Old Bill Dibble
New member
The standard for non sworn civilians and for the police to use deadly force is being put in fear for one's life or the life of another. The operative word being fear.
If a police officer draw's his pistol and threatens the use of deadly force, and that officer intends to remain within the law... he must be feeling fear. Or has he placed himself above the law?
You left out "or serious injury". Also in most states officers may also use deadly force against escaping prisoners although a lot of police agencies don't allow that these days as a matter of local policy.
Also certain law enforcement agencies such as those at Nuclear Power Plants and other high risk facilities are under a looser set of rules to protect the facility or certain items from falling into the wrong hands and causing a catastrophe.
The Garner ruling changed quite a lot. Under common law a lot of felonies were punishable by life in prison or death. That is no longer the case. That is one of several reasons why the police were placed under near the same restrictions as everyone else. I think this is a good thing.
I should also point out that most officers won't verbally threaten the use of deadly force unless the suspect is being provocative. Having the gun out is an indicator but often just precautionary.