cop kills double amputee in wheelchair

[RetiredOC]

I cited the sections of the law that supported my claim that cops here in Missouri, and likely in Florida also, have a much lower standard to meet when using lethal force.....my claim.....cite provided.

I don't see how that cite provided helps your claim, especially when a court in your state has ruled that a citizen can perform law enforcement duties and have the same protection as them...

I did not request that you read the entire chapter

^^^

earlier:

you failed to review the entire chapter of RSMo 563

 

[OC for ME]

I don't see how that cite provided helps your claim, especially when a court in your state has ruled that a citizen can perform law enforcement duties and have the same protection as them...

^^^

earlier:

You misread that court case. A citizen can only be called up to aid the civil power by a "constable" who has the authority to "deputize." That case was about CCW and the defendant using his posse member status to invoke a exception to the CCW statute for constables that the court found he was not lawfully permitted to invoke. That court case is a case of a LAC being railroaded by the system because he listened to a cop instead of knowing the law. This point was raised in that court opinion.

If I am duly sworn and deputized, buy a constable with the authority to "call me to aid the civil power," I can claim the exception to the statute for CCW and I then am subject to RSMo 563.046, LEO use of force, if I am required by circumstance to use force. I am also subject to other statutes that apply to cops, namely arrest powers.

If I am not duly sworn and deputized then RSMo 563.031 applies to me, a more restrictive (higher) standard to meet for the use of force. I can use force but I have a greater burden to prove that my use of force was justified. I can affect an "arrest" (RSMo 563.031.4) but the RSMO does not provide me the leeway that a cop has to affect a arrest.

I suspect, though I do not know precisely, that Texas and Florida have similar statutes that define the authority of a cop, and the "authority" of a citizen and when a citizen can invoke specific cop authorities.

 

[OC for ME]

You misread that court case. A citizen can only be called up to aid the civil power by a "constable" who has the authority to "deputize." That case was about CCW and the defendant using his posse member status to invoke a exception to the CCW statute for constables that the court found he was not lawfully permitted to invoke. That court case is a case of a LAC being railroaded by the system because he listened to a cop instead of knowing the law. This point was raised in that court opinion.

If I am duly sworn and deputized, buy a constable with the authority to "call me to aid the civil power," I can claim the exception to the statute for CCW and I then am subject to RSMo 563.046, LEO use of force, if I am required by circumstance to use force. I am also subject to other statutes that apply to cops, namely arrest powers.

If I am not duly sworn and deputized then RSMo 563.031 applies to me, a more restrictive (higher) standard to meet for the use of force. I can use force but I have a greater burden to prove that my use of force was justified. I can affect an "arrest" (RSMo 563.031.4) but the RSMO does not provide me the leeway that a cop has to affect a arrest.

I suspect, though I do not know precisely, that Texas and Florida have similar statutes that define the authority of a cop, and the "authority" of a citizen and when a citizen can invoke specific cop authorities.

or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

http://www.moga.mo.gov/statutes/C500-599/5710000030.HTM

RSMo 571.030.2(1)

 

[sudden valley gunner]

In Washington it is legally recognized that civilians use of force is greater than constitutionally restricted police.

Now in practice Washington has a horrible record of prosecuting or reprimanding police use of force, while not exercising lenient judgement against civilians.
From RCW 9A.16.040

[h=2]Notes:[/h]

Legislative recognition: "The legislature recognizes that RCW 9A.16.040 establishes a dual standard with respect to the use of deadly force by peace officers and private citizens, and further recognizes that private citizens' permissible use of deadly force under the authority of RCW 9.01.200,9A.16.020, or 9A.16.050 is not restricted and remains broader than the limitations imposed on peace officers." [1986 c 209 § 3.]

 

[RetiredOC]

A citizen can only be called up to aid the civil power by a "constable" who has the authority to "deputize."

You misread what I've been saying. The debate wasn't over who has power to "deputize" people.

I'm not talking about about being called up to duty by a constable. I'm talking about your duties under common law and referencing a court opinion that supports my claim.

The chief reliance of the defence, as to this point, is founded on the common law rule, which makes it the duty of every citizen to arrest, or aid in the arrest, of every felon. In so doing, he is considered, for the time, as engaged in the public service, and entitled to all the protection afforded to the regularly appointed ministers of justice.

I feel that this invalidates your claim about police having more protections when using force. (or something along those lines)

 

[OC for ME]

I see, thanks for clarifying what I should have understood earlier.