Ep. #289: If the driver refuses to roll down window, can cops break it?

📌 Whenever police use non-deadly force it must be objectively reasonable. The key is to articulate every material fact in the report. Police should not add important details later, otherwise, it loses credibility.

Legal Standard
Factors to consider whether non-deadly force was reasonable include: Graham v. Connor, 490 U.S. 386 (1989).

▶ How serious was the offense you suspected had been committed?
▶ Did the suspect pose a physical threat to you or some other person present at the scene?
▶ Was the suspect actively resisting or attempting to evade arrest?
▶ Reasonable force will be judged by the totality of the circumstances.
▶ Courts must step into the shoes of the officer and not use 20/20 hindsight.

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