I don't think you are grasping the seriousness of the decision that the officer faces. Officers regularly do what they think is legal only to end up making case law down the road. An officer disobeying an order from a judge is going to face some serious potential issues.
Imagine an order to a soldier in the military. The superior tells the subordinate to shoot into a house but the subordinate sees someone innocent in the window. The soldier is faced with a decision to do what he thinks is right vs what he is ordered to do. If he refuses the order he could be court-martialed but is the court going to uphold his decision as refusing an unlawful order or is the court going to punish the soldier because it turned out there was a good reason to shoot into the building regardless of the collateral damage?
Let me ask you this: Can you envision a better system that would deal with how to address individuals who exhibit multiple warning signs that they are about to commit an atrocity?
Personally I haven't come up with a better way yet though I am pushing towards amending the red flag law to provide more protections to the accused.
Take your soldier example and add in children also in the home. LT orders solder to toss a grenade through the window and soldier says no. Or he does it and someone narcs on him in the after action of what they saw.
They teach an ethics course at Annapolis. A pilot is given orders to bomb an enemy convoy. As he makes his bomb run, the vehilces stop and all occupants exit and raise their hands and a white flag. Does the pilot folllow orders or wave off? Say he waves off, now anytime an aircraft approaches, the enemy does the same thing. Only to wait for the plane to run out of fuel, then continue fighting. This was on Nat Geo, a show about the naval academy.
Remember the orders given to german solders in 1936. That almost all obeyed. The courts even ruled that the law was changed and jews were bad. Politicians changed the law and judges upheld the unjust laws.
So cops shouldnt follow orders blindly. The sheriffs in many states said they wont enforce red flags and theyre all still employed.
What shall we do to prevent a mental person from shooting somewhere up? Remove gun free zones and have HPD issue ccw/oc permits. Problem greatly reduced.
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