- California wants to change their legal standard from the “reasonable force” rule to “necessary force,” according to the Associated Press.
They define "necessary force" as force used when “there were no other reasonable alternatives to the use of deadly force.”
This initially seems close to the old standard, as they both require reasonableness. However, it does not allow for the officers to use force based on how circumstances appear to them at the time. Instead, it allows the officer to be judged in hindsight if the force was actually necessary.
For example, if a suspect pulls a pellet gun on an officer, they are not actually presenting a deadly threat. The officer would have no reasonable way to know that the gun isn't a lethal firearm, but under the new law, they could be charged if they shoot that suspect.
This law would also appear to apply if somebody pulled an unloaded gun on an officer, or drew a malfunctioning gun. In these circumstance, unbeknownst to the officer, the suspect is not actually presenting a deadly threat. If the officer reasonably responds by shooting that person, they could be criminally charged.
Get out while you can.
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