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Old May 22, 2009, 11:07 PM   #13
OuTcAsT
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Join Date: January 8, 2006
Location: Eastern, TN
Posts: 1,236
Quote:
turns the cop into a criminal.
Unfortunately this is not always the case.

Granted that in the two incidents in the original post the officers were "caught red handed" as it were, and suffered a loss of job as a punishment, but as I pointed out earlier
LE is usually immune to prosecution in a criminal manner. While they may yet be tried in civil court, and punitive damages may result, that is not enough.

An example which remains in my mind is a case I have discussed here before, a resident of my community was shot and killed by two local LEOs when they kicked in the door of the wrong address to serve a warrant, the homeowner thought he was being robbed, produced a weapon to protect himself, and was killed.

The result was a loss of job, and a hefty civil settlement.
Why ? Because they were acting under "color of law" and an accident happened. I would think the first barrier that needs to be broken down is this kind of "immunity".

If LE had to operate under the same ROE as any other citizen, and with the same consequences possible, this would be a good first step. Assault someone during an attack of "end of chase" syndrome ? Get charged with aggravated assault, weapon also involved ? how about ADW. Break down the wrong door? Breaking and entering.
someone get hurt ? Aggravated burglary. Someone killed?
Criminally Negligent Homicide or 2nd degree murder.

With all due respect to our fine LE members, I know the argument would be akin to; "we would never be able to do our job for fear that every case would result in some kind of bogus charge" Maybe so, but if you have done your job correctly you should have nothing to worry about, and you are, after all, innocent until proven guilty.

ETA: I am not advocating that you be charged for doing your job, but unlike when a mechanic puts on the wrong part, and can go back and fix the problem, when LE does a poor job people pay, sometimes in blood.

Once the law applies equally to everyone, many of the "syndromes" might well correct themselves.
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Last edited by OuTcAsT; May 22, 2009 at 11:31 PM. Reason: Expanding a thought
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