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re: Question for OT Law Enforcement Officers...BR Shooting Related

Posted on 6/15/17 at 1:20 pm to
Posted by SamuelClemens
Earth
Member since Feb 2015
11727 posts
Posted on 6/15/17 at 1:20 pm to
quote:

jury


Society has gone crazy.
Posted by phil good
Baton Rouge
Member since Aug 2013
1708 posts
Posted on 6/15/17 at 1:26 pm to
(no message)
This post was edited on 9/24/20 at 7:15 pm
Posted by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 6/15/17 at 1:33 pm to
Does he lose his right to carry a firearm when he gets pulled over? If not the cop in your scenario can frick off.

I'm of the opinion that our police force should be cut roughly in half (or more) and that the remaining cops aren't forced to harass citizens for having brake lights out. Then you arm them to the teeth and they work in groups of 2-3. A small but militarized force that isn't concerned with petty crime.
This post was edited on 6/15/17 at 1:38 pm
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 6/15/17 at 1:34 pm to
quote:

I'm just wondering what the official policy is.


Research Graham v. Connor.

That is what mainly governs police in lethal force situtations.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 6/15/17 at 1:37 pm to
quote:

Does he lose his right to carry a firearm when he gets pulled over?


Yes. For officer safety reasons the police can require you to leave your gun inside the vehicle on a lawful stop.

Also, you right to carry does not supersede his right to protect himself if he perceives himself in danger.

So you could run into the scenario if you legally carrying while he legally takes a lethal force action against you.
Posted by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 6/15/17 at 1:40 pm to
quote:



Yes. For officer safety reasons the police can require you to leave your gun inside the vehicle on a lawful stop.

Also, you right to carry does not supersede his right to protect himself if he perceives himself in danger.

So you could run into the scenario if you legally carrying while he legally takes a lethal force action against you.


We love our big government don't we folks? All it takes to vindicate a murderer in uniform is for him to claim he was afraid
This post was edited on 6/15/17 at 1:42 pm
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 6/15/17 at 1:42 pm to
quote:

We love our big government don't we folks?



How does that have anything to do with big govt?

That statement makes no sense.
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 6/15/17 at 1:42 pm to
quote:

Police officers should be in schools routinely to drive into kids how to act around police officers. If they grow up and choose to act like a moron, they will suffer the consequences of their stupidity.


If you need to be taught that exiting your vehicle with gun in hand to interact with a LEO is a very bad idea, then you have issues that cannot be fixed.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 6/15/17 at 1:46 pm to
quote:

All it takes to vindicate a murderer in uniform is for him to claim he was afraid


Which is the same justification for all citizens.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20405 posts
Posted on 6/15/17 at 1:48 pm to
Stop feeding the troll.
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 6/15/17 at 2:04 pm to
quote:

you have a gun in your hands as you exit a vehicle, expect to be shot.


Hell you can have a cell phone or even your license in your hand when you get out and be shot. See the Opelika shooting in Alabama for that...
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 6/15/17 at 2:06 pm to
quote:

Also, you right to carry does not supersede his right to protect himself if he perceives himself in danger.



I have to ask when did society choose to let officers protect themselves but stop citizens from protecting themselves?

Why is one person's safety put above another?
Posted by TigerBait2008
Boulder,CO
Member since Jun 2008
40491 posts
Posted on 6/15/17 at 2:16 pm to
quote:

Does exiting a vehicle with a firearm in your hand give a police officer sufficient justification to react with lethal force


Yes


/thread
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 6/15/17 at 2:17 pm to
quote:

I have to ask when did society choose to let officers protect themselves but stop citizens from protecting themselves?

Why is one person's safety put above another?


I'm not following you?

On a traffic stop, an officer has probable cause to stop and detain you due to you committing a violation of the law. During this stop, the officer is allowed certain procedures to help ensure his safety as he is doing his job.

Courts have supported this for decades.

Are you saying that there should be no procedures in place to help keep police safe as they enforce the law?
This post was edited on 6/15/17 at 2:18 pm
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 6/15/17 at 2:21 pm to
quote:

Are you saying that there should be no procedures in place to help keep police safe as they enforce the law?



No, not at all. Obviously I think all officers should be safe in all the work they do.

My point is to point out the double standard. If an officer pulls out his weapon and points it at me, even without cause there's not a court in the world that would justify me opening fire on said officer, even though I am very much fearing for my life.

Meanwhile if I pull out a firearm and point it at an officer I am understandably dead meat.
This post was edited on 6/15/17 at 2:23 pm
Posted by Tiger Prawn
Member since Dec 2016
26337 posts
Posted on 6/15/17 at 2:21 pm to
quote:


We love our big government don't we folks? All it takes to vindicate a murderer in uniform is for him to claim he was afraid


Can you think of any other reason that a person would exit their vehicle holding a gun during a police traffic stop other than intending to threaten or shoot the officer that pulled them over?

Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 6/15/17 at 2:24 pm to
quote:

Can you think of any other reason that a person would exit their vehicle holding a gun during a police traffic stop other than intending to threaten or shoot the officer that pulled them over?


Posted by TigerBait2008
Boulder,CO
Member since Jun 2008
40491 posts
Posted on 6/15/17 at 2:25 pm to
Lol
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 6/15/17 at 2:26 pm to
quote:

My point is to point out the double standard. If an officer pulls out his weapon and points it at me, even without cause there's not a court in the world that would justify me opening fire on said officer, even though I am very much fearing for my life. 


Oh ok. I see and understand your point.

It is a complicated thing.

It's a balancing act of justifiable authority vs abuse of authority but it's what we have and I don't know of a better system.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139229 posts
Posted on 6/15/17 at 2:29 pm to
quote:



I depends on the officers perception and if his perception was reasonable.

This is the bulk of the argument.

Every situation in unique and dynamic in it's own way. That's why I hate why people like Gravy try to compare 2 different scenarios as if they're all identical.

If a cop has legit cover, I can see him giving the suspect some time/space. But, if the cop or his partner are exposed and/or in close proximity with the subject, I don't see how they can be faulted for pulling the trigger. "Reasonable fear" is more than justified.
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