- In March, 2001, a Georgia police officer clocked 19 year old Victor Harris driving 73mph in a 55mph zone
- After refusing to pull over and continuing to speed away officer Timothy Scott took over as the lead pursuit car
- After several miles of a 85+mph chase officer Scott sped up and performed a PIT maneuver that sent the vehicle of Victor Harris crashing into the side of the road
- Harris sustained injuries from this crash that would leave him paralyzed from the waist down.
- Harris later sued Officer Scott on the grounds that it was an unreasonable seizure and use of deadly force.
YouTube
Video 1
Video 2
Must Be Reasonable.
Laws:
A reasonable person must see the threat of force as reasonably threatening ones life in order to use deadly physical force to protect yourself.
For Example:
- If someone is threatening an officers life with a deadly weapon such as a gun or knife the officer may use deadly physical force to stop the threat.
- But if someone is threatening an officers life with something non-lethal like a banana then the officer may not use deadly physical force such as a gun to stop him.
- The use of deadly physical force is justified when there is an immediate and unavoidable threat of death or serious physical harm to yourself or others.
- Deadly force can be used in situations of self defense, self defense of others, crime prevention, and law enforcement.
Procedures used by Police
- In most jurisdictions deadly physical force is only justified under conditions of extreme necessity and is the last resort after all other options have been exhausted
Task:
- U.S. law requires an investigation whenever a law enforcement officer uses deadly physical force that causes someones death. this may include determining whether the officers use of deadly force was appropriate under the circumstances.
- An investigation is usually preformed by a larger police agency. a report of the findings of such an investigation may be submitted for prosecution and made public.
Describe the laws and procedures involving the use of deadly physical force by police in the United States.
Deadly physical force is defined as force that when used in its circumstance is readily capable of causing serious physical injury or death.
Results of the case
- The supreme court found that the Tennessee law regarding deadly physical force failed to protect the 4th Amendment right of its citizens
- From that point forth from this case law enacted a police officer may only use deadly physical force when themselves or others are threatened with death or serious physical injury.
Tennessee VS Garner
Garners father later brought forward a law suit on the means that the use of force was unreasonable and therefore a unlawful seizure
Justice White Stated:
- "it is not better that all felony suspects die then that they escape. where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so "
- " It is no doubt unfortunate when suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect. a police officer may not seize an unarmed, non- dangerous suspect by shooting him dead"
At about 10:45 pm on October 3rd, 1974, two Memphis police officers responded to the scene of a reported burglary. Officer Hymon went around back of the house where he saw the suspect Edward Garner attempting to flee. After the Officer identified himself as police and demanded he halt, Garner began to attempt to climb and flee over the 6ft chain link fence. Officer Hymon then used his weapon and shot Garner in the back of the head. He was later pronounced dead.
Court Cases
Prior to 1985 it was common law that deadly physical force is permitted in the circumstance that someone is suspected of committing a felony and clearly attempting to flee.
Deadly Physical Force
By Michael Krukowski
Scott vs Harris
Outcome of case...
In an 8-1 decision the supreme court sided with the officer. They stated that a officer has a right to terminate a car chase using deadly physical force when the chase is a potential danger to the lives of innocent bystanders.