NCJ Number
161051
Journal
Criminal Law Bulletin Volume: 32 Issue: 2 Dated: (January-February 1996) Pages: 49-61
Date Published
1996
Length
13 pages
Annotation
Police authority to use force in the apprehension, restraint, and transport of criminal offenders is one of the most misunderstood powers granted to government representatives.
Abstract
While police officer concerns about apprehending suspects and restraining detainees and prisoners focus on similar physical, operational, and technical issues, legal analysis of the reasonableness of such activities differs significantly. In the current law enforcement literature, primary attention is paid to operational guidance on the "use of force continuum" and allied discussions of the "reactionary gap" when discussing steps that must be taken to bring a suspect under control. In addition, traditional law enforcement training emphasizes the fourth amendment's prohibition of unreasonable search and seizure. Standards for evaluating the use of force against detainees, however, are somewhat more relaxed than search and seizure standards. The authors suggest that law enforcement agencies provide strong guidance to police officers concerning the use of acceptable restraint and transport devices, based on the Model Policy on Transport of Prisoners developed by the International Chiefs of Police. A continuum of force to restrain and transport violent suspects is proposed. 48 footnotes