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Old May 23, 2005, 12:27 PM   #14
Capt. Charlie
Join Date: March 24, 2005
Location: Steubenville, OH
Posts: 4,419
Interesting, Frank. I never knew Garner vs TN was a civil case. None the less, it is the milestone case for the use of deadly force in law enforcement. Basically it provides for the use of deadly force against a fleeing felon if and only if he presents an immediate threat to your life or the lives of others in the area, and for deadly force if that person's continuing freedom will present a threat to the lives of others in the future. (Forgive my wording, I'm on a laptop at home and still working on my 1st cuppa joe). Each case would be judged on it's own merits, of course.

Spike strips. They work great IF you can anticipate a suspect's route of travel, and if you can flood the area with cruisers. They're perfect for limited access highways, but in an urban area with a lot of crisscrossing streets, it's hit or miss. LAPD or NYPD can put dozens of cruisers in the area, along with aerial surveillance, but most depts. don't have the luxury of all that.

Another interesting thing is that the use of a firearm to take out a tire is not considered deadly force, but the use of a PIT maneuver is.
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--Capt. Charlie
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