The Legal and Practical Reality of Chokeholds in Law Enforcement and Civilians

The legality and practicality of chokeholds, or rather carotid restraints, remains a heavily debated topic in the realm of law enforcement and among civilians. Misconceptions about the permissibility of these holds can lead to unnecessary confusion and tension. This article aims to clarify the legal and practical considerations surrounding chokeholds, both for law enforcement and civilians, as well as the alternatives used in modern police training.

Chokeholds and Carotid Restraints

Chokeholds, when improperly applied, can result in severe injury or death. Therefore, their use by civilians in encounters with law enforcement is highly discouraged and, in fact, illegal. Instead, police are trained to use carotid restraints, which block blood flow to the brain momentarily, causing a loss of consciousness. This technique is designed to be safe when properly executed, but it is critical that it is applied correctly and does not affect the trachea.

Several police agencies have banned the use of chokeholds, citing the risk of death and the negative optics of such techniques. The California ban on chokeholds is one such example, applying exceptions only in cases where an officer believes that his or another person's life or limb is in danger. This raises the question: why is it legal for civilians to use chokeholds against police, but not the other way around?

The Context and Misconceptions

It is important to note that the legality of chokeholds does not extend to civilians. It is illegal to assault a police officer, which includes applying a chokehold without their permission. The erroneous source linked in the question does not state that it is legal to use a chokehold on officers. Instead, it discusses instances where officers may be subjected to violent encounters, but these do not justify the unregulated use of chokeholds.

Even within law enforcement, the use of chokeholds is highly regulated. My own experiences in law enforcement during the 1980s and 1990s, and the policies of the agencies where I worked, strictly prohibited the use of chokeholds unless an officer was fighting for their life, and lethal force was authorized. The potential for serious injury or death was deemed to outweigh the benefits of the technique.

Modern Police Training and Tactics

Law enforcement agencies today have significantly changed their force policies to reduce potential hazards and increase professionalism. In many cases, monthly training for self-defense tactics is budgeted, with annual or semi-annual training serving as a supplement. This is because, in practice, force application is never as dramatic as it appears in popular media.

During training sessions, officers are closely monitored to ensure proper technique and safe applications. For instance, at the university police department where I worked, female officers as small as 5'5" tall managed to control individuals effectively using techniques that required no physical force beyond what was necessary. The presence of multiple officers allowed for the safe and effective use of physical control without resorting to chokeholds.

Conclusion

The misuse of chokeholds can lead to serious consequences and is therefore tightly regulated. While it may be legal for civilians to attempt to use such techniques against police, it is both dangerous and illegal. Proper police training emphasizes the use of humane and non-harmful techniques to manage situations effectively. The debate over chokehold use continues, but the focus should remain on safety and professionalism in law enforcement.