Letters to the editor
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Reasonable suspicion is enough for a stop
Regarding the arrest of Jordan Miles: Recently, three police officers in the city of Pittsburgh have had their use of force tactics come under attack because of the injuries sustained by the actor ("3 Officers Accused in Beating Suspended With Pay," Feb. 2). I have read the criminal complaint and the first thing that I must point out is that probable cause was not required to make the initial stop as most people think.
Under Terry v. Ohio, a stop only needs to be based on a reasonable suspicion that the subject is about to or has recently engaged in some criminal activity and you are temporarily detaining him to investigate. This is less than probable cause, which is needed for an arrest. Additionally, the use of force is permissible as long as it is reasonable.
In Graham v. Connor, the Supreme Court gave us the current use of force standard, which is "objective reasonableness" under the Fourth Amendment. An officer doesn't have to be perfect or use the least amount of force available. The incident must be judged on the totality of the circumstances at the time the force is used.
The court made it clear that the use of force cannot be measured by what you could have done differently; it is what the involved officers knew or believed at the time of the incident. The court specifically cautioned against applying "20/20 hindsight." The court made it clear that perfection is not expected and is not the standard to be applied. Officers are not expected to evaluate all possible alternatives before they act. They only need to do what a "reasonable" officer "reasonably trained" would have done in the same situation.
MICHAEL HAVENS
Past President
Fraternal Order of Police
Fort Pitt Lodge No. 1
Banksville
Rename 'agenda'
Councilman Ricky Burgess may believe he is acting in the community's best interest with the introduction of his "Jordan Miles Public Safety Reform Agenda," but in truth, he's inflaming the community ("Video Cameras Proposed for City Police Cars," Feb. 3). Mr. Miles' case has not been adjudicated, and the investigation into the officers' actions has not been completed. Yet naming the "agenda" after Mr. Miles implies he was a martyr, innocent and wronged by the Pittsburgh police, something yet to be proved.
First Published February 10, 2010 12:00 am
