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A woman in Minneapolis has been killed in an altercation with ICE. I don’t really trust any of the narratives being spun up. Here are
twothree angles:Angle 1
Angle 2 [Twitter] [youtube]
Angle 3 (Emerged as I was writing this)
This is actually a fairly discussed type of shooting. Law enforcement confronts a person in a vehicle, the LEO positions himself in front of the vehicle, the person in the vehicle drives forward, and the cop shoots the person. Generally, courts have found that this is a legitimate shoot. The idea being that a car can be as deadly a weapon as anything.
Those who are less inclined to give deference to law enforcement argue that fleeing the police shouldn’t be a death sentence, and that usually in these situations the LEO has put himself in front of the vehicle.
I have a long history of discussing shooters in self-defense situations [1] [2] [3] and also one of being anti-LEO. However, I’m softer on the anti-LEO front in the sense that within the paradigm in which we exist, most people think the state should enforce laws, and that the state enforcing laws = violence.
The slippery slope for me: “Fleeing police shouldn’t be a death sentence”
“Resisting arrest shouldn’t be a death sentence”
“If you just resist hard enough, you should be able to get away with it”
People really try to divorce the violence from state action, but the state doesn’t exist without it.
I'm not entirely sure where I stand on this issue, but to push back on the idea of it being a slippery slope, I think we can steelman the "fleeing the police shouldn’t be a death sentence" idea to something like "the police should not deliberately block off only nonviolent methods of fleeing in order to force an equivalence between fleeing and violence.
Imagine a dystopia in which police have a secret goal of wanting to shoot as many people as possible, but are legally prohibited from this because their laws are almost equivalent to ours: you can only shoot someone in self defense (or defense of another), but have some extra loopholes that allow the following scenario. The police always travel in pairs, and instead of normal handcuffs they carry one cuff with a long thin wire dangling off them. When a police officer cuffs someone it doesn't directly restrain them in any way, but the police officer ties the wire around their own neck. This means if the suspect attempts to run and gets far enough away, the wire tightens and slices/strangles the officer. The other officer can then legally shoot the suspect in order to save their partner's life. That is, the officer is deliberately endangering themselves in a conditional way in order to create opportunities to shoot people.
The steelmanned argument would then place "standing in front of a driven vehicle" in this same scenario. You are not physically restraining a person. You are not actually preventing them from escaping. Instead, you are creating a scenario in which you deliberately endanger yourself conditional on them fleeing as an excuse to shoot them. This is roughly equivalent to just training a gun on them and saying "don't run or I'll shoot you", which police officers are generally not allowed to do. This is a loophole in which they are allowed to do it. Saying "we should close this loophole, you can't just put yourself in danger for the express purpose of giving yourselves opportunities to shoot people" does not slip into "violence is allowed" because it's categorically and consistently anti danger/violence. It's not necessarily about deliberately giving people opportunities to flee, or even failing to close off opportunities to flee if you can actually do that, but it's a claim that abusing your legal power and using yourself as a hostage is not a legitimate means to close off escape.
Of course, I expect a large fraction of people do believe weaker versions of this and just hate police. But I think there is some legitimate point here in the stronger version.
Uh... sure, if the officer had the perfect opportunity to restrain a suspect, but instead chose to arm them with a deadly weapon, the use of which completely depends on the officer willingly exposing himself to it through a series of convoluted steps, I'd say any pretense of feeling threatened is illegitimate.
I fail to see how this is a useful analogy for a case where the suspect is already in possession of a deadly weapon, prior to restraint.
I think grouping cars, which most Americans have, in with deadly weapons for this purpose, while technically correct, is a good example of the non-central fallacy. "In order to make a living in this country, you need [thing]. If you have [thing], then police are entitled to kill you if you try to escape arrest" is rather Catch-22-adjacent.
The most dangerous thing the average person does in any day in America is get on the road and trust other people to do a good job driving. Adding an additional element of some miscreant going 90 MPH in a 30 and blowing multiple lights/stop signs so they can avoid a petty traffic, misdemeanor, or warrant is not something I would encourage the legal system to incentivize.
And also, when did this trend of people just basically saying civil disobedience = no consequences thing happen? You can protest the law peacefully and boringly with a sign and a lame chant. Going out and stopping cops from arresting rapists because you think rape is good doesnt mean you get a free pass just because you cast a frame. In civil disobedience you serve your time, then convince the public and win a later victory as part of the sacrifice of substantial portions of your life.
Otherwise, everyone could claim to do this and face nothing. Maybe Timmy McVeigh's complaints about the Feds were legit. Why dont we just let him out on his own recognizance for a few decades and then arrest him when he is 99 and we have, as a society, finally determined his cause was bunk.
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This is pretty silly. The thing that makes a deadly weapon a deadly weapon is "will it kill you if used against you". In the case of cars, they aren't considered deadly weapons until they are being used in a potentially deadly manner, which makes perfect sense. ArjinFerman could have better phrased it as "already in use of a deadly weapon", but the fundamental fact remains: her car could have killed the guy had this gone slightly differently.
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What do you make of knives? They're pretty uncontroversially deadly weapons, also have non violent uses and I would guess more Americans have at least one than cars.
I think the differenciator for deadly weapon shouldn't be whether there is a non violent use for it, but more what the likely intent is if someone attacks you with that object. If someone attacks you with a knife, or a car, you can surmise the intent is deadly, or at least the attacker has little regard whether his attack will cause death. Unlike a taser, or some blunt weapons (like a baton; a hammer I would probably consider lethal).
If a cop walks up to you as you are holding a knife for whatever reason, grabs your hand and yanks it to have the knife at his own throat, I also do not think that this should generate a right for the cop to then kill you in self-defence if you try to pull the hand away (in a way that might slice the cop's throat in the process). Actually this seems like another good example for my viewpoint.
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Example legal wording from a cursory search:
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Setting aside the question of the appropriate response to a fleeing suspect, this (and a lot of comments here) seem to be glossing the fact that fleeing the cops in a motor vehicle is a choice, just as much as fleeing the cops with a gun is. You can always attempt to flee on foot if you decide to flee.
Responding to you and @ArjinFerman simultaneously, the premise here is that more than one choice has been made: yes, the person the cops were trying to arrest chose to try to flee with a motor vehicle (resp. with the wire/handcuffs), but the cops previously chose to position themselves in the way of the car such that fleeing would entail driving the car at them, resp. chose to attach the wire. One can take the contrived example further - what if the cop holds a gun to their own head and says, "I will kill myself if you escape"? What if they do this using some scifi commitment device that forces them to follow through on this promise? (Is creating exploding collars for that and marketing them to police the next big startup idea?) What if the cop's on a PIP and will get fired if he makes another mistake and is known to be depressed, so the person who is getting arrested knows that the cop will likely kill himself if he gets away?
Like I said, this is not a valid analogy. The reason they'd be wrong in the "attaching the wire" scenario is because they had the chance to restrain the suspect and chose to forgo it in favor of putting themselves in danger, not because they put themselves in harm's way in an attempt to restrain them. The latter is a completely normal part of police work. If it was somehow wrong, the police wouldn't be allowed to attempt to restrain any armed suspect.
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Those contrivances all rely on the police being able (or willing) to do something that is extraordinary. Standing in front of a stopped vehicle is not extraordinary. It is something that an ordinary non-police person is allowed to do, for brief periods of time. It seems unremarkable that what an ordinary person is legally entitled to do, police should be legally entitled to do as well. Whether it is a good idea? Highly contingent, which is why I think broad policies either prescribing or proscribing are unwise.
Surely intent matters. Standing in front of a vehicle with evident intent to stop it from driving away, or even with intent to do a thing that you expect would make the driver want to drive away (think those people non-consensually starting to clean your windshield at traffic lights, or panhandling), I think, should be treated differently from just finding yourself there for unrelated reasons. I do not think a windshield hobo with a weapons license in that situation should get to shoot the driver in self-defense if the driver starts driving, either.
Intent does matter, which is why it matters whether it's someone who has the legal right to keep me there versus someone who does not. If two large men with guns come to my (home) door and ask to "have a chat," I'd be justified in stabbing them to escape if they're randos, but not if they're cops.
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Supposing instead of any of these Rube Goldberg machines the person fleeing just decides to point a gun at the police and tell them he will shoot if they get any closer. Shouldn't the cops back off?
That's presumably different, because in your setup the police did not set things up in such a way that you physically need to point a gun at them to attempt to escape [do something that is not normally taken to be punishable by death].
All right, supposing the police have someone cornered and his only plausible way out is to point the gun (he doesn't know movie karate that would allow him to defeat half a dozen cops unarmed). How is this different from the police having someone cornered and their only way out is to point a vehicle at a police officer? Shouldn't the duty to retreat be roughly analogous in both situations?
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The "non-central fallacy" is a pretty dubious construct to start with, but in any case: no it's not. You can apply the same reasoning to the convoluted contraption from his scenario: handcuffs are not a deadly weapon, and neither is a wire, but they become one when the wire is wrapped around your neck. A car, by itself, is not a deadly weapon, but a car driving at someone is. There's a reason why they became so popular with Muslim terrorists.
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