What is the test of reasonableness for a police officer to use force against an unarmed man?

California, United States of America


The following excerpt is from Perez v. City of Fremont, A140271 (Cal. App. 2015):

Plaintiffs do not and cannot dispute these facts. And while they may dispute the significance of them, the law is quite clear: "An officer ' "may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance." ' [Citation.]" (Brown v. Ransweiler (2009) 171 Cal.App.4th 516, 527 (Brown).) "The test of reasonableness in this context is an objective one, viewed from the vantage of a reasonable officer on the scene. It is also highly deferential to the police officer's need to protect himself and others: 'The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. [Citation.] . . . The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-

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