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What if the Officer did not see the suspect commit a crime but someone shouts he has a gun?

2007-01-01 09:27:57 · 13 answers · asked by FEVER 3 in Politics & Government Law Enforcement & Police

13 answers

There are pages on this, so in general

No, if the suspect is known and there is evidence to the officer that allowing that person escape would endanger the life of someone else, they can.

If that person has killed a police officer, for example, it is assumed anyone that would kill a police officer would kill anyone.

Also an escaped felon from prison can be shot to prevent his escape.

But just someone yelling they have a gun is not proof or enough to shoot them running,

2007-01-01 10:33:59 · answer #1 · answered by Anonymous · 0 2

1

2016-05-23 03:59:58 · answer #2 · answered by ? 4 · 0 0

The suspect has to dispaly an act that would make the officer think that the suspect does have a gun, AND is intending on using the gun on him or any other civilian.

Just running from a cop is not probable cause for lethal force. If he turns around and pulls out a cell phone and screams he is going to shoot the officer after the officer tells him to show him his hands, then its fair game. A lot of people don't like that, but oh well. Cops shouldn't have to be shot to be able to shoot back.

2007-01-01 14:18:30 · answer #3 · answered by deftonehead778 4 · 0 0

In my state, and I assume most others, a police officer may not shoot a fleeing suspect except in a very narrowly defined set of circumstances:

Must be sure it is a fleeing FELONY suspect.
Must be able to prove the escape is not preventable by other means.
Must be unable to pursue the felony suspect.
Felony suspect will escape capture unless officer uses deadly force.

So in your scenario, the answer would be NO.
However, if suspect turns in an aggressive manner and fails to follow police officer's commands and the officer feels threatened, deadly force may be acceptable.

2007-01-01 10:21:16 · answer #4 · answered by rjrmpk 6 · 0 0

If the suspect doesn't make a threatening move, the officer is NOT justified in shooting him.

2007-01-01 12:41:50 · answer #5 · answered by WC 7 · 0 0

Only if the suspect displays the gun in a agressive manor.

2007-01-01 09:31:18 · answer #6 · answered by CHUCK 4 · 0 0

Police Officers are justified in the use of deadly physical force to prevent the emminent use of deadly physical force against themselves or another person. If there's no emminent danger of the use of deadly physical force, then shooting is not justified.

2007-01-01 09:33:39 · answer #7 · answered by Anonymous · 1 0

If he is running away with the officer's gun. No

2007-01-01 09:33:17 · answer #8 · answered by Anonymous · 0 0

a police officer can use deadly force to prevent serious bodily harm or death to himself or a third person or to prevent the escape of a felon that poses a imitate danger to the public and all other means have been exhausted.

2007-01-01 10:19:12 · answer #9 · answered by pantyhose_creature 2 · 1 0

They can only legally shoot someone who is a threat to the officer or someone else.

2007-01-01 09:31:43 · answer #10 · answered by Catspaw 6 · 0 0

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