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Message

re: Trying to Disarm a Police Officer

Posted on 8/15/14 at 6:11 pm to
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 8/15/14 at 6:11 pm to
quote:

arguing FOR a massive authoritarian state to tell you what to eat,


Keep it in the awesome lunch thread zippy!
Posted by Scruffy
Kansas City
Member since Jul 2011
72059 posts
Posted on 8/15/14 at 6:11 pm to
quote:

The grand jurors in my neck of the woods haven't seen it that way.
So, you are saying that a person who is defending their home who shoots a fleeing robber in the back won't be charged?
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 8/15/14 at 6:14 pm to
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 by LSU FREAK
Meridian, Ms
Member since Jan 2005
1567 posts
Posted on 8/15/14 at 6:26 pm to
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 by onmymedicalgrind
Nunya
Member since Dec 2012
10590 posts
Posted on 8/15/14 at 6:28 pm to
You seem like a great guy to grab a beer with.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 8/15/14 at 6:29 pm to
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.

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 by Jagd Tiger
The Kinder, Gentler Jagd
Member since Mar 2014
18139 posts
Posted on 8/15/14 at 6:35 pm to
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 by cwill
Member since Jan 2005
54752 posts
Posted on 8/15/14 at 7:04 pm to
You're still misreading the law.

quote:

More powerful, they are the finders of fact.


Finders of fact that have misapplied the law.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 8/15/14 at 7:05 pm to
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 by Five0
Member since Dec 2009
11354 posts
Posted on 8/15/14 at 7:10 pm to
My post included citations to back my assertions. Yours?
Posted by GooseSix
Member since Jun 2012
19512 posts
Posted on 8/15/14 at 7:52 pm to
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.
Posted by geauxbrown
Louisiana
Member since Oct 2006
19430 posts
Posted on 8/15/14 at 8:50 pm to
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 by geauxbrown
Louisiana
Member since Oct 2006
19430 posts
Posted on 8/15/14 at 8:56 pm to
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 by cwill
Member since Jan 2005
54752 posts
Posted on 8/15/14 at 9:00 pm to
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 by Five0
Member since Dec 2009
11354 posts
Posted on 8/15/14 at 9:10 pm to
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 by Dick Leverage
In The HizHouse
Member since Nov 2013
9000 posts
Posted on 8/15/14 at 10:19 pm to
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 by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 8/15/14 at 10:30 pm to
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.
Posted by novabill
Crossville, TN
Member since Sep 2005
10436 posts
Posted on 8/15/14 at 10:41 pm to
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.
Posted by novabill
Crossville, TN
Member since Sep 2005
10436 posts
Posted on 8/15/14 at 11:07 pm to
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 by Five0
Member since Dec 2009
11354 posts
Posted on 8/15/14 at 11:19 pm to
Missed my earlier posts Nova.
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