Black and White Minimalist Elegant Monogram Email Signature (200 x 100 px) (Email Header)-

Arrests and
Use of Force

Introduction

An arrest is one of the most intrusive actions the government can take.

It involves a seizure of a person and often includes physical force. Because of that, arrests and the force used to carry them out are governed by constitutional limits. When those limits are crossed, the legality of the arrest and the admissibility of evidence can be challenged.

Understanding how arrests and force are evaluated explains why these issues frequently determine the outcome of Criminal Cases.

When an Arrest Is Lawful

An arrest must be supported by probable cause.

Probable cause requires facts that would lead a reasonable person to believe a crime has occurred. It must exist at the moment the arrest is made. Suspicion alone is not enough. Information discovered after the arrest cannot retroactively justify it.

Whether probable cause existed often depends on what officers observed, what they documented, and what is supported by objective evidence. This issue frequently overlaps with Probable Cause vs Reasonable Suspicion and Searches and Seizures.

What Constitutes an Arrest

An arrest does not always require handcuffs or formal words.

A person is considered under arrest when their freedom of movement is restrained to a degree associated with a formal arrest. This determination is based on the totality of the circumstances, not on how officers label the encounter.

Commands, physical positioning, use of restraints, and duration of detention all factor into whether an arrest occurred. These distinctions matter because different legal standards apply before and after an arrest.

Use of Force During Arrests

Police are permitted to use force to effect an arrest, but that force must be reasonable.

Reasonableness is evaluated based on the circumstances at the time, not with hindsight. Courts consider factors such as the severity of the alleged offense, whether the person posed an immediate threat, and whether they were resisting or attempting to flee.

Force that exceeds what is reasonable under the circumstances may violate constitutional protections and can affect both criminal charges and civil liability.

Resistance and Escalation

Charges for resisting arrest often arise alongside use of force issues.

In many cases, the legality of a resistance charge depends on whether the arrest itself was lawful and whether the force used was reasonable. Escalation during an encounter can blur these lines, particularly when commands are unclear or force is used quickly.

Defense review examines the sequence of events closely, including video evidence, to determine whether resistance was legally meaningful or the product of an unlawful or excessive response.

How Arrest and Force Issues Affect Evidence

The legality of an arrest can directly affect what evidence may be used.

If an arrest was unlawful, statements made afterward may be subject to suppression. Evidence discovered as a result of the arrest may also be excluded. Similarly, excessive force can undermine the credibility of officer testimony and raise constitutional concerns that affect the prosecution’s case.

These issues frequently intersect with Right to an Attorney, Right to Remain Silent, and Miranda Rights.

Arrests, Force, and Defense Strategy

Arrest and force issues are not secondary considerations.

They shape how a case is charged, what evidence exists, and how the state presents its narrative. Defense strategy often focuses on reconstructing the arrest moment by moment, identifying where legal limits were crossed.

Because these encounters happen quickly, small details often matter more than broad conclusions.

Practical Takeaway

Arrests must be supported by probable cause. Force must be reasonable.

When either requirement is not met, Constitutional Protections are violated and evidence may be challenged. Understanding how arrests and use of force are evaluated explains why criminal defense focuses so heavily on police conduct rather than accusations alone.

That analysis often begins with the arrest itself.