Another deadly force thread

[loadnplenty]

When using deadly force in a fight there are alot of things you would need to be able to articulate. As an L.E.O. we have a different standard by which we can use deadly force in addition to what applies to non-sworn personal, and it is just in the verbage of the law. And yes we are trained to use less lethal methods when they apply to the situation. But the thing to remember is nothing works all time against every person. I have sprayed and tazed people that it did not effect!!!

 

[Stol3n]

When using deadly force in a fight there are alot of things you would need to be able to articulate. As an L.E.O. we have a different standard by which we can use deadly force in addition to what applies to non-sworn personal, and it is just in the verbage of the law. And yes we are trained to use less lethal methods when they apply to the situation. But the thing to remember is nothing works all time against every person. I have sprayed and tazed people that it did not effect!!!

very true. however, there are some who go straight to the heat before exercising other methods.

 

[jsquared]

They are...

They are in theory. In practice though....

 

[loadnplenty]

They are in theory. In practice though....

I think if you compared L.E.O. shootings compared to non-sworn you would see we are really reserved when it comes to shooting people. Especially considering how many people we would be justified in shooting that we don't!!!!!

 

[jsquared]

Im not a LEO hater at all, I am just a realist and realize that cops sometimes get away with things that would land me in jail with a quickness. In the end though I also realize LEOs are tasked with a daily routine I cant imagine, being a civie.

 

[loadnplenty]

Im not a LEO hater at all, I am just a realist and realize that cops sometimes get away with things that would land me in jail with a quickness.

Fair statement above, we weed out as many non hackers as possible. No matter the profession there are always those that seem to make it by everything designed to weed them out.

 

[sw0596]

LE and non LE are held to the exact same standards regarding deadly force in Georgia. If all three of the following criteria are met ANYONE is justified in the use of deadly force.

ABILITY
The suspect possess the means, mechanical or physical, to cause serious injury or death to you or a third person.

OPPORTUNITY
The suspect is within effective proximity to effectively use his ability to cause serious injury or death to you or a third party.

JEOPARDY
The suspect has manifested intent, either physical or verbally, to use his possessed ability and is within proximity to cause serious injury or death to you or a third party.

If ALL three of these are met deadly force is justified by ANYONE. If one or more are not met, you will find yourself in trouble.

In my experience the times LE do not use deadly force when it is justified out number the time they do use deadly force 3-4 to 1.

 

[loadnplenty]

Here is the law that applies to peace officer, you can see the difference in the language between what JSQAURED posted and this, the key word being REASONABLY. There is a whole lot more lattitude here then with non sworn


Georgia Code - Criminal Procedure - Title 17, Section 17-4-20
Legal Research Home > Georgia Laws > Criminal Procedure > Georgia Code - Criminal Procedure - Title 17, Section 17-4-20

(a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer´s presence or within such officer´s immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant.

(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.

(c) Nothing in this Code section shall be construed so as to restrict the use of deadly force by employees of state and county correctional institutions, jails, and other places of lawful confinement or by peace officers of any agency in the State of Georgia when reasonably necessary to prevent escapes or apprehend escapees from such institutions.

(d) No law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by the statutory and case law of this state.

(e) Each peace officer shall be provided with a copy of this Code section. Training regarding elder abuse, abuse of vulnerable adults, and the requirements of this Code section should be offered as part of at least one in-service training program each year conducted by or on behalf of each law enforcement department and agency in this state.

Last modified: April 25, 2006

 

[sw0596]

Yes that applies to LE only regarding apprehending / arrests of suspects to include the use of deadly force. I don't suggest Joe Citizen searching for felony suspects and would hope if they have knowledge of such, they call LE to let the pros do their job. But, when confronted with violence the same standard applies to everyone as stated above.

 

[Ghost941]

LEO or non-LEO, it comes down to this. If you are being attacked, by an armed or unarmed person or persons, can you TRUTHFULLY articulate that you were in iminent fear for your life or loss of limb or factories. If the dude attacking you is 6'8" and 350 lbs and you are 5'08" and 170 with no CQB training, yeah I think you articulate that you had a reasonable fear for your life.

LEO's do have a "toolbelt" generally speaking. And yes to a degree we are trained to use it. But sometimes, when a SHTF scenario comes along, all that goes out the window. "loadnplenty" said it best", LEO's show more reserve and probably could shoot more than twice the amount of people we do based on justification. Also bare in mind that quite a few LEOs will only carry a gun, badge, maybe extra mag and a knife, i.e.; Plain clothes detectives, UC guys, so forth. Their "level of force" differs from an officer in uniform.