katydid23
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From last thread:
Cool J:
In my opinion an immediate threat to the public would have to mean to someone in the immediate area. Someone who for one reason or another OW had probable reason to believe MB might hurt them. There has to be someone who is actually in danger. It is not an open ended bounty on this fleeing felon in case he MAY hurt somebody somewhere... If so, how long would this last? The rest of the day? Weeks?
Nope, I do not think that is how the law looks at it.=========================================================
There were plenty of people in the immediate area. He could have tried to jack a car, for all OW knew. Or strong armed his way into a strangers apt.
Please remember, OW was blindsided. He did not expect to be attacked when he began to step out of the car. So at that moment, he has to assume that this perp is DESPERATE. or NUTS. You'd have to be to assault a cop and grapple over his weapon. That is a death wish.
And OW has no way to be certain if OW or DJ had any weapons or not. They may have had a knife or DL may have had a gun. How many times do you think that OW searched a young male and found them to be armed? I'd say quite often.
As for the time limit, it is somewhat open ended. If MB had escaped, they would have brought in lots of back up to search for him. He would be a suspect in a robbery and an attack on an officer, perhaps even attempted murder, since they fought over the gun. So there would be no time limit and he would be expected to comply fully and freeze when apprehended, or perhaps be met with lethal force. Even if it was a week later when they found him, he would be considered dangerous.
Cool J:
In my opinion an immediate threat to the public would have to mean to someone in the immediate area. Someone who for one reason or another OW had probable reason to believe MB might hurt them. There has to be someone who is actually in danger. It is not an open ended bounty on this fleeing felon in case he MAY hurt somebody somewhere... If so, how long would this last? The rest of the day? Weeks?
Nope, I do not think that is how the law looks at it.=========================================================
There were plenty of people in the immediate area. He could have tried to jack a car, for all OW knew. Or strong armed his way into a strangers apt.
Please remember, OW was blindsided. He did not expect to be attacked when he began to step out of the car. So at that moment, he has to assume that this perp is DESPERATE. or NUTS. You'd have to be to assault a cop and grapple over his weapon. That is a death wish.
And OW has no way to be certain if OW or DJ had any weapons or not. They may have had a knife or DL may have had a gun. How many times do you think that OW searched a young male and found them to be armed? I'd say quite often.
As for the time limit, it is somewhat open ended. If MB had escaped, they would have brought in lots of back up to search for him. He would be a suspect in a robbery and an attack on an officer, perhaps even attempted murder, since they fought over the gun. So there would be no time limit and he would be expected to comply fully and freeze when apprehended, or perhaps be met with lethal force. Even if it was a week later when they found him, he would be considered dangerous.