Crime & Courts

When are NC police officers permitted to use force? These are the circumstances

In this image from Charlotte-Mecklenburg Police video, an officer points his service weapon at Derrell Lamar Raney at an Albemarle Road shopping center on Nov. 5, 2021. Officers Micah Edmunds and James Longworth perceived a lethal threat and fatally shot Raney, police said.
In this image from Charlotte-Mecklenburg Police video, an officer points his service weapon at Derrell Lamar Raney at an Albemarle Road shopping center on Nov. 5, 2021. Officers Micah Edmunds and James Longworth perceived a lethal threat and fatally shot Raney, police said. CHARLOTTE-MECKLENBURG POLICE DEPARTMENT

On Wednesday, Concord police shot an alleged credit card theft at Concord Mills mall, The Charlotte Observer reported.

Concord police later asked the State Bureau of Investigation to take over the case, as is standard when an officer shoots someone.

Though the practice has been widely criticized by police reform advocates, law enforcement officers in North Carolina are permitted to use force under certain circumstances.

Use of force is defined as “the among of effort required by police to compel compliance by an unwilling subject,” according to The International Association of Chiefs of Police.

The National Institute of Justice says law enforcement officers should only use force when other methods to regain control of a situation are ineffective – but data show that police don’t always abide by this rule.

When are NC officers authorized to use force?

According to state law, law enforcement officers can use force on another person to:

  • Prevent someone from escaping custody who has committed a criminal offense

  • Defend themselves or another person from the use of force while attempting to arrest someone or prevent an escape

Law enforcement officers are permitted to use deadly force to:

  • Defend themselves or another person from the use of imminent deadly physical force

  • To arrest or prevent the escape of a person who is attempting to escape with a deadly weapon, or presents an imminent threat of death or physical force to others

  • To prevent the escape of a person from custody who has been convicted of a felony

State law requires law enforcement officers to intervene, if possible, when they observe another officer using excessive force, and report the incidents internally.

How often do NC officers use force?

The FBI began accepting data on use-of-force incidents from law enforcement agencies that chose to participate in the program in 2019.

In 2022, 36 of North Carolina’s 580 law enforcement agencies provided use-of-force data to the FBI, representing 32% of sworn officers in the state, according to the bureau’s Crime Data Explorer. Data from each agency is displayed only when the statistics from a state represent more than 40% of its total officer population.

With only 6% of agencies participating in the FBI’s data collection program, criminal justice advocates have argued that North Carolina lawmakers should make those reports mandatory to hold officers accountable.

In 2021, the N.C. General Assembly authorized a statewide database where records of officers killing or injuring someone are kept, but the information is not available to the public, The Associated Press reported.

Evan Moore
The Charlotte Observer
Evan Moore is a service journalism reporter for the Charlotte Observer. He grew up in Denver, North Carolina, where he previously worked as a reporter for the Denver Citizen, and is a UNC Charlotte graduate.
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