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| 等 级：资深长老 |
| 经 验 值：12369 |
| 魅 力 值：311 |
| 龙 币：4214 |
| 积 分：6367.3 |
| 注册日期：2004-06-07 |
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部分条款,关于致命武器的
B. Use of Deadly Force
1. A law enforcement officer may use deadly force when the officer
reasonably believes such action is immediately necessary to
protect the officer or another person from imminent danger of death
or serious bodily harm.
2. A law enforcement officer may use deadly force to prevent the
escape of a fleeing suspect
a. whom the officer has probable cause to believe has
committed an offense in which the suspect caused or
attempted to cause death or serious bodily harm; and
b. who will pose an imminent danger of death or serious bodily
harm should the escape succeed; and
c. when the use of deadly force presents no substantial risk of
injury to innocent persons.
3. If feasible, a law enforcement officer should identify himself/herself
and state his/her intention to shoot before using a firearm.
C. Restrictions On The Use of Deadly Force
1. A law enforcement officer is under no obligation to retreat or desist
when resistance is encountered or threatened. However, a law
enforcement officer shall not resort to the use of deadly force if the
officer reasonably believes that an alternative to the use of deadly
force will avert or eliminate an imminent danger of death or serious
bodily harm, and achieve the law enforcement purpose at no
increased risk to the officer or another person.
2. A law enforcement officer shall not use deadly force to subdue persons whose actions are only destructive to property.
3. Deadly force shall not be used against persons whose conduct is
injurious only to themselves.
4. Under current state statutes the discharge of any projectile from a
firearm is considered to be deadly force, including less lethal
means such as bean bag ammunition or rubber bullets. For that
reason, these and similar less lethal means of deadly force can
only be used when an officer reasonably believes such action is
immediately necessary to protect the officer or another person from
imminent danger of death or serious bodily harm.
5. A law enforcement officer shall not discharge a weapon as a signal
for help or as a warning shot.
6. While any discharge of a firearm entails some risk, discharging a
firearm at or from a moving vehicle entails an even greater risk of
death or serious injury to innocent persons. The safety of innocent
people is jeopardized when a fleeing suspect is disabled and loses
control of his or her vehicle. There is also a substantial risk of
harm to occupants of the suspect vehicle who may not be involved,
or involved to a lesser extent, in the actions which necessitated the
use of deadly force.
a. Due to this greater risk, and considering that firearms are
not generally effective in bringing moving vehicles to a rapid
halt, officers shall not fire from a moving vehicle, or at the
driver or occupant of a moving vehicle unless the officer
reasonably believes:
(1) there exists an imminent danger of death or serious
bodily harm to the officer or another person; and
(2) no other means are available at that time to avert or
eliminate the danger.
b. A law enforcement officer shall not fire a weapon solely to
disable moving vehicles.
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2013-07-23 13:43:52
