posted on Aug, 20 2014 @ 12:18 AM
a reply to: Not Authorized
Federal law only applies in the case of the civil rights investigation by the feds, specifically 42 USC 1983 - anytime a person is shot / killed by
the police that "seizure" falls under the 4th amendment.
As for his actions it falls under state law for the criminal portion.
SCOTUS standard when reviewing an officers use of force is what did the officer perceive the moment force was used. Hindsight 20/20 is not allowed as
a factor and is based on the fact the officer will not have the benefit of hindsight for his/her actions.
Some things to consider -
* - If its going to a grand jury I would not discount any indictments. A grand jury will indict a ham sandwich. If an indictment comes we can go from
* - If he is cleared and some unknown new evidence arises which fundamentally alters what happened new charges could be filed based on the new
* - An officer can be cleared in an IA investigation yet still face state charges / federal charges.
* - An officer can be found in violation of the IA investigation, resulting in the ability of the department and city to disassociate themselves with
the officer, which effectively removes civil immunity MO law extends to officers. They can be cleared in the state / federal investigation.
* - it is entirely possible he could be cleared of everything and still be asked to resign.
Trying to understand how investigations into law enforcement use of force works for those not familiar can seem bizarre.