Tag Archives: Police Shooting

Excessive Use of Force and “Fair Warning” – Part 2.

11 Saturday Apr 2015

Posted by in Civil Rights, Excessive Force

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Fair Warning, Take 2: When Is It Feasible to Give Some Warning Before Using Lethal Force Against a Suspect?, by Colin Miller, Evidence Prof  Blog

http://tinyurl.com/kv5gxu8

I’ve gotten some good feedback and questions in response to my post [April 10, 2015] yesterday regarding the shooting of Walter Scott. The point of that post was to note that, even if it was otherwise reasonable for the officer to shoot Scott, this use of lethal force was still unreasonable if (1) the officer failed to give a warning prior to shooting; and (2) such a warning was feasible. The main question I have gotten is: When is such a warning not feasible? . . . .

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Excessive Use of Force And “Fair Warning.”

11 Saturday Apr 2015

Posted by in Civil Rights, Excessive Force

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Fair Warning: Why the Officer Who Shot Walter Scott Likely Had to Give Some Warning Before Shooting, by Colin Miller, EvidenceProf Blog

http://tinyurl.com/mcpn6xm

I’ve been asked a lot today [April 9, 2015] about the shooting of Walter Scott. The topic that always comes up is the so-called ‘fleeing felon’ rule. Here is the thumbnail explanation of this rule by the Supreme Court in Tennessee v. Garner:

This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not be used unless it is necessary to prevent the escape and 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.

Obviously, anyone watching the video of the shooting likely has serious doubts about whether such probable cause could have existed. Even if those doubts could be quelled, however, there is a second problem for the police officer who shot Scott….

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