Suppose I am being chased by some evil guys, and the FBI were called in to assist in the chase. The FBI doesn’t know that the guys chasing me are evil; as far as they know, I am a terrorist or something.
The FBI agents give chase, and I’m on the lam in the woods or in the warehouse. I know that FBI agents are authorized to fire on me if I’m running, I can’t tell the difference between the agents and the bad guys, and I’m trying to escape so I can defuse the bomb the head baddie has affixed to my tied up grandparents and dog.
If I am fired upon by FBI agent, return fire and hit him/her, can I justifiably claim self-defense? Even if I knew the agent was an agent? After all, him/her or me.
Would the fact that the FBI was operating under false information mitigate my punishment at all?
If a crooked cop was firing at me (without provocation) while on duty, could I claim self-defense?
Or is it always a crime to disobey the orders of law enforcement, let alone fire on em?
jb
We had a case in the UK where a police office was killed whilst on surviellance work.
Kenneth Noye was being watched in the aftermath of the Brinks-Matt gold bullion robbery as he was an extremely likely suspect.
Noye noticed a prowler and a fight ensued, the prowler was stabbed and died, this was a police officer on Noye’s property.
Noye was charged with murder but was found not guilty by justifying his action on him bein terrified of a murder attempt.
The fear of being murdered, given Noye’s criminal background in very serious organised crime, is I guess realistic but Noye himself is a very calm person and is believed to have been in this position before and maybe to have ordered the murder of those who have crossed him.
He is currently in prison serving life for a murder in the aftermath of some traffic incident.One of those who was the main witness against him and a very high profile criminal himself was shot dead only six months ago.There is believed to be a connection between his murder and Noye.
First of all, who are the bad guys? They would have to be bad guys who were operating as good guys in order for them to have the power or authority to request FBI backup and assistance anyway. In other words, the bad guys would have to be legitimate law enforcement people (gone bad, of course) in order to enlist the services of the FBI. That lends itself to the answer that yes, you would be in the wrong because all the people chasing you would be legal law enforcers and it is their duty to stop you.
no, like I’m the owner of a huge for-profit power plant opening up in the Tri-State Area. I have done various and sundry evil things, and pissed off some vigilante who I hired as an executive or security consultant. He has found out my evil plans for world domination/ of the shoddy construction of said power plant/ I suffered a psychotic break five years ago and plan to irradiate the Tri-State Area in a twisted revenge fantasy.
I tell the FBI I got some kinda eco-nut terrorist on my ass and bring 'em in to help deal with the dude. Gunfire soon is traded in the dark and steamy turbine room. Dude pops a cap in the ass of Agent Starling.
Police officers cannot fire on a fleeing suspect unless he is armed or otherwise poses an imminent threat to public safety. So saieth the U.S. Supreme Court. Merely running away from the cops, without more (e.g., they’re after you for killing someone), ain’t gonna cut it.
Nope. I could very well be wrong, but I am under the impression that this only applies to police officers. Weel, not just to police officers, but definitely not to FBI agents, who must do the following if you are running:
shout: “Stop! FBI!”
if you do not stop running, they can shoot you.
jb
Wrong. The Fourth Amendment prohibits the use of deadly force to prevent the escape of a suspected felon 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 the officer or others. Tennessee v. Garner, 471 U.S. 1, 11-12 (1985).
And yes, FBI agents are subject to the Fourth Amendment.
okay, then what if I was in a shootout with the FBI Agent and the head bad guy (started, of course, by the head bad guy), and I stand up and fire, and shoot the agent.
anybody? forget the whole Steven Segal scenario shit I offered earlier. Would one face charges if one fired upon an officer of the law, in self-defense? Assuming of course that one was innocent of the origianal suspicion, and that this wasn’t a “Stop, Police! put down your weapon and get down on the ground!” pop
jb