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Old August 29, 2007, 09:26 PM   #24
BillCA
Senior Member
 
Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,117
Oh my! We do have a mish-mash of opinions and some naive people in my opinion.

First, let me say that this thread came about after the "Weapons light" thread was closed. So far as I can tell, people are fixated on shooting or not, but haven't given thought to what happens if you don't or can't shoot.

At least two posters believes that a person in his home at night is automatically a target. You had best ID that subject first or face the consequences. If that subject turns out to be an unarmed teenage neighbor your court bills will be substantial.

Per both private and department lawyers, you should never say that you intend to "kill" someone. It is better to say "If you move, I will shoot you." You need not detail how many times or the consequences. IF it should happen that you do shoot, any witnesses to your words will appear in court. Likewise, if Johnny Gangbanger survives the shoot, he may claim "I heard him say he was gonna kill me so I tried to run to get away from the crazy SOB!"

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...the only training you really need to do is to learn to raise the intensity of your voice, while remaining calm and in control.
Woefully unprepared. There are a number of situations to watch for that training will prepare you for.

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These kind of situations are among the worst case scenarios.
Yes and they can be a nightmare to the untrained or ill prepared, both in physical and legal consequences.

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Main goal, is if you can, get them to lay on their stomach, cross their legs, hands behind their back, and interlock their fingers! Doubt they'd actually do that but worth a shot
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Human reaction time being what it is I want his hands straight out at his sides, 90 degrees from his body. I want him to have to reach to his waistband to get whatever may be there. That extra, gross motor movement is easy to detect and will slow down any chance at drawing on me he may have.
A good example of education-in-progress. Hands behind the back allows access to the waistband area. I have seen two "standards" used in what is termed "Felony prone" positions. Hands out, palms up or hands behind the head, fingers interlaced. For civilians the palms-up is probably better, since for the suspect to get off the floor he will have to flip his hands over and bend his elbows to get leverage. It will also reveal any "palmed" small object as a knife. Also, some of us will be without eyeglasses and can't see if his fingers are interlaced. Just be adaptable here if you catch him in a narrow hallway (where he can't spread his arms out) or if furniture will obscure your view of his hands.

One additional measure: Have the suspect turn his head away from you. This way he can't see what you are doing or where you are exactly to formulate any countermeasures. I.e. he cant see that you are dialing 911 on your cell phone (which you are holding up high so you don't have to look down to dial) or see you moving to better concealment or cover.

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I think the problem comes in if you have a gun and the BG either has no weapon or his response is to drop his weapon and put his hands up. Now what do you do? Technically, you could make a citizen's arrest (you have memorized "Miranda" haven't you?) or you can hold him for the police. But if he simply walks away, you have no authority to pursue him or to shoot him in the back. If you actually saw him commit a felony (e.g., he killed your wife), all bets are off and I doubt you will be concerned with the nicety of the law.
Jim, other than the Miranda warning, which citizens are under no obligation to provide, you're pretty spot on. If you surprise an intruder who immediately raises his hands, your legal options are to direct him out the door to let him go OR restrain him at gunpoint until the Authorities arrive. However, a suspect facing a gun who turns with his hands raised and calmly walks towards the exit is dangerous - even though you can't legally shoot him. This is one of those unusual "incidents" that training warns us about.

So far, no one has posted what commands they would use or how they would initially address someone (other than two posters who said their muzzles would do the talking).
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