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Jumping Frog wrote:

jmra wrote: 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.

Jumping Frog wrote:

jmra wrote: 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'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.