Do cops legally have any self-defense (or offense) rights that civilians don't have?
For example, if Drejka had been a cop and everything had unfolded exactly the same way, would he have gotten away with it just because of his profession?
Do cops legally have any self-defense (or offense) rights that civilians don't have?
For example, if Drejka had been a cop and everything had unfolded exactly the same way, would he have gotten away with it just because of his profession?
Other urls found in this thread:
latimes.com
redlandsdailyfacts.com
mises.org
twitter.com
As written specifically into law? Usually not. When it comes to how the law is applied by courts? Absolutely.
Yes. Almost no question about it. Why? Let's take a look at a few off-duty cop shootings, and what happened in them.
latimes.com
An off-duty cop got off for firing a warning shot at a group of kids, because “police officers have the right and duty to protect themselves and the public when they come under attack.”.
redlandsdailyfacts.com
Here, an off-duty cop is accused of shooting a mentally disabled man to death, along with wounding his parents. The LAPD marched up into the Costco, seized the video evidence, and sealed it for a year. Did they grant Drejka that special treatment?
They have the entire law on their side to obscure/seal evidence and neglect to press charges, and have a nearly universal CCW permit along with their usual justification of deadly force upon the subjective circumstance of "reasonable fear" for their life or the lives of others. No question about it.
Has anyone tried using the 14 Amendment Equal Protection clause as a defense in a self-defense shooting? Basically saying, "you'd acquit me if I was a cop"?
See graham v connor and Tennessee v garner. Objective and reasonable. Don't believe everything the media shows you and understand that there's case law covering this stuff.
Cops can literally and I mean literally shoot your dog, rape your sister, steal your money, kill you on video and at most get out on admin leave and then rehired in another county. Cops can do anything they want. It's not about race or even social caste. Cops in America are out of control and there's nothing anyone can do about it.
>another anti-cop Jow Forums thread for people to vent about their issues with authority
>inb4 hurrrr bootlicker
GRUG WANT DO WHAT GRUG WANT DO. U NOT GRUG CHIEFTAIN
See
You're fucking stupid bud, cops step into legal hot water all the time. Just because a few cops walk away with a slap on the hand doesn't mean all cops have free reign, if they did you'd live in a much different world.
Tennessee v. Garner, 471 U.S. 1 (1985),[2]is acivil casein which theSupreme Court of the United Statesheld that, under theFourth Amendment, when alaw enforcement officeris pursuing a fleeing suspect, the officer may not usedeadly forceto prevent escape unless "the officer hasprobable causeto believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." It was found that use of deadly force to prevent escape is an unreasonable seizure under the Fourth Amendment, in the absence of probable cause that the fleeing suspect posed a physical danger. Tennessee v Garner established that lethal force could pnly be used in three conditions. 1 the subject is a known dangerous threat, 2 the subject poses a deadly threat to the officer or fellow officers, 3 the subject poses a deadly theat to the populace. Deadly threat is a threat that can cause serious bodily harm, disfigurement or death.
Graham v. Connor, 490 U.S. 386 (1989), was aUnited States Supreme Courtcase where the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person. Thee objective reasonableness staaaasndard is a two pronged test. 1was the application of force objective and reasonable, 2 was the level of force objective and reasonable. Reasonable is taken to mean that any officer with the same experience and training would make the same decision.
Watch the anti cop retards disappear when faced with legal precedents regarding use of force by law enforcement. Guess what retards, law enforcement has been around a long time and there's been a lot of legal establishment regarding everything they do. Maybe before you claim cops are all boogie men there to take muh guns you could educate yourself on our legal system?
Wasted effort. If this thread stays alive, people will be completely ignoring this and brainlessly expressing their quite fucking literally unconditional agreement with OP.
if Bob is talking to John and John reaches for his waistband and Bob guns John down, Bob is looking at life in prison.
if Officer Bob is talking to John and John reaches for his waistband and Officer Bob guns John down, Officer Bob is looking at administrative leave.
Say it ain't so, faggots
shut up you gun grabbing fuck
It aint so, officer bob will give a command "LET ME SEE YOUR HANDS" if John does not comply officer John is going to put hands on him. Most cops go their whole careers without getting into a shooting, however they get physical all the time. Most cops won't go a shift without putting hands on other people
No, do you understand that the courts have dealt with use of force by law enforcement since the courts have been around. Use of force by LE's is nothing new and we're going through another cycle where LE's are demonized and scrutinuzed but just like it's always been the cycle will turn eventually (I'm betting a decade) and LE's will be appreciated and given more freedom. It's always been like this LE's do job, some people don't like how they do job, courts change how LE's must do job, crime flourishes, people cry out for LE's, the courts loosen up on LE's. We have history to look back on and see how these things go and we have codified laws including case law (your legal precedents) to show us how things are supposed to work. Believe it or not the law does not give LE's blanket authority to take life, because it is deemed a violation of one's rights (specifically the 4th amendment by seizing ones life)
If that's how you really think that's how it would go down I strongly urge you to go for a ride along and talk to a cop about use of force. They'll tell you everything you want to know about that situation.
Maybe in a 500 person town in Wyoming where the most recent murder was a century ago, but go to St. Louis, start telling the nearest police officer about how the ATF is unconstitutional and should be abolished in a mildly aggravated tone, then suddenly reach for your waistband and report back. Bootlicking fuck
>I'll call him a bootlicker that'll show him!!
>over 850,000 sworn officers in USA
>a few doing a bad job shows that all cops are trigger happy maniacs
Whew, do you have to conciously think about breathing or you'll asphyxiate?
>reaching for a waistband
>a direct show of aggresion towards a cop
>not expecting to get your world rocked
It's one thing to instinctively stick hands in pockets but reaching in a waist band is an obvious tell. Cops deal with all sorts of peoplr every day and many of these people will stick their hands in their pockets abd not get shot. However if you're stupid enough to act like a disturbed individual then make an obvious threat to the cop you're obviously going to get your world rocked and rightfully so. Why should a cop wait until a gun is pointed at him to shoot? Seriously there aren't that many cops, if they walk into bullets like you want, there won't be many left at all.
I get it now, this is either bait or you're just plain stupid.
To all the people defending pigs, why do you like licking boots?
ACAB, ONLY GOOD COP IS A DEAD COP. Communities should police themselves then we would'nt have niggers abd beaners commiting crimes because we'd just shoot them.
Nowhere did I say that all cops are trigger happy maniacs, nor do I believe that, you strawmanning smoothbrain
Some cops are though, and that's a problem, because every time a cop gets away with murder, it sets a precedent and erodes more of our rights away.
Bootlicker!!!!!!
Cops are literal execution squads rolling through our streets killing anyone who can think for themself fuck pigs!
Try again faggot, I didn't say I want cops to walk into bullets. I want the law to apply equally to civilians and cops. Apply the same standards to determine if a self-defense killing is lawful regardless of whether it is perpetrated by a civilian or a cop
It does not set a precedent, the precedents are already set by existing case law that we use to judge most every use of force. Anytime a cop fucks up you've got plenty of attorneys chomping at the bit to make big money that the county/state pays for.
But you can't, normal citizens don't have the same agency and they don't have the same obligations. Cops have a duty to act, this guides everything from life saving actions to use if force. They must be treated differently by the law because THEY ARE different.
Fuck you bootlicker!!!!!!
>It does not set a precedent
yes it does, each new case provides a new item of case law
>the county/state pays for
that's in civil court, and it's a disgrace, because the cop should get sued and bankrupted personally for an unlawful killing, not bailed out by taxpayer money
> Cops have a duty to act
HAHAHAHHAHA you really haven't heard, have you?
mises.org
Case law is set by the supreme court, every trial is not case law.
Wouldn't you be surprised that most cops often lose their jobs after being such a liability to their agency? Cops already make shit salaries and they're now notorious with a target on their back this is all if they don't go to prison (very likely)
>duty to protect you
Same as
>duty to act
There's that room temp IQ again
Show me examples of cops going to prison in the last 5 years
Because we all know of several instances where they outright murdered people if judged the standards for the rest of us
I understand your sentiment, however you can't take actions and set rules that will hinder the future actions of the majority of law enforcement becauseva few made bad calls. These decisions happen under extreme stress and with very little time to make a decision. It's only natural that out of the hundreds of thousands of sworn officers that some will inevitably make bad calls, but by establishing that LEO's are not protected by their agencies then you only discourage future action by LE
Just think about the dumpster defenders
If a guy freaked out and hucked a bat at a cops head and he shot him in the face what would happen.
>Case law is set by the supreme court
Nope, you're wrong, any trial can be cited in the jurisdiction where it was held to create a "binding precedent". If no previous rulings exist in your jurisdiction, a precedent from a different jurisdiction can be cited, but in that case it is not binding but rather "persuasive authority". The supreme court creates case law applicable in all jurisdictions
>most cops lose their jobs
I call bullshit. Sauce?
Duty to act is meaningless.
They may have a "duty" to file a police report in the sense that they'll get a red mark in their annual report if they don't. But they are not constitutionally required to do jack shit
Daniel Holtzclaw, Jason VanDyke, Michael Slager
This is just a few, I just read my local news about a deputy that had been planting evidence and got sentenced to serious federal time. If a cop is involved in a consensual stop and even touches you he violates your civil rights and can spend 10 years in prison. Educate yourself in the law before you believe controversy. There are people that want you outraged when you aren't even educated on the subject.
Good, let them be discouraged. Repeal all gun regulations and let people walk around in full battle rattle and be in charge of their own defense
That wouldn't happen either, less than half the country owns guns. The majority would never stomach seeing people taking responsibility for their own well being and cry out to politicians to out a leash on it. I understand where you're coming from and I'd love to agree with you but because of mans fallen nature and cowardly disposition (not dogging you, but most people are push overs) cops are a necessity. Now once you have a community of competent, responsible individuals who understand how a community is supppsed to work I'll be all for disbanding LEO's but we just aren't there.
Just a reminder: play stupid games win stupid prizes. Don't start shit strapped.
I see your point, and I agree. Necessary evil for now, I guess. And I know 95% of cops are good people who want to do good, same as with the general population. Sometimes it's just a few bad apples that spoil the bushel
It's been a good discussion user, thanks.
You too, cheers.
Thanks for the perspective.
>and there's nothing anyone can do about it
>Daniel Holtzclaw, Jason VanDyke, Michael Slager
I was unaware of the convictions in those cases, when I stopped following the last two both officers had been out scott free and I'd never heard of the first one.
I stand corrected, thanks.
Although, there is still a double standard, a cop can shoot someone and it would be considered justified while any private citizen would be convicted in the same circumstance.
You aren't going to believe this, but I knew a cop who once went to a hospital and forced the staff at gunpoint to allow him into the nursery. He then systematically smothered very newborn baby to death, "Just for fun". It was horrible, but he got off scott free, merely by showing the judge his badge and saying "I am the law". Cops are out of control, man.
This explains why european countries have such dramatically higher crime rates along with their much stricter standards for police.
Do you have a single fact to back that up? Last I checked, America has the worst crime rates outside of South Africa.
Police are civilians. You'd know that if you weren't Russian.
I don't get it you are pro cop you are pol
You are anti cop you are pol
It was sarcasm, user. Do I need to put an /s on my shit like it's reddit? Fucking autist.
taxpayer pays for.
FTFY
imagine defending cops, the people who will be the first to kick your door and shoot you if the wrong candidate win the election, they'll be just doing their job
it doesn't matter how much you support them online, how many thin blue line stickers you have in your car the police is not on your side
>Police are civilians
they sure seem to think otherwise
I filmed a cop in a cop car drunk driving down the highway. He even ran me off the road.
I uploaded the film and mailed it to the PD HR Dept. The quality was so good that I had the license plate. The PD publishes internal investigations.
He didn't get one, but somehow I have a tax audit.
Fuck every form of government.
>shooting a mentally disabled man to death
>99% of officer involved shootings are bad shoots
>uses one of the 1% good shoots as an example
>a few doing a bad job
That's inevitable. The problem is that they're systematically protected.
Yes, but opposite the way you think. It's literally a cop's job to take extreme personal risk to bring criminals into a courtroom alive.
See
I can't roll up on someone being in a certain place at a certain time of night and draw down on them pre-emptively. Cops do all the time.
Cops who can't handle stress shouldn't be cops. Continue with this bullshit and we'll start defunding entire departments.
This isn't about stress, but making decisions while impaired by stress. Believe it or not cops are human and humans have impaired decision making under stress especially with a time limit and fine motor skill failure, often times police involved in a shooting experience tunnel vision, auditory exclusion and imparied frontal cortex processing. By making it to where cops are not protected by their agency you disincentivize action because "if I shoot I'm going to prison" this would result in more officer/general populace deaths and bolder criminals.
Gotta love how the law prescribes objectivity, but in practice reasonableness is determined subjectively by the persons of authority (cops and their employers).
user, that boat sailed along time ago. Cops and other government agents are persons of privilege in the eyes of the law, has been that way for decades.