Link to story.
Thanks for the heads up Ed.
Rules don't apply to cops..just ask them.
If a private citizen whether carrying openly or concealed was faced with the same situation and took the same action, the private citizen would more than likely be arrested!
Off-duty San Diego police officer shoots suspect trying to steal his motorcycle
December 23, 2010 | 7:42 am
An off-duty San Diego police officer shot one of two men Wednesday night who were trying to steal the officer's motorcycle from his apartment in the Nestor neighborhood, police said Thursday.
The published San Diego Sheriff's Documents for CCW Training clearly state:
4. Laws/Rules of Carry/Use
a. Penal Code Sections
i. § 12035
ii. § 12036
b. Rules for Concealed Carry
i. Gun for protection of life only
ii. Escape if possible
iii. Concealed means concealed
iv. Don't get emotional
Last edited by Edward Peruta; 12-23-2010 at 10:30 AM.
Just remember, that cops are never "off the clock". The privileges of their duty are in effect at all times...
Gun control isn't about guns -- it is about control.
I am not anti Cop I am just pro Citizen.
U.S. v. Minker, 350 US 179, at page 187
"Because of what appears to be a lawful command on the surface, many citizens, because
of their respect for what only appears to be a law, are cunningly coerced into waiving their
rights, due to ignorance." (Paraphrased)
AFAIK, if there exists a disparity of force such that you are outnumbered, etc. you're not required to take a beating to find out if you'll suffer grave bodily injury so long as the potential for such exists. One thing I wonder, that I hope others might shed light on, is whether or not you are expected to exhaust leaving the scene or "flight" as an option? Could I have taken steps to avoid or evade the confrontation? Sometimes the smartest move is to bail out if it's possible.
If you push an old man, and he can't fight, he will just kill you.
A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.
Disparity of force is another reason that a woman might for example be able to shoot a male attacker, even if that man might be unarmed. The man's physical size advantage could cause one to reasonably conclude that the woman could be overpowered and she had no other viable option to prevent death or grave bodily injury to her person.
I emphasize that I am not a lawyer, but some of this was covered in a CCW class I attended, and it's what I took away from that. If I'm in error on this please correct me.
As for what the ODO did-- I assume that as a private citizen if I did that, I'd be in major trouble. I might also be facing a civil suit from the thief whom I shot?
I think that the only thing the cop did wrong, and inturn, if it has been a normal citizen, was shoot the guy in the rear.
How do you shoot someone in the ass and be under attack? Kinda like shooting a guy running away from you.
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Do you think that as I was wondering, if a private citizen had done this, he'd likely be facing a civil action brought by the wounded thief?
Am I missing something here. The officer pushed the suspect away on 2 seperate occasions "to maintain a safe distance between them". If he had physical interaction with the suspect he was way to close! Had I been this officers commanding officer I would have put him on suspension for allowing such close contact with a threat.
If a suspect gets within that 21' bubble zone, and is advancing on you, you are in certain danger, and have all the provocation you need to pull the trigger to stop the threat. The fact that this guy made 2 serperate advances on the officer is more than enough to warrant deadly force. He identified himself as a police officer, he displayed a firearm and was barking commands. If the man had gotten in the van and they drove off then the officer could not have fired on the car because the suspects were not an imminent threat at that point.
I think this officer acted reasonably and prudently.
I would tend to agree, the officer was acting reasonably, assuming he identified himself clearly, and the thief advanced toward him and physically assaulted him. Whether the officer placed himself too close to the situation can be debated by the individual departments policies. But I think he was justified given the apparent situation.
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"To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788
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