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It seems pretty reasonable that a court will decide that "a law enforcement activity" isn't a single point in space but an area that encompasses the situation.
by TOMDM 4y ago
It seems pretty reasonable that a court will decide that "a law enforcement activity" isn't a single point in space but an area that encompasses the situation. From there it's a pretty reasonable expectation that all involved officers are included in that area.
Unless you think it really is just a singular point in which case any large situation makes the distance restriction meaningless...
- zimpenfish 4y ago> "a law enforcement activity" isn't a single point in space but an area that encompasses the situation Obviously it's an area but ... > it's a pretty reasonable expectation that all involved officers are included in that area That doesn't necessarily follow - 2 cops arresting someone whilst 10 are on, say, crowd or traffic control shouldn't include those 10 cops in the LEA because they're not part of the "activity", per se, but supporting actors, no? Same goes for one that wanders away from the arrest - they're no longer an active participant and can't be included in the "activity", surely? (Now, I agree, the courts might well say "wherever cops are is a LEA" but I don't think they'd get away with it without shenanigans like SCOTUS.)