How has the US Supreme Court dealt with the issue of excessive force by the police?

California, United States of America


The following excerpt is from People v. Gutierrez, E068881 (Cal. App. 2019):

(1983) 462 U.S. 213, 232; United States v. Sokolow (1989) 490 U.S. 1, 7-8.) Finally, the court has warned lower courts to avoid the "unrealistic second-guessing" of police officers acting "in a swiftly developing situation. . . . [Citation.] A creative judge engaged in post hoc evaluation of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished. . . . [Citations.] The question is not simply whether some other alternative was available, but whether the police acted unreasonably in failing to recognize or pursue it." (United States v. Sharpe (1985) 470 U.S. 675, 686-687, italics omitted.)

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