Go to the PoliceChief’s Website and read the article titled, “Chief’s Counsel: Police Use of Force: The Problem of Passive Resistance” located at http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=563&issue_id=42005. Recommend the two (2) most import factors you believe law enforcement officers should consider when using force in instances that individuals are passively resisting. Provide a rationale for your response.
Analyze the interrogation and questioning process that law enforcement officers can conduct after a justifiable arrest. In your own opinion, determine whether or not you believe these processes restrain officials from obtaining information related to crimes, please include in your thoughts how the Miranda rights relate to your ideas. Justify your answer.
RESPOND TO THE FOLLOWING STATEMENT:
In the case of passive resistance, the most common type that law enforcement deal with today are protests. Majority of these protests that take place in the District are non-violent. The passive resister can be defined as someone who refuses to comply with an officer while showing no physical indications of resistance (Schlosser, 2013). In order for law enforcement to properly deal with this type of passive resistance, they must issue loud verbal commands, and explain to them what will happen if they do not obey commands. If an officer decides to make an arrest, they must realize that a passive resister can become an active resister in a matter of seconds. Officers must maintain control of their arrestees at all times, because they are responsible for them. Secondly, if force is used, the officer must “reasonably” use the amount of force necessary to effect an arrest. For example, if an individual is holding a knife, then the officer must draw their firearm. Reasonable to one officer, may not be reasonable to another.
Another way an officer could deal with passive resistance is when a subject refuses to exit their vehicle. According to the Supreme Court, (Pennsylvania v Mimms) officers have the right to order the driver out of a car following a traffic stop. Certain cases when the driver refuses, force may be used to physically remove the driver from the vehicle, but officers must use a reasonable amount of force without trying to physically injure the driver.