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October 29, 2024

Can Police Shoot a Fleeing Suspect in California?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

In California, the law surrounding police shootings is stringent, especially when it comes to fleeing suspects. Can police shoot a fleeing suspect in California? The short answer is no, not unless the fleeing individual poses an imminent threat of serious injury or death to others. Officers must follow specific guidelines outlined in California law. At Pointer and Buelna, LLP – Lawyers For The People, we are committed to defending the rights of individuals impacted by police shootings and misconduct. If you’ve been affected, we can help.

Can Police Shoot a Fleeing Suspect in California?

California law, primarily through Assembly Bill 392, emphasizes the protection of life. Police cannot shoot a fleeing suspect unless they pose an immediate danger to others or the officer. This statute reinforces the need for officers to use de-escalation techniques and exhaust non-lethal options before resorting to deadly force. The California Attorney General’s Office outlines these restrictions clearly in its guidelines.

When Can Police Use Deadly Force?

There are specific instances when deadly force may be justified:

  • Imminent Threat: If the suspect poses a significant menace of death or serious harm to the officer or others.
  • No Alternatives: Officers must attempt to use other, non-fatal means before resorting to deadly force.
  • Serious Crimes: For deadly force to be considered, the suspect must flee from a dangerous crime, such as a violent felony.

Is Fleeing From Police a Felony?

In California, running away from the police is not always a felony. The severity of the charges depends on the situation:

  • Misdemeanor: Escaping without posing a danger may be charged as a misdemeanor.
  • Felony: If the suspect endangers others or has committed a violent crime, it can be considered unlawful evasion. This often escalates the consequences of the encounter.

Contact a Police Brutality Lawyer Near Me

Know Your Rights If Pursued by Police

Understanding your legal rights is vital if you are being chased by law enforcement:

  • Fourth Amendment Protections: You are protected from unreasonable seizures, including the excessive use of force.
  • Legal Recourse: If force was used against you unjustly, you may have grounds for a lawsuit. It’s essential to document all interactions and seek legal help promptly.

Controversies and Legal Challenges Surrounding Police Shootings

The use of deadly force in situations involving fleeing suspects remains controversial:

  • High-Profile Cases: Incidents like the shooting of Stephon Clark in Sacramento have sparked debates about whether police actions were justified.
  • Legal Challenges: Victims’ families often pursue legal action, arguing that officers acted beyond their authority. These cases frequently highlight the limitations of California’s use-of-force laws and push for further reforms.

What To Do If You or a Loved One Is Affected

If a police shooting has impacted you or someone close to you, it’s crucial to take prompt action:

  • Document the Incident: Collect all available evidence, including witness statements, police reports, and video footage.
  • Seek Legal Representation: Working with an attorney can help ensure your case is handled correctly, increasing the likelihood of holding authorities accountable for misconduct.

How a Police Brutality Attorney in California Can Help

At Pointer and Buelna, LLP—Lawyers For The People, we specialize in cases of police abuse, including unjustified shootings involving fleeing suspects. Our experienced attorneys can guide you through the legal process, ensuring that law enforcement is held accountable. If the police have harmed you or a loved one wrongfully, contact a Police Misconduct Lawyer and schedule a free consultation for legal support.

Adanté Pointer

Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.

Years of Experience: 16+ years

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Adanté Pointer, who has more than 15 years of legal experience as a practicing personal injury trial attorney.

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