Deadly Force to Stop Chases OK
We're not betting on a policy change here in Chicago, but the US Supreme Court says it's legal:
- A new Supreme Court decision has been added to the ongoing controversy in law enforcement circles about whether officers should be permitted by policy to shoot at moving vehicles. Last week, the U.S. Supreme Court ruled that officers were justified in firing fatal rounds at a driver to end a dangerous high-speed chase. Further, the court declared, the officers were not guilty of excessive force for sending a fusillade at the offender’s vehicle — 15 shots in all.
“The Supreme Court is making it clear that the Fourth amendment allows the use of deadly force to stop drivers in those exceptional cases when their actions pose a very serious threat to public safety,” says police attorney Bill Everett, a legal consultant to the Force Science Institute. “By limiting legal liability in these circumstances, the Court is allowing agencies to put more emphasis on keeping the public safe when developing their policies.”
That sobbing noise is the lawyers over at Loevy and Loevy gnashing their teeth at a possible revenue stream being cauterized.
You can read the PoliceOne.com article at this link here. Again, don't count on any changes here, but in a worst case scenario, the decision might keep a cop out of jail for a justifiable use of force.
You can read the PoliceOne.com article at this link here. Again, don't count on any changes here, but in a worst case scenario, the decision might keep a cop out of jail for a justifiable use of force.
Labels: info for the police
25 Comments:
This news needs to be passed along in all the bad neighborhoods, maybe they will heed the courts ruling.
Don't bet that it will stop the ambulance chasers. They will find a way to argue around it.
SCC said :
were not guilty of excessive force for sending a fusillade at the offender’s vehicle — 15 shots in all.
Got to love it when you can work fusillade into a sentence.
Plus maybe the Supreme Court got it's head out of it's ass. Nah, just some correct thinking for a change. Well done.
Not LEO, son of one....
Verily and Amen SCC...
Not only keep a copper out of jail but enabling him to keep the Loevy Boys out of a copper's pockets.
Be mindful... Just because judicious reading of the law and vigorous application of common sense can exist everywhere else doesn't mean that it stands a chance of existing here in the land of abject political fuckery and pandering to key dumbocratic, catered to and protected constituencies.
The nasty-assed, traitorous liberal left are mourning this blow for law and order.
+1 for the good guys.
The city of Chicago needs to fight these frivolous lawsuits that the gang bangers and their crooked lawyers file. It would save the city money because their would be less lawsuits.
Rahm are you taking notes ???
Illinois will still prosecute. They think federal law does not apply to them.
Nope you need a warrant to search a cell phone
http://www.scotusblog.com/2014/06/opinion-analysis-broad-cloak-of-privacy-for-cellphones/
Yea OK won't happen here.
Good. Remember one maniac driving 60 up the broad sidewalks on Irving Park by Austin -- had rammed squad cars, tried to run over ofc., etc. Good thing the Polish church by there was not letting out at the time...
"Fusillade?" S__t. LAWS rocket would be appropriate to stop the threat. We did say "STOP!", din' we?
only a fool will chase
9-0…even ultra left wingers ginsburg and breyer got on board with this decision. that will never be overturned!
Illinois will still prosecute. They think federal law does not apply to them.
7/01/2014 06:52:00 AM
Supreme Court decisions do not apply to states if it is a matter of interpretation of the state's constitution. Supreme Court decisions regarding constitutional issues do apply to a state, but the supremacy clause only mandates that the decision is a minimum. Meaning that if the decision is affording a right, state's cannot fall below but they can afford more protections. So if the Supreme Court rules that the police can shoot a car, then there can be no 4th amendment violation actions brought. BUT the state can say that such an action under its own constitution DOES violate a right guaranteed under the state and prosecute that way. So while there can be no federal question lawsuits, there can be state actions. And home rule allows municipalities to attach even more "protections"…kind of like how we need to get out of the way and shoot only as a last option. So the 2nd Amendment allows right to bear arms. It gets confusing, and even con law professors have a hard time with it…but given our lovely state, Im going to err on the side of caution and NOT shoot unless thee literally is no other way out.
The city of Chicago needs to fight these frivolous lawsuits that the gang bangers and their crooked lawyers file. It would save the city money because their would be less lawsuits.
*****************************
says the guy who has never been sued, or has not been sued in a long time. If your the one they are going after feel free to settle the case away... I for one have no problem with it. Watch what you wish for, the stress of dealing with a lawsuit of 4 or 5 years is not worth saving the city money.. dont forget, when it comes to the city and you its all about you, not the city. Feel free to settle my pending lawsuits...
The revrunts will see if the mayor and the boys of Springfield can
exempt Chicago from this edict or
com-up with a work-around that they
(the revrunts) can live with.
The city NEEDS to fight "Loevy and Loevy" and their slime at every chance!
NEVER settle with these scumbags!
Loevy and Loevy and most Defense Lawyers, are the true criminals of the criminal justice system by gaming the system and NOT really seeking the truth!
Just look at the filthy lawyers trolling the halls of the criminal and traffic courts!
These lawyers leave a trail of rat pee in their wake!
SCC said :
"were not guilty of excessive force for sending a fusillade at the offender’s vehicle — 15 shots in all."
Work in "Salvo" for 2015
Go ahead Mr. Crotch Rocket. Make my day!
US Court: Mexicans Can Sue Border Patrol Agent Who Killed Their Rock-Throwing Son
TUCSON, Arizona--The US 5th Circuit Court of Appeals ruled on Monday that the parents of Sergio Hernandez, a 15 year-old Mexican teenager who was shot and killed by Border Patrol Agent Jesus Mesa on June 7, 2010, could sue Mesa in US civil court for alleged excessive use of force. This was a reversal of the initial judgment made in Mesa’s favor in the lower Western District Court in El Paso, TX.
over 1/2 of the attorneys at Lovey and Lovey used to work for Corporation consul. This is why they do so well, they know how the system works. They know exactly how much the city will settle for before they even file the paperwork...
Anonymous said...
SCC said :
were not guilty of excessive force for sending a fusillade at the offender’s vehicle — 15 shots in all.
Got to love it when you can work fusillade into a sentence.
Plus maybe the Supreme Court got it's head out of it's ass. Nah, just some correct thinking for a change. Well done.
Not LEO, son of one....
7/01/2014 12:47:00 AM
Hey, they guy had to pay for that expensive "Roget's Thesaurus" somehow. I guess he found that way.
Anonymous said...
9-0…even ultra left wingers ginsburg and breyer got on board with this decision. that will never be overturned!
7/01/2014 02:46:00 PM
Even if it was 5-4 it wouldn't be overturned. It's the Supreme Court, there is no higher court to overturn.
The city NEEDS to fight "Loevy and Loevy" and their slime at every chance!
Hire them to represent us as Bargaining Agents...
"Supreme Court decisions do not apply to states if it is a matter of interpretation of the state's constitution. Supreme Court decisions regarding constitutional issues do apply to a state,..."
While correct, the issue for police (and usually the slithering lawyers) is whether you're going to be on the receiving end of a 1983 action, not a state tort action, or even a state civil rights claim (it's all about the money for the plaintiff's attorney). This SCOTUS decision severly reduces the likelihood of that federal civil rights lawsuit against you for those specific behaviors.
The war is lost.
Retire and run. Your only choice.
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