to pry you out of the car.

Anytime you are disobeying thier lawful commands, they can use force to place you under control

Answer 10

As long as it your word against his he can do anything or accuse you of anything he wants. The fact is that in a court of law when it come down to his word against yours the police WILL win. A police officer can stick a bag of drugs in your pocket and say "I'm puting this here to frame you", and if your the only person who sees and hears this act then guess what... your going to jail. That is how the system works.