Is reasonable force justified in the use of reasonable force in detaining, arresting, preventing escape and overcoming resistance?

California, United States of America


The following excerpt is from Williams v. Cnty. of San Bernardino, E057017 (Cal. App. 2014):

An officer is justified in the use of reasonable force to detain or arrest a suspect, prevent escape, or overcome resistance, and need not desist in the face of resistance. (Pen. Code, 835a; Burton v. Sanner (2012) 207 Cal.App.4th 12, 21.) The test of whether an officer was objectively reasonable under all the circumstances is highly deferential to the officer's need to protect himself and others. (Ibid.) The statutory authorization to use reasonable force negates any inference that an officer has a duty to refrain from using force within the meaning of Penal Code, section 835a. Further, plaintiff cites no authority for the proposition that the use of reasonable force in detaining, arresting, preventing escape or overcoming resistance constitutes a breach of duty.

Other Questions


What is the test for determining whether a police officer has used reasonable force in detaining or arresting a defendant? (California, United States of America)
What is the test for determining whether a police officer has used reasonable force in detaining or arresting a defendant? (California, United States of America)
What is the test for prosecution proof that the police officer who furnished the information justifying the arrest had probable cause to believe the arrest was justified? (California, United States of America)
Is it reasonable for a police officer to briefly detain an individual in order to determine the status of an arrest warrant? (California, United States of America)
Can a private security guard use all reasonable force to make an arrest as a peace officer? (California, United States of America)
What is justifiable homicide under the doctrine of reasonable resistance? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
In what circumstances will the court order that a defendant be produced with all crime and arrest reports in which the principal charge is battery or resisting arrest? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.