Legal Opinion

107oag033

Maryland Attorney General Reports

Decided March 2, 2022No. 107OAG33Published

1Opinion of the Court

Gen. 33] 33 PUBLIC SAFETY POLICE OFFICERS – USE OF FORCE STATUTE – MEANING OF THE REQUIREMENT THAT FORCE USED BY OFFICERS MUST BE “NECESSARY” AND “PROPORTIONAL” February 25, 2022 Woodrow W. Jones III Superintendent, Maryland State Police You have asked for our opinion on the meaning of the phrase “necessary and proportional” in the new Maryland Use of Force Statute, which takes effect July 1, 2022, and provides that a police officer “may not use force against a person unless, under the totality of the circumstances, the force is necessary and proportional to” (1) “prevent an imminent threat…

2Cases cited45 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Tennessee v. GarnerSupreme Court of the United States · 1985
  3. United States v. PlaceSupreme Court of the United States · 1983
  4. Arizona v. WashingtonSupreme Court of the United States · 1978
  5. Michigan v. SummersSupreme Court of the United States · 1981

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