Deadly force?

Question

If a armed guard and his partner encountered an armed assailent on rounds in their vehicle with one guard in the vehicle and the other outside, the one outside became in emminant danger of death or serious harm, would the guard in the vehicle have the right to use deadly force in the form of useing the vehicle to stop the threat to his partner (running over the assailent)?
Please let me know your qualifications if you have any when you answer.

I have been in the industry for 12 years and I understand the levels of force and when to use force and deadly force, I have been in a ongoing debate with coworkers about this.
I say, Deadly force is deadly force, it dosent matter wheather you use a hand gun, shot gun, club, rifle, or vehicle, the result is the same, you stop the threat of death or serious bodily harm to your partner.

Answer 1

Georgia State Law allows the use of deadly force in three cases:
To prevent death or serious bodily harm to self
To prevent death or serious bodily harm to another
To prevent a forcible felony

This section of the law makes no distinction between Law Enforcement and civilians, it applies to everyone. The law also says "deadly force", not shooting, or any specific technique.

You would be within the law to use your vehicle as a weapon, under the second two provisions of the law.

O.C.G.A. 16-3-21

Answer 2

The use of deadly force statute in North Carolina, gives an officer the right to use deadly force on a person, whom the Officer reasonably believes imminent deadly force is happening toward himself or a third party (another officer, innocent by stander(s), etc.).

I am not sure if this would apply to security guards whose only defense is a motor vehicle. I will say this, I would think that you would be covered by some kind of self defense. If you really do believe deadly force is going to be imminently used against your partner, then by your presence you are also in danger because I am sure the assailant will turn on you next, you are a witness to the incident.

There is something else that needs to be considered here. Many people do not differentiate between an actual police officer or deputy and a security guard. All some people need to see is a uniform and a badge, and as far as they are concerned you are a police officer or deputy; having or not having a gun means nothing to these types of people just as being or not being a police officer means nothing to these types of people. So, if you encounter someone who has no reservations about killing an officer, he certainly will have no problems trying to kill a security guard.

You will need to be able to articulate the threat you felt to investigating police. Should this become a court case you also need to be able to articulate to the court and the jury the threat you felt. You need to be able articulate the facts surrounding the incident truthfully so everyone in the investigation or the court room can see and know why a security guard felt he needed to use deadly force against someone.

I am a former law enforcement officer.

Answer 3

You can only use reasonable force. If you or someone else is in eminent danger of death or serious harm then you can used enough force to stop that danger. In another words if you can do something other then deadly force to end the danger you can use that and no more, but if it takes deadly force the end the danger then you have the right to use it.

By the way a warning shot, will more then likely show that you or the person you wanted to protect wasn't in eminent danger, and that you not the other person escalated the fight.

Answer 4

as Lt.Capt. Alabama State Trooper YES only if the weapon was drawn and pointed in the officers direction then car can be used but other actions should be taken 1st to disarm the suspect stun-guns as non-deadly force but yet it works just the same but in the long run the suspect will still live

Answer 5

As soon as the suspect pulled the gun the guards may do anything to stop or kill him. Even if the suspect had only pulled a knife the guards still would have the right to use deadly force.

Answer 6

You could be open to liability, but its better to be judged by 12 then carried by 6.

Are you trained in running people over with a vehicle? Were you able to retreat in the vehicle? As a "guard" in your state are you required to retreat when possible?

Answer 7

I would think that permissable. Forget the vehicle. If two guards round a corner, and an assailant aims to shoot at guard #1, can guard #2 take a shot at him to prevent his shooting? I think so.

Answer 8

To justify deadly force... They must try all over means first.
Intervention Options are in this order...
1) Presence (fact of them being there may be enough of a threat).
2) Dialog (talking the person out of doing something stupid).
3) Empty Hand Control
a) Escort holds
b) Compliance holds
c) OC spray (oleoresin Capsicum)
d) Passive Countermeasures
e) Active countermeasures
g) INCAPACITATING techniques

Justification is the key.

Answer 9

First of course the gurad outside is armed and would have the opportunity to act

Second by the time you use a vechile, most likely it would be too slow to react.

What type of vechile, why don't they merely open the door and use thier wepons if they are armed.

Answer 10

Hi, Given this scenario, the guard in the vehicle would be within the NY state law to use his vehicle as a weapon. Other states may vary...