I need to preface my following statement by emphasizing that I do not possess any formal legal training or education. Instead, my professional background lies within the realm of law enforcement. That said, during a past discussion with retired Michigan State Police Inspector Stanford, he presented an intriguing answer to a question by a news reporter.
The legal question of whether a police officer in Michigan is compelled to arrest if they use force on a citizen is a complex and multi-faceted issue. To answer this question, it is necessary to analyze the relevant laws and regulations governing the use of force by law enforcement officers in Michigan. The primary source for such information is the Michigan Compiled Laws (MCL), which contain various provisions related to the powers and duties of police officers in the state. Additionally, specific policies adopted by individual police departments, such as the Detroit Police Department's Use of Force Policy, provide further guidance on when and how officers may employ force in their interactions with citizens.
Michigan MCL 764.15 outlines the conditions under which a police officer may arrest without a warrant. According to the statute, an officer may arrest someone without a warrant if they have probable cause to believe that person has committed or is committing a felony or misdemeanor punishable by imprisonment for more than 92 days, certain offenses committed in their presence, certain domestic violence offenses, or if they are found violating probation or parole conditions. While there are several situations where an officer can legally arrest without a warrant, none of these provisions specifically require an arrest following the use of force.
The Michigan Penal Code (MCL 750.81d) defines what constitutes excessive force by law enforcement officers: "A peace officer who uses force while acting within the scope of his or her authority shall not be deemed to have used excessive force if he or she acted reasonably and in good faith based upon his or her knowledge at that time." Therefore, if an officer uses reasonable force during their interaction with a citizen but does not meet any criteria outlined in MCL 764.15 for arrest without a warrant, they would not be compelled to do so simply because they employed force.
In addition to these statutory provisions, case law offers guidance on this issue. In Graham v. Connor (1989), the United States Supreme Court established what is known as the "objective reasonableness" standard for assessing whether law enforcement's use of force was justified under the Fourth Amendment prohibition against unreasonable searches and seizures. According to this standard, courts must evaluate whether an officer's actions were objectively reasonable based on all circumstances surrounding the encounter between the officer and citizen—although, again, no specific mandate requires an arrest following instances of applied force.
Another significant case, Tennessee v. Garner (1985), further clarified the limitations on police use of force, holding that officers may not employ deadly force to apprehend a fleeing suspect unless the officer has probable cause to believe that the individual poses a significant threat of death or serious physical injury to the officer or others. Nevertheless, this Supreme Court ruling also fails to directly address whether an arrest must occur after using force.
Furthermore, examining the Detroit Police Department's Use of Force Policy provides additional context for the circumstances under which an officer may use force. According to this policy, "the use of force by members of the Detroit Police Department shall be restricted to only those instances when such force is necessary and reasonable." The policy outlines various levels of force that officers can employ depending on the situation and perceived threat level, ranging from verbal commands to deadly force. It emphasizes the importance of de-escalation techniques whenever possible.
While the Detroit Police Department's Use of Force Policy does not explicitly mention whether or not an arrest should follow any instance where force was used, it does highlight that all uses of force must be reported and reviewed. This review process ensures that any actions taken by officers comply with departmental policies and state laws. If, during this review, it is determined that an officer's use of force was unjustified or excessive, they could potentially face disciplinary action, including criminal charges.
Therefore, if a police officer believes their use of force was reasonable and necessary, they may not be required to make an arrest. For example, if an officer used non-lethal force to subdue a suspect threatening harm but then decided against making an arrest due to extenuating circumstances such as mental illness.
Neither Michigan MCL nor the Detroit Police Department's Use of Force Policy mandates a police officer to make an arrest following their use of force on a citizen. While there are undoubtedly situations in which an arrest would naturally follow the application of force – such as in cases involving violent felonies or misdemeanors punishable by imprisonment for more than 92 days – this is not always required by law or departmental regulations. Instead, these sources emphasize the need for police officers to act reasonably and within their authority when employing force during interactions with citizens.
Ultimately, whether or not to arrest using force will depend on several factors: the nature of the offense committed by the citizen, whether probable cause exists based on Michigan MCL provisions, and if the use of force was deemed necessary and reasonable according to local department policies. As long as police officers adhere to these guidelines and practice good faith in their enforcement duties, they can exercise discretion regarding arrests in situations involving the use of force without violating any legal requirements or departmental policies.
In conclusion, the use of force by police officers in Michigan during interactions with citizens does not automatically compel them to make an arrest. The determination depends on carefully assessing various factors, including adherence to Michigan MCL provisions and local department policies, such as Detroit's use of force policy. Law enforcement officers must maintain good faith while executing their duties and follow established guidelines when using force or deciding whether to make an arrest. By doing so, they can balance maintaining public safety and respecting individual rights, ultimately contributing to a more just society.
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