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Old 01-14-2013, 01:47   #27
SgtScott31
Senior Member
 
Join Date: Jan 2011
Posts: 350
Quote:
Originally Posted by SouthernBoyVA View Post
In my state, you may use deadly force if at the time of its use, you held a good faith belief based on objective facts, that you were in imminent fear [danger] of serious bodily harm [or worse]. The threat does not have to be real, only that you believed it to be so.

There are a few exceptions like those mentioned above. For example, you must have a legal right to be where you are. If you are party to the confrontation/escalation, you must retreat until you can no long do so safely while telling your assailant that you do not wish to fight.. to leave you alone. When you can no longer retreat safely, you regain the veil of innocence and may use deadly force if necessary.
I wanted to add this involving my state law(s):
Quote:

39-11-621. Use of deadly force by private citizen.

A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, 39-11-611 and 39-11-612.


TCA 39-11-611 - Self Defense (applicable part of it)

Quote:
(b) (1) Notwithstanding 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

(2) Notwithstanding 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if:

(A) The person has a reasonable belief that there is an imminent danger of death or serious bodily injury;

(B) The danger creating the belief of imminent death or serious bodily injury is real, or honestly believed to be real at the time; and

(C) The belief of danger is founded upon reasonable grounds.

Quote:
39-11-612. Defense of third person.
Quote:

A person is justified in threatening or using force against another to protect a third person, if:

(1) Under the circumstances as the person reasonably believes them to be, the person would be justified under 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and

(2) The person reasonably believes that the intervention is immediately necessary to protect the third person.
Now I only mention those above statutes because I believe an argument can be made that if the citizens were effecting an arrest they can use the degree of force necessary to effect an arrest, up to and including deadly force. Obviously this hardly ever happens becaue of the huge amount of liability involved if said citizen who did the shooting was wrong. Given the limited facts by the OP, I think the argument could be made that they were chasing the guy to effect an arrest and obviously if he had a firearm a reasonble person could assume that while effecting the arrest it's likely deadly force might be warranted.

What's the difference in his scenario versus LEOs who chase an armed felon (aside from the fact we get paid to catch him)? It's pretty likely that when the LEOs catch up to the armed individual and he refuses to drop the weapon deadly force is likely justifiable.

Last edited by SgtScott31; 01-14-2013 at 01:50..
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