LEGAL LIABILITY and POLICE PURSUITS

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LEGAL LIABILITY and POLICE
PURSUITS

• Creg G. Datig
• Director
• Traffic Safety Resource Prosecutor Program

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LIABILITY forPOLICE CONDUCT?

• Officer attempts to stop speeding motorist during
  nighttime hours. Suspect flees, manages to evade
  several pursuing officers who attempt to stop him
  after he pulls into a parking lot. Suspect then
  leads officers on high-speed chase over 10 miles,
  driving on wrong side of road, running other cars
  off road, and running multiple red lights. To
  end pursuit, officer hits rear of suspect car
  with his push bumper. Suspect loses control,
  crashes, is seriously injured.

3
LIABILITY forPOLICE CONDUCT?

• Officer stops vehicle occupied by 2 people.
  Suspect (driver) tells officer he is giving
  passenger a lift home, but admits he is not
  validly licensed. Dispatch informs officer that
  suspect has outstanding FTA warrant for petty
  theft. Officer tells suspect hes going to jail
  suspect tells officer to pick him up at his home,
  and leaves. High-speed chase through residential
  area ensues, officer rams suspects car several
  times. Suspect loses control, crashes. Passenger
  in suspects car is killed.

4
LIABILITY forPOLICE CONDUCT?

• Deputy sheriff pursues speeding motorist, but
  fails to activate patrol car emergency lights and
  siren. Suspect motorist runs a red light at high
  speed, hitting another car and killing or
  injuring its passengers.

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FEDERAL LIABILITYConstitutional Basis

• The right of the people to be secure
• against unreasonable searches and seizures,
  shall not be violated
• U.S. Constitution, Amendment IV

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FEDERAL LIABILITYStatutory

• 42 USC Section 1983
• Civil action for deprivation of rights
• Every person who, under color of any statute,
  ordinance, regulation of any State subjects, or
  causes to be subjected, any citizen of the United
  States or other person to the deprivation of any
  rights, privileges, or immunities secured by the
  Constitution and laws, shall be liable to the
  party injured in an action at law

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FOURTH AMENDMENTSeizure

• A Fourth Amendment seizure occurs when there is
  a governmental termination of freedom of movement
  through means intentionally applied.
• -Brower v. County of Inyo (1989), U.S. Supreme
  Court
• Police roadblocks, ramming with patrol car, PIT
  maneuvers, etc. Seizures (Brower)
• High-speed pursuit alone is not a seizure under
  federal law
• -Galas v. McKee (1986), Federal 6th Circuit
  Court of Appeals

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FEDERAL Qualified Immunity Rule

• Government officials generally are shielded from
  liability for civil damages insofar as their
  conduct does not violate clearly established
  statutory or Constitutional rights of which a
  reasonable person would have known.
• -Harlow v. Fitzgerald (1982) U.S. Supreme Court

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IMMUNITY ISSUES

• FIRST Did the officers conduct violate
  suspects Constitutional rights (e.g., was
  excessive force used)?
• SECOND Would (should) it have been clear to a
  reasonable officer that his or her conduct was
  unlawful (unreasonable) under the circumstances?
• -Saucier v. Katz (2001) U.S. Supreme Court

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POLICE PURSUITSU.S. Supreme Court Sets the Rule

• SCOTT v. HARRIS (2007)
• ISSUE Can an officer take actions that place a
  fleeing motorist at risk of serious injury or
  death in order to stop the motorists flight from
  endangering the lives of innocent bystanders?

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POLICE PURSUITSU.S. Supreme Court Sets the Rule

• WERE SUSPECTS FOURTH AMENDMENT RIGHTS (freedom
  from unreasonable seizure) VIOLATED?
• Question Were the officers actions reasonable,
  considering the risk of bodily harm to the
  suspect that his actions posed when balanced
  against the threat to the public that the officer
  was trying to eliminate?

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THE RULE

• A police officers attempt to terminate a
  dangerous high-speed car chase that threatens the
  lives of innocent bystanders does not violate the
  Fourth Amendment, even when it places the fleeing
  motorist at risk of serious injury or death.
• Officer entitled to immunity from lawsuit

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STATE LAW LIABILITYCivil and Criminal
Considerations

• CIVIL LIABILITY ISSUES
• Emergency vehicle operator exemption from traffic
  laws / rules of the road
• Subject to Conditions, e.g. emergency situation,
  lights siren, etc.
• Drivers Duty of Due Regard
• Public agency liability for operators negligence
  (failure to show due regard)
• Effect of Agency Pursuit Policy Adoption

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STATE LAW LIABILITYCivil and Criminal
Considerations

• CRIMINAL LIABILITY ISSUES
• Effect of officers failure to show due regard
  negligent conduct
• Potential criminal charges against officer
• Criminal charges against fleeing suspect
• Vehicular Homicide (if applicable)
• Evading / Resisting
• Reckless Driving

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THE TSRP PROGRAM

• DOING JUSTICE
• PROTECTING LIVES
• Funding for this program provided by a grant from
  the California Office of Traffic Safety, through
  NHTSA