California, United States of America
The following excerpt is from People v. Carlon, D075150 (Cal. App. 2019):
Claims of excessive force are analyzed to determine whether the officers' actions are " 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation." (Graham v. Connor (1989) 490 U.S. 386, 397.) This standard is deferential to the police officer's need to protect himself and others, recognizing "that police officers are often forced to make split-second judgmentsin circumstances that are tense, uncertain, and rapidly evolvingabout the amount of force that is necessary in a particular situation." (Ibid.) It involves consideration of the totality of the circumstances, including "the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." (Id. at p. 396.)
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