Can you shoot a cop in self defense?

[ZenMode]

Saw this question raised on another forum years ago and was reminded of it today.

Does the guy filming, if he was legally armed, have a right to defend himself from a legitimate threat on his life from this cop?

 

[Walt]

Can you shoot a cop in self defense?

In extreme situations, hypothetically, yes, you can shoot a police officer in self defense. You would need to prove not just the the police officer was acting illegally, but that the police officer was intending to kill you even if you surrendered. The fact that the police officer did not kill the man proves that he was not intending the kill the man even if the man surrendered.

The legal way to handle this is in court.

 

[Controlled Opposition]

Technically yes, realistically no. Odds are against the civilian.

 

[AProudLefty]

Saw this question raised on another forum years ago and was reminded of it today.

Does the guy filming, if he was legally armed, have a right to defend himself from a legitimate threat on his life from this cop?

In this case, it's hard to tell, really.

Your defense lawyer can make a case for reasonable fear for your life.

If it was me and I was in fear for my life, I would have made him incapable but he'd be alive. Just to eliminate the threat.

 

[NiftyNiblick]

The correct answer is to hire sane cops.

Some parts of this nation, unfortunately, and we're mostly talking red states, have almost no people sane enough to be good cops

 

[Controlled Opposition]

In this case, it's hard to tell, really.

Your defense lawyer can make a case for reasonable fear for your life.

If it was me and I was in fear for my life, I would have made him incapable but he'd be alive. Just to eliminate the threat.

Would you use your childhood Judo lessons to subdue him? Or would you wing him?

 

[RB 60]

Despite pulling his gun, I'd say no because he never pointed it at the "photographer."
That said, with the growing issues of a few cops who overreact and pull (and sometimes
fire) when the situation can be handled without pulling a gun, coupled with the fear of
having a gun pointed at an unarmed individual and threatened being fired upon, that
could be a defense. All too often the courts will side with the officer, especially the local
JP, sending it to trial.
Me? I'd tell him to put that thing away before he hurts himself or others.

 

[AProudLefty]

Would you use your childhood Judo lessons to subdue him? Or would you wing him?

Are you a child?

 

[Gondwanaland]

Saw this question raised on another forum years ago and was reminded of it today.

Does the guy filming, if he was legally armed, have a right to defend himself from a legitimate threat on his life from this cop?

I mean you can. You just might get locked up the rest of your life. Whereas if he shoots you, he'll likely get a slap on the wrist even if he was completely wrong in doing so.

 

[SmarterthanYou]

Does the guy filming, if he was legally armed, have a right to defend himself from a legitimate threat on his life from this cop?

As has been almost constantly proven through the court systems in this country, NO, you do not have a RIGHT to shoot a government agent. You CAN defend yourself, IF NECESSARY, but unlike the justice system reserved for civilians where a prosecutor must PROVE that you were not in danger when you exercised your right to defend yourself against another civilian, in the event of shooting a cop you MUST prove that your life was in immediate danger of serious bodily injury or death.

A very sad state of affairs in a country where government is supposed to be LIMITED so citizens can exercise their rights freely.

Too many retards in this country, both left AND right leaning, tend to lend all credence to government and NO credence to civilians....

https://freedominourtime.blogspot.com/2011/12/right-to-resist-will-michigan-repeal.html

Until recently, the only people expected to make that demand of their innocent victims were rapists and police officers. Fortunately, women are no longer expected to submit to sexual assault, but rather to fight back by whatever means are available – unless the assailant is one of the State’s costumed enforcers, in which case resisting sexual assault would be a felony.

This admission was pried from Gregory J. Babbitt, assistant prosecuting attorney for Michigan’s Ottawa County, during the October 4 oral argument before the state supreme court in the case of People v. Moreno. At issue in that case is the question of whether a citizen has a legally protected right to resist an unlawful search or unjustified arrest by a police officer.

In a colloquy with Babbitt, associate justice Michael Cavanaugh described a scenario in which a woman in police custody was sexually assaulted during a body search. In that situation, Cavanaugh inquired, could the victim be charged under the State’s “resisting and obstructing” statute?

“Technically, you could do that,” Babbitt grudgingly replied, while insisting that “as a prosecutor, I wouldn’t do that.” Rather than putting up physical resistance and thereby risking criminal prosecution, the victim should simply endure the assault and then file a civil complaint after the fact. That approach, of course, would most likely result in a settlement that protects the offender at the expense of the local tax victim population.*

If citizens have no right to resist illegal violations of their property and persons by the police, “What is left of the Fourth Amendment?” one of the judges asked Babbitt.*
“Well, life isn’t perfect,” Babbitt replied with a shrug – which to people of his ilk means that in any conflict between individual liberty and institutionalized power, it is the former that must yield. Otherwise, mere Mundanes “will be able to make the determination as to whether the police officers [are] acting properly or not,” he said, his voice freighted with horror over the prospect. “We can’t have individuals ... making that decision in the heat of the moment.”

 

[ZenMode]

In extreme situations, hypothetically, yes, you can shoot a police officer in self defense. You would need to prove not just the the police officer was acting illegally, but that the police officer was intending to kill you even if you surrendered. The fact that the police officer did not kill the man proves that he was not intending the kill the man even if the man surrendered.

The legal way to handle this is in court.

Let's put it this way, if a cop was standing in public, not doing anything out of the ordinary, and a citizen got out of his car and approached the cop while unholstering a gun, do you think the cop would see that as a threat on his life, regardless of whether or not the guy actually intended to fire?

 

[Walt]

Among the maga crowd there is a desperation to find a legal excuse for murder.

Traditionally, self defense was when there was no other option. There was an obligation to retreat. This all meant that true self defense was not a legal argument come up with afterwards, but something you had to do to survive. Even if you were guilty of a crime, it was better to go to prison alive than to die in the street.

I am just saying, this guy walked away in good shape.

 

[Lightbringer]

Saw this question raised on another forum years ago and was reminded of it today.

Does the guy filming, if he was legally armed, have a right to defend himself from a legitimate threat on his life from this cop?

Good question. This is why I'm a huge fan of cameras. I have them in my home. I have them in my vehicles. I even have some I can wear. And I have my phone with me.

The reason I do this is because if shit happens and it's my word against a cops word I'll probably lose that battle, that's why I love video.

 

[goat]

In extreme situations, hypothetically, yes, you can shoot a police officer in self defense. You would need to prove not just the the police officer was acting illegally, but that the police officer was intending to kill you even if you surrendered. The fact that the police officer did not kill the man proves that he was not intending the kill the man even if the man surrendered.

The legal way to handle this is in court.

Cops don't get to pull their gun on citizens who refuse to follow illegal orders. That cop needs some unpaid leave, a demotion in rank, and mandatory retraining. Cops intimidating citizens with a gun is a lot more common than you think. The homeowner was wise to stand his ground and give the cop a chance to drive away.

 

[RB 60]

Let's put it this way, if a cop was standing in public, not doing anything out of the ordinary, and a citizen got out of his car and approached the cop while unholstering a gun, do you think the cop would see that as a threat on his life, regardless of whether or not the guy actually intended to fire?

Unholstering a gun doesn't always presume a threat.
That said, considering your scenario as stated, the cop could unholster his gun quickly (they have "quick release" holsters) and be ready to fire if the citizen raised his gun and pointed it at the cop. In that case, the cop has every reason to fire.

 

[goat]

The correct answer is to hire sane cops.

Some parts of this nation, unfortunately, and we're mostly talking red states, have almost no people sane enough to be good cops

Rohnert Park is 50 miles north of the Gate. It's a good area to live and cops know better than to try to bully people.

 

[RB 60]

Among the maga crowd there is a desperation to find a legal excuse for murder.

Traditionally, self defense was when there was no other option. There was an obligation to retreat. This all meant that true self defense was not a legal argument come up with afterwards, but something you had to do to survive. Even if you were guilty of a crime, it was better to go to prison alive than to die in the street.

I am just saying, this guy walked away in good shape.

Walt, why are you such an idiot? Who is desperate to find a legal excuse for murder?
Self defense is a whole different argument

 

[RB 60]

The correct answer is to hire sane cops.

Some parts of this nation, unfortunately, and we're mostly talking red states, have almost no people sane enough to be good cops

Is that why most blue cities have such high crime rates?

 

[goat]

Back in 1995, I saw a job ad that said: Design/Engineer in wine country, 50 miles north of the Gate. This is what I saw entering city limits.

 

[Walt]

Cops don't get to pull their gun on citizens who refuse to follow illegal orders.

I doubt many courts would find telling a person to remove their hands from their pockets to be an illegal order.

That cop needs some unpaid leave, a demotion in rank, and mandatory retraining. Cops intimidating citizens with a gun is a lot more common than you think. The homeowner was wise to stand his ground and give the cop a chance to drive away.

I agree that police officer was doing a terrible job. I question the wisdom of "standing his ground" against the police officer. And looking for a legal way to kill police officers is not a good idea.