Use-of-Force Law, Policy, and the Force Continuum

Use-of-Force Law, Policy, and the Force Continuum

Why This Lesson Matters

Every time a security officer or peace officer applies physical control to another person, that act must be legally justified. Using too little force can put you and others at risk. Using too much force violates the law, ends careers, and causes serious harm. This lesson teaches you the legal framework and the structured decision tool—the use-of-force continuum—that guides every force decision.

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The Constitutional Standard: "Objective Reasonableness"

The Fourth Amendment to the U.S. Constitution protects people against unreasonable seizures. Courts have ruled that applying physical force to detain or arrest someone is a seizure. The governing standard comes from the U.S. Supreme Court's decision in Graham v. Connor (1989).

The Court held that the use of force by law enforcement officers must be judged by the objective reasonableness standard. This means a court asks: What would a reasonable officer, knowing what this officer knew at the moment, have done? The officer's intent or personal motivation does not determine legality—the facts and circumstances known at the time do.

Three factors the Court identified for evaluating force are:

1. Severity of the crime — Is the subject suspected of a minor infraction or a violent felony?

2. Immediate threat — Does the subject pose an immediate threat of serious physical harm to officers or others?

3. Active resistance or flight — Is the subject actively resisting arrest or attempting to evade detention by flight?

No single factor is decisive. Officers weigh all three together, along with any other facts present. Courts recognize that officers must make split-second judgments in tense, rapidly evolving situations.

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State Statutory Authority

Federal constitutional standards set the floor—states may add stricter requirements. Your state's peace officer use-of-force statutes and your state's security guard licensing statutes define the specific authority each type of officer holds.

Peace officers (sworn police, deputies, state troopers) generally have broad statutory authority to use reasonable force to effect a lawful arrest, prevent escape, or protect against harm.

Security personnel have narrower authority. Most states limit security officers to the same force rights as a private citizen, plus any additional authority granted by the security guard licensing statute. Security officers typically may use reasonable force to:

• Protect themselves or others from imminent harm
• Detain a person suspected of theft or trespass until police arrive (where state law permits a merchant or security privilege)
• Defend property under their protection

Know your state's specific statute. Working outside that authority can result in criminal charges, civil liability, and loss of your security guard license.

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The Use-of-Force Continuum

Most law enforcement and security agencies use a use-of-force continuum to help officers select a proportional response. While the exact model varies by agency and state POST policy, a typical continuum moves through these levels:

| Level | Officer Action | Example Subject Behavior |

|-------|---------------|-------------------------|

| 1 – Officer Presence | Uniformed arrival, professional bearing | Subject is cooperative or uncertain |

| 2 – Verbal Direction | Clear commands | Subject is non-compliant but not physical |

| 3 – Soft Empty-Hand Control | Guiding holds, escort position | Subject passively resists (goes limp, pulls away) |

| 4 – Hard Empty-Hand Control | Takedowns, joint locks, strikes | Subject actively resists or fights back |

| 5 – Intermediate Weapons | Baton, OC spray, conducted energy device | Subject is assaultive, threatening serious harm |

| 6 – Deadly Force | Firearm or other lethal means | Subject poses imminent threat of death or great bodily harm |

The continuum is not a checklist. Officers do not have to start at Level 1 and work up step by step. They enter at the level appropriate to the threat. They may skip levels if the threat escalates rapidly. They must also de-escalate—move back down the continuum—as resistance decreases.

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Deadly Force: The Highest Standard

Deadly force is any force likely to cause death or serious bodily harm. Following the Supreme Court's decision in Tennessee v. Garner (1985), officers may not use deadly force simply to prevent the escape of a fleeing felon. Deadly force is constitutionally permissible only when:

• The officer has probable cause to believe the subject poses a significant threat of death or serious physical injury to the officer or others, and
• It is necessary to prevent escape or stop the threat.

Many state statutes and agency policies are even stricter than this constitutional minimum.

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Documentation and Safety

Every use of force, at any level, must be documented accurately and promptly in an incident report. Incomplete or inaccurate reports are themselves policy violations and can become evidence in civil or criminal proceedings.

Safety reminders for this course:

• All scenario practice in this program uses verbal and written formats only; no physical demonstrations occur in this lesson.
• When you later train physical techniques in the Defensive Tactics practical sessions, always use trained partners, follow instructor commands, and stop immediately on the "tap-out" signal.
• Never apply choke holds, neck restraints, or weapon techniques outside supervised training—these carry extreme injury risk and are restricted or prohibited in many jurisdictions.

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Bringing It Together

A sound force decision rests on three pillars: (1) the constitutional objective-reasonableness standard from Graham v. Connor, (2) your state statutory authority as a peace officer or security officer, and (3) your agency's use-of-force continuum as a proportionality guide. When all three align—and the force is accurately documented—the response is legally and professionally defensible.