In Brick, police officers are generally allowed to use reasonable force to take a person into custody. For example, if a suspect’s only resistance was to slightly move one’s wrists while the police officer was handcuffing them, the police officer would not be justified in beating the suspect senseless.
It is important for you to realize that courts decide whether an officer’s use of force was unreasonable on a case-by-case basis, taking into account many factors such as the severity of the crime committed, amount of resistance shown, and whether the suspect poses a threat.
If you have been charged with an offense that warrants an arrest, you could also be charged with the disorderly persons offense of resisting arrest if you do in fact resist law enforcement. Some common scenarios in Brick Township include but are not limited to:
Resisting arrest offenses most often occur when a law enforcement officer attempts to break up a fight and the party charged mistakes the police officer as another combatant in the fight. Other times, the party charged with resisting will make a full flight from arrest out of nervousness or confusion.