YOU ASKED... WE ANSWERED! --DEADLY FORCE-- **IN HONOR OF MICHAEL BROWN** Michael Brown, 18, was a graduate of Normandy High School Class of 2014, he was scheduled to begin at Vatterott College tomorrow. On Saturday afternoon 8/9/14 Michael was stopped by a police officer while walking on a residential street with a friend. Michael was shot several times and killed by a police officer while unarmed and attempting to flee the officer. The police were met with an angry MOB after the shooting, however police were able to diffuse the situation without additional injuries. St Louis County is conducting an investigation into the shooting, the St Louis NAACP chapter has requested that the FBI be consulted, and numerous protests and vigils have been scheduled by the community. God bless Michaels family, his friends and his community as they struggle to find peace and resist heated emotion in the wake of a violent tragedy. IN MO WHEN CAN AN OFFICER USE DEADLY FORCE TO MAKE AN ARREST AND WHEN IS FORCE EXCESSIVE?? ORIGIN OF THE POWER OF FORCE: An arrest is a seizure of a person, the 4th amendment protects citizens against unreasonable seizures. Officers are specifically granted power to use REASONABLE force in an arrest or lawful seizure of a citizen by MO law RSMo 563.046. EXCESSIVE FORCE CLAIMS: Excessive force during an arrest or other seizure of a citizen is judged from the perspective of a reasonable police officer in the same or similar circumstances. Factors considered will be severity of alleged crime, the level of threat posed by the suspect, and whether the suspect resisted or attempted to flee (Abbott v. City of Crocker, 30 F3d 994, 8th Cir. 1994). DEADLY FORCE MO LAWS: DEADLY FORCE by officers generally can only be used in specific circumstances per MO law RSMo 463.046: When he reasonably believes that such use of DEADLY FORCE IS IMMEDIATELY NECESSARY to effect the arrest AND also reasonably believes that the person to be arrested: (a) Has committed or attempted to commit a FELONY; or (b) Is attempting to ESCAPE BY USE OF A DEADLY WEAPON; or (c) May otherwise ENDANGER LIFE or inflict SERIOUS PHYSICAL INJURY unless arrested without delay. COURT INTERPRETATION OF DEADLY FORCE: Courts have interpreted the law to mean that essentially an officer may constitutionally use deadly force if the officer has probable cause to believe the suspect poses a threat of serious bodily harm to the officer or others. (Tenn. v. Garner, 471 U.S. 1, 1985). Call (314) 644-7102 or (844) THE-STOP Toll Free for help with DWI/DUI, Traffic Tickets, MIP, Warrants, Possession, License Suspension & Reinstatement, No Insurance, Misdemeanors TrafficLawStop Casey Coats, Attorney Traffic Law Stop Full Articles: stltoday/news/local/crime-and-courts/anger-confrontation-after-fatal-shooting-of-teen-by-ferguson-police/article_04e3885b-4131-5e49-b784-33cd3acbe7f1.html huffingtonpost/2014/08/09/ferguson-teen-police-shooting_n_5665305.html nydailynews/news/national/18-year-old-shot-dead-missouri-witnesses-article-1.1898333
Posted on: Sun, 10 Aug 2014 21:53:51 +0000
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