Also known as: apply physical force · applied physical force · applying physical force · physical force · use of force
Written by attorneys · grounded in primary & secondary sources — see below
A direct exertion of bodily strength or contact against a person that compels action or restrains movement. The exertion satisfies legal elements when it produces confinement, entry, seizure, or compelled conduct without effective consent.
Alice Atkins approached the rear entrance of a neighbor's home after midnight. She pushed the closed but unlocked door inward with her shoulder. The slight pressure allowed her to step inside intending to steal jewelry. The entry satisfied the breaking element of burglary.
Anika Anand stood near the exit of a storage room during an argument with her supervisor. The supervisor grabbed her arm and physically prevented her from leaving. Anika remained inside the room under the supervisor's restraint. Her continued presence constituted confinement by application of physical force.
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Officer Owens pursued a fleeing suspect on foot and then tackled him to the ground. The tackle applied physical force that momentarily restrained the suspect's movement. Even though the suspect later broke free, the contact effected a seizure under the Fourth Amendment.
Antonio Alvarado found a trespasser removing equipment from his construction site. He first demanded that the trespasser stop and leave the premises. Only after the demand was ignored did Antonio apply physical force to remove the equipment. The prior request rendered the subsequent force justifiable.
Alexis Archer received permission to enter a friend's apartment only during daytime hours to retrieve belongings. She arrived after midnight and used force to push open the door. The resident had not consented to entry at that hour. The nighttime forced entry constituted a breaking.
Alan Ackerman attempted to leave a locked office during a dispute. The building manager physically overpowered him and forced him back into a chair. The manager maintained control through continued bodily restraint. The conduct produced confinement by overpowering physical force.
Physical compulsion occurs when one party directly moves another's body to produce apparent assent, such as guiding a hand to sign. The resulting conduct is not a manifestation of assent at all, rendering any supposed contract void. Threats, by contrast, may render a contract voidable rather than void.
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A seizure requires either the application of physical force by an officer or submission to a show of authority. Mere pursuit or an order to stop does not qualify. The force must restrain the suspect's movement even if the restraint ultimately fails.
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Consent to entry means the defendant's use of force does not constitute a breaking. Consent limited to certain times does not authorize force at other times. Consent procured by fraud or threats instead supports a constructive breaking.
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The actor must first request that the interfering person desist unless the request would be useless or dangerous. The request requirement ensures force is a last resort after notice. Failure to request when feasible renders the force unjustified.
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…(by helping organized crime) affects commerce among the States. But, why then cannot Congress also reason that the threat or use of force—the frequent consequence of possessing a gun—in or near a school occurs sufficiently often so that such activity (by inhibiting basic education) affects commerce among the States? The…