Law Case Family Dollar Robbery

Melvin Cross

BUAD 381

October 2, 2015

Tamal Banton

Issue: Did Officer White use excessive force when he chose to shoot Nicholas in the back while he tried to escape?

Rule: Excessive force by a law enforcement officer is a violation of a person's constitutional rights. The term excessive force is not precisely defined; however, the use of force greater than that which a reasonable and prudent law enforcement officer would use under the circumstances is generally considered to be excessive. In most cases, the minimum amount force required to achieve a safe and effective outcome during law enforcement procedures is recommended.

Analysis: Considering in most cases that the minimum amount of force that is required to achieve a safe and effective outcome is recommended and the facts stated that Nicholas was fleeing the scene by foot and not posing a threat would show that officer White used excessive force. In the facts previously stated Officer White stated that he noticed three individuals with black hoods and masks on robbing a store with one individual being armed with a box cutter and another individual armed with a gun, however he did not state anything about a third individual. Therefore officer white only knew for sure that two individual suspects were armed and was not even aware of a third individual suspect also in the store. With that being said Officer White also did not state if he could remember exactly how the two suspects looked since considering that they both had on hoodies and masks. Without knowing which two suspects were exactly armed officer white had to make an assumption on which suspect was armed with a box cutter when all three suspects exited the Family Dollar. With the two suspects walking within arms length of the lead suspect armed with a gun and hostage Officer White clearly made an assumption that the suspect who decided to flee on foot was armed with a box cutter and then decided to shoot him three times in the back....