No, it's a felony as soon as it happens. The officers develop probable cause to effect the arrest, which clearly existed here. Legal guilt or innocence will be determined in court beyond a reasonable doubt. That doesn't dictate how officers respond to the situation in front of them because they only need probable cause. Tennessee v. Garner allows officers to use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.SeafoodGuy wrote:It's a felony after proven in a court of law, unless officers can decide a person is guilty on the spot.
No, you just have to show that you had probable cause to believe that the suspect posed a significant threat of death or serious injury to another person. In most cruisers the shotgun and AR are fully loaded and sit right next to the driver. The guy was deranged enough to steal a cruiser so it's not necessary to rely on his good graces to not use them. Having just committed a felony he's fleeing the scene and he is armed with loaded long guns. That's all you need.SeafoodGuy wrote:I'd argue that stealing a marked police cruiser is one thing, but using the firearms inside the vehicle is another. Wouldn't you have to prove that he stole the vehicle with intention of using the firearms on police officers?
Like I said earlier you can be justified in using deadly force but unjustified in how you apply it. That could well be the case here. Our range instructor always reminds everybody that you are 100% accountable for every bullet from the time it's issued to you to the time it's dug out of whatever you shot. You might be 100% justified in using deadly force but because you can't use that force without endangering others you can't.SeafoodGuy wrote:Nonetheless, she was way too far away to even get a good shot at him or the tires. This isn't Hollywood, and she was under intense stress, so I'm going to say that her aim was quite shaky. Because she's going to be known as the one that had her cruiser stolen.