Milwaukee Off-Duty Cop Shooting

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http://www.jsonline.com/news/milwaukee/63849692.html

83rd and Concordia is in a school zone, seeing as he was not on duty will he be charged with violating the school zone restriction????

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Was the robbery suspect armed?

You can't use lethal force to defend property - no "Castle Doctrine" in Wisconsin.

Add that on top of the school zone violation. As the officer was dragged,I doubt he was on private property the whole time.

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Assuming the LEO did have his badge, would he have been acting in his official capacity?

948.605(2)(b)


[align=left]6. By a law enforcement officer or state−certified commission warden acting in his or her official capacity; or[/align]

Click to expand...

Do you think that the LEO had a beer or two that night after work? Ifin his official capacity, can an LEO consume alcohol? If not, he's a felon if he drank that night and then discharged a firearm in a school zone (Class G felony). This all assumes that he was in a school zone.

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939.49(1)(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person's property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property.


emphasis mine

In this case more than the sole purpose of defense of property was involved. While being dragged by the car the officer was in imminent danger of being severly harmed or worse andtherefore had privlege of defense. My opinion, IANL

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I am a police officer, but not for MPD. It is my understanding that City of Milwaukee officers have the privilege under department policy to put themselves on-duty if need be. I've been told this by many officers. I'm sure I'll be corrected if this is wrong.

Also, Federal law H.R. 218 trumps the state school zone law. But only for CCW, not open carry.