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The Chief of City X, Chief John Doe, was contacted by his second in command after a situation evolved in his jurisdiction involving an unnamed individual that had alleged ties to terrorism.. Chief Doe was informed that two of his officers made a routine motor vehicle stop after observing a male make an illegal turn at approximately 9:00 PM. The officers activated their electronic overhead lights and had the individual pull his vehicle over to a safe portion of the road. The individual did not comply as he continued to drive while the officers followed behind him with their lights and sirens on.

The officers then shouted verbal commands over their loudspeaker and commanded the individual to pull over; yet, he still failed to comply with the command. The officers then called for backup and within a moment an added police vehicle with two more officers were at the scene. The officers checked with the Division of Motor Vehicles and ran the license plate and learned that the car the individual was driving had been reported stolen.

Upon boxing the subject vehicle in and exiting the police vehicle, with guns drawn, the officers shouted for the individual to exit the vehicle with his hands raised. The individual again failed to comply but motioned with his hands in a direction at his chest area. The individual removed his jacket and displayed what appeared to be a bomb that was strapped to his person, and began chanting in his native language; however, the officers were unable to understand him. The individual motioned with his hands to his chest in a strange and quick manner, while the officers commanded that he remove his hands from his chest area and to exit the vehicle immediately. The subject failed to comply and ultimately grabbed the bomb that was strapped to his chest; however, one officer shouted “Freeze and place your hands in the air” and upon observing that the individual failed to comply, he fired one shot from his service weapon which hit the individual in the head.

· Outline any legal issues, both criminal and civil, that may be apparent

· Comment on the civil liabilities of the law enforcement agency, and the practitioners.

· Please ensure you review the fact pattern in detail and apply the laws of procedure to the situation

· Consider the information in the scenario and make informed decisions as the Chief law enforcement officer at the scene.

4 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    i will echo the homework comment above... but i will also note that an officer on the street will see this differently than a student in a classroom.

    legally, the stop is legal, most departments would not "box in" but having guns drawn is legal. once the guy displays what any officer feels is a bomb, the "greater danger theory" comes into play. there is no telling how much explosives this guy has, the cop that shoots has to protect himself, the officers, and anyone within the possible blast range.

    side note, no terrorist will show a "bluff" like this, they will just do it.

    civil liability - owner of car may not be pleased there is now blood in his car. in the case of the officer, if he is cleared of any misconduct, there is no basis for civil litigation.

    Chief would not be on scene, chief would be at home, sleeping. Later, he would tell the media his officers did the right thing... at least my chief would.

    Source(s): cop... been thru school, been on the street, have had extra training
  • 1 decade ago

    1) Illegal turn 2)failing to stop as commanded by law enforcement via loud speaker and flashing lights; fleeing the scene of a crime 3)Driving a stolen vehicle 4)Failing to respond to officers commands to exit the vehicle with his hands in the air.By this time, the officers should have tried giving the commands in other languages and call for a linguist to assist in the call. Once they saw the man point at his chest and without responding to English commands, before he could even remove his jacket, others on scene should have already been making requests to dispatch and make them aware of situation up to the point of what appeared to be a bomb strapped to his chest, they should have retreated to a safer distance and waited for bomb squad and linguist to arrive. Observing a quick motion to what they thought was a bomb, at that point deadly force was the only option to stop his actions.

    Legal issue here is that anyone and everyone that sets foot on United States soil, must understand the Primary language of the country, English, in order to continue placing the rest of their body on US soil.

    The officer that fired the shot to the head is a HERO!

  • Anonymous
    1 decade ago

    If this is something you cannot figure out, then quit your Criminal Justice courses and find something else to do. You will not be able to pass any law enforcement academy if you cannot figure this out, let alone do your own homework. Cheating is an integrity issue.

  • Anonymous
    1 decade ago

    Can you do your own homework, when you graduate there will be no one to hold your hand, you do know that.

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