Police, The Fourth Amendment, Qualified Immunity

Another case where police walk into the path of a car and shoot at it when the driver tries to drive away

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Case: Cass v. City of Dayton, Court of Appeals, 6th Circuit 2014

What happened: If you are interested in this kind of case, then read the linked opinion — it is short.

Critiicism: The opinion is indulgent of police shooting at the moving vehicle, as it drove away because of concerns about “the lives and safety of both officers and members of the public ‘in the area.'” However, I don’t think it is reasonable to believe that firing bullet(s) at the vehicle would decrease, rather than increase, the danger. It is a lot easier for someone to get out of the way of a fleeing car than it is for that person to get out of the way of an errant bullet — and that should have been especially clear in this case where the driver was not hit, but a presumably innocent passenger was hit and killed by a police bullet. Even beyond the huge danger of stray bullets in these cases, there is the additional fact that a driver who is hit is pretty likely to drive even more erratically after being wounded, which, again, increases, rather than decreases danger to members of the police force and members of the public.

Written by Burgers Allday

October 20, 2014 at 4:59 pm

Posted in Uncategorized

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