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The Capitol Police internal affairs unit is investigating the shooting. The main issues are likely to be whether police thought Carey had a bomb and whether they gave any warning to Carey that they were going to shoot.
The International Association of Chiefs of Police in 2005 issued standards for how to deal with suspected suicide bombers, where officers are not required to wait until threat is imminent before firing. Since 2004, the US Capitol Police have been trained to shoot suspected bombers who refuse to stop and be searched.
The Supreme Court, meanwhile, ruled in Tennessee v. Garner that it’s not an unreasonable reading of the US Constitution to allow officers to shoot if they have a serious suspicion that the suspect intends to do serious physical harm. The court said warning should be given “where feasible.”
By the time Carey was shot and killed, she had already hurt two police officers – a secret service officer struck by her car as she raced away from the White House, and a Capitol Police officer who was injured when his squad car struck a barricade during the mile-and-a-half chase.