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CA7: Use of a gun during execution of a warrant without justification for nonviolent crime was unreasonable

By John Wesley Hall, Jr.

Wielding a machine gun during execution of a search warrant for a nonviolent crime, without any justification, was unreasonable. Baird v. Renbarger, 2009 U.S. App. LEXIS 17215 (7th Cir. August 3, 2009): Law enforcement is a difficult job, as "police officers are often forced to make split-second judgments--in circumstances that are tense, uncertain, and rapidly evolving." Graham v. Connor, 490 U.S. 386, 397, 109 S. Ct. 1865, 104 L. Ed. 2d 443 (1989). This reality is reflected in the fact that courts give considerable leeway to law enforcement officers' assessments about the appropriate use of force in dangerous situations. See, e.g., Scott v. Harris, 550 U.S. 372, 385-86, 127 S. Ct. 1769, 167 L. Ed. 2d 686 (2007). This latitude ends, however, when police officers employ force that is clearly excessive or unreasonable under the circumstances...continue to full post

Full post as published by Fourth Amendment on August 07, 2009 (boomark / email).