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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhen can police use lethal force against a fleeing suspect?
Can Police Officers Shoot At Fleeing Individuals?
Only in very narrow circumstances. A seminal 1985 Supreme Court case, Tennessee vs. Garner, held that the police may not shoot at a fleeing person unless the officer reasonably believes that the individual poses a significant physical danger to the officer or others in the community. That means officers are expected to take other, less-deadly action during a foot or car pursuit unless the person being chased is seen as an immediate safety risk.
In other words, a police officer who fires at a fleeing man who a moment earlier murdered a convenience store clerk may have reasonable grounds to argue that the shooting was justified. But if that same robber never fired his own weapon, the officer would likely have a much harder argument.
"You don't shoot fleeing felons. You apprehend them unless there are exigent circumstances emergencies that require urgent police action to safeguard the community as a whole," said Greg Gilbertson, a police practices expert and criminal justice professor at Centralia College in Washington state.
Gilbertson said he thought the video of the shooting of Walter Scott in North Charleston, South Carolina, was "insane" given what he said was the apparent lack of justification."
http://www.policeone.com/officer-shootings/articles/8520800-When-can-police-use-lethal-force-against-a-fleeing-suspect/
DemocratSinceBirth
(99,710 posts)Nye Bevan
(25,406 posts)Say cops have cornered a known serial killer who has already murdered several victims. He has a gun and kills two of the cops, then drops his weapon and starts to escape by running away. I think shooting this person to prevent him escaping and probably killing more people would be justified.
A one in a million scenario, of course, and one which bears absolutely no relation to the horrifying shooting being discussed today. And if you had said "almost never" I would agree wholeheartedly.
Vincardog
(20,234 posts)DemocratSinceBirth
(99,710 posts)Vincardog
(20,234 posts)johnnysad
(93 posts)The only way I can see his lawyer trying to make the case is
because they had already struggled and fought he had committed a serious felony
and was a danger to anyone he might meet during the pursuit.
It's all he has to make the case. I watched the video and I thought I was watching an execution .
If I thought that , me being not one to blame police and always saying lets wait for the evidence
before rushing to judgment .
You might not even see this go to trial , he might take a plea of 10 to 20
Glassunion
(10,201 posts)damnedifIknow
(3,183 posts)Read a thread here yesterday about cops on a site making excuses and giving support to the cop who shot Walter Scott.
"Gilbertson said he thought the video of the shooting of Walter Scott in North Charleston, South Carolina, was "insane"
Scary.