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Message
re: Trying to Disarm a Police Officer
Posted on 8/15/14 at 6:11 pm to Jagd Tiger
Posted on 8/15/14 at 6:11 pm to Jagd Tiger
quote:
arguing FOR a massive authoritarian state to tell you what to eat,
Keep it in the awesome lunch thread zippy!
Posted on 8/15/14 at 6:11 pm to Five0
quote:So, you are saying that a person who is defending their home who shoots a fleeing robber in the back won't be charged?
The grand jurors in my neck of the woods haven't seen it that way.
Posted on 8/15/14 at 6:14 pm to Five0
quote:
Posted by Five0 The grand jurors in my neck of the woods haven't seen it that way.
They aren't legal authorities, they're emotional citizens and they incorrectly held that a murder occurring outside the parameters of the law you cited as justified.
Posted on 8/15/14 at 6:26 pm to Scruffy
I am glad he shot him. If you don't want to get shot in the face; don't sit on your porch throwing gang signs, don't rob stores and assault the workers, don't resist arrest and assault police officers, and never go after their weapon. This guy was a thug piece of shite and he got what he asked for. I for one am tired of TAOS thinking they can do whatever the frick they want with no consequences. I wish a majority of the looters who were "protesting" would have caught a bullet.
Posted on 8/15/14 at 6:28 pm to LSU FREAK
You seem like a great guy to grab a beer with.
Posted on 8/15/14 at 6:29 pm to Scruffy
That would be a fleeing burglar, not a fleeing robber. So no I am not saying that at all.
But to my point 13A-3-27(g)
A private person acting on his own account is justified in using physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he reasonably believes has committed a felony and who in fact has committed that felony, but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
A person that tries to take a firearm from anyone is a danger to society. Arguing that they are not is not reasonable. This is the crux of case regarding LEOs shooting fleeing felons. (TN v Garner).
I do love AL in that we equate citizens with officers in certain situations. Although Alabama law generally equates the arresting citizen's role with that of an officer, Burnell v. State, 24 Ala.App. 588, 139 So. 435 (1932), and thus justifies his killing of one “guilty of felony” to prevent his escape (or arrest), Dredd v. State, 26 Ala.App. 594, 164 So. 309 (1936), this section, via subsection (f) limits him in using deadly physical force to meet deadly force, or when the authorizing officer himself is entitled to use deadly physical force.
Alabama law allows a private person, acting upon his own initiative, to arrest for any crime committed in his presence; or where a felony has been committed by the arrestee though not in his presence; or where a felony has been committed and he has reasonable cause to believe the person arrested committed it. Section 15-10-7; see Burnell v. State, supra.
More powerful, they are the finders of fact.
But to my point 13A-3-27(g)
A private person acting on his own account is justified in using physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he reasonably believes has committed a felony and who in fact has committed that felony, but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
A person that tries to take a firearm from anyone is a danger to society. Arguing that they are not is not reasonable. This is the crux of case regarding LEOs shooting fleeing felons. (TN v Garner).
I do love AL in that we equate citizens with officers in certain situations. Although Alabama law generally equates the arresting citizen's role with that of an officer, Burnell v. State, 24 Ala.App. 588, 139 So. 435 (1932), and thus justifies his killing of one “guilty of felony” to prevent his escape (or arrest), Dredd v. State, 26 Ala.App. 594, 164 So. 309 (1936), this section, via subsection (f) limits him in using deadly physical force to meet deadly force, or when the authorizing officer himself is entitled to use deadly physical force.
Alabama law allows a private person, acting upon his own initiative, to arrest for any crime committed in his presence; or where a felony has been committed by the arrestee though not in his presence; or where a felony has been committed and he has reasonable cause to believe the person arrested committed it. Section 15-10-7; see Burnell v. State, supra.
quote:
They aren't legal authorities,
More powerful, they are the finders of fact.
This post was edited on 8/15/14 at 6:31 pm
Posted on 8/15/14 at 6:35 pm to cwill
quote:
Keep it in the awesome lunch thread zippy!
keep pointing out assholes like you are massive flaming hypocrites? ok, easily done, after all, you are what you are.
Posted on 8/15/14 at 7:04 pm to Five0
You're still misreading the law.
Finders of fact that have misapplied the law.
quote:
More powerful, they are the finders of fact.
Finders of fact that have misapplied the law.
Posted on 8/15/14 at 7:05 pm to Jagd Tiger
quote:
keep pointing out assholes like you are massive flaming hypocrites?
I congratulated you on winning the lunch battle based on an article that didn't support your point!
Posted on 8/15/14 at 7:10 pm to cwill
My post included citations to back my assertions. Yours?
Posted on 8/15/14 at 7:52 pm to LSU FREAK
TPOS's deserve TPOS deaths. This was not a kid. He knew exactly what he was doing and he received the correct consequence of his actions.
The End.
The End.
Posted on 8/15/14 at 8:50 pm to cave canem
quote:
quote:
Yes he did, he had already responded to a "sick" call and then was informed of the robbery
not according to his dept.
quote:
And as for your statute, what judge would convict a police officer of shooting someone who tried to take their gun from them.
not even close to what you posted
quote:
And none of your fricking bueinsess who my friend was. It happened in MS in the late 80's
quote:
bueinsess
Que? Mr. tough Guy
No tough guy, I just know how much pressure these guys are under. Much of it because rat bastards like yourself.
As for my friend. His name was Tommy Bourne, he was a deputy for Jeff Davis County. Happened in 1997. Look it up a-hole.
I'll bet you're one of those SOB's that cries about the police until you need them. Then you'll bitch and moan if they don't 'protect and serve" you.
Posted on 8/15/14 at 8:56 pm to DelU249
quote:
I've had TWO positive interactions among what 15 direct interactions...cops are fricking dicks...nothing about interacting with them is pleasant...a situation where the citizen is hurling f bombs at them is rare because we know they're dicks, they're armed, and they have little man syndrome (i.e. they'll take a small thing and escalate it beyond belief)
people don't step out of line when they're afraid...so bravo law enforcement...you're terrifying the citizenry
I'm 47 years old and have never had a negative experience with law enforcement. I've had my fair share of speeding tickets but it's amazing how smoothly these go when you respond with "yes sir" and "no sir"
I can't imagine someone having 15 interactions with the police. Guess I'm living under a rock.
Posted on 8/15/14 at 9:00 pm to Five0
Not surprisingly Alabama law is mired in the 1930s...a time of civic pride and justice. And they don't comport with the plain wording of the statute.
Posted on 8/15/14 at 9:10 pm to cwill
quote:
Not surprisingly Alabama law is mired in the 1930s...a time of civic pride and justice. And they don't comport with the plain wording of the statute.
Again, yours?
Posted on 8/15/14 at 10:19 pm to Tiger n Miami AU83
I am not trusting this cops word that the guy was trying to take his gun. More plausible scenario is that after he physically grabbed the robber the boy fought back and punched the cop in the face. The adrenaline filled cop shot him, causing separation, and the boy fled. That is where it should have ended. Sounds like the very angry cop got out of his car and shot him again in the back. The boy knew he was not getting away so he stopped fleeing and gave up. The cop was so filled with adrenaline and angry about being punched that he could not stop his impulse to continue firing. All conjecture but seems the most plausible sequence of events.
Posted on 8/15/14 at 10:30 pm to geauxbrown
I don't like what are police are becoming in 2014.
But....
OP is correct. It is just speculation but anyone that goes for a cop's gun is gonna die if they don't get it and that is an instance where I'm OK with it.
Anyone who goes for the side arm relinquishes any opportunity for the benefit of the doubt IMHO.
But....
OP is correct. It is just speculation but anyone that goes for a cop's gun is gonna die if they don't get it and that is an instance where I'm OK with it.
Anyone who goes for the side arm relinquishes any opportunity for the benefit of the doubt IMHO.
Posted on 8/15/14 at 10:41 pm to geauxbrown
Geaux
My friend was a cop so anyone that thinks ill of police should die.
I do not know what happened. Neither do you. Your friend was not involved.
My friend was a cop so anyone that thinks ill of police should die.
I do not know what happened. Neither do you. Your friend was not involved.
Posted on 8/15/14 at 11:07 pm to Tiger n Miami AU83
quote:
If I am out n about carrying my firearm and someone tries to take it from me physically and they fail, there is going to be a price to pay. Meaning I'm going to take it as an attempt to kill me and therefore, I'm gonna try and kill you.
Too bad you not a cop.
You will go to jail
Posted on 8/15/14 at 11:19 pm to novabill
Missed my earlier posts Nova.
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