Pepper spray is a non-lethal weapon often used to gain control when officers cannot calm a situation down by other measures. Many people wonder when police can use pepper spray. It has been used to control crowds and individual attackers, and is generally preferable to using lethal force. However, in some cases, the use of pepper spray can be considered excessive force, especially in scenarios where the individual or group is engaging in peaceful protest or otherwise following instructions given by law enforcement.
When Can Police Use Pepper Spray?
Legally, police can use pepper spray when it is necessary to contain or manage a situation, and other tactics, including negotiation, have failed. Police pepper spray use is authorized when the circumstances meet one or more of several conditions.
The Officer Has Tried Other Solutions
Pepper spray can be used by police when a suspect is resisting orders or refusing to de-escalate. Typically, the officer may attempt to de-escalate the situation verbally before using pepper spray.
The Officer Cannot Safely Approach the Individual
Officers often use pepper spray when they feel they cannot safely approach a suspect, including in cases involving a struggling or violent individual. Pepper spray is used under these circumstances to help control the situation and prevent further injury.
Officers Need to Disperse Crowds
In cases where officers need to disperse a crowd and the crowd does not follow instructions, pepper spray can be used to remove individuals from the area. However, pepper spray use is generally reserved for cases in which the crowd poses a danger or serious problem.
When is Pepper Spray Considered Excessive Force?
While there are several circumstances under which police can justify the use of pepper spray, there are cases where its use is considered excessive force. This includes cases in which:
- The person is complying with instructions given by the police
- The person is not behaving violently or being dangerous
- There is no current threat to officers or other individuals in the area
- The person is already under police control or has surrendered to police
Courts typically use the Graham factors to determine whether the use of pepper spray was excessive in a given situation. The Graham factors examine the severity of the crime, whether there was an immediate threat, and whether the suspect was actively resisting arrest at the time of the pepper spray incident. While these factors are flexible and the use of pepper spray often relies on an officer’s judgment, evaluating these circumstances can make it easier to determine whether an officer used excessive force by utilizing pepper spray.
Contact a Lawyer to Discuss Police Pepper Spray Use
If you were pepper sprayed by a police officer and believe they used excessive force, a lawyer can help. At AW Smith Law, we understand the complexities of the legal process and pepper spray use and strive to help our clients learn more about their rights—including understanding when a police officer can use pepper spray and when it constitutes excessive force. Contact us today to discuss your rights regarding pepper spray use.
