MCOLES State Licensing Practice Exam

If an officer uses a choke hold during an OWI arrest, what is the likely result?

1. It is permissible if the officer felt threatened.

2. It is deemed excessive force.

3. It is acceptable to use any force necessary.

4. It must be reported to a supervisor immediately.

The correct answer is: It is deemed excessive force.

In the context of law enforcement, the use of force must always align with established policies, training guidelines, and legal standards. A choke hold, which is a technique that restricts airflow and can potentially lead to serious harm or even death, is generally viewed as a high level of force that can easily be deemed excessive in a situation such as an Operating While Intoxicated (OWI) arrest. Officers are trained to assess the level of threat and to respond with appropriate force based on that assessment. In many jurisdictions, the use of a choke hold is prohibited or highly regulated, particularly in situations where the subject does not pose an immediate and significant threat. An OWI arrest, while potentially dangerous, typically does not escalate to a level where such force would be justified. If an officer were to use a choke hold under these circumstances, it would likely be deemed excessive force as it does not meet the necessary criteria of reasonableness and proportionality expected in law enforcement encounters. The consequences of using excessive force can include disciplinary action against the officer, external investigations, and civil liability for the department. Thus, the use of a choke hold in this scenario aligns with the understanding that such an action is considered excessive.