James Bogen Ask an Attorney columnist Click here for Ask an Attorney archives
An Update on the Law on High-Speed Police Pursuits
Last April, the U.S. Supreme Court gave police officers significant protection from lawsuits by suspects who lead them on high-speed pursuits in the case of Scott v. Harris.  In an 8-1 decision, the Court ruled against a teenager who was left a quadriplegic after an officer forced his car off the road using one of the techniques that officers are trained to utilize in these situations.
This case was the first time the Court heard a case involving the use of this kind of force in police pursuits.  The Court stated in its opinion that the pursuit that the teenager initiated "posed substantial and immediate risk of physical injury to others," thereby making the officer's actions attempt to terminate the pursuit by forcing the teenager off the road reasonable.  I should note here that officers are trained in different techniques to force fleeing suspects off the road in pursuits, just like they are trained to use firearms and batons.  They are not trained to just turn pursuits into bumper-car free-for-alls.
One unusual aspect of this case is that eight of the nine justices actually reviewed the 6-minute video of the pursuit, and it appeared to influence their decision.  The lone dissenter, Justice Stevens, stated that the other justices "were unduly frightened by two or three images on the tape."  Given the detail of the video described in the opinion, it would appear that it contains more than just "two or three frightening images."  I have handled a number of these cases, and I can assure you that videos of pursuits typically contain more that just "two or three" such images.  It is actually refreshing to see an appellate court demonstrate that they are not just locking themselves into an ivory tower when deciding a case.
As I stated in a previous column about police pursuits, it should be remembered that these pursuits are caused by the actions of criminals who have no regard for the law or the safety of others. Until dangerous criminals start flocking to police stations to turn themselves in, critics of police pursuits need to realize that they are a necessary part of police work.
James Bogen is an attorney in solo practice in Cincinnati.  Any questions or comments can be directed to Mr. Bogen at attorneybogen@yahoo.com.
					,