{"id":46570,"date":"2020-12-27T00:03:49","date_gmt":"2020-12-27T05:03:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46570"},"modified":"2020-12-24T08:31:16","modified_gmt":"2020-12-24T13:31:16","slug":"ca8-pulling-a-gun-on-officers-in-pursuit-justified-deadly-force","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46570","title":{"rendered":"CA8: Pulling a gun on officers in pursuit justified deadly force"},"content":{"rendered":"\n<p>Plaintiff\u2019s decedent\u2019s vehicle was stopped as part of a pseudoephedrine buying investigation. A shotgun was admitted to being in the truck, and decedent repeatedly reached to his waist. Officers got him out, but, as soon as he hit the ground, he struggled and broke away and ran. He was stopped by the police dog but pulled a gun, and pointed it toward officers. \u201cHere, Garringer and Jones reasonably believed Gossman posed a serious threat to their safety and that deadly force was justified. When Bane caught him, Gossman drew a handgun. That drawn handgun \u2018pose[d] a threat of serious physical harm\u2019 to the officers and justified their use of deadly force against Gossman.\u201d It matters not that one of the officers erroneously thought decedent fired his gun. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/20\/12\/192323P.pdf\">McElree v. City of Cedar Rapids<\/a>, 2020 U.S. App. LEXIS 40217 (8th Cir. Dec. 23, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff\u2019s decedent\u2019s vehicle was stopped as part of a pseudoephedrine buying investigation. A shotgun was admitted to being in the truck, and decedent repeatedly reached to his waist. Officers got him out, but, as soon as he hit the ground, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46570\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52],"tags":[],"class_list":["post-46570","post","type-post","status-publish","format-standard","hentry","category-excessive-force"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46570","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46570"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46570\/revisions"}],"predecessor-version":[{"id":46571,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46570\/revisions\/46571"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46570"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46570"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}