The Fatal Shooting of Niani Finlayson: Legal Analysis by Criminal Defense Attorney Brittany LaBerry
Featuring Attorney Brittany LaBerry
November 12, 2024
The fatal shooting of Niani Finlayson in California raises questions of whether the officer who shot her was reasonable in his use of lethal force. Criminal defense attorney Brittany LaBerry reviews the case, analyzes the facts, examines the legal rules surrounding police force, and assesses ways Ms. Finlayson could have acted differently.
Case Summary
Ms. Finlayson called 911, saying a man in her home was restraining her and wouldn’t leave. The call was intense, with sounds of struggle. Police arrived knowing it was a domestic violence call. When officers got there, Ms. Finlayson opened the door while holding an 8-inch kitchen knife, which immediately alarmed the officers.
Why the Police Entered Without a Warrant
In general, police require a warrant to enter a home. However, there are exceptions, such as in cases of “exigent circumstances,” where immediate action is necessary, like when someone’s life is at risk. Since the police heard a violent altercation and received a call for help, they were legally permitted to enter the home without a warrant.
“Exigent circumstances, if they believe that somebody is being hurt or a crime is being committed, they can absolutely break down that door to get in.”
– Attorney LaBerry
What Led to the Shooting
When the police opened the door, Ms. Finlayson told the officers, “I am about to stab him,” referring to the man shown in the footage. That statement, along with her holding the knife, demonstrated a real and immediate threat. Police first contemplated using non-lethal force, as officers are seen with a taser. But when Ms. Finlayson grabbed the man’s arm and raised the knife to stab him, one of the officers fatally shot her.
Was It a Good Shoot?
The question that remains is, was the shooting reasonable? Based on her words and actions, the officer’s use of deadly force was considered justified. While some critics mentioned the officer’s history with previous shootings, the law only looks at what happened in this specific moment.
Pending Civil Lawsuit
Ms. Finlayson’s family is suing the officer and the police department in a civil court for $30 million. However, the lawsuit includes a misstatement, claiming Ms. Finlayson was shot while peacefully sitting down, which video evidence does not support. These inaccuracies will have to be amended, which will likely weaken their case. Attorney LaBerry urges people to wait for genuine evidence, like body camera footage, before making assumptions.
Guidelines for Staying Safe Around Police
Attorney LaBerry gives advice on how to stay safe while interacting with police investigating an emergency call:
- Use reasonable force in self-defense if you are the victim.
- Answer the door in a non-threatening manner.
- Do not engage with the aggressor.
- Do not threaten violence, even verbally.
The officer involved has been laid off and is under investigation, as the lawsuit is still ongoing.
If you’re looking for legal defense for self-defense incidents, Attorneys On Retainer (AOR) is committed to protecting your rights. With AOR, you get fast, direct access to seasoned legal professionals when you need them most. For more information, call 866-404-5112 or email us.
