Reply #18: Hmmm... cop should have called for local fuzz to intercept [View All]

[krispos42]

He could have easily called his own dispatcher and had them relay a message to CHP or the local police to intercept. He was far out of his juristictions, which I think makes him little more than a legally-armed citizen at that point. He should have simply observed so he could be a witness in court.

Not having done that, the question of whether the officer identified himself properly remains. A 'verbal identification' does not suffice. A badge should have been flashed, and if the cop didn't have his on him, he should have stayed discrete.

I can't fault the officer for shooting a very large, strong, athletic man heading towards him with his hands in his pocket AFTER the officer demonstrated the gun was real, but the fact remains that Foley had probable cause to think the person was not an officer. And that officer, being the perpetrator of illegal activity, may not have had the legal right to defend himself.

You can't legally use lethal force to defend yourself while breaking into a house, for example. Something similar may be in effect here.

This is going to be a mess.