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The importance, if any, of officer intent and motive in the "objective standard of reasonable force"
What is the importance, if any, of officer intent and motive in the "objective standard of reasonable force" under the current state of the law? Contrast the definition of probable cause with that of reasonable suspicion. Complete the following questions: Compare and contrast Fourth Amendment stops with full custodial arrests. Explain four ways arrests are more invasive than stops. Identify the scope and time frame of "incident" to arrest. Describe the Robinson rule and the justification for it. According to the Supreme Court, how broad is the scope of a consent search?
Sample Answer
Officer Intent and Motive in the Objective Standard
Under the current state of the law, specifically the standard established in Graham v. Connor (1989), an officer's subjective intent or motive is irrelevant to determining whether the use of force was reasonable under the Fourth Amendment.
The Supreme Court mandates an "objective standard of reasonableness," meaning the force must be judged "from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight." The focus is strictly on the objective facts known to the officer at the moment the force was used, such as:
The severity of the crime at issue.
Whether the suspect poses an immediate threat to the safety of the officers or others.
Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.
An officer's bad faith, malicious, or ill-will motive does not render reasonable force unreasonable under the Fourth Amendment, just as a good motive cannot save an objectively unreasonable use of force.
Contrasting Probable Cause and Reasonable Suspicion
Probable cause and reasonable suspicion are the two primary Fourth Amendment standards used to justify police intrusions, but they differ significantly in their required level of certainty:
Standard
Definition
Level of Certainty Required
Legal Justification for...
Probable Cause
Facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person in believing that the suspect has committed, is committing, or is about to commit a crime, or that contraband/evidence is present.
A fair probability or substantial chance (more than a bare suspicion, but less than a preponderance of the evidence).
Arrest (Custodial Seizure) and Warrantless or Warrant Searches.
Reasonable Suspicion
Specific and articulable facts, taken together with rational inferences from those facts, that warrant a belief that criminal activity is afoot.
Requires less than probable cause; it is a minimal level of objective justification derived from the totality of the circumstances.