Kara Sears
Tyre Nichols was a 29-year-old man who was brutally beaten by five police officers during a traffic stop in Memphis, Tennessee. The officers involved have been charged with second-degree murder, among other charges. Tyre's mother has also sued the city of Memphis and the police officers over his death. The incident has raised questions about police brutality and the use of force, with legal experts saying that the officers' actions showed a complete breakdown in protocol for detaining someone.
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What You'll Learn
Running away from police
Running away from the police is a complicated issue, and it is not always clear whether it is legal or not. In the case of Tyre Nichols, lawyers have argued that he ran away because he felt his life was in danger. This is supported by the fact that the police used force on him even though he was complying with their orders.
However, the act of running away from the police could be seen as resisting arrest, which is a crime. In the state of Tennessee, where Tyre Nichols was killed, the law states that the "legality of the arrest is not relevant to the determination of whether the defendant committed the offense of resisting arrest, unless the defendant is claiming self-defence against excessive force from officers". This means that even if the arrest was unlawful, running away from the police could still be considered a crime.
It is important to note that the use of unreasonable force by the police does entitle citizens to use reasonable force to resist. In the case of Tyre Nichols, it could be argued that the police used unreasonable force, and therefore he was entitled to use reasonable force to resist and flee.
However, it is also worth considering that 28 states have either legislatively or judicially abrogated the common law right to use physical force to resist an unlawful arrest, even if the force used by the police is unreasonable. This means that in those states, running away from the police could be considered a crime, regardless of whether the person felt their life was in danger.
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Resisting arrest
Tyre Nichols was accused of resisting arrest after he ran away from police officers who were using force against him.
Legal experts have said that Nichols initially appeared compliant but was met with force anyway, which may have caused him to run away. Matthew Barhoma, a criminal defence attorney, said: "They came in hot. They came in just straight beating on him even though he was very compliant... Then he resisted. And it raises the question: Why did he resist? It's very likely he resisted because he felt the need to save his life."
The use of unreasonable force by the officers may have entitled Nichols to use reasonable force to resist, as described by the Federal Sixth Circuit Court of Appeals: "The law in Tennessee is that an officer’s use of pre-resistance excessive force is a statutory defence to the crime of resisting arrest."
However, it is important to note that the legality of an arrest is not always relevant to the determination of whether an individual committed the offence of resisting arrest. In some states, the common law right to use physical force to resist an unlawful arrest has been abrogated, unless unreasonable force is used by the officers.
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Use of unreasonable force
Tyre Nichols was met with force from police officers, despite initially appearing compliant. After an officer pulled him out, threw him to the ground, and threatened to tase him, Nichols stood, struggled with an lawyer, and ran away. As he ran, an officer can be heard saying: "I hope they stomp his ass".
Legal experts have described the incident as a "complete breakdown" in police protocols, with "no reason" for five officers to use closed-fist punching to subdue a suspect who was not acting violently.
The use of unreasonable force by the officers entitled Nichols to use reasonable force to resist. The Federal Sixth Circuit Court of Appeals has described this right to Tennessee citizens as follows:
> "The law in Tennessee is that an officer's use of pre-resistance excessive force is a statutory defence to the crime of resisting arrest."
In the state of Tennessee, the legality of an arrest is not relevant to the determination of whether the defendant committed the offence of resisting arrest, unless the defendant is claiming self-defence against excessive force from officers.
This incident has raised questions about why Nichols ran away, which could be construed as him resisting arrest and used to argue that the officers were trying to make a non-compliant person comply. However, lawyers have suggested that Nichols may have run "because he felt the need to save his life".
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Excessive force
Tyre Nichols was a 29-year-old man who was beaten by five police officers in Memphis, Tennessee, on 7 January 2023. He died from his injuries three days later.
Legal experts have said that the police used excessive force on Nichols. The officers threw him to the ground, tasered him, and punched him repeatedly. Nichols was unarmed and did not appear to be violent, although he did struggle with the officers and tried to run away.
One criminal defence attorney said that the officers "came in hot" and used force on Nichols even though he was initially compliant. This may have caused Nichols to resist and flee because he felt his life was in danger.
The use of excessive force by police officers is illegal and can be considered assault or battery. It is also a violation of the Fourth Amendment, which protects citizens from unreasonable seizures by the government. In addition, the use of excessive force can be a statutory defence for the crime of resisting arrest. This means that if a person is facing charges for resisting arrest, they can argue that they were only resisting because the officers used excessive force.
In the case of Tyre Nichols, the police officers' use of excessive force may have entitled him to use reasonable force to defend himself. This is known as the "self-defence against excessive force" doctrine.
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Police protocol
In the case of Tyre Nichols, there are questions about whether the police officers involved followed proper protocol. Legal experts have said that the video of the incident shows a "complete breakdown" in police protocols.
According to lawyers, Nichols appeared to be compliant with the officers' demands at first, but was met with force anyway. This raises questions about why he ended up running away, which could be construed as resisting arrest. However, it has been suggested that Nichols ran because he felt his life was in danger due to the force being used against him.
Under Tennessee law, an officer's use of pre-resistance excessive force is a statutory defence to the crime of resisting arrest. This means that if an officer uses unreasonable force, the person being arrested is entitled to use reasonable force to resist. In the case of Tyre Nichols, it has been argued that the officers used unreasonable force, which entitled Nichols to resist.
Overall, the Tyre Nichols case highlights the importance of proper police protocol and the potential consequences when those protocols are not followed. It is crucial for law enforcement officers to receive adequate training and to adhere to established protocols in order to maintain public trust and ensure the safety of all involved.
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Frequently asked questions
Tyre Nichols was beaten by police officers during a traffic stop. It is unclear what law he broke, if any.
Tyre Nichols was initially compliant but ran away from the officers, which could be construed as resisting arrest.
Five officers were charged with second-degree murder, among other charges.
The five officers involved have been charged and are now former officers.
Tyre Nichols' mother has sued the city of Memphis and police officers over his death.
