Bad Boys II

[Dill]

(06-15-2020, 08:08 AM)Belsnickel Wrote: I brought this case up, already, in this thread. The danger does not need to be towards the officer; you are missing that "or other" part. If he poses a threat to anyone is is a justified shooting. It should be noted, also, that police are given a fair bit of leeway in this for their decision making in the moment. In that situation, the courts would likely say it is completely within reason for the officer to have seen the suspect as a threat to others.

I did miss your earlier reference to this case; didn't miss the "other" part, quoted here in the court decision:

"the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

I'm hoping the courts might view the KIND and DEGREE of threat an escapee would pose.  An angry deranged person running amok with a knife might require shooting for the safety of others; but a car burglar running away still holding a crowbar used to smash a car window would not, I assume. And a drunk guy with an already fired taser trailing wires? Surely crime and apparent intent have to factor into any determination of risk to others.  

It might be that courts use the "within reason" standard, but I think that redefining that standard is what the current movement for police reform is seeking.