Case Law & Resources: South Carolina
Citation
Issue Presented & Facts
Holding
State v. Williams, 367 S.C. 192, 196, 624 S.E.2d 443, 445 (Ct. App. 2005)
Whether a suspect has a right to resist excessive force by a police officer when such force is incident to a lawful arrest.
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Officer arrived at the suspect's home and attempted to enter into his apartment. The officer then drew his gun and told suspect to open the door or he would kick it in. The officer then charged the suspect, tackled him, and pressed his gun onto suspect, threatening to kill him. Suspect then threw officer off of him, and engaged in scuffle until other officers arrived at the scene.
South Carolina does recognize a person's right to use reasonable force to defend against the excessive force by a police officer incident to a lawful arrest. South Carolina allows a police officer to use force reasonably necessary to effect an arrest, however such right cannot be unfettered.
Case Law
Resources
Citation
Summary and Notes
Relevant Excerpt
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I. De-Escalation: Taking action or communicating (verbally and/or non-verbally) during a potential force encounter in an attempt to stabilize the situation, reduce the immediacy of the threat, and resolve the situation without the use of force or with a reduction in the force necessary. De-escalation may include the use of command presence, advisements, warnings, verbal persuasion, and tactical positioning. (IV)(A) An officer will use de-escalation techniques and other alternatives to higher levels of force consistent with training whenever possible and appropriate before resorting to force and to reduce the need for force. All officers receive training at least once a year in techniques for the use of and importance of de-escalation. d. Where feasible, Officers will identify themselves as a law enforcement officer and warn of their intent to use lethal force.
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​(L) if practical, an audible warning shall be given to the subject before deployment of the weapon. 7.0) In situations where deadly force is not justified, police officers will evaluate the totality of the circumstances in order to determine which approved weaponless control techniques and/or less than lethal weapons may most reasonably de-escalate the incident and bring the situation in control in a safe manner. Police officer should assess the situation to determine what technique or weapon will most effectively de-escalate the incident, while using the minimum amount of force necessary to do so.
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2(B)(3)Before using a firearm, police officers shall identify themselves and state their intent to shoot, where feasible. c) warning shots are prohibited. Where deadly force is not authorized, officers should assess the incident in order to determine which less lethal technique or weapon will best de-escalate the incident and bring it under control in a safe manner.
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(L) if practical, an audible warning shall be given to the subject before deployment of the weapon. 8.2 officers must be prepared to utilize alternative techniques or weapons in order to de-escalate the incident and bring the situation safely under control. In situations where deadly force is not justified, police officers will evaluate the totality of the circumstances in order to determine which techniques and/or weapons may most reasonably de-escalate the incident and bring the situation under control in a safe manner.
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Officers are permitted to display a warning arc in an effort to gain compliance from a subject who is exhibiting Active Resistance or higher or who a reasonable officer believes is preparing to engage in Active Resistance or a higher level of resistance. Warning arcs will be documented in the incident report. The policy also includes a proportionality continuum which serves as a guideline for officers in making critical use of force decisions. The continuum illustrates officer options at each level of resistance or threat. The Force continuum is not designed to guide use of force escalation or de-escalation in a linear fashion. Situational assessments must occur continually throughout a conflict situation and officers must adjust any control techniques to effectively respond to increasing or diminishing levels of resistance or threat.
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24.5 De-Escalation: if time and circumstances permit, officers shall use de-escalation techniques in an attempt to resolve the situation through voluntary compliance. Policy gives examples of techniques which include verbal persuasion, keeping a safe distance, listening and seeking cooperation, etc. Policy also discusses warning before deploying CEW's. which are less-lethal weapons. The warning is an effort to gain compliance. 25.14 Use of Deadly force: policy states that whenever feasible, officer should give a verbal warning prior to the use of deadly force. The recommended warning is "POLICE, DON'T MOVE" The officer need not give such a warning in a split second situation, if it would be futile, or if the warning would place the safety of the officer or another individual in danger.
This article discusses that South Carolina currently does not have an excessive force statute. Article states that having a statute would provide for more accountability for officers who acts unreasonably without malice.
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South Carolina does not currently have any specific "use of force" statutes. The South Carolina Prosecution Commission Task Force has offered proposed legislation that will give more guidance and lead to more accountability. The proposed legislation provides that the Law Enforcement training Council shall have the authority to take punitive action against any law enforcement agency that refuses to implement and enforce compliance with these standards, and provides a penalty for each failure. The standards include policies regarding the use of force continuum and the elimination or restricted use of lethal and less than lethal options and how to respond to active resistance. Additionally, the standards include policies regarding uniform vehicle pursuit standards and the use of lethal options during pursuit. This bill was introduced to the SC Senate on June 24, 2020 - currently sitting with Senate Judiciary committee pending approval from the Governor.
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The proposed language for the South Carolina statute generally states that an officer is justified in using deadly force when they reasonably believe it is necessary to prevent an arrest from being defeated by escape and the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious injury.
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The proposed statute goes on to say that an officer is justified in using deadly force when the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer. These are very specific circumstances which would not excuse the use of deadly force for routine traffic stops.
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