protectionist
Diamond Member
- Oct 20, 2013
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FALSE!..and as I said previously the courts have upheld shootings based on disappeared hands (killings - and I named some examples - you've already been refuted)I looked it up and what you said is FALSE.
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A/I Gemini
No, an officer cannot shoot simply because a suspect's hands are out of sight.
Under the Fourth Amendment and the landmark case Tennessee v. Garner, police may only use deadly force if they have probable cause to believe the suspect poses an immediate threat of death or serious physical injury to the officer or others. Losing sight of a suspect's hands is a safety concern that justifies commands or physical restraint, but it does not automatically meet the legal threshold for lethal force.
The standard used is "objective reasonableness," established by the Supreme Court in Graham v. Connor. This means an officer's actions are judged based on what a "reasonable officer" would do in the same situation, without the benefit of 20/20 hindsight.
Courts look at three main factors:
- The severity of the crime.
- Whether the suspect poses an immediate threat to anyone.
- Whether the suspect is actively resisting or attempting to flee.
An officer must perceive an actual, immediate danger—not just a possibility—before using deadly force. Simply hiding one's hands is considered a "suspicious" or "furtive" movement that justifies drawing a weapon or giving loud commands, but it isn't enough to pull the trigger on its own.
All you've done here is display your lack of common sense and details of police procedure. YOU foolishly think an unfrisked suspect reaching into a jacket, a center console, a car window, or just behind his body is not an actual, immediate danger ? How stupid.
The courts have repearedly disagreed with you. They follow the 60 years of police academy class that knows that to go from a disappeared hand to one firing a gun, takes about 1/4 of a second. The cop has zero chance to defend himself.
The aqcuittals of Betty Shelby, Jeronimo Yanez, Philp Brailsford, et al cops, all consistently verify. Try looking THEM UP.