Officers may use only the amount of force that a reasonable officer under the circumstances would consider necessary. If the force used during a stop goes beyond what was needed based on the facts at the scene, it can qualify as excessive under the Fourth Amendment and New York law. Courts apply an objective reasonableness test, often called the “Graham factors”, that examines the severity of the suspected offense, whether the person posed an immediate threat, and whether the individual was resisting or attempting to flee.
At Roger Victor Archibald, PLLC, we see the aftermath of these encounters up close. That’s why we listen first, then fight. Our work begins with each client’s story and the evidence gathered on the roadside. We translate those facts into the legal standards that define excessive force, and we act quickly to protect our clients’ rights.
The Core Legal Test in Traffic Stops
Under federal law, courts judge the use of force during a stop, arrest, or other seizure under the Fourth Amendment’s objective reasonableness standard. The focus is on the facts and circumstances confronting the officer at the time, not on intent, and not with the benefit of hindsight.
Key factors include:
- The severity of the suspected offense
- Whether the individual posed an immediate threat
- Whether the person was resisting or attempting to flee
Deadly force is even more limited. Officers may not use deadly force against an apparently unarmed and non-dangerous fleeing suspect unless it is necessary to prevent escape and the officer has probable cause to believe the person poses a significant threat of death or serious physical injury to the officer or others.
When we investigate a case, we map each event to these factors so a judge and jury can see why a reasonable officer would not have used that level of force. We explain every step and keep our clients in control while we handle the hard parts.
New York and NYC Rules That Shape the Analysis
NYC’s Chokehold and Diaphragm-Compression Ban
New York City prohibits officers from restricting airflow or blood flow and forbids compressing the diaphragm by sitting, kneeling, or standing on a person’s chest or back. In November 2023, New York’s highest court upheld this law against a police union challenge. If a traffic stop in Brooklyn or anywhere in the five boroughs escalates into those tactics, the conduct can violate city law and support an excessive force claim.
The Eric Garner Anti-Chokehold Act
State law established the crime of aggravated strangulation for police and peace officers who use a chokehold or similar restraint that hinders breathing or blood circulation and causes serious physical injury or death. This statute, PL § 121.13-A, underlines how New York treats chokeholds and related restraints, including those occurring during vehicle stops.
Limits on Force
Under N.Y. Penal Law § 35.30, New York authorizes officers to use physical force only when they reasonably believe it necessary to make an arrest or prevent escape. That authorization is bounded by necessity and proportionality, and it works alongside the constitutional reasonableness test.
Your Right to Record the Police
Under New York Civil Rights Law § 79-p, every person has the right to record police, as long as doing so does not interfere with law enforcement activity. Bystander video, passenger footage, and dash-cam files can be decisive proof of what really happened during a stop. We move fast to preserve that evidence, because it can make the difference between speculation and truth.
Examples That Often Cross the Line
Every case turns on facts, yet certain patterns appear again and again. In each, the question is whether the force used exceeded what a reasonable officer would have done under the same circumstances.
- Pain-compliance or takedown tactics on a cooperative, unarmed driver seated in the car after a minor infraction. A minor violation rarely justifies physical force.
- Strikes, kicks, or baton blows once a person is handcuffed or under control. Gratuitous force after control is gained is typically unreasonable.
- Tasers or chemical spray used to punish verbal non-compliance where no safety risk exists. Proportionality still governs.
- Chokeholds or diaphragm compression during routine stops inside the five boroughs. These tactics are banned by city law and can expose officers to state criminal liability if serious injury results.
- Deadly force against an unarmed, non-dangerous motorist trying to drive away. The Constitution sharply limits deadly force to genuine, immediate threats.
We never rely on labels. We test each action against the objective standard and New York’s specific rules, turning a chaotic roadside encounter into a clear, fact-driven timeline a court can trust.
How a Simple Traffic Stop Can Cross the Line
Consider a driver pulled over in Brooklyn for a broken taillight: hands on the wheel, polite, and compliant. An officer opens the door, pulls the driver out, and forces them to the pavement. If the officer cannot point to facts showing that the driver posed an immediate threat or was trying to flee or resist, a reasonable officer would not need that level of force. Under both federal and city standards, a court could find that the force used was excessive, and in the scenario described here, it likely would.
At Roger Victor Archibald, PLLC, we know the NYPD playbook, and as your Brooklyn excessive force lawyer, we move immediately to secure the proof showing what really happened.
Evidence That Wins Excessive-Force Cases
How We Gather and Use Proof
We work on two tracks at once: stabilizing the client’s life and medical care, while preserving every piece of evidence.
Key evidence includes:
- Body-worn and dash-cam video obtained through timely legal demands and litigation holds.
- Bystander or passenger recordings protected by N.Y. Civil Rights Law § 79-p.
- Medical records linking injuries to each use of force.
- Use-of-force reports, dispatch audio, and radio logs showing what officers reported in the moment.
- Officer histories (where legally permitted).
- Scene forensics and nearby surveillance from businesses or traffic cameras.
Delays can destroy critical files. We explain each step in plain language so our clients never feel lost in the process.
Practical Tips for New Yorkers During a Stop
Knowing these basics can protect your safety and strengthen any future claim:
- Stay calm and visible. Keep your hands in sight and announce movements for documents.
- Ask if you’re free to go. If the stop is complete, leave calmly; if not, comply respectfully.
- Record when safe. Passengers may record, and drivers can set a phone on the dashboard.
- Do not fight force with force. New York prohibits using physical force to resist arrest, even if it feels unjustified. Compliance in the moment protects both you and your case.
- Seek medical care immediately. Prompt treatment and photos strengthen causation.
- Contact us quickly. Notice deadlines are short, and digital files can be overwritten quickly.
At Roger Victor Archibald, PLLC, we treat clients like people, never case numbers. We listen first, then fight, and we stay available because crises don’t keep office hours.
How We Help After a Traffic Stop That Went Wrong
At Roger Victor Archibald, PLLC, led by founder and litigator Roger V. Archibald, we have represented New Yorkers in police-misconduct and injury matters for decades. We act quickly to preserve video, witness accounts, and electronic records controlled by agencies. We build every case around the “Graham factors” and New York law, then collaborate with treating providers and experts to quantify damages.
Because we prepare each case as if it will go to trial, your voice is heard early and clearly, and that preparedness often leads to fair settlements. From the first preservation letter to the final conference, your case is managed by a Brooklyn police misconduct attorney who keeps you informed and empowered.
Contact Roger Victor Archibald, PLLC, Today
If you or someone you love believes the force used during a traffic stop was excessive, contact Roger Victor Archibald, PLLC, for a free consultation. Call us or reach us through our online form. We serve clients throughout Brooklyn and all five boroughs, and we’re ready to help right now.
To learn more, contact our office.
Disclaimer: The articles on this blog are for informational purposes only and are not a substitute for legal advice or an attorney-client relationship. If you need legal advice, please contact our law firm directly.