Walk It Through: The Takedown
Objectively reasonable force, deadly force only in defense of life, and six months to present a claim.
An officer stops a delivery driver who matches the description in a robbery call, and the driver pulls away from the officer's grip.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and one driver. An officer's duty to intercede, the homicide justification, and federal claims are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- AssaultAn unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
- BatteryAny willful and unlawful use of force or violence on another person, punishable by a fine of up to $2,000, up to six months in county jail, or both.
- Government claimA claim for death or injury to a person against a public entity, presented not later than six months after the cause of action accrues.
- Objectively reasonable forceThe force a peace officer may use to effect an arrest, prevent escape or overcome resistance. Deadly force is justified only to defend against an imminent threat of death or serious bodily injury, or to stop a dangerous fleeing felon.