Essay On What Legal Justification Did Dan Have For Pursuing Al With Deadly Force

There has been two shooting of deadly force as I know of in our local department. I live in the city of Humboldt tn.There has been two incident after 2008. A person would not think it would have happen in such a small town, but it has been (Police officers charged in fatal shootings while on duty, 2016).

Often times while attempting to make an arrest, a law enforcement officer will have to use the appropriate use of force to make the arrest. In some instances the appropriate use of force for some officers will be as simple as the

3. Arrest—The officer is not required to use the word ‘arrest’ to initiate an arrest. For an arrest to be considered legal, the following conditions need to exist. First, the officer has to have probable cause, the legal requirement for an arrest. Second, the officer has to deprive the individual of freedom, and lastly, the suspect believes that he or she is now in custody and has lost his or her liberty.

Police have the uncontested right to use force when necessary to apprehend a suspect. If the force exceeds that which is necessary it is defined as excessive force and is illegal. An officer’s discretion on use of force is a based on judgment. They do not know if a judge will later rule an instance of use of force as excessive or not. There is a fine line between what is considered acceptable force and what is considered excessive force. All an

The leading case on use of force is the 1989 Supreme Court decision in Graham v. Connor. In Graham, the plaintiff Graham, a diabetic, asked his friend to drive him to a convenience store to purchase orange juice to counteract the onset of an insulin reaction. Upon entering the store and seeing the number of people ahead of him, Graham hurried out and asked his friend, Berry, to drive him to another friend’s home instead. Defendant, Officer Connor became suspicious after seeing Graham hastily enter and leave the store, followed Berry’s car, and made an investigatory stop ordering the pair to wait while he found out what happened in the store. Berry tried to explain that his friend was having an insulin reaction, but Officer Connor was not convinced. When Connor returned to his patrol car to call for backup, Graham got out of the car, ran around it twice and sat down on the curb, where he passed out.

There has just been a Crime that 2 people named Drake McBride and Jimmy Lee Baylis, who work for the red diamond energy incorporation (RDEC). Drake McBride’s dad gives him 1 last chance to make money or he is not going to help him anymore. Here is what happened. Drake McBride is the leader of the RDEC The Red Diamond energy Corporation wants lots of oil to make their store popular. Drake McBride hears in the Black Vine Swamp there is lots of oil in Section 22 so he hires Jimmy Lee baylis to buy section 21 but the realized that there is no oil in section 21. He wanted section 22 but then finds out that property belonged to the state of Florida.He wasn’t able to get drilling rights in the site because that belonged to the state of Florida and

The use of force is inevitable in police work. In many situations the lives of officers or civilians can be taken by not using force when necessary or using it improperly. Many factors come into play when an officer decides to use force. This includes is the use of force justified, has the officer been properly trained to use force, and will the department be held liable if the force is used improperly?

Use of force is the effort used by a police officer to force compliance of a suspect who is not willing to submit. The basic presumption is that police officers should not use force that is more than necessary to make an arrest or protect themselves and the public from danger. There a several factor to take into consideration in determining if the use of force is necessary. Some of these factors are the location of the encounter and the mental capabilities of the subject. Although there is an established guidelines for officers to determine whether it is necessary to use force and the amount that is appropriate, there are situations

In order to get all of the answers to these questions, we must first define deadly force. According to the Legal Dictionary "Use of deadly force" is often granted to police forces when the person or persons in question are believed to be an immediate danger to people around them. For example,

The witnesses stated that the sacks that Mr. Riff was charged with carrying that contained the money were issued to him at the poker game. Mr. Riff testified he grabbed the hammer to use as a security measure for him in order to protect his winnings. The Defense disputes Mr. Riff tossed the hammer away prior to arriving home and in no way meant to steal from the market. The Defense in this case exercised oral communication by exploiting the redundancy in this case. This was to establish that the eyewitness testimonies for the prosecution were incorrect and imperfection was found during the police investigation.

SUMMARY OF FACTS: Two armed men rob a bank in Alhambra, CA. One of defendant steals money, holds a women teller hostage and shoots at a police officer severely wounding him. The second defendant is offered money by one of the robbers to steal a white automobile as the “getaway car” for the robbery. The police takes the defendants into custody. One of the defendant’s statement was used as evidence.

A possible civil action stemming from the provided scenario would arise as a violation of the suspect’s Fourth Amendment right against unreasonable search and seizure. Most lawsuits of violations of a subject’s Fourth Amendment rights are against unreasonable search, seizure and any use of force is properly analyzed as a seizure (U.S. Code, 1983).

Police obtained a warrant to gain evidence only regarding the grow operation, not the firearms. A tactical team (tact team) was used due to the speculation of firearms. During the search of the home Constable Manning subdued the plaintiff after the plaintiff put a cooking knife he was using down, the constable kneeled on the plaintiff’s back for an unnecessary period of time that presumably caused the plaintiff’s

This use of force matrix utilizes a graded approach whereas an officer will use only the force necessary to exercise and arrest. Law enforcement officers may use that amount of force necessary to effect the lawful purpose intended, provided that no reasonably effective alternative to the use of force appears to exist at the time the force is used. The privilege to use force is not limited to the amount of force necessary to protect themselves or others, but extends to that amount reasonably necessary to enable officers to effect the arrest or otherwise neutralize the resistance of a subject. If a suspect refuses to be arrested the officer will have to utilize a higher level of force dependent upon the suspects actions. For example, if a suspect is resisting arrest, the officer may use a taser or other force methods to arrest the individual. An officer cannot simple resort to higher levels of force without proper justification. Officers must utilize only the force which is necessary and justified. There are times when an armed suspect may prompt an officer to use the highest level of force, deadly force, if he feels him or another person’s life is in jeopardy. The result of not going utilizing his weapon on this use of force scenario could mean death to the officer or the public.

Absolutely Jane can raise the legal defense of duress and necessity. It is based on the universally accepted and acknowledged principle that an individual has the right to protect themselves from harm under appropriate circumstances even in a situation where the act would be considered a crime (Hall, 2014). The elements of this defense include imminent threat, reasonable fear of harm, and a proportional response. Jane met all these elements in her escape from the assailant. In this situation, Jane used the force necessary to protect her own life.