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Message
Justification for shootings by cops...
Posted on 7/19/16 at 6:05 pm
Posted on 7/19/16 at 6:05 pm
Got in a heated discussion with a friend today...My stance is that if you resist arrest while possessing a gun, anything that may result from that is justified. He is in total disagreement with that thought. What thus the OT say?
19
Posted on 7/19/16 at 6:06 pm to dallaslsufan
Posted on 7/19/16 at 6:07 pm to dallaslsufan
quote:Whilst hither and thither
What thus the OT say?
Posted on 7/19/16 at 6:07 pm to dallaslsufan
You're wrong
Posted on 7/19/16 at 6:07 pm to dallaslsufan
quote:
My stance is that if you resist arrest while possessing a gun, anything that may result from that is justified.
I see what point you're making but it's not completely true. While it's understandable I wouldn't say justified in every single case.
Posted on 7/19/16 at 6:12 pm to ClientNumber9
If you are armed and fighting with the cops and you get shot the first thing I will do is rejoice that we don't have to pay for your food. The second thing I will do is hope I can make my way onto the jury so I can vote acquit!
Posted on 7/19/16 at 6:18 pm to Breaux
quote:
You're wrong
What should they do ease up and allow them to get their weapon and hope you are quicker on the draw that day. Absolutely no reason to resist an officer unless you have something to get away from, and if your resisting with a gun on you chances are it won't end well....
Posted on 7/19/16 at 6:18 pm to omegaman66
I feel that I cannot see an instance where I could convict a cop in that circumstance. The combination of resisting along with having a gun....I just can't see it...I don't expect cops to risk there life in that instance. Shoot and call it a day. I will back you.
Posted on 7/19/16 at 6:25 pm to dallaslsufan
quote:
What thus the OT say?
Get new friends that aren't liberals or pussies.
Posted on 7/19/16 at 6:35 pm to dallaslsufan
quote:
heated discussion with a friend today...My stance is that if you resist arrest while possessing a gun, anything that may result from that is justified. He is in total disagreement with that thought. What thus the OT say?
No. I'm in total disagreement as well. You need to assess more information than simply whether or not they are armed. Using lethal force requires a reasonable belief that your life or the life of a fellow officer is subject to the imminent threat of death or bodily injury.
A criminal can exhibit passive resistance or active resistance with this not being a direct threat to the officer. Brown was actively resisting and was not shot until he escalated with a signal of a more aggressive intention - he reached for his gun when the officer lost control of his hand/wrist/arm.
This post was edited on 7/19/16 at 6:43 pm
Posted on 7/19/16 at 6:39 pm to Willie Stroker
quote:
No. I'm in total disagreement as well. You need to assess more information than simply whether or not they are armed. Using lethal force requires a reasonable belief that your life or the life of a fellow officer is subject to the imminent threat of death or bodily injury.
If I'm a cop and you're resisting with a gun in your possession, there's my reasonable belief. You're dying.
Posted on 7/19/16 at 6:39 pm to dallaslsufan
Regardless of the OT, the law disagrees with you.
Posted on 7/19/16 at 6:41 pm to bayourougebengal
quote:
, there's my reasonable belief. You're dying.
Careful there Tex. You may spend the rest of your life in jail.
Posted on 7/19/16 at 6:43 pm to Sid in Lakeshore
quote:
Regardless of the OT, the law disagrees with you.
So what does the law say?
Posted on 7/19/16 at 6:46 pm to bayourougebengal
quote:
If I'm a cop and you're resisting with a gun in your possession, there's my reasonable belief. You're dying.
Just know that you'll have to defend it twice - once on paper and once more in court. You'd better hope that there's video which matches your description.
I can resist by saying frick You with a gun in my holster. I can resist by going limp and not let you cuff me. Shooting me in response to these actions could easily get you charged with some level of murder.
Posted on 7/19/16 at 6:46 pm to dallaslsufan
quote:
Got in a heated discussion with a friend today...My stance is that if you resist arrest while possessing a gun, anything that may result from that is justified. He is in total disagreement with that thought. What thus the OT say?
depends how and what you resist and where the gun is, IMO. For example, someone refusing a breathalyzer test with a gun on them, or someone is refusing to turn down their radio at the cops request, shooting is a No No. There are a host of other factors too, such as the location of the person's hands. If someone has their hands clearly in the air an in a submissive position, while refusing some other orders, mostly would be a No no to shoot, IMO. If someone breaks down crying and stands shaking with a gun holstered, a No no to shoot. SOmeone running away like Usain bolt after a non-violent crime, a No no to shoot. It's not that simple.
This post was edited on 7/19/16 at 6:49 pm
Posted on 7/19/16 at 6:50 pm to bayourougebengal
quote:
If I'm a cop and you're resisting with a gun in your possession, there's my reasonable belief. You're dying.
Unfortunately, there are a some cops out there with this belief who do not attend to other factors.
Posted on 7/19/16 at 6:52 pm to Willie Stroker
quote:
Using lethal force requires a reasonable belief that your life or the life of another is subject to the imminent threat of death or bodily injury.
Posted on 7/19/16 at 6:55 pm to dallaslsufan
Your friend is right.
The subject can have a pistol in his waistband or pocket, but if he is glaring at you (psychological intimidation) or just standing there not listening (verbal noncompliance), you're not justified to shoot even though those are levels of resisting.
Your argument doesn't cover the wide spectrum that would justify deadly force.
If he reaches for the weapon even though you are giving commands to keep his hands up, that level of resistance can be determined as deadly force assault.
The subject can have a pistol in his waistband or pocket, but if he is glaring at you (psychological intimidation) or just standing there not listening (verbal noncompliance), you're not justified to shoot even though those are levels of resisting.
Your argument doesn't cover the wide spectrum that would justify deadly force.
If he reaches for the weapon even though you are giving commands to keep his hands up, that level of resistance can be determined as deadly force assault.
This post was edited on 7/19/16 at 6:57 pm
Posted on 7/19/16 at 6:58 pm to dallaslsufan
quote:
He is in total disagreement with that thought
As am I.
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