I have a car. Can they shoot me just because I drive away from a traffic stop?
Hey, here’s a novel idea. Just do what the cop tells you and you won’t get shot.
Yes. There are at least two ways for the state to do this and be excused. One is the rationale given in this case, which will be argued in court unless the cop cops a plea, which is basically to be in fear of serious personal injury or death. Although in a fact pattern like this, shooting the driver does not stop the car, so from a purely logical standpoint, the component of "did it to protect myself" is absent. No matter, the law is exceptionally adept at defying logic.
The other way is for the state to claim that it believed the person fleeing poses a threat to others. The belief can be false, that is no matter. The test of "belief" is one of good faith, and in this case, the argument is that people who drive cars missing a front license plate, who do not submit to orders, are believed to be a threat.
In hindsight, this cop (these cops, all of whom lied about "being dragged") would have been better off adopting the second argument.
You're kidding right? But don't worry. They can't kill you more than once.
I'd just add, there are two ways to answer that question.
Can they do it? Yes. And if they hit you, you will be seriously injured or dead.
If they do it, will the courts side with the cops? That's a fact intensive inquiry, but it is strongly biased in favor of the state.
“Can they shoot me just because I drive away from a traffic stop?”
If you did this Florida, I wouldn’t rule it out of the question.
(half sarcasm)
It’s a huuuuuuuuuuuuge mistake to drive away from a traffic stop. Do you do it? Try it next time they take you aside for a routine stop. I’ll await with interest what happens.
“Can they shoot me just because I drive away from a traffic stop?”
According to the Supreme Court, no.