Robert Phillips
- Ref # CAC00023
- March 13, 2021
Deadly Force, the Fourth Amendment, and State Negligence Allegations
CASE LAW
- Fourth Amendment Excessive Force Allegations
- California State Negligence Allegations
- The Use of Deadly Force in Handling Mentally Ill Persons
RULES
California negligence law regarding the use of deadly force is broader than federal Fourth Amendment law in that the former includes in the totality of the circumstances the officer’s tactical conduct and decisions that precede, and lead up to, the actual use of force. Such pre-use-of-force conduct and decisions are irrelevant in a federal Fourth Amendment use of force case.
