Hypothetical encounter
Home owner: Hey man, get the h*** out of here, I am sick and tired of you punks selling that s**** in my neighborhood.
Under cover police: Sir, we are undercover police, if we show you our ID at this time, we would blow our cover. Why don't you go inside and call our supervisor, Sgt Goodcop at 867-5309 and he can confirm our identity. Thanks and we appreciate your caring enough to question our activity.
Home owner: Oh... Ok then, I'll go make that call.
Cut to a happy ending where everyone got to go home alive.
At this point we don't know if a similar exchange took place or not.Under cover police: Sir, we are undercover police, if we show you our ID at this time, we would blow our cover. Why don't you go inside and call our supervisor, Sgt Goodcop at 867-5309 and he can confirm our identity. Thanks and we appreciate your caring enough to question our activity.
That typically idiotic statement comment does not merit a responseIt was never about whether the cops could legally kill the guy, which is all joab seems to care about.
That typically idiotic statement comment does not merit a response
Your only intent in this whole discussion was to place blame on the cops and you were not above making things up as you went along, as usual. And you make fun of my what if? Which incidentally was presented as a what if, unlike your presentation of conclusions based on nonexistent factsexcept for the dumbest thing I've seen on the whole thread, which was your humorous hallucination about the guy threatening the undercover cops, posing as drug dealers, because he didn't like cops in front of his house...
Maybe I'm being obtuse but someone will have to explain that bit of wisdom to me"joab, the insight into the mentality of a long-time police officer that your posts have revealed, over time, has made me a lot less pro-cop. I'm certain I'm not alone. Something to think about."
you were not above making things up as you went along, as usual
776.041 Use of force by aggressor.--The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony;
I see that you are struggling with...the fact that brandishing a firearm amounts to force and only force, not deadly force.
The law explicitly deals with the definition of what deadly force is. Yes it does include the catch all "but is not limited to", but it is not appropriate to apply it in this situation. Someone driving a car at you is deadly force. Someone swinging a golf club at you is deadly force. Those are appropriate uses of "but is not limited to". The florida legislature specifically addresses firearms in the statue. I must assume they meant exactly what they said.
No one is making the case that people can go around pointing guns at people with impunity. What is being said is that it was explicitly allowed by law in this case. The law allows me to "meet force with force" and draw a firearm and point it at you for approaching me aggressively with a tire iron in your hand. Likewise, it allows one to approach tresspassers with gun in hand and demand that they vacate your property immediately. You seem to disagree that that is appropriate. Our personal feelings aside the florida legislature has said that it is legal.
Threat?originally by joab:
And the threat of deadly force while in possession of a firearm is called ag-gra-vate-ed bat-ter-ry.
784.045 Aggravated battery.--
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
784.03 Battery; felony battery.--
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
not really struggling with it. i've already acknowledged there is a difference between the two. what im saying is that the introduction of the deadly weapon into the situation played a major part of the escalation into a deadly force situation.
i think it's ludicrous that some people are saying the trespass (which hasn't been proven to be fact yet) escalated the situation more than a man who left and returned with a gun. it isn't reasonable under most people's standards to try to win an argument with a gun. plain and simple, that is what the man did.
if the law allows that, it also allows someone to defend themselves against an armed aggressor making a threat of death or serious bodily injury, doesn't it? otherwise, if it doesn't, then how can it allow someone to display deadly force? the presumption is that if it allows the display of deadly force, then it also allows the use of deadly force to defend oneself against an armed subject making a death threat.
so if the law allows someone to defend themselves against an armed person making a threat of death or serious bodily injury, then how are the police wrong?
The discussion of fine legal distinctions is interesting and educational. Without all of the exact facts of the incident, which are woefully lacking, determining who was legally right or wrong is problematic.This is why the defining question is were they in fact on his property at the moment he appeared with the gun? If so then they are legally responsible for all that occurred. If not then the dealers were not legally responsible for what happened. They were however, morally responsible in either case.
As I am thoroughly bored with all of this and the only thing less productive than preaching to the choir is preaching to atheist I gonna bow out.
The quote you posted claims that he was cooperative with the cops when they IDed themselves in the past. If true why would he not cooperate when they IDed themselves this time, even if it was after he chose to commit a violent felony. Or maybe it is because it was after he chose to commit a violent felony.