shooting someone while fleeing

[travisww]

got into this argument with a friend can you shoot someone in the back while fleeing in the state of florida

[marinepilot]

got into this argument with a friend can you shoot someone in the back while fleeing in the state of florida

Short answer is yes, but there's lots of things to consider. For instance, the person fleeing has to be a violent felon, as in having just caused death or great bodily harm, and you believe that he or she is going to cause more death or great bodily harm if not stopped immediately. Also, you have to consider the environment and if you can take the shot without possibly hitting a bystander if you miss.

An example would be you arrive at a bank robbery and hear see people inside being shot by said bad guy. If he gets out with the gun and begins running away, and you can take the shot safely as far as the public is concerned, then it may be okay to shoot.

[Samuel]

got into this argument with a friend can you shoot someone in the back while fleeing in the state of florida

who is "you" and is "you" fleeing or is "someone" fleeing from whomever "you" is?

Google Tennessee vs Garner...

[scott715us]

Marine and Samuel summed it up pretty well. Regardless of the state you're in, if you can articulate that the person is an imminent threat to you or others (serious bodily injury or death), then yes you can.

[cntryboy0531]

Short answer is yes, but there's lots of things to consider. For instance, the person fleeing has to be a violent felon, as in having just caused death or great bodily harm, and you believe that he or she is going to cause more death or great bodily harm if not stopped immediately. Also, you have to consider the environment and if you can take the shot without possibly hitting a bystander if you miss.

An example would be you arrive at a bank robbery and hear see people inside being shot by said bad guy. If he gets out with the gun and begins running away, and you can take the shot safely as far as the public is concerned, then it may be okay to shoot.

I'll go with that as well.

[mcsap]

got into this argument with a friend can you shoot someone in the back while fleeing in the state of florida

YOU can't but a Police Officer can ( depending on the circumstances).

[Kimble]

The Supreme Court decision in TN vs Garner actually covers this very topic, give it a read if you're really interested. There's actually a pretty good summary of the case on Wikipedia.

[marinepilot]

YOU can't but a Police Officer can ( depending on the circumstances).

Yes, please amend my answer to show that those are the circumstances for an LEO to shoot a fleeing felon, NOT an armed civilian.

[icu650]

can you shoot someone in the back while fleeing in the state of florida

I know your question was about fleeing but there are crimes in which deadly physical force can be used to prevent the crime from happening (NY unless it has been changed) These crimes are Arson and Rape. Example; A person is about to throw a lighted Molotov cocktail into a crowded NY bar-deadly physical force is authorized (as long as you are not going to shoot someone else). Rape has to be to prevent penetration. If the person already threw the Molotov cocktail then deadly physical force is not authorized. You must then make the arrest normally and use only necessary force needed. If he flees from committing the arson , then you have the fleeing felon clauses.

Just because the law says you can use deadly physical force that does not mean you cannot be held liable for killing or injuring another person by being reckless.