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When can the police use deadly force according law?
When the officer reasonably believes that his (or her) life is in danger.
The supreme court restricted police use of deadly force in?
a landmark decision called Tennessee v. Garner in 1985. The court ruled that the use of deadly force by law enforcement is only justified when there is an immediate threat to the officer's life or the lives of others. This decision established the "objective reasonableness" standard for evaluating the use of deadly force.
Is it legal for an officer to use force against a mentally handicapped teenager?
The current law doesn't specifically prohibit any officer the use of any such force, particularly deadly force, even on a mentally handicapped teenager.
Can you use deadly force to protect your neighbors?
It depends on where you are, but in the United States, generally speaking, you can use deadly force to protect yourself and/or an innocent third party. So, in any situation where deadly force is justified, you can protect anyone that needs to be protected. Law varies slightly from state to state, so there may be subtle differences depending on your location, so you should check your local laws.
When can a homeowner use deadly force?
It depends on the state. A very basic rundown is: in some states, a homeowner can use deadly force once an intruder has entered the dwelling. In some states, a homeowner can use deadly force before the intruder is in the house as long as they suppose a threat and are on the property. In some states, the homeowner cannot use deadly force unless the intruder has a weapon.
What are the two type of force you can use in self defense?
Nondeadly force can be used to repel either a nondeadly attack or a deadly attack. Deadly Force may be used to fend off an attacker who is using deadly force but may not be used to repel an attacker who is not using deadly force.
If someone breaks into your house in the middle of the night can you use deadly force?
It depends on the circumstances and where you are. In Tennessee, yes. Tennessee law states specifically that you can presume a person breaking into your occupied house intends to and has the ability to cause you serious harm. I believe there are 12 or 15 states that have that specific law. In other states, if the intruder does not have a weapon, you cannot use deadly force.
Does Pennsylvania have a stand your ground law?
In 2011 Pennsylvania passed the Castle Doctrine, that includes stand-your-ground rights to any place you have the right to be. There are some exceptions to this law. For example the an individual cannot use deadly force and invoke stand your ground law unless the aggressor produces or shows a deadly weapon. The law was modeled on Florida's SYGL, but LE officials requested the deadly weapon amendment. Which Florida does not have within their SYGL.
Can you shoot trespassers in Delaware?
In Delaware, the use of deadly force is generally only justified in self-defense situations where there is a reasonable belief of an imminent threat of death or serious bodily harm. The Castle Doctrine, which allows the use of deadly force to protect oneself in their home, does not extend to shooting trespassers. It is advisable to contact law enforcement and let them handle trespassing situations.
If you're in a public place and someone threatens you and you have a concealed handgun can you open your jacket and expose part of the handgun to make them back off?
It depends on what you mean by "threatened." Note, the following explanation is very general, and in no way should be considered legal advice or advice on when to use a gun. The use of a gun on another person is considered deadly force, and the implied use of it (by showing it, for instance) can be considered a threat of deadly force. As a generality, you can only use or threaten to use deadly force against someone who is trying to use deadly force against you. If someone has threatened, for example, to punch you in the mouth, and you use, try to use, or threaten to use deadly force, you have, under most circumstances, advanced higher within the force continuum than the other person. Most of the time, that will get you into trouble.
What is operational discretion?
The Departments Policy on the use of deadly force limits an officer .
How will you reform law enforcement?
Oregon has the only law since 2008 that stops police use of unjustified use of deadly physical force. Per FBI records in 2012 Portland Police Bureau at Oregon had 20 murders. The same reports show Chicago The Murder Capitol of The Nation had 500 murders and they have NO law to stop the Police Kill at Will Without due cause. Google: Truly Reforming Law Enforcement attached to Oregon Senate Bill 111 Law Enforcement Use of Deadly Physical Force 2007. Contact us and we will reply in hours on this subject at jmatlansky@gmail.com Make it a terrific day. Jerry Atlansky
