“he struck two patrol cars before an officer opened fire.”...
Was not the two cars being hit considered “assault with a deadly weapon”?......Hence the shooting. Are not police trained to fire until the threat is stopped? If the perp was in a vehicle, it takes a lot to stop said vehicle. So, keep shooting until it is no longer a threat.
In criminal law, the term, deadly weapon refers to any other object that is used or intended to be used in such a way that it could cause death or serious injury to another human being.
That includes motorized vehicles.
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 dont have to warn if you think the warning will escalate the problem)
ALL THREE MUST BE PRESENT SIMULTANEOUSLY