Quote (Goomshill @ Jun 22 2018 12:25pm)
The distinction being the probable cause to believe the suspect poses a threat to the public or officers. In tennessee v garner, the cops knew the suspect was unarmed and posed no immediate threat. In this case, guys who had just minutes earlier opened fire in a drive-by shooting were burst out of a bullet-riddled car in a sudden movement when stopped by police. If Nicholas Cruz had remained in the school and all of a sudden burst out the front door in a trench coat and made a break for it, the cops wouldn't be obligated to wait to find out whether he's still armed or not or let him get away.
Past events do matter, but they don't give carte blanche. The law gives a different threshold of protection to a fleeing citizen and a fleeing felon, besides any immediate threat they pose at the moment of pursuit. If the cops know they are unarmed, than both the citizen and the felon cannot be shot for simply trying to flee, but a dangerous felon can be shot for trying to flee.
I don't give a flying fuck if they
previously opened fire through their car. Unless the officer was at the scene when it happened, and saw them shooting out of it, that's totally different.
But if an officer stops the vehicle and the car matches a "description" of a past shooting event, and the kid runs from the vehicle unarmed and doesn't pose a threat, does not give the officer the right to kill him. It's really that simple. As I said, previous crimes are irrelevant to whether or not the suspect is a threat.
It's about the present time of the pursuit.And to your Cruz hypothetical, if he didn't have a visible gun on him and just bolted running away, he's not a threat.
If he was running carrying his rifle, yes.
This post was edited by JohnMiller92 on Jun 22 2018 02:40pm