Cop is lucky he didn't get shot

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pbwalker
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Re: Cop is lucky he didn't get shot

#31

Post by pbwalker »

thanks for the answer!
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gigag04
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Re: Cop is lucky he didn't get shot

#32

Post by gigag04 »

Purplehood wrote: The Officer acted in good faith based on the information that he was given. If that is indeed the case, it is most likely that he would not suffer any liability.
I believe you are correct. I think this is the same standard that any individual will be held to if involved in a similar situation. Is this the case in Court Martial proceedings as well?
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Katygunnut
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Re: Cop is lucky he didn't get shot

#33

Post by Katygunnut »

gigag04 wrote:
Purplehood wrote: The Officer acted in good faith based on the information that he was given. If that is indeed the case, it is most likely that he would not suffer any liability.
I believe you are correct. I think this is the same standard that any individual will be held to if involved in a similar situation. Is this the case in Court Martial proceedings as well?
Based on the information available in this story, I would have to disagree. It sounds to me like the officer acted in an unnecesarily dangerous and unreasonable manner. If I were on the jury, I might conclude that a more prudent course of action would have been to announce that he was in fact a LEO, have the front desk clerk call the room, and possibly also to call for uniformed back-up.

This is assuming that there was no other way out of the room (so no worry about the suspect fleeing) and no suspicion of a violent crime currently being committed or evidence being destroyed, etc. If the real purpose was solely to question someone, then none of these factors would seem to have been present.

If we assume that the facts as presented are in fact accurate, then I am having a hard time understanding how the officer was acting in good faith by kicking in the door, which in turn led to a potential gunfight. That is even allowing for the possibility that he announced himself as a LEO (which the citizen in question may not have heard / understood).
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Excaliber
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Re: Cop is lucky he didn't get shot

#34

Post by Excaliber »

Katygunnut wrote:
gigag04 wrote:
Purplehood wrote: The Officer acted in good faith based on the information that he was given. If that is indeed the case, it is most likely that he would not suffer any liability.
I believe you are correct. I think this is the same standard that any individual will be held to if involved in a similar situation. Is this the case in Court Martial proceedings as well?
Based on the information available in this story, I would have to disagree. It sounds to me like the officer acted in an unnecesarily dangerous and unreasonable manner. If I were on the jury, I might conclude that a more prudent course of action would have been to announce that he was in fact a LEO, have the front desk clerk call the room, and possibly also to call for uniformed back-up.

This is assuming that there was no other way out of the room (so no worry about the suspect fleeing) and no suspicion of a violent crime currently being committed or evidence being destroyed, etc. If the real purpose was solely to question someone, then none of these factors would seem to have been present.

If we assume that the facts as presented are in fact accurate, then I am having a hard time understanding how the officer was acting in good faith by kicking in the door, which in turn led to a potential gunfight. That is even allowing for the possibility that he announced himself as a LEO (which the citizen in question may not have heard / understood).
Drawing useful conclusions from any first report press article is a dicey proposition at best. Initial articles very often contain major factual errors and omissions that are critical to understanding what really happened. These items often do not get sorted out until the third or fourth article several days later, if there are any follow on articles. If not, the initial misinformation never sees correction in print.

This article in this thread isn't exempt from this pattern, and it didn't provide enough facts to begin to make a valid judgment (e.g., it omitted information on the crime being investigated, whether the person being sought was believed to be an immediate danger to herself or others, whether critical evidence was believed to be in danger of being destroyed, etc.). It also did not include a statement of the facts from the officer's side.

Caution is advised in cases like this. Strong commitment to black and white conclusions drawn from shaky facts is a recipe for :oops: .
Excaliber

"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
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lonewolf
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Re: Cop is lucky he didn't get shot

#35

Post by lonewolf »

:iagree: with our illustrious friend Excalibur. Get all the facts. I've written industrial accident reports before and am quite aware that every story has two sides. Or more. The same applies to family disputes and such. It would be a good thing if more reporters used appropriate language such as "Based on the limited information available at this point..." or "While all the facts are not known at this time...." or "We're really just guessing at the facts here, but here is what we THINK happened....."

There are two sides to every story and most often there are conflicts in those stories as well. For example, I've never, ever met a divorced person who said the relationship breakdown was their fault. Ever.

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Re: Cop is lucky he didn't get shot

#36

Post by Katygunnut »

Excaliber wrote:
Katygunnut wrote:
gigag04 wrote:
Purplehood wrote: The Officer acted in good faith based on the information that he was given. If that is indeed the case, it is most likely that he would not suffer any liability.
I believe you are correct. I think this is the same standard that any individual will be held to if involved in a similar situation. Is this the case in Court Martial proceedings as well?
Based on the information available in this story, I would have to disagree. It sounds to me like the officer acted in an unnecesarily dangerous and unreasonable manner. If I were on the jury, I might conclude that a more prudent course of action would have been to announce that he was in fact a LEO, have the front desk clerk call the room, and possibly also to call for uniformed back-up.

This is assuming that there was no other way out of the room (so no worry about the suspect fleeing) and no suspicion of a violent crime currently being committed or evidence being destroyed, etc. If the real purpose was solely to question someone, then none of these factors would seem to have been present.

If we assume that the facts as presented are in fact accurate, then I am having a hard time understanding how the officer was acting in good faith by kicking in the door, which in turn led to a potential gunfight. That is even allowing for the possibility that he announced himself as a LEO (which the citizen in question may not have heard / understood).
Drawing useful conclusions from any first report press article is a dicey proposition at best. Initial articles very often contain major factual errors and omissions that are critical to understanding what really happened. These items often do not get sorted out until the third or fourth article several days later, if there are any follow on articles. If not, the initial misinformation never sees correction in print.

This article in this thread isn't exempt from this pattern, and it didn't provide enough facts to begin to make a valid judgment (e.g., it omitted information on the crime being investigated, whether the person being sought was believed to be an immediate danger to herself or others, whether critical evidence was believed to be in danger of being destroyed, etc.). It also did not include a statement of the facts from the officer's side.

Caution is advised in cases like this. Strong commitment to black and white conclusions drawn from shaky facts is a recipe for :oops: .
I agree completely. That is why I caveated my comments several times that the conclusion was based solely on the information presented in the story. I was trying to refute the specific conclusion that the officer acted reasonably / in good faith. He may very well have acted in a reasonable manner, but I don't think you can reach that conclusion based on the information presented.
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Excaliber
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Re: Cop is lucky he didn't get shot

#37

Post by Excaliber »

Katygunnut wrote:
Excaliber wrote:
Katygunnut wrote:
gigag04 wrote:
Purplehood wrote: The Officer acted in good faith based on the information that he was given. If that is indeed the case, it is most likely that he would not suffer any liability.
I believe you are correct. I think this is the same standard that any individual will be held to if involved in a similar situation. Is this the case in Court Martial proceedings as well?
Based on the information available in this story, I would have to disagree. It sounds to me like the officer acted in an unnecesarily dangerous and unreasonable manner. If I were on the jury, I might conclude that a more prudent course of action would have been to announce that he was in fact a LEO, have the front desk clerk call the room, and possibly also to call for uniformed back-up.

This is assuming that there was no other way out of the room (so no worry about the suspect fleeing) and no suspicion of a violent crime currently being committed or evidence being destroyed, etc. If the real purpose was solely to question someone, then none of these factors would seem to have been present.

If we assume that the facts as presented are in fact accurate, then I am having a hard time understanding how the officer was acting in good faith by kicking in the door, which in turn led to a potential gunfight. That is even allowing for the possibility that he announced himself as a LEO (which the citizen in question may not have heard / understood).
Drawing useful conclusions from any first report press article is a dicey proposition at best. Initial articles very often contain major factual errors and omissions that are critical to understanding what really happened. These items often do not get sorted out until the third or fourth article several days later, if there are any follow on articles. If not, the initial misinformation never sees correction in print.

This article in this thread isn't exempt from this pattern, and it didn't provide enough facts to begin to make a valid judgment (e.g., it omitted information on the crime being investigated, whether the person being sought was believed to be an immediate danger to herself or others, whether critical evidence was believed to be in danger of being destroyed, etc.). It also did not include a statement of the facts from the officer's side.

Caution is advised in cases like this. Strong commitment to black and white conclusions drawn from shaky facts is a recipe for :oops: .
I agree completely. That is why I caveated my comments several times that the conclusion was based solely on the information presented in the story. I was trying to refute the specific conclusion that the officer acted reasonably / in good faith. He may very well have acted in a reasonable manner, but I don't think you can reach that conclusion based on the information presented.
With insufficient information available to either support or refute the reasonableness of the actions taken, the only valid conclusion we can reasonably draw is that there's insufficient information available to draw a valid conclusion.
Excaliber

"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
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