Bad Boys II

[Belsnickel]

(06-15-2020, 02:26 AM)Dill Wrote:
Actually, I believe it is illegal to shoot someone running away who is no threat to arresting officers.

Tennessee vs Garner 1985 https://supreme.justia.com/cases/federal/us/471/1/

Held: The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and 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.

That taser is not like a gun, and unlikely to count as a lethal weapon in court. In this case, the guy fired a "dangerous" (not lethal) weapon, apparently missed, then turned and ran. No danger to the cop at that moment, or anyone else. But Brooks has two holes in his back.

The guy definitely should not have resisted the cops and grabbed a taser. But if the choice is between killing a possible DUI resisting arrest, or letting him flee, then you let him flee. Otherwise the harm done the individual far exceeds the harm done society.

The "Police culture" which does not see it that way probably goes well beyond the police force; one of the issues at stake in the upcoming election.

By firing the offending officer and resigning, the chief sends a strong signal the Atlanta Dept. is serious about changing that culture.

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.