Case Law & Resources: Missouri
Citation
Issue Presented & Facts
Mattis v. Schnarr, 547 F.2d 1007, 1020 (8th Cir. 1976) (vacated on other grounds by Aschcroft v. Mattis 431 U.S. 171. )
Whether Missouri statutes providing a complete justification defense for law enforcement officers who use deadly force on not-violent fleeing felons is an unconstitutional deprivation of due process.
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Wrongful death action brought by father of deceased. Law enforcement officers used deadly force against suspected burglar after warning suspect to stop, without reasonable belief that the suspect posed any danger to the officers or the community.
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Note: US Supreme Court vacated this decision on procedural grounds of mootness Note: 544.190 remains the law of Missouri.
Holding
Court found MO Rev Stat. §§ 559.040 and 544.190 unconstitutional in that they permit police officers to use deadly force to apprehend a fleeing felon who has used no violence in the commission of the felony and who does not threaten the lives of either the arresting officers or others.
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Reference to MO Rev. Stat. § 544.190.
Polson v. City of Lee's Summit, 535 F. Supp. 555 (W.D. Mo. 1982)
Whether under Missouri law a police officer's shooting of a person violated their constitutional rights when the police officer's entry in to the person's townhouse was illegal.
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Officer entered plaintiff's townhouse without a warrant, and without consent, at the conclusion of a loud party at which marijuana was smoked. Officer discovered several marijuana plants being grown by a co-tenant of plaintiff and thereafter shot and injured plaintiff in a struggle which began when plaintiff fled with the plants and then returned to try to disarm officer.
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Note: the Federal court opined in its review of Missouri state law that in situations where both combatants acted out of fear or misjudgment, Miisouri law "strikes a balance in favor of police officers performing their duties in good faith and without extraordinary disregard of the rights of arrestees."
Court found that under Missouri law, an officer's illegal entry followed by a shooting is not enough on its own to result in tort liability. Missouri law requires that the officer acted vindictively or with gross disregard of the injured party's rights to authorize tort liability.
Case Law
Resources
Citation
Summary and Notes
Common law justifiable homicide for law enforcement does not require consideration of the dangerousness of the suspect. The Supreme Court held in Tenessee v. Garner that use of deadly force without taking into account dangerousness is a 4A violation. Missouri had not conformed its justification statute to the constitutional rule from Garner at the time of the death of Michael Brown.
Relevant Excerpt
As the death of Michael Brown in Ferguson, Missouri brought to light, many states still had the common law rule, either as a matter of statutory law or as a matter of their common law. In some of these states, the actual status of the law regarding police officer use of force was a matter of considerable confusion. In Missouri, police departments by and large followed the Garner rule in their training, and the jury instructions for police officer use of force explicitly referenced the Garner standard. The Missouri statute still followed the common law rule.
Evaluates current law on the use of deadly force by law enforcement. Provides tangible legal recommendations on integrating de-escalation as a required component of a justification defense.
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Metro Police Dept. - City of St. Louis - Special Order
Effective Jul. 15, 2009
The special order requires officers to identify themselves and give a verbal warning whenever possible. The order specifically prohibits "warning shots"
"Before shooting at a suspect, an officer will identify him/herself as an officer and state his/her intent to shoot whenever possible."