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Two cases on excessive force

bigtoe416

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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/showthread.php?t=206871

The cases Robinson v. Solano County ( http://cases.justia.com/us-court-of-appeals/F3/218/1030/633387/ ) and Hopkins v. Bonvicino ( http://www.ca9.uscourts.gov/datastore/opinions/2009/07/16/07-15102.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
 

N6ATF

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smoking357

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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.
 

Old Timer

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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]
 

CA_Libertarian

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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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