Question

After a lengthy pursuit involving one assailant and 2 Troopers, the assailants vehicle had been disabled, the assailant decides to flee from the troopers on foot and was seen with a shotgun on his back, and a pistol on his side. The senior trooper on scene fired upon the assailant incapacitating him because he felt there was probable cause that the suspect presented a serious threat of injury or death to officers or others. What popular case law could apply in defense of the officer in this situation?

Answer 1

Answer:

I would think that only if they are pointing the guns at the officers or other individuals.

Explanation:

I found this on the internet though.  Hope it helps some.

https://www.pbs.org/newshour/nation/can-police-use-lethal-force-fleeing-suspect

Can police officers shoot at fleeing individuals?

Only in very narrow circumstances. A seminal 1985 Supreme Court case, Tennessee vs. Garner, held that the police may not shoot at a fleeing person unless the officer reasonably believes that the individual poses a significant physical danger to the officer or others in the community. That means officers are expected to take other, less-deadly action during a foot or car pursuit unless the person being chased is seen as an immediate safety risk.

In other words, a police officer who fires at a fleeing man who a moment earlier murdered a convenience store clerk may have reasonable grounds to argue that the shooting was justified. But if that same robber never fired his own weapon, the officer would likely have a much harder argument.

“You don’t shoot fleeing felons. You apprehend them unless there are exigent circumstances — emergencies — that require urgent police action to safeguard the community as a whole,” said Greg Gilbertson, a police practices expert and criminal justice professor at Centralia College in Washington state.