In Hot Pursuit: There are Numerous Concerns that an Officer Must Consider Before Putting the Pedal to the Medal

• NCJ Number: 196910
• Journal: Police: The Law Enforcement Magazine Volume: 26 Issue: 7 Dated: July 2002 Pages: 66-67
• Author(s): Steven D. Blades
• Date Published: July 2002
• Length: 2 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses concerns related to police high-speed pursuits.

Abstract

Recent media attention given to high-speed pursuits resulting in death and serious injury has generated public concern about the safety of police chases. The American Civil Liberties Union and Stop the Tragedies of Police Pursuits (STOPP) have advocated for the prohibition of pursuits or for State legislatures to revoke immunity statutes protecting officers from civil liability. Police pursuits are a necessary part of police work and should not be banned. Officers should be aware of the potential danger and stop pursuits when the risk of injury outweighs the benefit of catching the suspect. Where the police officer directly causes an injury to a citizen, the officer or agency can be civilly liable under negligence principles. The most common type of lawsuit arises when the suspect injures a third party uninvolved in the pursuit. When a suspect is injured by an officer during the course of a pursuit, Federal courts require a high degree of culpability before finding the officer liable. Some tactics used by officers during a pursuit can result in a determination that deadly force was used. Most police departments have established policies governing high-speed pursuits. The overwhelming majority of these departments permit their officers to pursue any criminal suspect, regardless of the underlying offense. Most all departments that permit pursuits require an officer to balance the need for immediate apprehension of the suspect against the danger to the public. The need for immediate apprehension is determined by the seriousness of the offense and the danger created by a suspect’s actions during the pursuit. A difficult decision facing police officers is whether to pursue suspected drunk drivers. The overwhelming majority of people killed in police pursuits are the pursued suspects. A ban on police pursuits would likely result in an increase of crime.