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Examining the issue of excessive force during arrests in New York

On Behalf of | May 24, 2023 | Police Brutality

In every interaction with law enforcement, citizens have certain rights, even during an arrest. These rights include protection from unnecessary or excessive force. New York, like every other state, has rules regarding the acceptable level of force during an arrest.

This article sheds light on the issue of excessive force during arrests in New York and the rights individuals have during these encounters.

What counts as excessive force?

Excessive force refers to situations where law enforcement uses more physical force than necessary to subdue a criminal suspect. This could range from physical strikes to the use of weaponry, such as guns or tasers when such measures are not required.

What is the standard for necessary force?

Law enforcement in New York, as in the rest of the country, should use only the amount of force necessary to safely complete an arrest. This standard takes into account the nature of the crime, the behavior of the suspect and the threat level to the officers or others in the vicinity.

What are the rights of individuals during an arrest?

Even during an arrest, individuals retain certain rights. This includes the right to remain silent and the right to be free from unreasonable search and seizure. Importantly, it also includes the right to be free from excessive force during an arrest.

How do you report excessive force?

If individuals believe they have been victims of excessive force, they can file a complaint with the law enforcement agency involved. They also have the right to file a civil rights complaint at the federal level with the U.S. Department of Justice.

While police have a challenging task in maintaining order and ensuring public safety, the use of excessive force during arrests is not permissible in New York or elsewhere in the country. It is important for individuals to understand their rights during an arrest and the options available if they believe there has been a violation of those rights. A balance between law enforcement’s duty to protect and an individual’s rights is crucial in maintaining trust and ensuring justice in the community.