Chief’s Counsel: Reviewing Use-of-Force Practices

The basic rule of law regarding the use of force is that any use of force must be objectively reasonable under the totality of the circumstances in which it is employed.1 This has not changed. However, what the courts are willing to consider when determining reasonableness appears to be expanding.2 With this in mind, police agencies must be cognizant of what factors to consider when using, documenting, and investigating force. Assuming officers should or will receive the benefit of the doubt in a use-of-force encounter is no longer a sound strategy, if it ever was. The spectrum of circumstances that could impact a use-of-force incident are far too numerous for one article. Hence, this column reviews some general factors to help frame a review of agencies’ current practices.

Read More
Chief's Counsel
Share
Immigration enforcement in the United States is generally a civil matter, handled exclusively by federal agents working for U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Patrol....
Chief's Counsel
Share
Imagine this: a qualified applicant submits a résumé for a position in a department. Before anyone on the team lays eyes on it, an artificial intelligence (AI) system screens them out. No interview....
Chief's Counsel
Share
Words matter. The terms used to describe police work—law enforcement, public safety, guardian, protector, or warrior—do more than signal a philosophy. They define the profession’s purpose, s...
Chief's Counsel
Share
On May 15, 2025, the U.S. Supreme Court issued a landmark decision in Barnes v. Felix, fundamentally altering the legal evaluation of excessive force claims under the Fourth Amendment. The ruling reje...
Chief's Counsel
Share
In 2025, “pig butchering” does not necessarily result in pork chops and bacon. The term now describes a sophisticated cybercrime that combines long-term psychological manipulation with fraudulent ...
Chief's Counsel
Share
In light of the recent U.S. government actions related to diversity, equity, and inclusion (DEI), it is important for police leaders to be mindful of their ongoing obligations to comply with state and...
Chief's Counsel
Share
Facial recognition technology (FRT) emerged 50 years ago from experiments that measured facial attributes to search for matches on a semi-automated system.1 Modern FRT is an electronic system that us...
Chief's Counsel
Share
The Sixth Amendment to the U.S. Constitution requires that criminal defense attorneys provide a minimum quality of service to their clients.1 The attorney need not be perfect but must at least be com...
Chief's Counsel
Share
Many police agencies already have or are looking into peer-to-peer counseling programs to assist first responders in dealing with the trauma that accompanies critical incidents. While these programs m...
Chief's Counsel
Share
Recent surveys and studies indicate a notable percentage of police officers experience and are affected by job-related stress and anxiety, in addition to stress stemming from personal matters. These s...