would this be legal in america?

[Calebp]

Here's a video of a psycho with a knife and a hatchet trying to swing at a K-9 unit in Sweden. The dog knocks him down and an officer rushes up and gives him a full swing with the baton. You can actually hear the crack of the baton colliding with his face. While he deserved that, I'm curious as to whether or not it would be considered illegal in America for an officer to hit someone in the head or face with his baton.

EDIT: This website could potentially have some NWS material/banners on it. The video, however, is work-safe.

http://www.fugly.com/videos/5690/Swedish-police-K9-apprehend-maniac-armed-with-knife-and-axe.html


Oh, and while I'm asking questions, are police officers allowed to smoke on duty? I have never seen an officer smoke before.

 

[FordSVTFan]

I watched the video five times and I cant tell where he hit him. The suspects left arm was up and that is a good strike area. If he was aiming for the radial and missed and hit him in the head that is acceptable here. In the U.S. you can not intentionally strike a perp in a vital organ area.

Some depts/agencies do allow officer to smoke on duty.

 

[ROADWARRIORSVT]

In the U.S. you can not intentionally strike a perp in a vital organ area.

Generally this is true, but there are always exceptions. You just have to judge every case on an individual basis. IF the suspect posed a threat to an officer or civilian and deadly force would be considered reasonable and prudent, a baton strike to the head or vital organ would be allowed, at least in my Dept., as long as it can be justified. IE: An assault in progress where the the victims life is is in grave danger and due to proximity, a firearm isn't able to be used, a baton strike to the head may be justified.


I could not tell where the strike landed either. In that situation, the officer may have been attempting a body shot, or the arm with the weapon, but since the suspect was moving around so much, the strike could land in an area other than the intended target. If it did land on his head due to his rapid movement, this would still be acceptable. As long as the head was not the intended target. There are always thousands of variables.

 

[Calebp]

Cool, thanks.

 

[Bullitt995]

I watched the video five times and I cant tell where he hit him. The suspects left arm was up and that is a good strike area. If he was aiming for the radial and missed and hit him in the head that is acceptable here. In the U.S. you can not intentionally strike a perp in a vital organ area.

Some depts/agencies do allow officer to smoke on duty.

I wouldn't consider the brain a vital organ to an idiot. :thumbsup:

 

[spyder1337]

That dog > him.

 

[ford_racer]

Remember, K9 units are considered officers of the law as well.

 

[HalfTime]

Thier are no times on it, but after several trys, I paused it right as the baton contacted his head. A very clean shot. His arm went up as part of the reaction, at the time he was struck, his arm was cought up in the dog.

But deadly force in that situation I'd have to say, the dude had a knife, a axe, and he was swinging it at a officer. What do you think? (The K9 is considered LEO right? I know they are for PMO here.)

 

[Iceman II]

I'd say he is the owner of a severe headache. Man, that had to hurt. Oh well, he asked for it. All he had to do is drop the weapon.

 

[harry gilbert]

.... In the U.S. you can not intentionally strike a perp in a vital organ area.

Is the head considered a vital organ?

 

[FordSVTFan]

Is the head considered a vital organ?

For some people the head and its contents are vital organs. For others the jury is still out :banana:

It is all about intent. If you are using a baton as a deadly weapon you must have some very good articulable reasons for that. A baton is not classified as a deadly weapon, although if used in a certain manner it can be. Just as a radio can be a deadly weapon if used in a certain manner.

The head is not a striking area for the baton when used as a "hard weapon".

 

[04CompSnake]

A couple of .40 pieces of lead would have worked too.

 

[nckissfan]

great video, I love seeing the bad guy get caught. That is a great dog there.

 

[oldmodman]

Remember, K9 units are considered officers of the law as well.

X10

And I never met a working dog that I didn't like. It's sad when they get retired.