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by srothstein
Fri Feb 01, 2008 8:26 pm
Forum: General Texas CHL Discussion
Topic: Scenario poll. Deadly force to protect your property
Replies: 17
Views: 1413

Re: Scenario poll. Deadly force to protect your property

the-rio-rat wrote:Even during "fresh" pursuit, ones own life must be in danger to use deadly force.
Someone else has pointed out the other problem with your post (the Castle Doctrine). I wanted to address this issue.

First, never ever base your actions on what a law or rule for police officers says. The police are bound much tighter than the average citizen is, based on the Fourth Amendment. This restricts governments and their agents like police. It does not apply to citizens.

Your comment, I think, is a reference to the Garner v. Memphis decision, which is a restriction on police. It did away with the old rules of shooting to stop the fleeing felon. It says that the officer cannot use deadly force unless he can prove there is a greater threat to the public if the BG gets away than the danger involved in violating the suspects rights by the unlawful use of force. The threat does not have to be against the cop. For example, if I am chasing a proven serial killer, say the Son of Sam killer, I can show that he will kill again if he gets away and I could use that as the justification. That is an extreme example but it shows the point about the threat not having to be against the officer.

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