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Thread: Two cases on excessive force

  1. #1
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Interesting discussion over at calguns regarding police drawing weapons on a person, and whether or not it is considered excessive force.

    http://www.calguns.net/calgunforum/s...d.php?t=206871

    The cases Robinson v. Solano County ( http://cases.justia.com/us-court-of-...8/1030/633387/ ) and Hopkins v. Bonvicino ( http://www.ca9.uscourts.gov/datastor...6/07-15102.pdf ) look like they might have some good tidbits of case law when an officer draws his firearm on an UOCer.

    ETA: fixed the links

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    bigtoe416 wrote: Working link for those interested:

    http://cases.justia.com/us-court-of-...8/1030/633387/
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    CA_Libertarian wrote:
    bigtoe416 wrote: Working link for those interested:

    http://cases.justia.com/us-court-of-...8/1030/633387/
    Robinson was reversed and remanded for a new trial... then what happened? Did he win and were the officers punished for excessive force?

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    Regular Member stuckinchico's Avatar
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    Oh my if there is ever a god please please please please im tired of newbies drawing on me

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    stuckinchico wrote:
    Oh my¬* if there is ever a god¬*¬* please please please please¬* im tired of newbies drawing on me
    ... WTF?

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    Regular Member stuckinchico's Avatar
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    I get drawn down on at least 4 everytime atleast 3 have booger fingers on boom switch im close to wearing my tac bullet proof vest


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    bigtoe416 wrote:
    Interesting discussion over at calguns regarding police drawing weapons on a person, and whether or not it is considered excessive force.
    A cop drawing a gun should be considered attempted murder.

    Cops shouldn't even have guns, but if they are allowed to keep them, It should be a felony for a cop to draw a gun without being confronted with immediate lethal force.

    A cop must not be allowed to act preemptively.

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    smoking357 wrote:
    A cop drawing a gun should be considered attempted murder.
    I respectfully disagree. A police officer drawing a gun and not pointing at anyone should be viewed as a PC417 (brandishing)violation, at worst.

    If he points the gun at anyone without justification (in fear for his life or the life of another) he should be charged with a violation of PC245 (assult with a deadly weapon), under color of authority.[/quote]

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    If he's in CA, at least.

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    N6ATF wrote:
    If he's in CA, at least.
    Yes, that goes without saying. Especially in a forum entitled > Stories From The States > California > !


  11. #11
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    smoking357 wrote:
    bigtoe416 wrote:
    Interesting discussion over at calguns regarding police drawing weapons on a person, and whether or not it is considered excessive force.
    A cop drawing a gun should be considered attempted murder.
    This is the stupidest thing I've read all day.

    (though to be fair I haven't read much today...)
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