Washington Gun Law (a lawyer) weighs in on the Minnesota shooting
(www.youtube.com)
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TLDW:
Minnesota has explicit laws spelling out when lethal force is justified by police officers, and when leave the force is justified by regular civilians. the gist is that the actor must reasonably believe they are in imminent danger, which very likely applies to an officer in the process of being run over by a car.
Minnesota is a duty to retreat State, so someone in imminent danger is legally required to remove themselves before we resorting to violence. if this is invoked, the question becomes "could the officer have reasonably gotten out of the way when the car started accelerating?" (obviously the answer is no, but this is a likely angle they're going to play in court)
I'd be shocked if "duty to retreat" applied to police. Otherwise every "armed suspect barricaded himself in his home" story would end with "so the police left."
"Duty to retreat" = communism.
The more clever move from those sociopaths on the left would be to label the agent as not being a police officer because he's not licensed by their state as one. In California, federal agents can't technically carry off duty, because only peace officers can, which federal law enforcement is not considered, per the penal code sections that define peace officers. Something in the PC 830 area, but I don't remember the exact code.
If they did this, they could say that the agent had the duty to retreat, like a non-cop has. The prosecute.
That being said, I'm pretty sure the federal courts can also take this case away from the state, and rule this as a qualified immunity shooting.
What would be fucked is if it's not ruled as qualified immunity, the federal judge doesn't protect the agent, and the state uses the loophole to prosecute, and Trump's pardon would be irrelevant at the state level. Should be a great "get the poors to fight" type of situation, all around.
That seems to be the liberal talking point right now that ICE agents aren't actually police.
They're factually wrong, but correct that they aren't Minnesota police officers. Which would only become legally relevant in my above scenario.
But after posting this, a lawyer told me that the agent would have a legal right to move any case against him to federal courts, so that loophole I mentioned could only work against him if he wanted it to.
Seems California went and did something even more Californian. AB 1440:
They really need to start charging that state's lawmakers.
They really should. Especially considering the requirements for California peace officers is actually lower than for ICE agents, in terms of training. About 2 months less.
Also, it's pointless wording. No federal law enforcement officer would be a state law enforcement officer.
Except these are Federal Agents, not Minnesota cops.
He did try to retreat, but got hit, hard, anyhow.
But an excellent video! Just the facts, with the numbers to back it up. He saves the "speculation" (if one can call it that, it's more of a summary) for the end, which is refreshing.
Duty to retreat is such bullshit.
bullshit that could only be conceived by the school teacher conglomerate that is The Left
I feel if it ever actually goes to court, the defense needs to lean hard on the fact that if she had jerked the steering wheel left at any point in that acceleration, that officer was going under the wheels. They need to really spell out the justification for why dodging and disabling her simultaneously was safer than just dodging, with lego bricks and play-doh visual aids to help them get it.
Because with everything else going on in that state I worry there's too many Minnesotans with an IQ equivalent to the room temp when the heating's broken, and they won't be able to figure that out themselves.
Today I learned: when in Minnesota scream “I FEAR FOR MY FUCKING LIFE” followed by “I AM RETREATING AND CANT ESCAPE” before you start blasting
The more you know 🌈 💫