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- Path: sparky!uunet!ogicse!emory!europa.asd.contel.com!darwin.sura.net!dtix!mimsy!hoqaa.att.com
- From: spf@hoqaa.att.com (Steven P Frysinger)
- Newsgroups: rec.guns
- Subject: Law enforcement view (was Re: Bad tactical position)
- Message-ID: <1992Nov15.215602.11404@cbnewsl.cb.att.com>
- Date: 16 Nov 92 01:09:51 GMT
- Article-I.D.: cbnewsl.1992Nov15.215602.11404
- Sender: magnum@mimsy.umd.edu
- Organization: AT&T Bell Laboratories
- Lines: 65
- Approved: gun-control@cs.umd.edu
-
- # OK, Someone tell me. I scream at the perp "ON THE FLOOR"
- # He says "fxxx you" , I yell "DO IT NOW!" He calls me "you homo."
- # He does not attack me, but he doesn't obey. Stalemate. Do I shoot
- # him or not? Any takers?
- #
- # [MODERATOR: The merits of saying ahead of time, and in public,
- # that one would shoot a perp in the above hypothetical situation
- # should be considered. But could we appeal to the officers here
- # on the net to comment? Surely training must address exactly
- # this sort of scenario, where a bad guy is clearly covered but
- # neither secured nor cooperative.]
-
- Okay, I'll give it a try, based on our SOP (which may differ from other
- jurisdictions).
-
- Assume we start with an armed assailant.
- Lethal force is justified if she or he poses an immediate threat to my
- life or the life of a third party.
-
- If, upon my drawing my weapon and challenging ("POLICE - DON'T MOVE!"),
- they follow my instructions and are no longer in possession of the weapon,
- then they no longer pose the threat which justified lethal force. If
- they then fail to follow my positioning instructions (e.g. so I can easily
- handcuff them), I must resort to non-lethal means to gain control of them
- (e.g. pressure point control techniques or baton-wrist locks). If they
- were staying put and I was alone, I would probably not do this until backup
- arrived; I would maintain my distance and keep my weapon drawn in case they
- produced an additional weapon (a very likely possibility). In general, we
- try not to handcuff alone, since that necessarily puts them within your
- reactionary gap. If, upon disarming themselves per my instructions, they
- stop following commands and start walking away, I CANNOT SHOOT unless I can
- show that they still pose an immediate threat to me or a third party. An
- officer may not use lethal force to stop a fleeing felon (Garner vs Tenn).
-
- One training scenario illustrates this. We draw and challenge a suspect
- armed with a baseball bat ( a lethal weapon, depending upon the suspect's
- demeanor). Upon seeing our gun, he throws the bat down and starts mouthing
- off and threatening to beat the tar out of us. Unless he's got a
- significant advantage (e.g. he's 300# of muscle and I'm a 120# officer
- alone), we must be able to reholster and lock in our weapon with one hand
- while preparing for the use of a lower level of force (e.g. baton, chemical
- spray). Sometimes, having a gun in your hand can be a liability, since you
- might not be "allowed" to use it, while it's easier for him to take it.
-
- Of course, if they fail to disarm themselves per my instructions, virtually
- any action on their part may be considered an act of agression, possibly
- causing me to use lethal force to stop their action.
-
- Remember that law enforcement officers are generally held to a higher
- standard in such encounters, since the court will presume their training
- offered them non-lethal alternatives which might not be available to the
- civilian. Also, the 4th amendment is an issue for cops, since it restricts
- the government's right to "take" from a citizen (and killing someone is
- considered a "taking"). The 4th amendment does not similarly restrict
- civilians. But for all of us, "reasonableness" applies. I would say, for
- example, that if a thug threatened you with a knife, you threatened him with
- a gun, and he threw the knife down and began backing away, "reasonableness"
- would suggest that you NOT shoot him. Appalling as it may seem, his escape
- is not an immediate threat, so lethal force is not called for.
-
- Again, your mileage may vary. Different states have different SOPs for
- law enforcement (as well as different legal bases for civilian use of
- force).
-
- Steve Frysinger
-