Police Officer Liability in Pursuit of Offenders
POLICE OFFICER LIABILITY IN PURSUIT OF OFFENDERSPolice officers are called to task on many situations that arise within the scope of the responsibilities of their sworn duties. One of these commonly and legally recognized duties is for police officers to stop and apprehend offenders who may flee such an attempted apprehension when the officer has reason to believe an offender may be attempting to resist apprehension thru flight on foot or in a motor vehicle. When flight is made by means of a motor vehicle, this pursuit often takes place at high speeds, in a wide range of areas, usually placing not only the offender at risk, but also the police officer(s) who are called upon to apprehend the suspect who has engaged the officer into doing so. In a landmark case (Lewis v. Sacramento County, 98 F. 3d 434, 436 (CA9 1996). (No. 96-1337), Two teenagers on a motorcycle were the subjects of a high-speed pursuit by a county sheriff's deputy. The chase ended when the motorcycle went over a crest in the road and came to a halt. The deputy saw the motorcycle as he came over the crest of the hill but was unable to stop his vehicle. One of the teenagers was struck at a speed of approximately 40 miles per hour, resulting in his d
I do concur with the issue of police officers maintaining proper procedure in operating their vehicles in accordance with normal state traffic laws. The reason for this I feel, is that police officers are held to a higher standard, and do receive more training, which arguably gives police more freedom within the operation of the police vehicles, however officers should not be able to maintain a 'do as I please' attitude while performing their duties. It is important that basic procedures be followed by officers when operating in an emergency manner. Departments often equip vehicles with an array of warning devices (light bars, strobes, sirens, etc.) and in many cases bright graphics on the cars to project a friendly image, but more important to provide warning to offenders, and the general public. Deputy Smith pursued Willard. In his court testimony: Liability of the officer as an individual is an interesting topic that is recognized as a justification to Criminal Liability. In class the textbook examines another case of Garner Vs. Tennessee, and found in that particular case that In using deadly force to prevent an offender's escape, the officer "was acting under the authority of a Tennessee statute and pursuant to Police Department policy. The statute provides that "[i]f, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest." The Department policy was slightly more restrictive than the statute aforementioned, but still allowed the use of deadly force in cases of burglary. The incident was reviewed by the Memphis Police Firearm's Review Board and presented to a grand jury. Neither took any action .When the Court of Appeals reversed and remanded, it reasoned that the killing of a fleeing suspect is a "seizure" under the Fourth Amendment, and is therefore constitutional only if "reasonable." The Tennessee statute failed as applied to this case because it did not adequately limit the use of deadly force by distinguishing between felonies of different magnitudes. Certainly, high-speed pursuits are a part of the job police officers perform. The decision of a police officer to pursue one resisting arrest is a complicated, quick process that few non-law enforcement civilians can understand the tasks that officers are called upon to perform. What can be done by citizens? Civilians must maintain faith in the ability and training of law enforcement officers and their agencies, while at the same time realizing the tragic implications that high-speed chases may bring.
Some common words found in the essay are:
Supreme Court, Civil Law, Vehicle Code, Sacramento County, County Denver, Tulsa OK, Supreme Court's, OFFENDERS Police, Philip Lewis, Fourth Amendment, law enforcement, police officers, law enforcement officers, enforcement officers, police officer, supreme court, held liable, willful wanton, vehicle operations, vehicle code, county sheriff's, county sheriff's department, hill unable stop, officers able maintain, california vehicle code,
Approximate Word count = 3387
Approximate Pages = 14 (250 words per page double spaced)
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