Taser / Deadly Force

[Mhoward]

Thanks for the replies. Answered my questions perfectly as this forum usually does.

[texanron]

"He was threatening me with a weapon in his hand and I was in fear for my life."

[remington79]

At work we were taught that if someone was going to try to use a taser or OC we can use lethal force. This is because if that item was deployed against you, you would be temporarily incapacitated and at the mercy of your attacker.

[10mmillie]

Being an ex-cop if someone pulls a Taser on me I'm going to shoot them. Tasers and Pepperspray were made to incapacitate.

[jmra]

I'm not sure I agree with the assumption that the kids (I use the term kids loosely) in the video provoked the incident that resulted in the officer pulling a Taser. It appears the kids are filming something about shopping carts with a cell phone when an aggressive angry off-duty police officer approaches them demanding ID.
I believe this officer came very close to crossing a line in which a reasonable person would have considered his actions an unjustified threat which could have resulted in severe bodily harm or even death. If the situation had progressed to the point where he did in fact cross that line by raising the taser and one of the individuals had a CHL, I believe they would have been justified in defending themselves.
Officers who behave in this manner are nothing more than thugs in uniform and need to be removed from service.

[Jumping Frog]

If the situation had progressed to the point where he did in fact cross that line by raising the taser and one of the individuals had a CHL, I believe they would have been justified in defending themselves.

Boy, that is the classic case of CHL nightmare scenario. Even if a CHL properly -- in 100% compliance with the law -- uses deadly force on an LEO, they can expect a whole truckload of problems.

The one that worries me most is being the subject of a "no-knock warrant", where the forcible entry is to the wrong address. The "homeowner shoots intruders" story does not have a happy ending.

[jmra]

If the situation had progressed to the point where he did in fact cross that line by raising the taser and one of the individuals had a CHL, I believe they would have been justified in defending themselves.

Boy, that is the classic case of CHL nightmare scenario. Even if a CHL properly -- in 100% compliance with the law -- uses deadly force on an LEO, they can expect a whole truckload of problems.

The one that worries me most is being the subject of a "no-knock warrant", where the forcible entry is to the wrong address. The "homeowner shoots intruders" story does not have a happy ending.

I agree it is a nightmare. But watching this video forces me to consider the possibility.

[jmra]

If the situation had progressed to the point where he did in fact cross that line by raising the taser and one of the individuals had a CHL, I believe they would have been justified in defending themselves.

Boy, that is the classic case of CHL nightmare scenario. Even if a CHL properly -- in 100% compliance with the law -- uses deadly force on an LEO, they can expect a whole truckload of problems.

The one that worries me most is being the subject of a "no-knock warrant", where the forcible entry is to the wrong address. The "homeowner shoots intruders" story does not have a happy ending.

I knew my instructor covered this in class:

(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

[Mhoward]

If the situation had progressed to the point where he did in fact cross that line by raising the taser and one of the individuals had a CHL, I believe they would have been justified in defending themselves.

Boy, that is the classic case of CHL nightmare scenario. Even if a CHL properly -- in 100% compliance with the law -- uses deadly force on an LEO, they can expect a whole truckload of problems.

The one that worries me most is being the subject of a "no-knock warrant", where the forcible entry is to the wrong address. The "homeowner shoots intruders" story does not have a happy ending.

I agree it is a nightmare. But watching this video forces me to consider the possibility.

I totally agree with you. When I was watching the video it just seems as if the kids were provoking him by not turning the camera off and walking away. Maybe the kept the camera on for protection or just so they can post in on the internet. In my younger days we use to run around and do "dumb" stuff but once we were confronted we would usually walk away. When I watched the video I just thought about what if that was me and, if I didn't do anything that terribly wrong, the security guard pulled a taser on me I would have probably drew my own weapon which would have more than likely ended badly after the police arrived. Have to be careful out there.