H/T to Huffpost:
The explicit, publicly available policies of the Department of Homeland Security for use of force and deadly force and the 1989 and 1985 Supreme Court cases Graham v. Connor and Tennessee v. Garner, support that reality — along with the locally relevant Minnesota State Statute 609.066.
Let's go dig a little deeper the DHS Department Policy Use of Force document, shall we?
It contains this:
Unless further restricted by DHS Component policy, DHS LEOs are permitted to use force to control subjects in the course of their official duties as authorized by law, and in defense of themselves and others. In doing so, a LEO shall use only the force that is objectively reasonable in light of the facts and circumstances confronting him or her at the time force is applied. [Bolding in original]
And this:
DHS LEOs should seek to employ tactics and techniques that effectively bring an incident under control while promoting the safety of LEOs and the public, and that minimize the risk of unintended injury or serious property damage. DHS LEOs should also avoid intentionally and unreasonably placing themselves in positions in which they have no alternative to using deadly force.
And this:
As soon as practicable following a use of force and the end of any perceived public safety threat, DHS LEOs shall obtain appropriate medical assistance for any subject who has visible or apparent injuries, complains of being injured, or requests medical attention. This may include rendering first aid if properly trained and equipped to do so, requesting emergency medical services, and/or arranging transportation to an appropriate medical facility.
And this:
A DHS LEO may use deadly force only when the LEO has a reasonable belief that the subject of such force poses an imminent threat of death or serious bodily injury to the LEO or to another person.
And this:
Fleeing Subjects: Deadly force shall not be used solely to prevent the escape of a fleeing subject. However, deadly force is authorized to prevent the escape of a fleeing subject where the LEO has a reasonable belief that the subject poses a significant threat of death or serious physical harm to the LEO or others and such force is necessary to prevent escape. [Underline in original]
And this:
DHS LEOs are prohibited from discharging firearms at the operator of a moving vehicle, vessel, aircraft, or other conveyance unless the use of deadly force against the operator is justified under the standards articulated elsewhere in this policy. Before using deadly force under these circumstances, the LEO must take into consideration the hazards that may be posed to law enforcement and innocent bystanders by an out-of- control conveyance.
So the shooter should not have put himself in a position where he might have to use deadly force and Trump's ICE crew should have rendered medical care to the woman one of them just shot. They should not have shot at the car if they thought shooting it would stop the woman from fleeing.
Trump's ICE killed an American citizen.
