2006-10-17 02:38:22 · 7 answers · asked by shante w 1 in Politics & Government ➔ Law Enforcement & Police
Whenever an immediate threat of death or serious bodily injury exists to the officer or another person, or in such case that it can be reasonably percieved that the failure to use such force fosters or permits a continuance of events which amount to an endangering of the lives of the general public.
Deadly force can also be used to affect the arrest (or seizure) of a person when it can be reasonably assumed that failure to affect such seizure would permit the continuance of a substantive threat to society.
Example: Police use of deadly force was found unconstitutional in the U.S. against a fleeing burglar, when the officer believed him to be unarmed and/or had not been shown to reasonably pose an immediate danger to the public, (U.S.S.C. Tennessee v. Garner, 1985).
The "reasonableness" of the officer's use of force must be decided based upon the officer's own knowledge of the facts and circumstances at the time that force was used. This standard is called "objective reasonableness", (U.S.S.C. Graham v. Connor, 1989).
2006-10-17 05:40:02 · answer #1 · answered by CJ 2 · 1⤊ 0⤋
Deadly force can be used when the officer feels in fear of their own life or the life of an innocent is in jeopardy.
For instance, an officer pulls a car over and the man has a gun in his hand, the officer tells the man to put the gun down but he doesn't but he also doesn't point it at the officer. There is no fear for life in that instance and other means besides deadly force should be looked at. We tasered the guy in this instance.
Guy comes out of his house with a shotgun. The officer tells him to put it down and the guy then swings his way with the shotgun pointed at the officer. The officer shot him. The man was given fair warning, the man then pointed the weapon at the officer, any reasonable person would believe the man was prepared to use that weapon, deadly force was warranted and used.
Here in NC only prison guards are allowed to shoot felons when they are attempting to escape. If an officer arrives on the scene and catches somebody breaking into a house and he runs away, the officer is not allowed to use deadly force just because he is running.
2006-10-17 10:01:27 · answer #2 · answered by Sheila V 3 · 0⤊ 0⤋
When he has reasonable cause to believe that deadly force is about to levied against him, or others in his vicinity.
2006-10-17 15:33:00 · answer #3 · answered by WC 7 · 0⤊ 0⤋
Changes from Country to country. In SA, to stop a person from commiting a schedule 1 offence (Criminal Procedure Act), or escaping after commiting such an act. (As a last resort).
2006-10-17 09:51:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
DEADLY FORCE CAN BE USED TO PROTECT YOUR OWN LIFE AND THE LIFE OF THE PUBLIC .BUT YOU HAVE TO BE TRUELY IN FEAR OF LOSING YOUR LIFE.
2006-10-17 09:51:38 · answer #5 · answered by ? 2 · 0⤊ 0⤋
When his life or that of someone else is in danger.
The rule is, use only that amount of force necessary to overcome resistance.
2006-10-17 09:48:58 · answer #6 · answered by cappy 3 · 1⤊ 0⤋
In New Jersey, to protect his or her own life, and the life of a third party.
2006-10-17 09:46:51 · answer #7 · answered by Anonymous · 1⤊ 0⤋