Self Defense Situations

[calibased]

Yea no offense OP but the fact you say you grew up on the opposite side of the law and question about sd shooting and not telling anyone is pretty alarming.

[acaligunner]

You only leave if you Believe that if you continue to stay at the location, will further put your life in danger. When you are in a secured/safe location them you may contact your lawyer/LE agency.

[fiddletown]

... before I was going to school to be PD I honestly would have just left ...

Good God! There goes your self defense claim. If you split and get found out later, who's going to believe you were justifiably defending yourself?

On the other hand, flight is a form of conduct, and it's long been the fact that conduct can be evidence and that a jury may draw inferences, including inferring guilt, from certain types of conduct, like leaving the scene.

• U.S. v. Perkins, 937 F.2d 1397 (C.A.9 (Cal.), 1990), at 1402:

  ...the instruction explicitly stated, "the jury may consider [the false statements] as circumstantial evidence of the defendant's guilt." Id. at 1104. Second, we have approved the use of this instruction on false exculpatory statements. See United States v. Boekelman, 594 F.2d 1238, 1240 (9th Cir.1979) (court noted approval of standard Devitt & Blackmar instruction and distinguished Di Stefano in upholding a variation from the standard instruction); United States v. Wood, 550 F.2d 435, 443 (9th Cir.1976)....

  
  
• State v. Wimbush, 260 Iowa 1262, 150 N.W.2d 653 (Iowa, 1967), at 656:

  ...In Wigmore on Evidence, Third Ed., section 276, Volume II, page 111, under the title 'Conduct as Evidence of Guilt' the editor states: 'It is today universally conceded that the fact of an accused's flight, escape from custody, resistance to arrest, concealment, assumption of a false name, and related conduct, are admissible as evidence of consciousness of guilt, and thus of guilt itself.'
  
  McCormick on Evidence, section 248, pages 532, 533, puts it thus: "The wicked flee when no man pursueth.' Many acts of a defendant after the crime seeking to escape the toils of the law are received as admissions by conduct, constituting circumstantial evidence of consciousness of guilt and hence of the fact of guilt itself. In this class are flight from the locality after the crime, assuming a false name, resisting arrest, * * *.' See also Jones on Evidence, Fifth Ed., section 386, page 717.
  
  We have held many times that evidence of escape from custody and flight of an accused is admissible as a criminating circumstance. State v. O'Meara, 190 Iowa 613, 625, 177 N.W. 563, 569; State v. Heath, 202 Iowa 153, 156, 209 N.W. 279, 281; State v. Ford, Iowa, 145 N.W.2d 638, 641. See also 29 Am.Jur.2d, Evidence, section 280, and 22A C.J.S. Criminal Law

  
  
• State v. Lonnecker, 237 Neb. 207, 465 N.W.2d 737 (Neb., 1991), at 743:

  ... Although Clancy involved evidence of the defendant's attempted intimidation or actual intimidation of a State's informant or witness, evidence which was admissible under Neb.Evid.R. 404(2) ("other acts"), the rationale for "conscious guilt" evidence is equally applicable in Lonnecker's case.
  
  Lonnecker's hiding in the crawl space was evidence of his "conscious guilt" concerning the marijuana located on the premises which were under his control, that is, a conscious guilt concerning possession and cultivation of marijuana as a controlled substance. ...

  
  
• Martin v. State, 707 S.W.2d 243 (Tex.App.-Beaumont, 1986), at 245:

  ...In 2 RAY, TEXAS LAW OF EVIDENCE CIVIL AND CRIMINAL sec. 1538 (Texas Practice 3rd ed. 1980), we find:
  
  "Sec. 1538 Conduct as Evidence of Guilt
  
  "A 'consciousness of guilt' is perhaps one of the strongest kinds of evidence of guilt. It is consequently a well accepted principle that any conduct on the part of a person accused of crime, subsequent to its commission, which indicates a 'consciousness of guilt' may be received as a circumstance tending to prove that he committed the act with which he is charged." ...
  
  See also Cuellar v. State, 613 S.W.2d 494 (Tex.Crim.App.1981)....

... as far as a ccw goes I always felt if you carry you don't need a permit honestly it's so the gov't can make extra money ... I'm guna carry ...

And commit a crime. Good attitude -- especially from someone who claims to want a career in law enforcement.

You only leave if you Believe that if you continue to stay at the location, will further put your life in danger. When you are in a secured/safe location them you may contact your lawyer/LE agency.

Yes, and you need to (1) report the incident as soon as possible and safe; and (2) be able to articulate why you believed it wasn't safe to stay.

[SILENT GUNMAN]

Hi ATF. Try punctuating your posts. It will make them a little more credible.

[CAglock20c]

If you hit the space bar twice it will put a period after your last letter. Just FYI. Also, you're going to have a tough time in academy with that way of thinking.


Sent from my iPhone using Tapatalk

[roostersgt]

I mght not be gettig this right, but I read the post as he was training to become a "private detective", not a LEO. OP?

[calibased]

Hi ATF. Try punctuating your posts. It will make them a little more credible.

lulz

[fiddletown]

I mght not be gettig this right, but I read the post as he was training to become a "private detective", not a LEO. OP?

They're usually referred to as private investigators (PI). Of course a police officer would be a PO, although PO is usually used for parole officer.

Maybe the OP is overly ambitious and wants to be a whole police department.

[ranger6x6]

a guy running then turns around and throws a rock at you .....may be that might be a good reason to kill someone.....the police does it so it must be justified....

[ranger6x6]

I'm training to be PD right now just want to see what people are thinking and in reality if no one was around would you start or leave and never tell anyone about what happened before I was going to school to be PD I honestly would have just left and as far as a ccw goes I always felt if you carry you don't need a permit honestly it's so the gov't can make extra money how many people do you pass every day that have a gun with or without a permit its life and its guna happen regardless permit or not I'm guna carry and if I had to use prior to this I'm gone because I'm not going to jail and having my gun taken from me because Joe Blow wanted to rob me and he got shot in the process of his wrong choice

Become a police officer if you love it and not because you don't have other choices for a career. And don't become a police office because it's cool. Become one if you want to help people not just to shoot or put bad guys away. If you walk around thinking everyone around is a potential bad guy, please don't become a cop. You will only make things worse.

[Pardini]

Good God! There goes your self defense claim. If you split and get found out later, who's going to believe you were justifiably defending yourself?

On the other hand, flight is a form of conduct, and it's long been the fact that conduct can be evidence and that a jury may draw inferences, including inferring guilt, from certain types of conduct, like leaving the scene.

• U.S. v. Perkins, 937 F.2d 1397 (C.A.9 (Cal.), 1990), at 1402:
  
• State v. Wimbush, 260 Iowa 1262, 150 N.W.2d 653 (Iowa, 1967), at 656:
  
• State v. Lonnecker, 237 Neb. 207, 465 N.W.2d 737 (Neb., 1991), at 743:
  
• Martin v. State, 707 S.W.2d 243 (Tex.App.-Beaumont, 1986), at 245:

And commit a crime. Good attitude -- especially from someone who claims to want a career in law enforcement.

Yes, and you need to (1) report the incident as soon as possible and safe; and (2) be able to articulate why you believed it wasn't safe to stay.

LOL Read his WTB/WTT posts he has no concern with what's legal.

[Steve_In_29]

LOL Read his WTB/WTT posts he has no concern with what's legal.

WOW How have some of those still not been removed by Mods?

[Revhendo]

I'm still getting that you don't think it's a problem to carry without a permit. This is a concern, given your current path.