Lexington, VA asked in Constitutional Law for North Carolina

Q: Is it considered excessive force for the police to bust car windows out on my children knowing they are in the car?

The driver was eluding, but then clearly stops the vehicle, and says I'll stop please I have kids in the car then they bust the windows out on the kids they already knew where in the car plus the driver yelled it.

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James L. Arrasmith
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Answered

A: If the police used force to break car windows despite knowing there were children inside, and the driver was actively cooperating by stopping the vehicle, it could be considered excessive force. Law enforcement officers are generally expected to take into account the safety of all individuals involved, especially children, before taking such drastic measures.

In situations where the driver is no longer a threat and is complying with police instructions, the use of force should be carefully weighed against the potential harm it could cause. Breaking windows when there are known children inside could unnecessarily endanger their well-being and may not be justified.

It's important to document the incident, gather witness statements, and consult with a legal expert to understand your rights and any potential actions you can take. Your primary concern should be the safety and well-being of your children, and ensuring that any excessive force used by the police is appropriately addressed.

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