Totality of the circumstances: In the eye of the beholder


In a recent baton training class, I was amazed at the looks and lack of response I got when the group was asked if they could use a distracter technique such as a shin kick or a backhand or some other techniques against a resistive subject who was only verbally resisting. They looked at each other and no one would reply. I then asked if they could draw the baton at this stage and again no one wanted to answer.

I go on to explain that according to Florida Statutes, ANY force can be used to affect an arrest. I’ve always said that all force is necessary but is all force used reasonable? That’s the issue with use of force cases. Trying to determine if the force was reasonable.

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