View Single Post
Old November 19, 2005, 01:20 PM   #28
Capt Charlie
Staff
 
Join Date: March 24, 2005
Location: Steubenville, OH
Posts: 4,306
Quote:
I have heard a sheriff deputy say once that police cannot shoot someone running from them, unless it is at night, unless they first call out to them once or twice, and then fire a warning shot in the air and then shoot them.


Admittedly, there are departments out there with some pretty screwy policies, but only at night? Warning shot? Never heard those before; in fact, I know of NO department that authorizes warning shots, other than military.

The test of whether or not you can shoot someone running from you comes from SCOTUS's decision in Gardner vs Tennessee in 1985. The details are lengthly and mostly involve the use of deadly force for law enforcement, but the crux of the matter relating to this discussion is that deadly force IS authorized against a fleeing suspect IF the suspect's continued freedom presents a grave and imminent threat to the lives of others, and no other options for apprehension exist. I'm not sure how this would apply to non-LEO's.
__________________
TFL Members are ambassadors to the world for firearm owners. What kind of ambassador does your post make you?

I train in earnest, to do the things that I pray in earnest, I'll never have to do.

--Capt. Charlie
Capt Charlie is offline  
 
Page generated in 0.04582 seconds with 7 queries