bucs90
Gold Member
- Feb 25, 2010
- 26,545
- 6,027
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- #21
Before a sniper 'takes aim' efforts are made to have the suspect surrender, no? How may snipers 'accidentally' take out innocents when finally taking the shot? Drones?
While we're now arguing details, the issue is much larger since drones by definition would put US military operating within our borders-no courts needed. US citizens would just have to take the word of politicians that they were doing the right thing. Geez, doesn't that sound so progressive?
Only if it were a military owned/operated drone. If the CIA or FBI or Miami PD owned the drone, then it would not be military.
And yeah, a swat sniper is a last resort. And a sniper missing his shot is extremely rare. They are very well trained, for obvious reasons. And thats a great point, the collateral damage a drone could cause.
But remember, if a drone is used it is not the actual DRONE that is going to be judged in the Use of Force test. It is the weapon, which would be the missile it fires. Im not a drone expert, but, I think they fire a "Hellfire" missile or something? Any military guys here can verify that?
Anyway, the court ruling would be this: Is the use of a Hellfire missile (Whehter from a drone, or F16, or Apache helicopter) be "reasonable and necessary" in this incident?
So, forget the drone itself. Focus on the missile it fires. So, if Miami PD or the CIA or FBI used a drone to fire a missile on a target, then the missile is the test of legality. So, would it be "reasonable and necessary" to fly an Apache helicopter over that house and fire missiles on it? 99.99999999999999999% chances are NO WAY IN HELL would it be.
The case law for use of force being "reasonable and necessary", focus on "necessary", means no other level of LESSER force would work, and thus, making this higher level necessary.
So, if a house has 3 domestic terrorists, and they are working on a plot for the future, and they probably have a couple guns in there, would a drone (aka, a Hellfire Missile strike) be REASONABLE? Absolutely not. A local SWAT team could take that house easily, and the FBI's elite SWAT team surely could even better. Would a Hellfire Missile drone strike be NECESSARY? Absolutely NO. It would not. Lesser levels of force- like a SWAT team entry- would likely work, thus eliminating the "reasonable and necessary" mandate for Use of Force with a drone strike.
You guys are daydreaming way too much about what they can and cant do. Holder, who again I despise, is simply answering the question that every police recruit in history has been confused about in police academy when they ask "When can and cant I shoot someone?" That simple quesiton is so complex, because in LE you cannot say definitely when lethal force is justified. Every incident has all it's own moving parts that must meet the "reasonable and necessary" standard.
So with the above logic, all becomes clear on why the US government via Homeland Security is militarizing police departments throughout the US, 'just in case.' Anyone thinking Hunger Games?
There is a purpose for "just in case" preparation to an extent. I wouldnt advicate SWAT teams getting Apache helicopters. Thats just stupid. But having an armored vehicle to protect them from gunfire? Yeah, why not. The only person who would be worried is a person who would be trying to shoot at a SWAT team.
Police departments began to "militarize" in the 1950's when the national trend was "Professional Policing", which took lots of former military people and made them cops, restructured the police to a paramilitary type force, using rank, uniforms, procedure, etc, like military. WHY? Because of the mass corruption of police in the early 1900's. They wanted to clean up the act, and, while police corruption gets a lot of media attention, it is very rare in scope of how many cops are out there vs how many are actually corrupt. The "militarization" of police has done 10X more good for the US than bad. Most people's biggest complaints about their local cops is that they sometimes see them driving too fast and not wearing a seatbelt, or.....God forbid....spoke to them in too rude or robotic of a manner.