Posted on 04/19/2018 7:38:41 AM PDT by BBell
Coss dey be alwus in sheee-utt.
-Obey the law
-Use common sense
-Stop immediately
-Turn that s..t off
-Be polite
-Shut the f...k up
-Get a white friend
-Don’t ride with a mad woman
What happened to his arms? Tractor mishap?
Attempted murder with a deadly weapon.
Yep - history of violence/child endangerment, etc., and attacking with a 2 ton chunk of metal - they are right when they say his death was necessary though - he could have just pulled over and followed instructions....
this is the standard that is taught to police in most academy’s,
U.S. Supreme Court
Graham v. Connor, 490 U.S. 386 (1989)
GRAHAM
Is the suspect an immediate threat to officer or others?
Is the suspect actively resisting arrest?
Are the circumstances tense, uncertain, and rapidly evolving?
What is the severity of the crime at issue?
Is the suspect attempting to evade seizure by flight?
The order is important know the order!!!!!!
I - Immediate threat
A(m) - Actively resisting
T(ense) - Tense, uncertain, rapidly evolving
S(everity) - Severity of crime
E(vade) - Attempting to evade seizure by flight
Imminent Threat = ability + opportunity (get ready – have time)
Immediate Threat = ability + opportunity + intent (Have to act – no time)
4th Amendment “Fleeing Felon” Standard
An officer may use deadly force against a fleeing felon if….
The suspect threatens the officer with a weapon
Or
The officer has probable cause to believe the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm.
And
The use of deadly force is necessary to prevent escape;
And
The officer gives some warning of the imminent use of force – IF FEASIBLE – (do you have time, can you clearly communicate your intent, You don’t have to warn if you think the warning will escalate the problem)
ALL THREE MUST BE PRESENT SIMULTANEOUSLY
You don’t have to try and hit the police officer. They killed a driver a few years ago in my neck of the woods. He had been driving erratically when they finally got his attention. He pulled into a parking lot and parked and the motorcycle officer parked his bike with a few inches of the cars rear bumper. When the guy put it in park his car rolled back that short few inches and bumped the motorcycle tire. The cop opened up and shot 6 times from the left rear of the car. Each bullet missed. So the officer walked up to the drivers window and shot 4 more times, killing the driver.
Must have been a white guy he shot.
Hispanic actually with a history of mental issues. It was ruled justified.
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