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The other option is that you shot through him and hit a civilian on the other side, that is a very real possibility, especially on that map where it is as tight and civilian packed as it is. It is hard to say without a video, but even then.
Funnily enough, the ROE can be funky to your advantage. If an enemy actively has a weapon up and aimed, even if they're on the other side of a door/wall, etc., and can't see you, you can 100% smoke them. I've gotten quite a few bad guys this way without penalty. Found guys "hunting" or "aimed" at a door and turned them into Swiss cheese without reprisal. I see it as intent. If you're sitting in a corner aimed at a door, it's pretty clear what the intent is.
So apparently I'm just not allowed to use Non-Lethal weapons against suspects who are actively firing at me?
He was alone, there was no bullet pen because Pepperball is basically ranged pepper spray, no civilians were near enough to be hit by the gas, it was just the one guy. Maybe the second shot was considered 'unauthorized' because the first made him surrender? I have no clue, but I feel like extra NL rounds shouldn't count as 'unauthorized'... Better to be sure they're going to comply than to have them fake-surrender and shoot you because you didn't want to hurt their feelings.
It'd be different if they were unarmed, pepper spraying civilians for fun obviously isn't cool, but...
The famous "fake surrender" in the game we all love so much would give you carte blanche to ventilate the suspects body with a dozen rounds in the real world.
Maybe abusing an already restrained suspect or civilian would get you a stern talking to.
You just can not compare them. There are so many more factors to consider in the real world that no developer can realistically work into the game. If an officer involved shooting isn't 10000% clear cut you have hearings, interviews, evidence gathering and analysis that can take weeks to really figure out what went down.
IRL ROE is complicated too.
What they should maybe try (if they haven't already) is have a vector going out of every suspect's gun barrel, if that vector hits a friendly or civilian (within a reasonable distance), regardless of the state the AI is in, it should open up a window to shoot them without penalty.
This and something similar needs to apply to knife wielders. Just yesterday I was playing dorms and a suspect with knife in hand started walking towards me- at about 15 feet- after refusing to drop the knife. She had been tased, beanbagged and sting-naded. Still decided to walk towards the police holding a butcher's knife after being yelled at for 30 seconds straight to drop it.
"uNauThoriZed uSe oF dEadlY fOrce" because the game considered her to just be non-compliant at that moment.
You should see how British police deal with situations like this. :P