If a police officer was in a shootout and got shot, and i picked up his gun and shot the bad guy, would i get charged with anything?
2007-09-08 18:57:12 · 22 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Absolutely not, and I'm sure someone would buy you dinner, and you'd probably get a citizens commendation.
2007-09-08 19:24:27 · answer #1 · answered by CGIV76 7 · 4⤊ 3⤋
Actually, you would have to say what you were doing there, in the first place. If you were present and witnessed this, picked up the gun that was used by the cop, shot the bad guy, highly unlikely unless the bad guy didn't know you were there, you are a good shot, highly proficient with the use of a firearm and ready to assume responsibility for that action. You would be hailed as a hero by most folks. Unfortunately, not by the family of the person who was shot. Many times, in a situation such as this, the shooter becomes the victim. Unless, of course, that his own life were in danger, at which time, it would become a moot point. He would be the hero that everyone thought he was.
There would then be the family of the original shooter, trying to sue you because you shot their boy who never did anything wrong!
Too bad we have all become so sensitive to the poor guy who was just trying to get enough money to get his drugs, we put the needle in his arm...we caused him to do what he did..and so it goes...on and on...nobody can take responsibility for their own actions.
2007-09-08 19:41:37 · answer #2 · answered by ricrossfireclub 4 · 2⤊ 2⤋
A police officer, who like you is a citizen of the community and the state, is shot by a criminal and unable to defend him/herself. You make your way to the downed officer, take control his/her service weapon and put the assailant down; thus protecting the officer from greater injury/death, the community from a dangerous person, and you may also be defending yourself.
I VERY, VERY SERIOUSLY doubt any DA or anyone else would find reason to charge you. Plus, most agencies use audio recording and more and more agencies use video recording, so you should be covered a few ways.
The original definition of a police officer by the English is "a person who is paid to do what is EVERY citizen's duty to do."
2007-09-09 01:23:42 · answer #3 · answered by Alan P. 2 · 1⤊ 1⤋
Most states have an allowance for the use of deadly physical force, such as using a firearm, to defend yourself or another against the believed threat of the same. If the "Bad Guy" was still trying to shoot the police officer, you would be completely justified in the use of the injured officer's firearm against the assailant.
Also, some states have a "Fleeing Felon" law that allows the use of force, including Deadly Physical Force, to apprehend an individual alleged to have committed a felony. In your case, the "Bad Guy" shooting a police officer would qualify.
In New York State, civilians are legally allowed to use physical force, including deadly physical force, to affect the arrest of anyone who has committed the crime of Murder, Manslaughter in the First Degree, Robbery, Forcible Rape, or Forcible Criminal Sexual Act and who is in immediate flight therefrom.
In playing along with your hypothetical question, you'd better be sure you can safely intervene otherwise you just might get shot by other arriving officers if they find you over the body of one of their own. I'm DEFINITELY not saying to turn your back but just know the consequence of acting.
2007-09-08 19:42:46 · answer #4 · answered by ResQMedic4806 3 · 0⤊ 2⤋
The answer should be a simple "NO". The legal system is bloated and would probably waste a million dollars while ignoring both the wounded officers, and your words.
In all honesty in that situation you should get a medal and new friend for life, and a lifetime concealed carry permit.
2007-09-09 00:17:40 · answer #5 · answered by vote_usa_first 7 · 2⤊ 0⤋
They will investigate you completely. If your actions are "pure", then most probably not. If they should happen to find out that you and the bad guy have had some type of problems before, then you can pretty much guarantee that you'll be charged with at least charged with a crime.
2007-09-08 19:06:42 · answer #6 · answered by cajunrescuemedic 6 · 0⤊ 1⤋
it depends. there would be an investigation. if it was found that you acted in good faith to protect the life of a police officer or other citizen, then no. If it were found that you were negligent or broke the law, you might be charged. Remember, charging or being arrested and actually being convicted is not the same thing.
2007-09-08 19:07:37 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Not if it is a criminal you shot, but here is the thing you have to consider, since you don't know all the particulars about what transpired, it is best not to act hastily. What seems clear cut at the time , may in fact not be the case.
2007-09-08 23:44:33 · answer #8 · answered by WC 7 · 0⤊ 2⤋
Depends on the state. Most states will allow you to kill somebody to protect another, but there are a few states which require you to personally be threatened before you can legally do it.
2007-09-08 19:04:18 · answer #9 · answered by Anonymous · 2⤊ 0⤋
The incident would be investigated but you would probably be cleared of any wrong doing. You probably wouldn't get any speeding tickets in that area for the rest of your life.
Read this article:
http://www.wmur.com/news/13309049/detail.html
My father-in-law lives in New Hampshire and I was up there visiting when this incident happened. It pretty much mirrors your question.
2007-09-08 22:30:14 · answer #10 · answered by El Scott 7 · 5⤊ 1⤋
no you would be aiding and abbetting a downed officer / 10-33--protecting a law enforcement person you would probably be decorated--also citizen helping is like first aid laws not held liable when assisting someone from dying "good samaritan law'" applies here
2007-09-08 20:07:27 · answer #11 · answered by ahsoasho2u2 7 · 1⤊ 1⤋