Michael Brown shooting: when can US law enforcement officers fire? (fleeing felon rule)

The Guardian ^ | august 15, 2014 | Lauren Gambino

[Attention Surplus Disorder]

“The US constitution does not allow a police officer to shoot an unarmed, non-violent suspect in flight who does not pose a serious risk to public safety. …”

The Constitution does not allow a police officer to shoot a tricked out ‘57 Chevy either, but just because I happen to mention one of a million things that a cop cannot shoot does not make this silly, irrelevant straw man argument apply to the original topic matter.

[Myrddin]

There are 4 pictures from the store surveillance camera showing Brown roughing up a small Pakistani clerk and holding the box of cigars. The sandals on his feet are a match for the guy laying face down in the street. It isn't an alleged assault. It was captured on video immediately prior to the arrival of the police for a strong arm robbery call.

[DB]

It is just as likely Brown was shot during the struggle in the car and wandered off 35 feet before collapsing.

[Yogafist]

What if a felon deliberately hits someone with is car causing serious injury, and then tries to flee?

[Shimmer1]

Sorry for ya, but the officer who killed him didn’t even know he’d robbed the store. And you had such a convenient little scenario going there too. Too bad.

[DB]

So says his buddy that was with him while robbing a store...

He could well have been shot during the struggle in the car and wandered off 35 feet before collapsing.

[GoldenPup]

Attacking an armed police officer is not a human right.

Also not a very bright idea no matter how big you are.

[VerySadAmerican]

Beating the crap out of a cop is a felony.

With that said, I have a problem with the law that says “if the cop BELIEVES the perp has committed a felony”. A cop gets disrespected by a guy who walks away and the cop shoots him in the back. “I thought he looked like a person I saw on a wanted poster.”

[Kackikat]

The cops get radio d immediately with info, a description of person, clothes, and way they headed, if known. The cop knew all of it before he reached the destination, and this isn’t Brown’s first rodeo with the cops, if I read one article right.

[Beagle8U]

“But one he was in retreat ... he was shot [I think] it was 35 feet from the police car.

Once he was going in the other direction, it might be debatable.”

If he had been going the other direction, how was there no blood on the back of his shirt, no holes in the back of his shirt?

He died face down with his arms by his side.

[Slings and Arrows]

maybe he got shot in the scuffle.

That's even worse than being shot in the fracas!

[DB]

The reports I’ve read said the officer was responding to a robbery - a robbery where this guy fit the description.

[mrsmel]

The cops were called to the scene because of the robbery. Graffiti was painted on the store (which was looted and destroyed) about “snitchers get stitches”.

[VerySadAmerican]

According to the law if the guys committed strong armed robbery and beat the crap out of a cop, the cop could shoot him to keep him from doing it to someone else.

[Mariner]

"The radio description of robber would have noted his physical assault on the convenience store employee... making him sound dangerous....that would have played into the police officers information on the burglar. The fact he was assaulted also would have intensified the officer’s fear for the public."

IF that APB was out the POlice should be able to provide recordings/transcripts.

They will have to close this "Suspect in Strong-Armed Robery" loop with evidence. I suspect they would not make the assertion if they cannot.

They will have to show this officer was aware of the robbery, it happened before the deadly confrontation AND the officer was aware of the description.

Absent that, they will have to show the officer was under imminent threat. INITIAL reports says they can't do that.

[Myrddin]

I just have the pictures of him doing the robbery and laying the street in his own blood. The cops will have his criminal history by running his id. Too bad the officer didn't have a camera running to record the contact instead of depending on hostile witnesses.

[Secret Agent Man]

a reasonable person can believe that a person trying to forcibly take another person’s gun, disarming them, has intent to use that gun on that person.

[b4its2late]

Maybe he was trying to pull up his pants above his thighs?

[Mariner]

"This guy was a physically big thug and a bully. He probably thought he could do a beat down on the cop and get away with it. Wrong. Good riddance."

He may, in fact, needed killin'.

But that doesn't mean the cop had a legal shoot.

[butterdezillion]

If he was fleeing why weren’t there any bullets in his back?