Compliance Recognition

A subject has been taken down by officers. Again, for argument’s sake, let’s say it’s a righteous arrest and the force has been reasonable.

The officers on the subject are yelling at the subject to place his/ her hands behind their back and to stop resisting.

The subject’s hands/ arms are pinned (by the weight of the officers) under their own body. 

The officers will now start using additional force. Knee strikes, punches maybe even a Taser probe deployment or a Taser Drive-stun.

OR the subject may want to comply but their self-preservation is totally activated and they are protecting themselves from the strikes. Want to challenge this? Have a buddy start slapping you in the face, telling you to put your hands behind your back. See if you can do it. 

For the officer’s there really cannot be a ‘I didn’t know’ defense that would wash away any and all lack of observation.

This additional force is now completely excessive.

If you are working a resisting arrest case, look at the details after first force used. The devil is always in the details.