Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: TalBlack
Yes, but according to the Supreme Court, police can shoot fleeing suspects under certain circumstances even if there is no apparent danger to the cop. If the guy assaulted the cop, which it looks like he did, this might give the cop legal leeway in court.

That does not mean I think the cop was justified in shooting the guy. But things are a lot murkier now.

If I got in a struggle with a cop after being ordered to surrender, and then got the cops tazer and tazed him, then I started running away, should I be surprised if the cop shoots me? I think not.

137 posted on 04/12/2015 6:26:34 AM PDT by driftless2 (For long term happiness, learn how to play the accordion.)
[ Post Reply | Private Reply | To 9 | View Replies ]


To: driftless2
The legal precedence is Garner v. Tennessee.

Background: Teenager breaks into home, steals woman's purse, she calls police. Police show up in time to chase teenager with purse. This crime is a felony in Tennessee at the time. Kid tries to hop fence, cop shoots kid in the head in accordance with TN state law regarding fleeing felons. The officers involved were cleared because they were following the law. Family files complaints, goes all the way to the SCOTUS. The SCOTUS find that use of deadly force must be justified by either an immediate threat of serious harm or the expectation of the suspect harming someone else in the future.

When all the facts are considered in this case, that is the legal standard the officer will have to satisfy to avoid being found guilty.

Now since he has been fired by his department, all of that will be on his own dime. He better have some healthy liability insurance.

188 posted on 04/12/2015 7:10:05 AM PDT by USNBandit (sarcasm engaged at all times)
[ Post Reply | Private Reply | To 137 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson