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However, he is justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person, or when he believes both that:
(i) such force is necessary to prevent the arrest from being defeated by resistance or escape; and
(ii) the person to be arrested has committed or attempted a forcible felony or is attempting to escape
and possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious
bodily injury unless arrested without delay.
A police officer who shot violent fleeing felon
originally posted by: notsure1
If a guy breaks into my house and I shoot him in the front yard as he is running away I get charged right?
What if they were all running because they had weed and didn't want to get in trouble?? Yes, running is stupid period, but would he have deserved to die because of it??
(b) Private person's use of force in making arrest.--
(1) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summoned or directed by a peace officer to make such arrest, except that he is justified in the use of deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or another.
(2) A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the arrest is unlawful.
(3) A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, if:
(i) he believes the arrest is lawful; and
(ii) the arrest would be lawful if the facts were as he believes them to be.
a reply to: JBurns
The empty mag was on Rose's person. There was two firearms (both used in the crime) found in Rose's car. .40 caliber handguns in fact. Further, surveillance footage placed Rose and his vehicle at the scene of a shooting just seconds prior to Rosfield's attempt to stop/and subsequent pursuit
originally posted by: Lab4Us
originally posted by: face23785
originally posted by: JBurns
a reply to: toysforadults
Im retired, and never shot anybody so I do not think I need the lecture. I don't disagree with you. But this isn't a case of judge/jury/executioner at least doesn't look like it to me
To be honest, this is not a call any new officer (Regardless of their past work experience) should have been responding to. Where was Rosfield's FTO?
There's clearly a problem in the culture of police departments in this country that you think it's your job to kill everyone who has been determined by you to be unsafe for the community.
I dont think that. Who thinks that? No one I know. But PA law does allow an exceptionally grave danger to be stopped by police or members of the community (if they are assisting an LEO or making a private arrest). One such condition is an armed felon fleeing
www.legis.state.pa.us...
PA code above covers LEO use of force in making arrest, private citizen use of force in making arrest, use of force in preventing escape, use of force to prevent a crime. The specific language in each section under title 18 varies, but the theme is all the same: stopping a danger to the community through use of force if absolutely required
I just love these people. They're actually arguing that the right to due process means the police can't shoot someone because their case hasn't been adjudicated yet. Imagine the implications of that. Active shooter? Nope, can't shoot him, he hasn't been given due process yet. Raping a kid with a medieval mace? Nope, can't shoot him. Hasn't been given due process yet.
Think these things through folks.
Incorrect. Had the officer that killed Rose seen Rose shoot someone, obviously good shoot for sure. Had Rose had a gun in his hand when the officer shot him, obviously good shoot. In your two examples, perps have weapons employed, harming others, so obviously good shoots. There is a difference.
However, he is justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person, or when he believes both that:
(i) such force is necessary to prevent the arrest from being defeated by resistance or escape; and
(ii) the person to be arrested has committed or attempted a forcible felony or is attempting to escape and possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay.