Did the ICE officer create his own jeopardy standing in front of the vehicle? Legality and reasonableness are the basic standards by which we evaluate police use of force. Use of force must comply with Constitutional requirements and court rulings. For example one ruling for police use of deadly force is Tennessee v. Garner (1985), where deadly force should not be used against a fleeing, unarmed suspect unless they pose a significant threat of serious physical harm. Legally the police may use deadly force, but it must be reasonable, that is, proportional to the active resistance being used against them. Legally just because one can shoot, should they? Is justice served? Some argue an officerâs use of deadly force shouldnât be reduced to the moment the shot is fired but the totality of the situation. This is where policy and training are important. Most agencies recognize this based on successful lawsuits against them. Federal agencies (like DHS) have internal policies warning against officer created jeopardy for good reason.
Richard Harper
Northeast side
Disclaimer: As submitted to the Arizona Daily Star.
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