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


The following excerpt is from People v. Delahoussaye, 213 Cal.App.3d 1, 261 Cal.Rptr. 287 (Cal. App. 1989):

As appellant himself acknowledges, it is a pure question of fact whether a police officer has used reasonable force in detaining or arresting a defendant. (People v. Curtis, supra, 70 Cal.2d at p. 359, 74 Cal.Rptr. 713, 450 P.2d 33.) Consequently, we only need determine if there is sufficient evidence in the record such that a reasonable trier of fact could conclude that the force used in this case was reasonable. (People v. Johnson (1980) 26 Cal.3d 557, 578, 162 Cal.Rptr. 431, 606 P.2d 738.) We may not reweigh the facts or substitute our judgment for that of the trial court.

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