I realize this can be quite controversial. I was very surprised to learn many years ago that police shoot fleeing suspects. But, I have seen this come up over and over again in news reports. Somebody takes off running and instead of chasing on foot, the cop shoots. Back then of course it usually wasn’t caught on video.
What is the position of the courts? How have they ruled on these cases? Does it matter how many shots are fired? Does it matter what type of crime is involved? For example, if the person is suspected of committing a violent crime vs a non-violent? Is public safety a factor? For example not letting a potential violent criminal escape and commit further crimes.
The cop that shot Walter Scott (South Carolina) after a traffic stop has been charged with murder. I’m trying to understand the difference here and the dozens of other cases I’ve heard about over the years. I can recall cases locally where a cop or cops fired at a suspect running away. I’ve always wondered what the court’s position on this is.
Please, lets keep this GQ thread focused on court rulings and established police procedure.
Open another thread if you want to express police support or public outrage about the case.
It’s the Fleeing Felon rule. Cops can shoot a person who is fleeing a felony if the felon presents a threat of serious physical harm to the cops, or bystanders.
I walk into Joe’s Liquors, point a pistol at the cashier, and demand the contents of the register. The cashier refuses. I hit him with the gun, grab some cash, and run. The cops see me fleeing with the gun in my hand. They yell “Freeze! Police!” I take off running. They can shoot me.
That is basically what I recalled too. That the suspect has to be considered a threat to public safety if they evade capture.
I guess where it gets complicated is prior warrants. For example, Traffic stop, the cop runs the person’s name through the computer and the suspect has prior warrants for armed robbery. He takes off running. Is he a threat to public safety? Would he rob a store later if he escapes?
You link explicitly mentions the limits placed on the common law rule in the US due to the Supreme Court decision Friedo referenced. You case doesn’t necessarily meet the standard of that decision without discussion of other factors.
They could… but not JUST for running after a traffic stop It would involve a felony that comes to light or happens after the stop and meets the limits above.
Can convicted prisoners escaping from prison, jail or in transit legally be shot, or would it depend on the nature of the offense they were serving time for?
I"m not familiear with military law, but at a guess, I would say it is different.
A POW is a former combatant, and cannot be shot summarily by his captors, because he has surrendered.
However, a POW who is trying to escape is resuming the role of combatant, as a member of a hostile military, and I could see the argument that is therefore subject to be shot at, just like any other hostile combatant.
Sure it’s way different. As long as the enemy soldier is a combatant you can shoot him. And it’s good tactics to shoot him when he isn’t looking or isn’t expecting it. There are exceptions for wounded, surrendering troops and other noncombatants.