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Please identify all of the legal issues presented and discuss fully 5) On the morning of lanuary 29, 2007, Linden State Police tice Michael Moss und Edward Brown were on patrol when a call alerted them to an ongoing bankrobbery. Moss and brown drove to Chemical Bank on 31st Street and Broadway in Springfield, Under the responded, one of the robbers, Sidney Fisher, fired at them with a large semi-automatic handgun before fleeing or along Broadway with the officers in pursuit Meanwhile, Transit Offices Romaid Bouman and Anthony Savarese were on patrol in the vicinity when they received a radio transmission regarding the router and they immediately saw the gunman tunning toward them. They exchanged shots, and the robber continued his flight to and alone West End Avenue and the toward ide ut. Duis chose numerous shots were fired by the robber as well as by police shots at the robber, despite some being fired from relatively short distances. Boman was het in his bulletproof vest but was the robber passed 202 Riverside Drive, he grated Bonnie Vargas, who had just sted her parent building. By now, police officers Patrick White, lose Brewela, Silvano bra, Eugene er and Michael Sosa were also responding from the nearby 20th precinct. By this time, there was bad against 202 Riverside Drive, which was endosed by a fence. He was sumounded on his erhides by police officers. The robber held Ms. Vargas in a chokehold as he wave ishadigan towards officers. Clearly, he had nowhere to go, the fight and pursuit were over, and there and the police were in a standoff Capture of the gunman was prevented only by the fact of the hostage shouted just look around, there's no place to go, it's over, just put down your not robber subsequently fired in the general direction of police, they were behind cars and other obstructions and they did not return fire at this time. No cas, other than the hot were open or otherwise exposed to gunfire from the robber at this time. As the standoff continued Officer White maneuvered his way from across the street to the south side of Riverside Drive, about 10 or 15 feet from where the robber was located. Around this time, the robber started to slowly maneuver toward Riverside Drive. The robber held the hostage in front of him, but was not pointing an ather head or chest. While under cover of a parked cat, White positioned himself to treat the gunman. The events that followed are less than clear in particular details, owing to different points of observation by different officers and varying degrees of recall regarding split-second occurrences, but a poneral narrative can be discerned. From the outset, no ranking officer gave orders. As officer white stood and positioned himself, the robber shot in his direction. Although White was uninjured, Officer Kostner misapprehending what White was doing thought that white had been hit and consequently had fallen between parked cars. White stated that he had intentionally ducked. Kastnet, thinking he was returning fire when an officer was down, shot at the robber. These shots initiated a volley of gunfire by the robber and other officers who hearing the shots, believed that a gun battle had commenced, Kastner believed that the next shot was fired by Set. Venezia, a ranking officer, who, rather than taking command, simply Joined in the shooting. Although Kastner stated that he thought that the hostage had been able to break away, he also stated that the robber was still using the hostage as a shield when he shot at the robber Officer Brizuela thought that the hostage either tripped or fell when the firing began, and he fired four shots as he ran toward the robber. He also stated that no one took command and no orders had been given. Officer Brajuha thought that the hostage managed to move a couple of steps away when the firing began. Brajuha admits that it would violate standard police procedure for any officer to fire a weapon while a suspect held a hostage. Bauman, too, acknowledged that standard police procedures prohibit an officer from firing of doing so would place an innocent person in jeopardy. He initially withheld his fire because of the hostage and noted that all officers were adequately protected and that the robber never pointed his gun at the hostage or seemed to threaten her directly. However, upon hearing the shooting. Bauman also started shooting. Bauman himself fired 13 to 15 rounds. Officer Sosa also initially declined to return fire, fearing that the hostage would be struck. But when he saw Brizuela fire, Sosa changed position and began firing. Sosa admitted having had no idea where the hostage was at that time. Sosa stated that no one took command and no orders were given. Sergeant Savarese stated that he did not fire because he thought that the hostage was too close to the robber. Savarese 5) On the morning of January 29, 2007, Linden State Police ("LSP") officers Michael Moss and Edward Brown were on patrol when a call alerted them to an ongoing bank robbery. Moss and Brown drove to Chemical Bank on 91st Street and Broadway in Springfield, Linden. As they responded, one of the robbers, Sidney Fisher, fired at them with a large semi-automatic handgun before fleeing north along Broadway with the officers in pursuit. Meanwhile, Transit Officers Ronald Bauman and Anthony Savarese were on patrol in the vicinity when they received a radio transmission regarding the robbery. and they immediately saw the gunman running toward them. They exchanged shots, and the robber continued his flight to and along West End Avenue and then toward Riverside Drive. During this chase. numerous shots were fired by the robber as well as by police. No shots hit the robber, despite some being fired from relatively short distances. Bauman was hit in his bulletproof vest but was uninjured. As the robber passed 202 Riverside Drive, he grabbed Bonnie Vargas, who had just exited her apartment building. By now, police officers Patrick White, lose Brituela, Silvano Brajuha, Eugene Kastner and Michael Sosa were also responding from the nearby 24th precinct. By this time, the robber was backed against 202 Riverside Drive, which was enclosed by a fence. He was surrounded on his other three sides by police officers. The robber held Ms. Vargas in a chokehold as he waved his handgun toward the officers. Clearly, he had nowhere to go, the flight and pursuit were over, and the robber and the police were in a standoff. Capture of the gunman was prevented only by the fact of the hostage. Bauman shouted "just look around, there's no place to go, it's over, just put down your gun. Although the robber subsequently fired in the general direction of police, they were all behind cars and other obstructions and they did not return fire at this time. No civilians, other than the hostage, were in the open or otherwise exposed to gunfire from the robber at this time. As the standoff continued, Officer White maneuvered his way from across the street to the south side of Riverside Drive, about 10 or 15 feet from where the robber was located. Around this time, the robber started to slowly maneuver toward Riverside Drive. The robber held the hostage in front of him, but was not pointing a gun at her head or chest. While under cover of a parked car, White positioned himself to fire at the gunman. The events that followed are less than clear in particular details, owing to different points of observation by different officers and varying degrees of recall regarding split-second occurrences, but a general narrative can be discerned. From the outset, no ranking officer gave orders. As officer White stood and positioned himself, the robber shot in his direction. Although White was uninjured, Officer Kasteet misapprehending what White was doing thought that White had been hit and consequently had fallen between parked cars. White stated that he had intentionally ducked. Kastner, thinking he was returning fire when an officer was down, shot at the robber. These shots initiated a volley of gunfire by the robber and other officers who, hearing the shots, believed that a gun battle had commenced. Kastner believed that the next shot was fired by Sgt. Venezia, a ranking officer, who, rather than taking command, simply joined in the shooting. Although Kastner stated that he thought that the hostage had been able to break away, he also stated that the robber was still using the hostage as a shield when he shot at the robber. Officer Brizuela thought that the hostage either tripped or fell when the firing began, and he fired four shots as he ran toward the robber. He also stated that no one took command and no orders had been given. Officer Brajuha thought that the hostage managed to move a couple of steps away when the firing began. Brajuha admits that it would violate standard police procedure for any officer to fire a weapon while a suspect held a hostage. Bauman, too, acknowledged that standard police procedures prohibit an officer from firing if doing so would place an innocent person in jeopardy. He initially withheld his fire because of the hostage and noted that all officers were adequately protected and that the robber never pointed his gun at the hostage or seemed to threaten her directly. However, upon hearing the shooting. Bauman also started shooting. Bauman himself fired 13 to 15 rounds. Officer Sosa also initially declined to return fire, fearing that the hostage would be struck. But when he saw Brizuela fire, Sosa changed position and began firing. Sosa admitted having had no idea where the hostage was at that time. Sosa stated that no one took command and no orders were given. Sergeant Savarese stated that he did not fire because he thought that the hostage was too close to the robber. Savarese