Stop or I’ll shoot.

Started by HighStepper, Jul 05, 2022, 06:36 PM

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HighStepper

Remember when police could shoot a fleeing felon.

In the United States, since 1985, police are not allowed to shoot a fleeing suspect unless he or she can be shown to pose a threat of death or dangerous injury to others. So now you see Law & Order shows where the police have to chase a dirt bag criminal down alleys, over fences, finally tackling them messing up their clothes. On TV the police officer has the power and stamina to overtake the criminal. 

U.S. Supreme Court Tennessee v. Garner, 471 U.S. 1 (1985)

Answering a home breaking & enter burglary call, police officer heard a door slam and saw someone run across the backyard. The fleeing suspect stopped at a 6-feet-high chain link fence at the edge of the yard. With the aid of a flashlight, the police officer was able to see the suspect's hands. He saw no sign of a weapon, and, though not certain, was "reasonably sure" and "figured" that suspect was unarmed.

The police officer called out "police, halt." The suspect then began to climb over the fence. Convinced that, if he made it over the fence, he would elude capture, the police officer shot him.

In using deadly force to prevent the escape, the police officer was acting under the authority of a Tennessee statute and pursuant to Police Department policy.

Courts held that the police officer had employed the only reasonable and practicable means of preventing the criminal's escape. The criminal had "recklessly and heedlessly attempted to vault over the fence to escape, thereby assuming the risk of being fired upon."

JUSTICE WHITE delivered the opinion of the Supreme Court.
"This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

Why don't we put the burden on the people that break laws. The criminal had "recklessly and heedlessly attempted to vault over the fence to escape, thereby assuming the risk of being fired upon."

Just think if this was the rule that everyone followed, it would cut out a lot of second guessing about the police using deadly force claiming they thought the guy had a gun, which turned out to be a cell phone.

Everyone knows that when you get pulled over by the police during a traffic stop, put your hands on top of the steering wheel clearly visible, and wait for instructions. Teach everyone, that when the police tell you "stop or I'll shoot" to immediately stop and put your hands up.

 DO NOT RUN FROM THE POLICE!


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