A suspect's 'mere possession' of a firearm does not authorize law enforcement officers to use deadly force, according to a recent opinion by a three-judge panel on the Fourth Circuit Court of Appeals.
A suspect's"mere possession" of a firearm does not authorize law enforcement officers to use deadly force, according to a recent opinion by a three-judge panel on the Fourth Circuit Court of Appeals.
The appeals court sided with the estate of Knibbs last month in saying they should be allowed to bring their case to a trial, arguing a resident has the right under the Fourth Amendment to come to their door with a firearm and that officers must adequately identify themselves to gain qualified immunity.
The deputy claimed he shouted instructions at least three times for Knibbs to put the gun down during his nighttime investigation, though the court clarified that a mere verbal announcement without visual confirmation is not sufficient for an officer to gain qualified immunity. The deputy also approached the rural home during the night of the shooting without turning on his emergency lights and siren.
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