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re: California eyes changing LEO deadly force standard

Posted on 4/7/18 at 5:36 pm to
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 4/7/18 at 5:36 pm to
This strikes me as an emotional response to a tragic event that will lead to more deaths and more problems in the long run.

No cop wants to shoot anyone even when they have to for numerous, obvious reasons.

Laws like this just lead to more mayhem and fewer quality candidates wanting to be LEOs.

Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105405 posts
Posted on 4/7/18 at 5:36 pm to
The point I am making is to say an officer absolutely has to see a gun before taking lethal action is ludicrous.

If someone is being asked to submit to police orders and stand down and instead take an aggressive posture like that, and asking an officer to not take lethal action is unreasonable. Sorry Shorty.

I wouldn't accept an officer to shoot someone just standing with their arms behind their back, but should they make a movement like he did, how could you say buckle up buttercup you better not shoot because you can't tell if he had a weapon when he raised his hand towards you?

That's just silly and unrealistic expectations.
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105405 posts
Posted on 4/7/18 at 5:37 pm to
quote:

Yeah. But he can't just surmise a fricking gun.


Sure he can and should
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 4/7/18 at 5:41 pm to
quote:

My grief comes when they seem to think they should be take zero risk of harm.


If fire fighters approached the risk of their job the same as cops we would be hearing "Yes, there could have been children still in the burning building, but I feared for my life, and I have a right to go home at night."
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5708 posts
Posted on 4/7/18 at 5:45 pm to
quote:

What I'm suggesting is the cop shouldn't pull the trigger until he at least sees a gun.


What if perp is running from cops, they can see him doing something with his hands near his waistband but they can’t see what it is because his body is blocking their view. The perp suddenly begins to stop and turn back towards them...

Do they have to wait and visually confirm a gun is being brought up before they can shoot? If not, they could end up shooting an unarmed man who was simply about to give up and submit to arrest. Or that guy could have drawn a weapon and that split second was all they had to decide whether to shoot or not.

This shite isn’t black and white. That’s why the standard is what a reasonable person would have done in the shoes of that officer. That entirely depends on the officers perspective, not what we think about the situation after the fact and after we know more than the officer did in the moment.
Posted by NoSaint
Member since Jun 2011
11281 posts
Posted on 4/7/18 at 5:47 pm to
I don’t jump to defend police but the standard has to be something like reasonable fear and not imminent danger.

There are instances when it’s reason to misread a situation and harm isn’t imminent. But the jury needs to use reasonable fear as a highly trained and armed professional not reasonable fear as a defenseless and helpless person.
This post was edited on 4/7/18 at 5:48 pm
Posted by TigerBait1971
PTC GA
Member since Oct 2014
14865 posts
Posted on 4/7/18 at 5:51 pm to
Homie pulls out and points a big scary arse gun at a cop, but the gun is a BB gun.

There is zero threat to life, but there sure is the fear of that threat.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 4/7/18 at 5:52 pm to
quote:

The point I am making is to say an officer absolutely has to see a gun before taking lethal action is ludicrous.


That's why my response to that was that you don't have to actually see it. But, you can't friggin surmise it either.

The dude with the "shower head"? Yeah. That was a damned fine shoot. No problem with it.

I also think how the interaction starts matters. I think the bar simply MUST be higher for interactions started by cops than by citizens. You pull me over for speeding, your bar for deciding you're scared enough to shoot me needs to be higher than you knowing I was just involved in a more serious crime and you're rolling up on me or caught me in the act.

quote:


If someone is being asked to submit to police orders and stand down and instead take an aggressive posture like that,
My posts in this thread have been general. You take a shooting poster to someone, you're gonna get shot and deserve it.

quote:


I wouldn't accept an officer to shoot someone just standing with their arms behind their back, but should they make a movement like he did,


Well of course. But, alas, we have people get shot MUCH less significant movements.

quote:

how could you say buckle up buttercup you better not shoot because you can't tell if he had a weapon when he raised his hand towards you?
I think you misunderstand me. Do what the guy in the GIF did, you get shot and I'm good with it.

But we have cops using FEAR of what that guy did to shoot a guy who flinches.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 4/7/18 at 5:53 pm to
quote:

Sure he can and should

I think you're reading something in to what I'm saying that I'm not.

I'm talking about cases where they're like, "I thought he was reaching for a gun".

Sorry cop. You're just gonna have to do better than that.

But yeah. Raise your arms towards me? You're probably going to have a bad day.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 4/7/18 at 5:56 pm to
quote:


This shite isn’t black and white.
True

quote:

That’s why the standard is what a reasonable person would have done in the shoes of that officer.
A horrible standard. A "reasonable person" isn't a trained cop.

Private Snuffy in Afghanistan wasn't allowed to shoot someone he "thought" MIGHT present a threat. And Snuffy was in a fricking war zone.

Moreover, I can't shoot someone in my own neighborhood using that same "reasonable person" standard. If I shoot your arse just cause you turned around towards me quickly and you're unarmed.........I'm going to be arrested by that same cop who wants a pass for it.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 4/7/18 at 5:56 pm to
quote:

If fire fighters approached the risk of their job the same as cops we would be hearing "Yes, there could have been children still in the burning building, but I feared for my life, and I have a right to go home at night."



Yup
Posted by NoSaint
Member since Jun 2011
11281 posts
Posted on 4/7/18 at 5:59 pm to
quote:

Homie pulls out and points a big scary arse gun at a cop, but the gun is a BB gun.

There is zero threat to life, but there sure is the fear of that threat.


Right - or dude ignores commands and reaches and pulls something metallic in a way that reasonably resembles a gun... I get it.

But when you have 9 officers with guns drawn and the guy crawling down the hotel hallway in that one video and he grabs his slipping pants... well, not so much. Or if the B.B. gun in your example is a yellow nerf gun that shoots foam darts I expect my officers to be able to tell the difference... I am down for reasonable fear but it’s got to be applied as highly trained, armed, and often with backup, professional.
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5708 posts
Posted on 4/7/18 at 5:59 pm to
I don’t know what the standards are for military engagements so you’ll have to educate me on that. However, regarding a civilian chasing someone, the difference would be it’s the cop’s job to chase him. The civilian didn’t have to chase anybody.In fact, if the civilian is chasing someone, that civilian is now the aggressor.
Posted by NoSaint
Member since Jun 2011
11281 posts
Posted on 4/7/18 at 6:02 pm to
quote:

If I shoot your arse just cause you turned around towards me quickly and you're unarmed.........I'm going to be arrested by that same cop who wants a pass for it.


Bingo.

We expect perfection out of the untrained citizen and grant huge leeway to be unprepared for a situation as the trained professional.

When that flips, I genuinely think both sides end up safer.
Posted by TigerBait1971
PTC GA
Member since Oct 2014
14865 posts
Posted on 4/7/18 at 6:06 pm to
Completely agree.

Posted by TigerBait1971
PTC GA
Member since Oct 2014
14865 posts
Posted on 4/7/18 at 6:10 pm to
quote:

Looks fine to me. No one should be killing anyone unless they fear imminent death or serious harm


quote:

The proposed law says nothing about "fear".


quote:

Good




Posted by ibldprplgld
Member since Feb 2008
24983 posts
Posted on 4/7/18 at 6:29 pm to
quote:

Running from the cops is now punishable by death?


No, but if it was called in that he had a gun, it's not unthinkable that he poses a threat to others. What if he takes a hostage? What if he fires at other LEOs and hits an innocent? What if he gets away and commits another crime injuring or killing another?

A common theme with police shootings (with few exceptions) is non-compliance with a LEO's directive. Just comply. Why is it so hard? And if you think you're being treating unjustly, comply and you'll have your day in court.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32883 posts
Posted on 4/7/18 at 6:34 pm to
quote:

and see that it’s about to be used to harm someone.


It will likely be too late then.
Posted by LSURulzSEC
Lake Charles via Oakdale
Member since Aug 2004
77310 posts
Posted on 4/7/18 at 7:07 pm to
every cop needs to find employment in another state and leave that shite hole state that cares more about illegals behind...
Posted by BobBoucher
Member since Jan 2008
16726 posts
Posted on 4/7/18 at 7:10 pm to
quote:

That is not the same as an officer absolutely has to see a gun before shooting?


If there's something in his hand and he draws it and points it as if it's a gun, he gets loaded with led.

That's a lot different than shooting someone in the back running away or someone crawling and pulling up his pants while begging for his life. (actually happened).
This post was edited on 4/7/18 at 7:11 pm
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