Police officers must respect the rights of individuals, even when they are acting with the intention of protecting public safety. In New Mexico, the use of force by police becomes excessive when it goes beyond what is reasonable under the circumstances.
Not every use of force violates the law, but certain actions can clearly cross the line. Knowing where this line is will help you protect your rights after an encounter with law enforcement.
What is excessive force?
Excessive force by police usually involves more violence or aggression than is necessary to make an arrest or control a situation. Courts in New Mexico look at several factors to decide if the force was reasonable. These include the seriousness of the suspected crime, whether the person posed an immediate threat and whether the person resisted or tried to flee.
For example, if someone runs away after a traffic stop, officers may use limited force to stop them. However, if the person has no weapon and does not act aggressively, tackling or using a weapon on them may count as excessive. The amount of force must match the level of threat.
Excessive force can also include the misuse of tasers, chokeholds or handcuffs. If someone gets injured because of how officers use these tools, and there was no real need for that level of force, the conduct may be unlawful. Even if the person was being arrested for a real offense, they still have rights.
Is deadly force ever allowed by the court?
New Mexico courts allow officers to use deadly force only when they face an immediate danger of serious harm. If officers shoot someone who does not pose such a threat, that could be excessive force. The New Mexico Civil Rights Act allows people to sue state or local agencies for civil rights violations, including excessive force.
Every situation is different, and officers must make quick decisions. However, they still must follow the law. Using more force than necessary, especially when no threat exists, can cause lasting harm and break the public’s trust. People in New Mexico have the right to expect fair and respectful treatment from those in uniform.