"So it is not very likely at all that they would not react to pepper spray." I can only assume that your participation in this forum is based on your possession or intent to possess a firearm that is carried for defense of self and if applicable the defense of others, should the situation arise. If that is the case, "it is not very likely" that you will ever use said firearm. But then again you know.
NEVER base your survival on "it is not very likely". Again, playing what if's, what if the officer previously in his career was injured by a dog and had attempted to pepper spray the said previous dog with no effect. Is the officer going to risk injury a second time in a serious bodily injury/possible death situation by spraying a dog that might not react to the pepper. No, he is not. Also, with the unknowns of the situation and already having his service weapon drawn, is the officer in a split second decision making time frame going to holster his weapon and draw whichever less lethal device he's going to use to subdue the charging/barking/growling dog. I cant speak of your familiarity with working dogs but they are very quick and agile. My boxer can make it (in full sprint) up the stairs of my house in 3 steps. He can jump the privacy fence in my back yard. I have seen heelers jump onto the backs of cattle and cross the herd to get to the other side. The officer simply wouldnt have had time to react, transition and re-engage. If he wouldve attempted he would have been defenseless against the dog and wouldve had to try to defend himself after the attack had begun. He was able to stop the perceived threat before the attack began. Bottom line: The officer was put in fear of his life and sever bodily injury due to circumstances out of his control.
The method of force justification is really worrying to me (+1). I was always told that the only reason a police officer is permitted to shoot someone is if his life or the lives of innocents are in danger. So by that method a person could tell a police officer to "go away and leave me alone" (probably in not so nice terms) and the police officer is justified in pepper spraying them? Not that I am saying smarting off to a police officer is wise or acceptable behavior, but the +1 policy really worries me. What if a person spits on your shirt (assault) are you then permitted to used lethal force? Just saying that really seems to set up really serious concerns. It also could contribute to the them vs us mentality that causes problems for all in a community both LEO and civilian. If a civilian took that position on force they could find themselves in very hot water very
I wouldnt expect you to be able to understand the functions of "Use of force" as it pertains to police work as we receive HOURS upon HOURS of training in the matter, much in the same fashion I couldnt expect myself to understand the functions of the complexities of the work you are trained to do. It would be unfamiliar territory for both us. Heres a model that helps break it down. As far as youre examples, if an officer gives you a lawful command, such as "stand up, and turn around, youre under arrest", and you answer with "go away and leave me alone" (in not so nice terms) the officer is legally justified in pepper spraying you based on the use of force continuum. Does it always happen that way, no it doesnt. Is it legal and justifiable, yes it is. If a person spits at me (in Tx its a felony) it could be to temporarily blind me, so that they can easier assault me or it could be to infect me with whatever communicable disease they have. (yes, it actually happens) This scenarior is a little more in depth. If the spit is precursored with "im gonna (insert bodily harm intended)" then the action would be "assualtive" and the legal and justifiable response would be deadly force. Again, does it always happen that way, no, but it would be legal and justifiable.
"The suspect who was known to have extensive criminal history pertaining to assault on police, interferring with police, and weapons charges stated to me, "Im going to kill you" and then spat in my face. The spit was followed by the suspect attempting to punch me with his right fist. I was in fear that the suspect would cause me great bodily harm or follow through with his threat of death. I backed away from the suspect and gave loud clear commands to "get on the ground" and "youre under arrest". I wiped the suspect's saliva from my eyes and could see that he was still approaching me in a combative/assaultive stance. The suspect had his left hand in his pocket and was refusing to follow my commands. I drew my service weapon and fired at the suspect. He fell to the ground, I continued my loud clear commands and the suspect refused to follow them. I covered the suspect until back up arrived." is different than
"he spat in my face and I shot him."
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THE 2ND AMENDMENT: They didnt use the freedom of speech to defeat the british, They SHOT them.