ExpertLaw.com Forums

When Can the Police Shoot You as a Fleeing Felon

Printable View

  • 07-23-2012, 09:58 AM
    NCC 1701
    When Can the Police Shoot You as a Fleeing Felon
    My question involves criminal law for the state of: CA

    An officer approaches you on the street, asks for ID, you take off running, at that point in time are you a fleeing felon? Isn't evading/running from the officer a felony offense? Then does that give the officer the justification to shoot you in the back? I'm under the impression an officer can lawfully shoot a fleeing felon (of any felony degree) and am I right to say that would even include a child or minor?
  • 07-23-2012, 10:01 AM
    free9man
    Re: Fleeing Felon
    No, you are not a fleeing felon just for running from an officer. An officer cannot generally shoot anyone in the back intentionally, even a fleeing felon. There are rare circumstances where it is absolutely necessary but the officer better have all their ducks in a row, preferably with a verifiable shoot order from someone else further up the chain of command.
  • 07-23-2012, 10:46 AM
    Mr. Knowitall
    Re: Fleeing Felon
    An officer can't shoot somebody who is fleeing unless the officer has reason to believe the person poses an imminent danger to the officer or to others. The danger is more obvious when the felon is approaching as opposed to retreating, but there can be circumstances in which a particularly dangerous felon can be shot in the back. At a certain extreme - the prison break - when bars and fences fail the last line of 'escape prevention' may well come from a sniper.
  • 07-23-2012, 12:05 PM
    cdwjava
    Re: When Can the Police Shoot You as a Fleeing Felon
    Quote:

    Quoting NCC 1701
    View Post
    My question involves criminal law for the state of: CA

    An officer approaches you on the street, asks for ID, you take off running, at that point in time are you a fleeing felon?

    No. In fact, if that is ALL that has happened, you might not even be committing a crime! If there is ANY crime, it would be for resisting, obstructing or delaying an officer pursuant to PC 148(a).

    Quote:

    Isn't evading/running from the officer a felony offense?
    Not in CA.

    Quote:

    Then does that give the officer the justification to shoot you in the back? I'm under the impression an officer can lawfully shoot a fleeing felon (of any felony degree) and am I right to say that would even include a child or minor?
    Uh ... no.

    http://supreme.justia.com/cases/fede...71/1/case.html
  • 07-23-2012, 04:39 PM
    NCC 1701
    Re: Fleeing Felon
    Quote:

    Quoting free9man
    View Post
    No, you are not a fleeing felon just for running from an officer. An officer cannot generally shoot anyone in the back intentionally, even a fleeing felon. There are rare circumstances where it is absolutely necessary but the officer better have all their ducks in a row, preferably with a verifiable shoot order from someone else further up the chain of command.

    I thought when you "ran" you woujld be comminting a felony, hence you'd be considered a fleeing felon, which then the officer would more than likely, promptly shoot you in the back to stop you
  • 07-23-2012, 04:45 PM
    cdwjava
    Re: Fleeing Felon
    Quote:

    Quoting NCC 1701
    View Post
    I thought when you "ran" you woujld be comminting a felony, hence you'd be considered a fleeing felon, which then the officer would more than likely, promptly shoot you in the back to stop you

    As I mentioned, it is neither a felony NOR justification to shoot someone. The "fleeing felon" rule went out the door decades ago (1985) with Tennessee v. Garner ... even before that, it was rarely utilized due to policy, state laws, and common sense.
  • 07-23-2012, 04:45 PM
    jk
    Re: Fleeing Felon
    Quote:

    Quoting NCC 1701
    View Post
    I thought when you "ran" you woujld be comminting a felony, hence you'd be considered a fleeing felon, which then the officer would more than likely, promptly shoot you in the back to stop you

    why would running be a felony (and if it is, somebody better alert the Olympians that will be running soon)?

    and your signature line translates to this?

    welcome to the land of poo spin discs

  • 07-23-2012, 08:21 PM
    PTPD22
    Re: Fleeing Felon
    As Carl said, Garner is the landmark case regarding this issue. Do a google search and research it for more detail.

    No, running from the cops is not a felony in any state that I am aware of...Now, attempting to elude police by the reckless operation of a motor vehicle is a different matter. But, just beating feet, is a misdemeanor at best and maybe not even a crime.
  • 07-24-2012, 08:30 AM
    indybail
    Re: Fleeing Felon
    You asked if fleeing is a felony. There are circumstances that can elevate the act of fleeing law enforcement into a felony. A high speed automobile chase for example.
All times are GMT -7. The time now is 08:55 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved