Alumbrado
Posts: 5560
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quote:
quote: ORIGINAL: slaveboyforyou You can show me several stories where cops shot someone for not removing their hands from their pockets huh? Okay show me. Well, lets start with something you surely learned in your CJ and police academy acquisition of legal expertise on deadly force.... Say, the 4th amendment, and the the USSC case that I suspect most officers sign off on before they are even allowed onto the range, much less the streets with a firearm. ( Now normally, I would link to the cites for what I'm referring to, but given your claims to be so well educated on the topic, I won't insult your intelligence by naming landmark Supreme Court decisions that you already know and recognize, or by linking to Lexis articles you no doubt already have at your fingertips. ) Remember this one? The Fourth Amendment prohibits the use of deadly force... unless it is 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 And we'll also save you the trouble of wracking your brain for the factual definition of 'probable cause'... it is any information, observation, or set of circumstances that would lead a reasonable person to believe that a crime is being, has been, or will be committed. Don't forget, that is in the context of the 'totality of the cicumstances' and 'reasonableness' standards, that I'm sure you've just momentarily forgotten. "...practical people formulated certain common-sense conclusions about human behavior; jurors as factfinders are permitted to do the same - and [snip] so are law enforcement officers. Finally, the evidence thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement." So back to your blanket assertion that there are no circumstances under which any police officer can legally shoot someone for refusing to show their hands, or otherwise comply with commands. Besides the Pagan case, and the Detroit case, and the Douglas County case, and the Tampa case, and the Chicago teen, there were the Pittsburgh and Homestead cases where the police merely arrested the subject for refusing to comply with orders to produce his hands from his pockets slowly... or to put it another way, for following your legal advice that no one has to comply. So oddly enough, neither law enforcement or the courts seem to have learned as much on the matter as you claim to.
< Message edited by Alumbrado -- 5/9/2008 5:26:18 PM >
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