The Firing Line Forums - View Single Post - Passive Non-Compliance

BillCA · June 23, 2009, 08:56 PM

Time to recap some of what we've learned.

Passive resistance negates the implied force of a firearm.
It also reduces your options in how much force you can legally use.
Be prepared to use alternative levels of force at all times.
As long as he passively resists, your use of force must be the minimum necessary to stop or apprehend him.
Permanently injuring him will likely be deemed an illegal assault. Use caution in your application of force.
Provoking him to violence may be viewed as escalating the situation so you could shoot him. Use care.
You do not need to be polite, courteous or nice about your commands or application of force. But you must be within legal limits.
If nothing else, video or photos of him in the act are always good evidence.
It is unwise to attempt to capture - handcuff or tie him up - alone. It's better to drive him away.
If you incapacitate him, you're responsible for his safety (i.e. not allowing him to suffocate, drown, etc.)
The use of non-lethal and non-permanently injuring equipment is preferred -- OC spray, taser, stun gun, etc. - but only to enforce his compliance, not as a punitive action.
Always look for his accomplice(s) and/or his means of escape (car, bike, bicycle, etc.)
Know your state laws regarding arrests and using force to protect your property.

As satisfying as it may be to get your "pound of flesh" for his damaging your property, the legal system does protect him (and everyone else) from excessive and unnecessary force.

June 23, 2009, 08:56 PM	#167
BillCA Senior Member Join Date: November 28, 2004 Location: Silicon Valley, Ca Posts: 7,117	Time to recap some of what we've learned. Passive resistance negates the implied force of a firearm. It also reduces your options in how much force you can legally use. Be prepared to use alternative levels of force at all times. As long as he passively resists, your use of force must be the minimum necessary to stop or apprehend him. Permanently injuring him will likely be deemed an illegal assault. Use caution in your application of force. Provoking him to violence may be viewed as escalating the situation so you could shoot him. Use care. You do not need to be polite, courteous or nice about your commands or application of force. But you must be within legal limits. If nothing else, video or photos of him in the act are always good evidence. It is unwise to attempt to capture - handcuff or tie him up - alone. It's better to drive him away. If you incapacitate him, you're responsible for his safety (i.e. not allowing him to suffocate, drown, etc.) The use of non-lethal and non-permanently injuring equipment is preferred -- OC spray, taser, stun gun, etc. - but only to enforce his compliance, not as a punitive action. Always look for his accomplice(s) and/or his means of escape (car, bike, bicycle, etc.) Know your state laws regarding arrests and using force to protect your property. As satisfying as it may be to get your "pound of flesh" for his damaging your property, the legal system does protect him (and everyone else) from excessive and unnecessary force. __________________ BillCA in CA (Unfortunately)