The officer ordered both from the car and called for assistance. The friend informed the officer that Graham was suffering from "sugar reaction". The officer pulled Graham and his friend over a ½ mile away from the location for an investigative stop. A police officer had seen Graham left the store quickly and aroused his suspicions. He left the store a hurriedly got into the friend's car and the left. Once there it was apparent the line was long and he would have to go elsewhere. The facts of the case were that Graham was a diabetic who realized he was on the brink on an insulin reaction. In 1985 the United States Supreme court gave us the tools needed to be within the scope of the law in Graham v.
However, we were still at a loss in as far as gauging every day use of force complaints.
Garner was the standard for justifying deadly force. We must reinforce the Garner decision to the troops. Was it proper to shoot a 16 year old fleeing a burglary? Let them think on it. Then follow up by asking the hard question. They need to understand the Garner decision. Was the officer or, third party in imminent threat of death or serious injury when deadly force was used? Also, if the offender was fleeing did the officer have probable cause to believe the offender had been involved in a violent felony involving the infliction or threatened infliction of serious bodily harm or death? All police officers should know and read the Garner decision. There were provisions that must be taken into consideration. Tennessee the United States Supreme set guidelines of how to judge the use of deadly force. However is this the answer we should hear? Is this the answer we get? Is this the answer we want to hear? 22 pistol 3 inches from a 3rd party or, your head. Jeopardy, is jeopardy there is the officer or, 3rd party in hazard or risk of exposure to loss, harm, death or, injury.Ī simple example would be he has a. What if the range were 100 yards? Something officers would have to justify. 22 caliber pistol at 10 yards would have a significant opportunity to kill or inflict serious bodily harm. Do they have the opportunity to kill or inflict serious bodily injury? A man standing in an open field with a. Ability, does the offender have the means to kill you? This could include hands, sharp object, a 2X4 board. When I ask new recruits to justify a shooting scenario they always come back with ability, opportunity, and jeopardy.
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