If a suspect is crossing their arms and not allowing you to place handcuffs on them, is the use of a baton permitted?

The statement that passive resistance does not justify the use of baton strikes is significant because it emphasizes the principle of proportionality in defensive tactics. When a suspect is simply crossing their arms, this behavior is classified as passive resistance, which does not pose an immediate threat to the officer or others. Therefore, using a baton in this scenario would be considered excessive and inappropriate, as it could lead to unnecessary injury and escalation of the situation.

Passive resistance indicates a refusal to comply without violent or aggressive behavior, meaning that it does not warrant forceful responses such as baton strikes under standard use-of-force protocols. Law enforcement training often prioritizes de-escalation techniques and the least amount of force necessary to achieve compliance. In situations involving passive resistance, officers are generally encouraged to use verbal commands, negotiation, or other non-violent means to resolve the situation.

By adhering to this approach, officers can maintain professionalism and minimize the potential for conflict, ensuring that their actions are legally justified and ethically sound.