[stocksthatgoup]

Will this same ruling apply to Terrorists fleeing the scene?

[Ohioan]

It is really not clear to what the Tennessee case applies. It has been interpreted by "Liberal" city governments as an excuse to hamstring the Police, but in my opinion should be narrowly construed. Frankly, I am not sure that it would contradict the Alito Memo cited.

A burglar would appear to be an inherent threat, in need of apprehension. When a cop yells "stop," the fleeing felon should expect some sort of follow up, if he does not.

There is far too much erring in favor of the criminal. I agree that it should require proof "beyond a reasonable doubt," to convict--and I have won acquittal for more Defendants than I can count in the Court Room. But when a cop yells for a fleeing felon to stop, and he does not, I would never accuse the cop of using excess force if he draws his gun and fires. Some would, but not I. Respect for the authority of the cop to act, in that situation, is essential to effective crime deterrence.

William Flax Return Of The Gods Web Site