What is the test for a police officer to continue shooting after the suspect has stopped being dangerous?
The following excerpt is from State of Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001):
18. Of course, a law enforcement officer must justify every use of deadly force as necessary and proper; he may not keep pulling the trigger, regardless of changed circumstances. We confronted precisely this situation in Hopkins v. Andaya, 958 F.2d 881, 887 (9th Cir. 1992), where the officer kept shooting after the suspect ceased being dangerous. We rejected the officer's claim of qualified immunity, holding that the justification for the use of deadly force does not continue indefinitely. If circumstances change, and the danger abates, it will be unreasonable to continue using deadly force.
18. Of course, a law enforcement officer must justify every use of deadly force as necessary and proper; he may not keep pulling the trigger, regardless of changed circumstances. We confronted precisely this situation in Hopkins v. Andaya, 958 F.2d 881, 887 (9th Cir. 1992), where the officer kept shooting after the suspect ceased being dangerous. We rejected the officer's claim of qualified immunity, holding that the justification for the use of deadly force does not continue indefinitely. If circumstances change, and the danger abates, it will be unreasonable to continue using deadly force.
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