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To what extent police can use force during arrest of suspect?

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trial processes and trial court decision of Minnesota v Derrick Chauvin , 2021 (George Floyd
trial)?

Courts decide whether an officer’s use of force was unreasonable on a case-by-case basis,
taking into account:

the severity of the crime

whether the suspect posed a threat, and

whether the suspect was resisting or attempting to flee.

The amount of force that police officers can use when making an arrest is a subject of concern
and controversy. Police officers have discretion to use as much force as they reasonably think
necessary to protect both the public and themselves. But ethnic or racial minorities, often
oppose the way police officers employ force. They claim that police regularly overstep the
bounds of necessity.

The U.S. Supreme Court established that that a police officer who has probable cause to believe
a suspect poses a threat of serious harm to the officer or others may use deadly force to
prevent escape. This might happen if the suspect threatens the officer with a gun. The Court,
however, indicated that officers should issue warnings when possible. It also held that deadly
force is unjustified when the suspect poses no immediate threat to the officer and no threat to
others.

DEADLY FORCE APPLICATIONS

While the use of a firearm is considered deadly force, other force might also be considered
deadly force if the officer reasonably anticipates and intends that the force applied will likely
cause death or very serious injury. Use of deadly force is justified in the following
circumstances:
(a) An officer may use deadly force to protect himself/herself or others from what he/she
reasonably believe would be an imminent threat of death or serious bodily injury;

(b) An officer may not use deadly force to stop a fleeing suspect unless the officer has probable
cause to believe that the suspect has committed or intends to commit, a felony involving the
infliction or threatened infliction of serious bodily injury or death, and the officer reasonably
believes that there is an imminent or future potential risk of serious bodily injury or death to
any other person if the suspect is not immediately apprehended. Under such circumstances, a
verbal warning should precede the use of deadly force, where feasible.

NONDEADLY FORCE APPLICATIONS

Any application of force that is not reasonably anticipated and intended to create a substantial
likelihood of death or very serious injury is considered non deadly force. Each officer is provided
with equipment, training and skills to control suspects as well as to protect themselves and the
public. Non-deadly force applications may include leg restraints, control devices etc.

PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be very effective in controlling a passive resistance physical or
actively resisting subject. Officers may only apply those pain compliance techniques after the
officer has received Departmentally approved training and only when the officer reasonably
believes that the use of such a technique appears reasonable to further a legitimate law
enforcement purpose. Officers should use compliance technique only when there is a potential
for injury to the officer or others if the technique is not used, the need for prompt resolution of
the situation etc. The application of any pain compliance technique must discontinue once the
officer determines that compliance has been achieved.

CAROTID RESTRAINT
The proper application of the carotid restraint hold by a trained officer may be effective in
quickly restraining a violent individual. However due to the potential for injury, the carotid
restraint hold may only be applied under the following conditions:

(a) The officer shall have received Departmentally approved training in the use and application
of the carotid restraint.

(b) The carotid restraint may only be used when its use is objectively reasonable to prevent
serious injury or death to an officer or other persons.

If the carotid restraint is applied:

(a) Any subject who has been rendered unconscious by the use of the carotid restraint shall be
immediately examined by paramedics or other qualified medical personnel.

(b) The officer shall inform any facility receiving custody, or any person placed in a position of
providing care, that the subject has had the carotid restraint hold applied to him/her and
whether or not the subject lost consciousness as a result.

(c) Any officer applying the carotid restraint shall promptly notify a supervisor of the use or
attempted use of such hold.

(d) The use or attempted use of the carotid restraint shall be thoroughly documented by the
officer in any related reports.

In the Minnesota V Derrick Chauvin, 2021 case, Chauvin was seen as blameworthy of second-
degree unexpected homicide, third-degree murder and second-degree homicide, the principal
charge conveys a most extreme punishment of 40 years in jail. It was the primary conviction of
a white official in Minnesota for the homicide of an individual of colour. On May 25, 2020,
George Floyd, a 46-year-old person of colour, was killed in Minneapolis, Minnesota, United
States, while being captured on doubt of utilizing counterfeit $20 bill. During the capture, Derek
Chauvin, a white cop with the Minneapolis Police Department, bowed on Floyd's neck for 9
minutes and 29 seconds after he was bound and lying face down. Two other cops, J. Alexander
Kueng and Thomas Lane, helped Chauvin in controlling Floyd. A fourth cop, Tou Thao, kept
observers from meddling. While cuffed and preceding being put on the ground, Floyd had
shown indications of tension and grumbled about being not able to breathe, being limited he
turned out to be more upset, whining of breathing challenges and the knee on his neck, and
communicating apprehension of inescapable passing. Following a few minutes Floyd quit
talking. For a further two minutes, he lay unmoving and Officer Kueng discovered no heartbeat
when encouraged to check. Notwithstanding this, Chauvin disregarded requests from
spectators to lift his knee until advised to do as such by paramedics.

Chauvin's preliminary started in Minneapolis on March 8, 2021, in Hennepin County District


Court. On April 20, 2021, the jury saw Chauvin as liable of all charges, including second-degree
murder, third-degree murder and second-degree homicide. The adjudicator in Derek Chauvin's
homicide preliminary described the executing of George Floyd late the previous spring as
particularly barbarous in his finding of a few exasperated condemning components, making
room for him to surpass state rules and force a more drawn out sentence for the terminated
Minneapolis cop. Local Judge Peter Cahill said current realities of the case appeared there are
four disturbed variables that "have been demonstrated past a sensible uncertainty" and will be
viewed as when he sentences Chauvin on June 25. Those elements are that Chauvin
"mishandled a place of trust and authority" as a cop, that he "treated George Floyd with
specific mercilessness," that kids were available when Floyd was pinned to the pavement at
38th and Chicago for over nine minutes until he died, and that Chauvin committed the crime
with the "active participation" of others, namely three fellow officers.

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