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For deadly force to be constitutional when an arrest is taking place, it must be the reasonable choice under all the circumstances at the time. Therefore, deadly force should be looked at as an option that is used when it is believed that no other action will succeed.
originally posted by: rollanotherone
a reply to: Xcathdra
Not sure I fully understand your last paragraph, but I read it as, comply or you will die?
originally posted by: rollanotherone
a reply to: Gryphon66
For deadly force to be constitutional when an arrest is taking place, it must be the reasonable choice under all the circumstances at the time. Therefore, deadly force should be looked at as an option that is used when it is believed that no other action will succeed.
source
So, I take it the LEO's saw no other option but to use excessive force and arrest was not on the table.
And not sure why the snide remarks. Educate rather than insult. Trust me, I am learning a great deal with our discussion. More so than I would have otherwise.
originally posted by: Gryphon66
I keep waiting for the claim to be made here that the evil Feds took control of Finicum's truck by use of HAARP or a mind-control ray or some other such rot and made him attempt to escape at high-speed, alluding arrest, endangering lives and assaulting law-enforcement officers with a deadly weapon.
I mean, that makes almost as much sense as the wild excuses being put forth here ... which is to say: NONE.
originally posted by: Xcathdra
Sorry fixed the paragraph.
It means when you are being taken into custody you should listen to what the officer is telling you. Not complying can result in the police perceiving you as an immediate threat.
You make your argument in court and not roadside.
originally posted by: Discotech
a reply to: imitator
You know, watching it we can clearly see he IS reaching for something
But without sound it's entirely plausible to imagine he gets out of the car hands up, struggles for a bit in the snow, one rambo cop shoots, which causes him to reach for his gun and end up dead.
Maybe they fired a warning shot at him ?
Maybe they fired at him but missed with the intention of getting him to draw any concealed hand gun ?
Maybe one of the cops accidentally fired a shot ?
It just seems strange that Finicum comes out hands up and then afterwards decides to go for his gun instead of just coming out shooting
Without any audio it's incredibly difficult to put the pieces together
Not to mention those 2 cops closest to him either side are incredibly stupid for getting into a crossfire position, they could have shot each other
originally posted by: Gryphon66
I keep waiting for the claim to be made here that the evil Feds took control of Finicum's truck by use of HAARP or a mind-control ray or some other such rot and made him attempt to escape at high-speed, alluding arrest, endangering lives and assaulting law-enforcement officers with a deadly weapon.
I mean, that makes almost as much sense as the wild excuses being put forth here ... which is to say: NONE.
The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect. A police officer may not seize an unarmed, nondangerous suspect by shooting him dead. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects.
It is not, however, unconstitutional on its face. Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where [471 U.S. 1, 12] feasible, some warning has been given. As applied in such circumstances, the Tennessee statute would pass constitutional muster.
originally posted by: Gryphon66
a reply to: GeisterFahrer
and he was armed and dangerous.
originally posted by: rollanotherone
originally posted by: Gryphon66
a reply to: GeisterFahrer
and he was armed and dangerous.
So you're willing to believe that narrative, but find it irrational that the LEO's only recourse was excessive force?
originally posted by: imitator
a reply to: rollanotherone
true but he had his hands up....