This Comment focuses on the law governing the use of force by police in conducting arrests and investigative stops. The examination includes review and comparison of the existing deterrents to and remedies for the use of excessive force in effecting these fourth amendment related seizures. Consideration is given to the recent Tennessee v. Garner, in which the Supreme Court narrowed the use of deadly force in certain arrest situations by application of the fourth amendment. This Comment finds that a need exists for further clarity, conformity, and modernization both in the law and in the remedies. To help meet that need, this Comment proposes a model statute. The proposed statute is designed both to clarify the meaning of reasonable force and to provide more effective responses to the use of undue force.
Eve M. Coddon,
Use of Force by Law Enforcement Officers in Effecting Seizures of Persons, The,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol22/iss2/13