Scene:
You witness a felony is progress... ie: a rape, attempted arson, burglary, etc.
You are not a Police Officer.
You challange the suspect with gun drawn. The suspect does not comply when you tell him to get on the ground but does not attempt to approach you. No matter how many times you repeat the command, he just stands there.
Do you:
Fire a warning shot into the ground to show your intent?
Back off and holster your weapon?
Leave the scene and call the Police? (no cell phone)
Other?
2007-06-11 15:43:38 · 8 answers · asked by Jubal Harshaw 6 in Politics & Government ➔ Law Enforcement & Police
Of the three options you present, all would be answered with a NO.
Firing a warning shot is always a bad idea. That bullet is going to go somewhere, even as a ricochet. What do you do if the one shot you fired somehow jams your gun? What if the guy also ignores the warning shot and continues to just stand there. How many warning shots are you going to fire?
Your suspect was interrupted while committing a serious, violent felony. Backing off and holstering your weapon may encourage an attack against you.
You have interrupted a serious, violent felony. Leaving the scene, even to call the police, might prompt the criminal to go ahead and complete his crime.
What should be done is to alert others in the area and get someone to call the police while you hold the criminal at gun point. If there is a victim involved, try to get the victim to move away from the attacker.
As long as the suspect "just stands there", you have some measure of control. If he launches an attack, then you can respond.
If he turns and runs from you, you are best advised to let him go. You stopped the crime, you are not required, morally or legally, to apprehend the criminal. If anyone is going to shoot the criminal, best let the cops to that. At least, the agency has the money to pay for the civil suit that always follows a shooting.
2007-06-11 16:00:17 · answer #1 · answered by Anonymous · 3⤊ 1⤋
No you do not fire. If life is not in immediate danger, you record as much detail as possible to assist in the arrest of the suspect(s).
Why would you challenge a possible burglar (if it isn't you're residence) anyway? You should do like I advised above and call 911 from the nearest phone, or flag down someone to call while you watch the suspect from concealment.
If life is in immediate danger, you take whatever steps needed that a "reasonable person" would do to prevent the loss of life..
2007-06-12 11:59:26 · answer #2 · answered by randy 7 · 0⤊ 0⤋
Okay,
In NC the following law deals with private citizens detaining criminals:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-404.html
In a nut shell G.S. 15A-404 says you can detain someone committing all the crimes you listed above (but does not apply to more petty crimes). You must detain and/or restrain the person in a reasonable manner. You must then contact the Police and turn the villain over to the officers when they arrive.
Warning shots are not a good idea.
This will probably be similar to other state's laws on the subject.
2007-06-11 22:58:44 · answer #3 · answered by El Scott 7 · 2⤊ 0⤋
Never shoot warning shots. I tell all my junior sailors you have bought everything that bullet hots as soon as you fire. You do not shoot unless you have to to stop a serious offense in this case. As soon as you presented your weapon you stopped it.
Shout for help. Keep you weapon on target. Do your damnedest not to shake. Maintain a reasonable distance so he will not have an opportunity to attack you. And memorize everything you can about him. If they run away you will be able to give a detailed description to the police once you are in contact with the.
2007-06-11 23:17:40 · answer #4 · answered by cutiessailor 3 · 0⤊ 0⤋
you have already made it to the point of no return.if hr continues raping her you warn him. if he still does not stop you put a hole in him.now on the other hand if he stops you have to make a judgement call.if he tries to leave let him go. worry about the girl being raped. give the police the best description possible.if he makes a move towards you,you have the right to use deadly force
2007-06-12 00:06:05 · answer #5 · answered by charlsyeh 7 · 0⤊ 0⤋
1st there is no such thing as a warning shot !
2ND if the threat of committing a felony is stoped nope you can't shoot , you simply detain until police arrive , if they do not comply and continue to commit the felony then yes deadly force is authorized .. and for those who will answer you can't use deadly force to stop a felony in progress . you are WRONG
2007-06-11 22:52:54 · answer #6 · answered by Dr.Bucksnort 7 · 1⤊ 1⤋
As the first two ans. said, it's really up to a trained officer of the law. Sure you got that gun...use it to protect yourself and others. But people going around, shooting at people that may, or may not be committing a crime, is called anarchy or mob rule. We have laws in this country,....don't like the laws.?...move to Iraq..no law there...shoot as many 'criminals' or 'terrorist' as your little gun can handle.
Don't play a juvenile game of 'cops&robbers' on our streets !
2007-06-11 23:05:32 · answer #7 · answered by Anonymous · 0⤊ 2⤋
thats a tough one. since the public never gets involed,i cant really answer that one.firing warning shots might work,but a good laywer will surley get you. if you simply back off and do nothing,the crime continues without punishment,take your eyes off him to call for help,and he disappears. suddenly,you are in a position we are in daily. WE WILL ACT,REGARDLESS! WE ARE COPS AND PROUD OF IT!
2007-06-11 22:53:51 · answer #8 · answered by '' GUV '' 3 · 0⤊ 3⤋