TomkinsSP
Member
Police department procedure is based on individual officers, carring out thier supervisors orders, based on policies written by the police administration, with an eye toward local politics, the desires of the State's Attorneys who will prosecute cases, and hopefully founded upon a clear understanding of the law as written by the State Legislature.
So, how many times or places can this go sideways? Different jurisdictions have different Customs and Political realities. Different persons in the process have thier own values and opininions. Some involved may have more discretion than others.
I personally know of two fairly similar cases in which a homeowner used deadly force against persons who had effected felonious unlawful entry into the homeowners residence late at night. In case one the decedant was in violation of a lawful restraining order. In case two the decedant had outstanding felony warrants and had just been released from custody. In both cases the homeowner stated that they awoke to the sound of the break-in, armed themselves, confroned the unlawful intruder and fatally shot same. Apples to apples except grown in different jurisdictions.
Case one, investigators photographed the firearm used, homeowner kept the gun. Case two, investigators not only siezed the .38 snubby used, but a .22 rifle and a 12 guage shotgun owned by the homeowner (and conviently resistered with the State.)
Neither homeowner was charged, neither was sued in Civil Court (case one was barred legally, perp in case two had nobody who would admidt to being related to him).
I know about case two because the homeowner grew up with someone who was related to a cop, and two years later he wanted his snubby back (the rifle and shotgun were returned about six months after the incident.
So, how many times or places can this go sideways? Different jurisdictions have different Customs and Political realities. Different persons in the process have thier own values and opininions. Some involved may have more discretion than others.
I personally know of two fairly similar cases in which a homeowner used deadly force against persons who had effected felonious unlawful entry into the homeowners residence late at night. In case one the decedant was in violation of a lawful restraining order. In case two the decedant had outstanding felony warrants and had just been released from custody. In both cases the homeowner stated that they awoke to the sound of the break-in, armed themselves, confroned the unlawful intruder and fatally shot same. Apples to apples except grown in different jurisdictions.
Case one, investigators photographed the firearm used, homeowner kept the gun. Case two, investigators not only siezed the .38 snubby used, but a .22 rifle and a 12 guage shotgun owned by the homeowner (and conviently resistered with the State.)
Neither homeowner was charged, neither was sued in Civil Court (case one was barred legally, perp in case two had nobody who would admidt to being related to him).
I know about case two because the homeowner grew up with someone who was related to a cop, and two years later he wanted his snubby back (the rifle and shotgun were returned about six months after the incident.