SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

dangerous felonies listed in the murder
statute; P.C. § 189. The purpose of the
“felony murder rule” is to deter even
accidental killings by imposing strict
liability on anyone who causes another’s
death while committing any one or more of
the specified felonies. (People v.
Loustaunau (1986) 181 Cal.App.3 rd 163,
170.)
Neither self-defense nor defense of property
is available to one who uses force to resist a
lawful arrest or to deter a lawful entry upon
one’s land. (See P.C. § 693)
Burden of Proof: Under federal law, it has been
held that justification for possessing a firearm
(otherwise illegal under 18 U.S.C. § 922(g)(1)) in
self-defense is an affirmative defense for which the
defendant must prove by a “preponderance of the
evidence” the necessity for doing so. (United States
v. Beasley (9 th Cir. 2003) 346 F.3 rd 930.)
See also CALCRIM # 3471; “Right to Self-
Defense: Mutual Combat or Initial Aggressor.”
Fleeing Felon: The use of “deadly force” to stop a
“dangerous person” fleeing from the scene of a “forcible
and atrocious crime,” or suspected of having committed
such a crime, is legally justifiable. (See Tennessee v.
Garner, (1985) 471 U.S. 1 [85 L.Ed.2 nd 1]; P.C. §§ 196.3,
197.4, above.)
See CALCRIM # 507: “Justifiable Homicide: By
Public Officer.”
An officer may not use deadly force to apprehend a
suspect in those circumstances where the suspect
poses no immediate threat to the officer or others.
But on the other hand, it is constitutionally
reasonable to use deadly force to prevent an escape
whenever an officer has probable cause to believe
that the suspect poses a threat of serious physical
harm, either to the officer or to others. In making
this decision, a court must consider:
© 2012 Robert C. Phillips. All rights reserved
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