No. 961298 (1997)(10th Cir.)-A police officer can take precautionary measures to restrain a person during a "Terry" stop. In this case, the officer had reasonable suspicion to detain Gallegos. Gallegos refused to stop for the officer. The officer grabbed him. He pulled away and kept walking. This occurred a couple of times until Gallegos turned and took a fighting stance. Gallegos was taken to the ground with an arm bar.
, No. 9917188ap (2001)(9th Cir.)-The use of less than deadly force, in this case a bean bag shotgun round,Â that can cause serious injury may be utilized only when:
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, 471 U.S. 1 (USSC)(1985)-The use of deadly force to stop a fleeing felon is not justified unless it is necessary to prevent the escape, and it complies with the following requirements. The officer has to have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
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, 114 F.3d 181 (11th Cir. 1997)-Police responded to a shots fired call at a party. Ofc Carr, heard a gunshot, then encountered Montoute carrying a sawed-off shotgun. Carr and another officer repeatedly ordered Montoute to drop the shotgun. He refused and kept approaching. He then passed the officers and took off running. Carr shot him in the buttock. Montoute filed a 1983 suit. The court held: "In view of all of the facts, we cannot say that an officer in those volatile circumstances could not reasonably have believed that Montoute might wheel around and fire his shotgun again, or might take cover behind a parked automobile or the side of a building and shoot at the officers or others. Indeed, if the officers had allowed Montoute to take cover, or perhaps circle back around to the crowd, he could have posed even more danger than when he had presented a clear target as he approached them." The court ruled in favor of the officer.
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Deorle was a mentally disturbed person that was upset, but was complying with verbal commands from officers on the scene. Off. Rutherford was armed with a bean bag shotgun. As Deorle unarmed walked toward him, Off. Rutherford without warning shot him with a bean bag at 30 ft. The bean bag hit Deorle in the eye causing the loss of the eye and other serious physical injuries. The only crime Deorle committed to this point was a minor disturbance. The court ruled that this was an excessive use of force. The US Supreme Court refused to hear this case on appeal.
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, No. 02a0133p (2002)(6th Cir.)-The court advised the following: "We are aware of no controlling precedent since holding that the use of non-lethal force against an armed and volatile suspect constitutes excessive force." In this case the police were attempting to arrest suspect Lekan after he shot a police officer. The police used tear gas and psychological tactics in an attempt to avoid deadly force.