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Police Exertion of Force

By Baker Associates

Tennessee statutes give law enforcement officers a great deal of leeway in their ability to exercise force in the apprehension of criminal suspects. However, that leeway is not unlimited, and an officer?s failure to abide by the prescribed standards may affect the rights of a criminal suspect. Law enforcement officers, after identifying themselves, their authority, and their purpose, may break open any door or window of a house if they have been refused admittance. However, this option is only available to an officer if it is in an effort to make an arrest, and may be done so with or without a warrant. If an officer resorts to these means in an effort to obtain evidence, the officer must first have a valid search warrant. Law enforcement officers, after identifying themselves as such, may use or threaten force that is reasonably necessary to accomplish the arrest of a criminal suspect who has resisted or fled from arrest...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on May 14, 2009 (boomark / email).