Re: Dallas sniper reportedly blown up with weaponized robot
Posted: Mon Jul 11, 2016 10:42 pm
http://www.texasstandard.org/stories/th ... b-to-kill/
Lyons is Dean of Criminal Justice at Sam Houston State University.Is this use legal? Lyons says this is something for the courts to decide.
“In this case it will probably turn on the Fourth Amendment to the U.S. Constitution – which prohibits unreasonable searches and seizures,” he says. “I think that the courts would probably construe the shooter to have been in constructive custody – that is, even though he was not physically in the custody of the police, his freedom of movement was so restricted. Whenever someone is in police custody, constructive or actual, the police have to behave reasonably.”
But a lot of the legality of the case boils down to perceptions, Lyons says.
“Obviously police officers were in harm’s way, so I’m sure the decision was made on the basis of trying to minimize the exposure of officers to danger,” he says. “There are, however, other considerations. … The only two times in American policing history that bombs have been deployed (they) have both been deployed against African-Americans – even though African-Americans are only 12 percent of the population. If this is going to fuel those feelings further, might it be case that the short-term benefits of minimizing harm to officers may be offset by greater long-term consequences as other people may decide to take up arms against police.”