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  1. #1
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    Default 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?

  2. #2
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    Default 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.

  3. #3
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    Default 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.

  4. #4
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    Default Re: Fleeing Felon

    Quote Quoting free9man
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    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

  5. #5
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    Default Re: Fleeing Felon

    Quote Quoting NCC 1701
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    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.

  6. #6
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    Default Re: Fleeing Felon

    Quote Quoting NCC 1701
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    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


  7. #7
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    Default 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.

  8. #8
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    Default 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.

  9. #9
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    Default 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).

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

    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

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