Unreasonable Use of Police Weapons in Philadelphia

Police officers have access to various weapons, both lethal and non-lethal. These weapons assist in performing their lawfully appointed duties, and in addressing threats to their own safety or that of other people. Officers generally have a lot of leeway to use these weapons and any other type of force necessary to restrain people suspected of crimes, or protect themselves and others from harm. Yet there are still rules for when and how officers may use their service weapons—rules which, unfortunately, Philadelphia police officers violate more often than one would hope.

Unreasonable use of police weapons in Philadelphia can conceivably serve as the basis for a civil lawsuit or settlement demand if it directly leads to someone being wrongfully injured or killed. If you want a fair chance at obtaining fair financial recovery through a claim like this, please call an experienced police brutality lawyer at Marrone Law Firm who has handled situations involving misuse of weapons.

“Deadly Force” Rules for Philadelphia Police Officers

In general, police officers in Pennsylvania are permitted to use “reasonable force” whenever necessary to perform the duties of their job. That could include dispersing an unlawful gathering, detaining someone suspected of committing a crime, and responding to a threat of force or physical harm from another person against the officer or the public. Likewise, police officers may use “deadly force” not just when their or someone else’s life is in danger, but also to prevent an escape from arrest or police custody.

This means it is sometimes lawful for a police officer to discharge their service weapon towards someone who is not presenting any threat of physical harm to anyone else, if that person (1) is trying to resist or escape arrest after having allegedly committed a forcible felony while probably—in the police officer’s opinion—carrying a deadly weapon, and (2) if the officer has warned them that they are about to use deadly force if it is feasible for them to do so.

However, an officer who discharges their service weapon at someone who poses no threat to others, is not resisting arrest, or clearly does not have a deadly weapon on their person may have overstepped their authority to a legally actionable degree.

Is It Ever Unreasonable for Police to Use Non-Lethal Weapons?

In addition to firearms, police officers generally have access to various non-lethal weapons like tasers, less-lethal “bean bag” rounds, pepper spray/tear gas, and batons. Importantly, officers carrying non-lethal weapons like these are still expected to use only the minimum amount of force necessary to resolve any problem they encounter.

That means that if a police officer in Philadelphia tases someone who is not resisting arrest or tear-gasses a peaceful protest, they may have engaged in unreasonable use of police weapons and may hold civil liability for injuries. A qualified lawyer may discuss whether a particular scenario gives rise to a civil claim during a confidential consultation.

Contact a Philadelphia Attorney for Help Suing Over Unreasonable Use of Police Weapons

Use of force by police officers is an increasingly controversial issue nationwide. There are now many examples across the United States of police officers causing serious and fatal injuries through unreasonable actions. Unreasonable use of police weapons in Philadelphia is particularly likely to have life-altering and potentially life-threatening consequences.

You have a right to be treated fairly by police officers, and that includes a right to be free from excessive force of all kinds. Call Marrone Law Firm today to learn how our experienced team could help you file suit over injuries you sustained from police misconduct.