The Use of Force in a Crowded Parking Lot
Officer Brandt is working a disturbance call at a crowded shopping center parking lot on a Saturday afternoon. A man, Tyler, is yelling at shoppers and appears agitated. Brandt approaches and asks Tyler to calm down. Tyler turns and advances on Brandt with clenched fists, shouting that he will "knock him out." Brandt backs up and deploys his conducted energy weapon (CEW). The probes hit Tyler in the chest and abdomen, but Tyler does not go down; he continues advancing. Brandt cycles the CEW again, and Tyler falls. While Tyler is on the ground, Brandt handcuffs him. Tyler later says he has a heart condition and had been using methamphetamine. Bystanders are within 15 feet, including a woman with a stroller.
1. Was the CEW deployment reasonable? Analyze under the objective reasonableness standard.
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Force must be objectively reasonable under the totality of the circumstances, and the officer must be able to articulate a specific threat.
Supporting the deployment: Tyler advanced with clenched fists and verbally threatened to knock Brandt out-an imminent threat of bodily harm. Brandt backed up first, showing an attempt to de-escalate and create distance. A CEW is generally an intermediate weapon appropriate against an actively aggressive, unarmed subject at close range.
Cutting against: the environment. A crowded parking lot with bystanders within 15 feet, including a person with a stroller, raises a serious risk of secondary injury from a fall or from a probe striking a bystander. The officer must weigh the backdrop. Also, Tyler did not go down after the first cycle, which suggests either poor probe spread or a subject who is not incapacitated-re-cycling is common but the officer must reassess rather than simply repeat.
Bottom line: the first deployment is defensible given the threat and the retreat. The second cycle is defensible if the officer can articulate that Tyler remained a threat and continued to advance. The presence of bystanders does not make the force unlawful, but it is a factor the officer must be able to explain-and the safest practice is to move the encounter away from bystanders when possible.
2. What post-deployment obligations does Brandt have, and what should the report contain?
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Immediately after:
- Restrain and control the subject, then remove the probes and assess for injury; probes in sensitive areas (head, neck, groin, chest over the heart) require medical evaluation.
- Medical assessment by EMS is required after a CEW deployment, even if the subject appears fine-especially given the reported heart condition and methamphetamine use, both of which increase cardiac risk.
- Monitor continuously for signs of medical distress; do not leave the subject unattended.
- Photograph probe sites and any injuries.
In the report:
- The specific threat (clenched fists, verbal threat, advancing) and the retreat.
- The number of cycles and their duration.
- The distance and the bystander environment.
- The subject's statements about his heart condition and drug use, and when they were made.
- The medical response and outcome.
- Any witness statements and video preservation.