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 Post subject: Re: Protests/Possible Riots
PostPosted: Mon Jul 02, 2018 4:48 pm 
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Donnie Brasco wrote:
SteelPro wrote:

In Tennessee vs. Garner in 1985, the U.S. Supreme Court ruled that an officer cannot use deadly force against a fleeing suspect unless the suspect is a significant threat to the officer or to others.


Isn't that a bit vague? If I'm an officer and a guy is running from me and I believe he has a weapon I can just say "well if I let him get away, he could have used that weapon (gun/knife/car) against unsuspecting civilians". It's an easy catch-all.

I'm not trying to be a dick or be argumentative, just to understand this better.

Again I believe that being a cop has to be one of the most harrowing jobs one could ever imagine.
Is the dude pulling out his wallet to willfully comply or is that a gun? You have to decide in less than 1 second.

I know you aren’t being a dick, and I agree with you. At the end of the day no matter what the guidelines are it will come down to a judgement call by the officer. And he or she doesn’t get a chance to review it on instant replay.

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 Post subject: Re: Protests/Possible Riots
PostPosted: Mon Jul 02, 2018 7:13 pm 
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Donnie Brasco wrote:
Isn't that a bit vague? If I'm an officer and a guy is running from me and I believe he has a weapon I can just say "well if I let him get away, he could have used that weapon (gun/knife/car) against unsuspecting civilians". It's an easy catch-all.

I'm not trying to be a dick or be argumentative, just to understand this better.

Again I believe that being a cop has to be one of the most harrowing jobs one could ever imagine.
Is the dude pulling out his wallet to willfully comply or is that a gun? You have to decide in less than 1 second.


All handled under Garner. Does the police officer believe that the fleeing person poses a threat to the community? Did the officer see a weapon? Is the suspect fleeing from a violent crime? If the answers to these are yes then the police will be fine in court.

In the Rose case, the suspect is fleeing from a driveby shooting so it would be reasonable for the officer to think that the suspect had a weapon. Unless the officer has a record of excessive force, charging him is a placating measure for the community. There is no reasonable judge who would convict him. But it does look bad.

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