Don't Talk To Police

[Kleanbore]

Deanimator, I apparently misunderstood your reply. I thought you had said you would remain silent as a witness or a person absconding with evidence that could be vital to your defense departs.

Lee, my question ("what do the experts...") was purely rhetorical, but thanks for responding for those who may have missed it the first time or two.

The video in the OP is very good, and people in business to whom I have forwarded it --including company attorneys--have all commented positively. It is a must watch. I'm personally familiar with situations in which people have unloaded to investigators as if they were speaking to their own attorneys, only to create a mountain of trouble in what were really innocent circumstances.

However, as Fiddletown says in comments that I pasted into Post 9, there is a very distinct difference between a traditional criminal case (or case involving an accident) and a case involving an affirmative defense.

My biggest concern, after those concerning shooting wrongfully in error, shooting too late, or hitting an innocent third person, is ending up without supportive evidence or witnesses. For me, deadly force will always be the very last resort.

 

[NCPatrolAR]

I can't speak for other agencies, but around here you make your statement to Homicide and IA the same day as your incident

 

[ilbob]

I can't speak for other agencies, but around here you make your statement to Homicide and IA the same day as your incident

This is with your union rep and/or lawyer present though, correct?

 

[NCPatrolAR]

You can have an attorney present if you want. Of course by then we've already made statements to other officers due to radio traffic, having to cooridnate resources, crime scene management, etc

 

[Cel]

I just have some quick questions regarding trying to get away from an assailant. Who is to say that YOU won't get shot in the back? How is that someone being aggressive to you gets the chance that you might not have? Is it okay to shoot back if they are running away AND shooting back at you? How in the world will you explain those shots in the assailants back? I guess this is why it's best to not say anything until you have talked to a lawyer.

 

[Frank Ettin]

I just have some quick questions regarding trying to get away from an assailant. Who is to say that YOU won't get shot in the back?....

There's of course no simple answer. It all depends on exactly what's happening and how it's happening. And if you can't disengage safely, you of course will need to defend yourself.

...How is that someone being aggressive to you gets the chance that you might not have?...

Because under our legal and social traditions going back hundreds of years, one is generally justified in using lethal force and/or injuring another person, only when doing so is reasonably necessary to prevent otherwise unavoidable imminent death or grave bodily injury to an innocent (except to the limited extent this general principle may be slightly modified under local laws, like an applicable castle doctrine).

.... Is it okay to shoot back if they are running away AND shooting back at you?

It depends again on the exact situation. Can you articulate why you concluded that your use of lethal force was necessary to prevent otherwise unavoidable imminent death or grave bodily injury to an innocent? Will the DA and/or grand jury and/or a trial jury (if it comes to that) agree that an ordinary prudent person in like circumstances and knowing what you knew would have concluded the same thing?

 

[.45&TKD]

Is it okay to shoot back if they are running away AND shooting back at you?

I think it is OK to shoot back at them if they are running for cover while still armed. Just because they are running away does not mean they are no longer a threat.