What is the current state of the law in relation to the use of force by police officers with weapons drawn against a suspect?
MultiRegion, United States of America
The following excerpt is from U.S. v. Martinez, 999 F.2d 545 (9th Cir. 1993):
We have held that "[t]he use of force does not convert [an investigatory] stop into an arrest if it occurs under circumstances justifying fears of personal safety." Id. Although approaching a suspect with weapons drawn may seem like a drastic measure, it is justified as a reasonable means of "neutralizing danger." United States v. Alvarez, 899 F.2d 833, 838 (9th Cir.1990), cert. denied, 498 U.S. 1024 (1991).
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