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To: 21twelve

I believe Tennessee v. Garner supersedes outmoded state laws regarding the old fleeing felon rule from common law, but I’m also certain that individual states may tend to be more inclined to give cops residual leeway depending on circumstances.

Ironically, I spent most of my Air Force career literally a stone’s throw away from the exact spot of this incident, stationed at Charleston AFB, and going through daily training/training my subordinates on the use of deadly force as a member of the 437th Security Police Squadron — back then we would recite the fundamentals at guardmount every shift, including the old fleeing felon rule, which is now, as I said, inapplicable.

If Slager later stated (before he knew of the video) that Scott was in possession of the taser at the time he shot him, not merely that he thought so, but that Scott was, Slager is more likely cooked. Best scenario for him is that he said he thought that was the case, but I do acknowledge what you said about his demeanor in the aftermath.


111 posted on 04/08/2015 7:55:44 PM PDT by IChing
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To: IChing

Thanks for that information. I only had time to look at the Wiki version of the case. Interesting point on the changing definition of felonies over time (less violent things are now called felonies whereas before they weren’t).

However, that is concerning. I can read my state’s laws on the subject, look at recent lawful shootings, and I still may have it wrong based on a Supreme Court decision.


125 posted on 04/08/2015 10:51:51 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts It is happening again.)
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