Excessive Force Lawyer in Arizona
Excessive Force, Police Brutality, and Civil Rights
When police and other law enforcement officers use excessive force they violating your Civil Rights. At Thunderbird Law Group we represent and advocate for victims and their families to help pursue justice.
What Is Arizona’s Use of Force Law?
According to Arizona law, §13-409 of Arizona Revised Statutes, officers can use force if they are making an arrest or preventing someone from evading arrest, and these three things are present::
- A reasonable person would believe that the use of force is necessary to arrest, detain or prevent the escape of someone who has been arrested or detained..
- The police officer unambiguously communicates to the person the purpose of the arrest or detention.
- A reasonable person would believe that the arrest is lawful.
When Can Officers Use Deadly Force?
When it comes to deadly force, §13-410 of the Arizona Revised Statutes, provides that police officers are only allowed to exert Deadly Force under limited circumstances, including but not limited to the following;
- If the use of deadly force is reasonably necessary to protect the police officer’s life or that of a third party.
- If the police officer believes that the person they are detaining has committed a felony using a violent weapon. This also applies if the police officer believes that the person is in the process of committing or is attempting to commit a felony with a deadly weapon.
- If the police officer believes that the person they are arresting is attempting to escape by using a deadly weapon.
- If the police officer believes that the person they are detaining is a danger to themselves or others.
- If the use of deadly force is necessary to carry out an arrest to suppress a riot. This exception generally only applies if the police officer reasonably believes that a riot is imminent and someone on the scene is armed with a deadly weapon.
When Is Force Excessive?
Force is excessive if it goes beyond the force that would be used by a reasonable and prudent police officer under the circumstances.
Courts will review a totality of the circumstances for each case, on a case by case basis. Factors considered by the Courts include but are not limited to the following:
- The reason for the arrest or detention;
- The severity of the alleged crime;
- The behavior of the person being detained by the police officer;
- Whether the person being detained posed an immediate threat to the police officers or others
- Whether the person is actively resisting arrest or attempting to escape.
Ultimately, the question is whether the force used was disproportionate to the situation and unnecessary under the circumstances. When the police go rogue and cause harm or death without justification, victims or their family members may have a claim against the police officers or precinct.
We will tirelessly review all evidence in your case to help prove that the police caused you harm. We understand the nuances involved in excessive force cases and are undeterred by going up against the government. We always welcome the opportunity to advocate for justice and help our clients get their lives back.
Thunderbird Law Group: We Represent and Advocate for Victims of Excessive Force and violation of Civil Rights by Police and Other Law Enforcement Agencies
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