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  #41  
Old 16 April 2018, 00:20
34RX 34RX is offline
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[QUOTE=

I miss SOTB's comments on these issues.[/QUOTE]

As a cop, this cannot be overstated. His insight was invaluable and helped me be a better police officer. He is sorely missed.
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  #42  
Old 16 April 2018, 12:24
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The Coalition to Stop Gun Violence has been instructing people to engage in swatting known gun owners. Hopefully, no gun owners will die going to the grocery store. Virginia open carrier Swatted.
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  #43  
Old 16 April 2018, 20:59
Fu King Lawyer Fu King Lawyer is offline
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I am certainly not trying to stir up further commentary, but offer this as an example of the law of Use of Force:

https://www.nytimes.com/2015/06/29/n...apee-shot.html

David Sweat, Escaped New York Convict, Is Shot and Captured as Hunt Ends

"Mr. Sweat, who was spotted and captured within a few miles of the Canadian border, was unarmed and wearing camouflage clothes....."

If the officer has probable cause to believe that if allowed to escape, death or serious bodily harm may result to officers or to others, the officer is justified in using deadly force to prevent the escape.

The officer may shoot an unarmed person, the officer may shoot the person in the back. It is all consistent with Tenn v Garner and with Graham v Connor.

Here the officers were responding to a reported murder and hostage situation in progress. Obviously the DA concluded the officer had p/c to believe that death or serious bodily harm would occur.

SOTB (RIP) might respond "So, it's simple as that?", and I would reply "Of Course not".
v/r
fkl
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  #44  
Old 17 April 2018, 02:23
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There's a marked difference to be noted between an escaped convict and a fleeing suspect. S/F....Ken M
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  #45  
Old 17 April 2018, 07:19
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Murder convict to boot. Sure hate to see those laws applied to a escaped Check Forger though.
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  #46  
Old 17 April 2018, 13:07
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Quote:
Originally Posted by Polypro View Post
Murder convict to boot. Sure hate to see those laws applied to a escaped Check Forger though.
Absolutely. There is language in the case law that addresses that. One of the factors that must be considered prior to deploying lethal force is the nature of the crime, violent felony. Of course should a check forger use deadly force to facilitate fleeing and/or can reasonably be construed to be an immediate threat to the public (ie running toward a school bus with gun in hand), that could also fall under Garner.
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  #47  
Old 17 April 2018, 20:37
Fu King Lawyer Fu King Lawyer is offline
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Originally Posted by EchoFiveMike View Post
There's a marked difference to be noted between an escaped convict and a fleeing suspect. S/F....Ken M
E5M, both require p/c to believe death or serious bodily harm will result in order to justify the application of deadly force.... But the law is the same. I do agree that the p/c is much easier to establish with shooting a convicted killer. But in the case cited, dispatch advised the subject had already killed.... v/r fkl
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  #48  
Old 17 April 2018, 20:42
Fu King Lawyer Fu King Lawyer is offline
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Quote:
Originally Posted by Polypro View Post
Murder convict to boot. Sure hate to see those laws applied to a escaped Check Forger though.
It depends upon the setting. The officers manning BoP or DoC towers will shoot a prisoner on the wire and are not required to first determine if the attempted escapee is in for murder or bad checks. OTOH, some facilities are exclusively for non-violent felons, and the UofF rules are adjusted. After a successful escape, the status of the prior conviction, criminal record, mental history, etc., will all come into play if encountered by LEO on the street. v/r fkl
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