When does an officer have the right to pull a weapon on someone?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When does an officer have the right to pull a weapon on someone?
I am facing pending criminal charges of for the sale and delivery of 7 Schedule 2 pills. The situation was actually a set-up by an informant. Did the officer have a right to pull a gun on me? I was sitting in the car, next thing I know, my door was opened and I had a gun at my face.
Asked on November 29, 2011 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While there are guidelines for the use of deadly force (e.g. self-defense; defense of others), I don't believe there are firm guidelines for exactly when an officer may, or may not, pull out his weapon. Generally speaking, if there was *any* reason to suspect that the officer might be met by armed resistance, his pulling a gun would likely be justified--and since drug sales often involve weapons and violence, it is likely that when arresting someone for a drug sale, that drawing a weapon is justified.
Even if drawing the weapon were not justified, it is not clear what that would do for you: you can't sue if you were not injured; it would not invalidate a search or cause evidence to be excluded; it would not dismiss the charges; etc.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.