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Determining the Perspective of a Reasonable Police Officer: An Evidence-Based Proposal

Mitchell Zamoff

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Abstract

RESTATEMENT (SECOND) OF TORTS § 11 (AM.LAW.INST.1965) (defining "reasonably believes" in the tort context as "the actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man so to believe" (emphasis added)).4. Graham, 490 U.S. at 397. 5. Id. at 396. 6.The term "civilian," as used in this Article, is intended to refer to all people who are not law enforcement officers.7. See, e.g., Michael S. Rogers et al., Effectiveness of Police Crisis Intervention Training Programs, 47 J. AM.ACAD.PSYCHIATRY & L. 414, 415-18 (2019) (detailing crisis intervention models and outcomes); Deescalation Training for Police Officers, APEX OFFICER,

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RESTATEMENT (SECOND) OF TORTS § 11 (AM.LAW.INST.1965) (defining "reasonably believes" in the tort context as "the actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man so to believe" (emphasis added)).4. Graham, 490 U.S. at 397. 5. Id. at 396. 6.The term "civilian," as used in this Article, is intended to refer to all people who are not law enforcement officers.7. See, e.g., Michael S. Rogers et al., Effectiveness of Police Crisis Intervention Training Programs, 47 J. AM.ACAD.PSYCHIATRY & L. 414, 415-18 (2019) (detailing crisis intervention models and outcomes); Deescalation Training for Police Officers, APEX OFFICER,

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Available abstract

RESTATEMENT (SECOND) OF TORTS § 11 (AM.LAW.INST.1965) (defining "reasonably believes" in the tort context as "the actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man so to believe" (emphasis added)).4. Graham, 490 U.S. at 397. 5. Id. at 396. 6.The term "civilian," as used in this Article, is intended to refer to all people who are not law enforcement officers.7. See, e.g., Michael S. Rogers et al., Effectiveness of Police Crisis Intervention Training Programs, 47 J. AM.ACAD.PSYCHIATRY & L. 414, 415-18 (2019) (detailing crisis intervention models and outcomes); Deescalation Training for Police Officers, APEX OFFICER,

Key concepts: Officer, Supreme court, Law, Deadly force, Law enforcement, Constitutionality, Exclusionary rule, Use of force

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