Use of Force

State Police Use of Force Legislation and Public Safety

Submitted by Jane Clayton on Fri, 06/17/2022 - 18:02

Officers currently lack guidance about when force is necessary as well as what tactics and maneuvers are appropriate. The Supreme Court’s interpretations of the Fourth Amendment of the United States Constitution provide the only national standard for police officer use of force. The standard loosely authorizes force that is “reasonable under the totality of circumstances.” Most states have enacted use of force standards but few provide more guidance than the Supreme Court rule and an increasing number of state courts have incorporated the federal framework into state jurisprudence.

Wisconsin AB 834 / SB 874

Submitted by Jane Clayton on Wed, 06/15/2022 - 13:53

AB 834 / SB 874 would prohibit local police agencies and elected officials from making any local democratic decisions that would limit the inherently dangerous tactic of executing a warrant without knocking and announcing first (also known as a no-knock warrant).

Washington HB 1726 / HB 2037

Submitted by Jane Clayton on Wed, 06/15/2022 - 13:52

WA HB 1726 and HB 2037 would roll back last year’s restrictions and protections addressing the use of force by peace officers, which the state passed to reduce police violence. This bill would expand instances in which officers can use physical force, including in situations where it would not be constitutional, such as the right to use physical force when stopping an individual from fleeing an investigative stop.

Minnesota House File 3398

Submitted by Jane Clayton on Wed, 06/15/2022 - 13:50

HF 3398 will place crucial restrictions on the use of no-knock warrants, a dangerous policing tactic with a high risk of injury and emotional trauma for the occupants of the home, as well as the involved officers. HF 3398 will minimize or eliminate many of the harms caused by no-knock raids by prohibiting raids for drug searches and creating a clear and convincing standard of proof to issue warrants, ensuring judges closely review each individual case before granting permission.