Police officers have a civil responsibility to only use the necessary amount of force to subdue a person committing a criminal act. Proving that police used excessive force requires evidence that the force used went beyond what was reasonable for the situation.
The law only allows police to use reasonable force when performing their duties. If an officer used more force than required against you, then you are in a position to advocate for your civil rights.
Gather physical evidence
If you sustain injuries during an incident with the police, you should document them as soon as possible. Photographs and medical records can help show the extent of harm caused by the use of force. Preserve evidence of any damage to your personal property as well, such as clothing or other items.
Obtain witness statements
Witnesses can provide important details about the incident. Their accounts may help show how much force the police used and whether it was excessive. If possible, collect contact information from anyone who saw the event. In some cases, bystanders may have recorded the encounter, and video footage can provide clear evidence of what happened.
Review police reports
The official police report will describe the officer’s side of the story. It can include information about why the officer believed force was necessary and what led to the confrontation. Comparing the police report with other evidence can help identify inconsistencies that support a claim of excessive force.
Know the standard of reasonableness
In New Mexico, courts evaluate police use of force based on what a reasonable officer would do under similar circumstances. Proving excessive force requires showing that the officer acted unreasonably in the situation. This includes examining the threat level, the suspect’s actions and other factors surrounding the event.
Police officers have authority, but abusing that authority to inflict unreasonable harm is blatantly wrong. You have every right to argue that an officer’s response was not reasonable for the situation at hand.