Your original statement was “has the legal authority to take your life”. This is an entirely different phrase than “use whatever force is necessary to effect an arrest”.
I'd clarify that statement ; a cop has the authority to take your life if you are threatening his or someone else's life.Its the same thing.
He doesn't have authority for refusing to get out of a car. But yes anyone can use deadly force in the right situation.I dont see how its different.
There are standards for force a Leo may correct me if I'm wrong but they are allowed to use 1 step more than what's being used against them. Like if you start swinging fists at a cop he can use a baton, but he can't shoot you.
An officer, or anyone can use any reasonable force to stop the threat. There is no step by step use of the Force Continuum.
Your original statement was “has the legal authority to take your life”. This is an entirely different phrase than “use whatever force is necessary to effect an arrest”.
I’m not arguing the latter phrase. I’m arguing the former, and I reiterate my position that a police officer does not have legal authority to take a life... that is reserved for a jury. Whether or not the action of an arrest involves escalation requiring deadly force is a separate issue. Relevant, certainly, but separate.
I'd say swinging a bat at a cop is a situation where shooting would be justified.An officer, or anyone can use any reasonable force to stop the threat. There is no step by step use of the Force Continuum.
No standard guidelines. Example, about a year ago, a piss bum, homeless guy swung a bat at an officer in Buffalo, swung a few times, hitting her once; she shot him. That was the force that she thought she needed to use.
A police officer has the legal authority to escalate following use of force protocols. I don’t think anyone here is arguing that point necessarily. My objection is more to the flat statement that a police officer has the legal authority to kill you. That statement on its own is not correct.I dont see how its different.
That is still an escalation in response, is it not?Wrong. Cops and everyday citizens do have the authority to take a life, at least here in NY. It is spelled out clearly in Article 35.
I'd say swinging a bat at a cop is a situation where shooting would be justified.
I'd say swinging a bat at a cop is a situation where shooting would be justified.
That is still an escalation in response, is it not?
My BIL was in that exact situation, think the kid was 16 . He was retired saw some kid threatening another kid with a bat. He got out of his car drew his gun told the kid to drop the bat, kid advanced on him and he put a round right by his ear, kid dropped the bat and started crying. Yeah he shouldnt fire warning shots but he said if he didn't stop he would have dropped him with the next one.could be justified. I may not shoot a 15 year old kid swinging a bat , even though I may be justified.
That is indeed what I was responding to. I have met a not insignificant number of people who do believe in a James Bond style “license to kill”, and reacted accordingly.I think you may have misunderstood what I said when I said they have the authority to take your life. It wasnt meant they can take your life under any condition. It was presumed that it would be a lethal, or perceived lethal encounter.
They are not allowed to use *lethal* force to affect an arrest outside of some very specific circumstances (which I believe non LEOs are also allowed to do).It comes from the law. An officer has a legal right to use whatever force is necessary to effect an arrest. Up to, and including lethal force if necessary.
Bat = deadly weapon.I'd say swinging a bat at a cop is a situation where shooting would be justified.
Unbuckle, open door, hands are not in view.
Hell one time I was handcuffed against the car and the turd was yelling feet back, they couldn't go back further he was pinning me against the car. I respectfully told him this and at that point he need me in the balls then slammed me face first into the sidewalk, jumped on my back, ground my face into the sidewalk, at this point I did say take the cuffs of fat boy and I'll f you up man to man! He responded oh resisting arrest! Ended up with resisting arrest and obstruction of justice.
Can anyone see why I was even handcuffed? No. Wasn't breaking any laws.
So not a big cop fanboy here.
Not an escalation. A simple response.That is still an escalation in response, is it not?
Unbuckle, open door, hands are not in view.
Hell one time I was handcuffed against the car and the turd was yelling feet back, they couldn't go back further he was pinning me against the car. I respectfully told him this and at that point he need me in the balls then slammed me face first into the sidewalk, jumped on my back, ground my face into the sidewalk, at this point I did say take the cuffs of fat boy and I'll f you up man to man! He responded oh resisting arrest! Ended up with resisting arrest and obstruction of justice.
Can anyone see why I was even handcuffed? No. Wasn't breaking any laws.
So not a big cop fanboy here.