A police officer pulls over a man for driving 15 mph over the speed limit. The officer approaches the vehicle and spoke tot he driver. The driver had both his hands on the steering wheel, had the car in park, and complied with the officer's orders to present his license and registration. The man also notified the officer he had a gun in his trunk and pulled out his gun permit to show that he was not breaking the law. The officer shoots the man and kills him immediately. The man did not move for the gun which was in the trunk of his car, nor was his tone and body language threatening to the officer.

Question

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No use of force is permissible. The driver's only legal violation is that he is speeding.
The officer can use moderate/limited force. This is very limited use of physical force to physically restrain the driver. OC spray can also be used to subdue the driver.
The officer can use less lethal force. This means the officer can strike the driver with a baton, electrocute the driver with a taser, or cause severe, physical harm with his fists and other methods.
The officer can use deadly force.

Answer 1

In the scenario you presented, the use of deadly force by the officer would likely be considered excessive and unjustifiable under most circumstances. Here’s a breakdown of the different options:

1. No use of force is permissible: This is the most accurate option based on the information provided. The driver was compliant, had his hands on the steering wheel, and informed the officer about the gun in the trunk while presenting his gun permit. Given these facts, there was no immediate threat to the officer's safety that would warrant any use of force.

2. The officer can use moderate/limited force: This option assumes that there is a need for some level of physical intervention. However, given the driver's compliance and lack of threatening behavior, there would be no justification for even moderate force.

3. The officer can use less lethal force: Similar to the previous points, the situation does not justify the use of less lethal force. The driver was not posing any threat and was compliant.

4. The officer can use deadly force: This would likely be deemed unjustifiable in this context. Deadly force is only warranted when there is an imminent threat to the life of the officer or others. The driver’s behavior did not indicate such a threat.

In conclusion, based on the details provided, the appropriate action for the officer, if any, would be to engage with the driver further while maintaining a safe distance and assessing the situation. The shooting of the compliant driver would most likely result in severe legal repercussions for the officer.