Accidents Resulting from Police High Speed Pursuits And Responses to Emergency Calls - Research Paper Example

? Accidents Resulting from Police High Speed Pursuits And Responses to Emergency Calls Accidents Resulting from Police High Speed Pursuits And Responses to Emergency Calls High-speed police pursuits often catch the attention of the public. In fact, high speed pursuits are part of American culture at present (See Appendix for the reasons of pursuits). Some people watch these attempts by the police officers to seize traffic violators as they are watching a movie. In order to exploit the public interests in watching such risky chases by police officers, some television channels are currently telecasting such chases. However, it should be noted that many of these risky chases often end up in severe accidents. Both the offenders and the chasers suffer accidents and severe injuries because of high speed police pursuits. There are plenty of incidents in which lawsuits arise against the government and the police as a result of high speed police pursuits. There is a hot national debate ongoing concerning when, if at all, police should be involved in high-speed pursuits. One side says that police should use their discretion and should not terminate a chase merely because of an increased risk to the public. The opposite view is that by chasing an offender, the police magnify the risk of injury to the general public (Sanderson, n. d., p.2). It is difficult for the police to act as silent witnesses when people violate laws. The purpose of police force is to enforce the implementation of law and order in a society or country. This purpose will not be served if police officers remain idle when people violate law and order. At the same time, it is the duty of the police officers to catch or arrest the offenders in a safe manner. It should be noted that the risky chasing of the offenders may cause danger not only to the offender and the chasers but also to the innocent people. Accidents resulting from responses to emergency calls are also substantial in volume in America. It should be noted that the first hour immediately after the road accidents are critical in saving the lives of the injured people. In an attempt to reach the site as quickly as possible, traffic police often forced to drive their vehicle in high speeds. These high speed driving often end up in unexpected accidents in which both the police and the innocent people suffer injuries or death. In short, unintentional or unexpected accidents due to high speed police pursuits and responses to emergency calls are growing day by day in America and different lawsuits are arising as a result of that. This paper analyses the legal dimensions of accidents caused by high speed police pursuits and responses to emergency calls. Review of Literature “Police pursuits contribute to traffic violation, loss of officers, and death or injury of innocent people. According to a study by Jeff Martin, fleeing suspects create tragedies despite the efforts to terminate pursuits” (Schultz et al., 2010, p.1). Hoffmann & Mazerolle (2005) pointed out that “Police high-speed pursuits present a difficult area for police managers and policy makers because of the important need to balance public safety with the mandate to enforce laws” (Hoffmann & Mazerolle, 2005, p.530). Kaminski et al. (2012) argued that “in vast majority of pursuits, deputies and suspects were uninjured or sustained only minor injuries. In this regard, they do not appear to be any more hazardous than resistive encounters generally” (Kaminski et al., 2012, p.177). However, there are plenty of cases in which the suspects or the police suffer severe injuries and even death as a result of high speed police pursuit. John Hill (2002) pointed out that “police pursuits result in about 350 deaths per year and the number of pursuits increases each year. Moreover, about 2,500 persons die each year as a result of police pursuits and that another 55,000 are injured” (Hill, 2002, p.14-15). A study conducted by Rivara & Mack in 2004 to determine the motor vehicle crash deaths related to police pursuits yielded the following results: There were 2,654 fatal crashes involving 3,965 vehicles and 3,146 fatalities during the nine year study period. Of these, 1,088 were to people not in the fleeing vehicle. These crashes often occurred at high speed, in the night, on local roads. Most of the pursued drivers had prior motor vehicle related convictions. Many deaths related to police pursuits are to innocent victims (Rivara & Mack, 2004, p.93) The above statistics clearly suggest that the damage caused by high speed police pursuit is substantial and it should be reduced as much as possible. Plenty of innocent lives are being sacrificed as a result of high speed police pursuits. Some people believe that the injuries caused by high speed police pursuits are punishable. In their opinion, The Fourth Amendment of United States’ Constitution provides sufficient protection against such police activities. The Fourth Amendment to the United States Constitution provides that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. When a high-speed police pursuit ends due to the fleeing motorist's loss of control of her vehicle or by the police accidentally crashing into the fleeing offender, there is no seizure under the Fourth Amendment (Sanderson, n. d., p.4). Schultz et al. (2009) questioned the awareness of officers in identifying the risks involved in risky high speed pursuits. In his opinion, police officers should compare the hazards against the benefits of emergency runs before undertaking risky chases (p.1). Discussion “An Eleventh Circuit judge has written, "Unless the pursuing officer, despairing of apprehending the pursued safely, deliberately undertakes to bring him into custody by assaulting him with deadly force, I believe that the efforts would be constitutional” (Sanderson, n. d., p.11). It should be noted that the Fourth Amendment describes the rights of people who strictly obey the law and order in America. A traffic violator cannot seek the help of Fourth Amendment in labelling police actions as illegal. Laws are formulated for the protection of good citizens. It cannot be misused for the protection of antisocial elements. Decision-making is the key in reducing high speed police pursuit related accidents. There are plenty of incidents in which the police officer may face problems in taking decisions whether to follow the offender or not. A lack of training can increase risks of pursuit-related injuries. Only recently has classroom instruction included training on vehicle pursuit tactics, policy, and liability. Previously, agencies taught pursuit-driving techniques behind the wheel without accompanying classroom training. Officers learned how to pursue but not when to pursue. Inadequate or inapplicable training often resulted, and officers rarely followed training in actual practice. Law enforcement must approach pursuit training similar to firearms training (Hill, 2002, p.15). Instead of how to pursue, officers should get training for when to pursue. There is no point in conducting high speed searches for seizing a traffic violator. It is easy for the police officer to note down the identification number of the vehicle and to call or arrest the owner or driver later. On the other hand, it is necessary to conduct high speed chases if the criminal happens to be a terrorist or killer. In short, police officers should take into account the nature of the crime before taking decisions whether to chase or not. Another factor to consider before undertaking high speed pursuits is the traffic density and the probabilities of accidents. The chances of accidents increase if a high speed chase takes place in roads with heavy traffic. There are plenty of cases in which the offender deliberately enters heavy traffic roads to cause problems to the chasers. “A vehicle pursuit shall be immediately terminated when, in the judgment of the pursuing officer, continuation of the pursuit would likely create a danger to the public, officer or violator which is apparently greater than the value of apprehending the violator” (GENERAL ORDER: Ozaukee County Law Enforcement Agencies, n.d., p.13). The above policy should be followed even while responding to emergency calls. The attempt to save the lives of some people should never end up in taking the lives of many people. It should be noted that the infrastructure facilities are not developed as rapidly as the increase in automobile usages. A western Michigan emergency dispatcher was able to calmly persuade an agitated man to pull over and end a lengthy high-speed police pursuit, according to a 911 recording obtained by The Associated Press via a Freedom of Information Act request. On Feb. 28, six police cars chased Luis Bonilla-Machado through Holland and into Allegan County. But after an 8-minute chat with Allegan Central dispatcher Tammy Gane, the 25-year-old Holland resident agreed to slow down and eventually surrender (Householder, 2012). There are plenty of cases in which both the offender and the police engage in high speed driving and chasing because of misunderstandings. The offender may think that the police may punish him physically if he surrenders. On the other hand, the police may think that the offender is trying to escape after committing a serious crime. It is not necessary that these thinking patterns are always correct. Proper communication between the police and the offender will reduce the chances of risky chasing. Precision intervention technique (PIT) manoeuvre can be substituted for risky chasing. PIT manoeuvre is a process by which the pursuing vehicle forces the fleeing vehicle to turn sideways abruptly so that the offender losses his control on driving and stops his vehicle. The advantage of this technique is that lengthy and dangerous chasing can be avoided and the chances of accidents can be reduced considerably. However, PIT manoeuvre should be performed cautiously. Otherwise, multiple road accidents can be taken place at the same time. Police officers should get proper training to perform PIT manoeuvre. A typical illustration of PIT manoeuvre is given below. (The PIT Manoeuvre: Should it be Taught? 2008, p.9) From the above illustration, it is evident that PIT manoeuvre should be performed only by the experienced police drivers. Ramming is another technique commonly used by the police officers to stop the vehicle of the offender. It is a technique in which the pursuing vehicle hits the fleeing vehicle so that the offender losses control and stops the vehicle. However, ramming is a dangerous activity which can cause immense damage not only to the police but also to the offender. Dan Morse (2012) mentioned an incident in which police ramming resulted in the death of three people. “The only survivor of a police chase in March that left three people dead after a fiery crash on Chevy Chase Circle alleges in a lawsuit made public Friday that a Montgomery County police officer rammed his vehicle and caused the accident”(Morse, 2012). Road blocks are also used to prevent the offender from driving fast. In this case, the police in the pursuing vehicle will give instructions to police officials on the way ahead to put road blocks at a particular place to force the offender to stop vehicle. However, the offender may try to hit out of the road blocks and may suffer injuries. Use of firearms is also permitted in certain high speed pursuit cases. If the officers in the pursuing vehicle believe that the offender may cause damage to innocent lives and properties, they can use firearms as a last attempt to stop the fleeing vehicle. In certain cases, the services of aircrafts are also used to access the location and activities of the offender. Recommendations Police officers should analyse the situation well before undertaking risky chases. In other words, it is better to avoid risky chases which may cause more damage to the criminal, police officers, and innocent people. Alternatives to pursuit are no pursuit or pursuit at safe speed. No pursuit is often recommended when the police officer knows the identity of the offender. It is also recommended when the offender gets too much lead time to escape. Moreover, it is better to avoid high speed pursuits when the police officer realises that the activities of the offender are not causing much damage to the public. However, safe pursuit can be implemented in certain unavoidable cases. Imagine a situation in which the offender drives fast with some hostages. In this case, the police have no other option but to chase the offender, using the safe pursuit method. It should be noted that high speed pursuit in this case may cause damage not only to the life of the offender but also to the lives of the hostages. In heavy traffic roads, safe pursuit is preferred over high speed pursuits. Moreover, safe pursuit is necessary when the police officer realises an alarming situation generated by the offender. In certain cases, it is better to discontinue a high speed pursuit when the officer realises the dangers. In such cases, the officer can inform other police officers in the way ahead about the details of the offender and his or her vehicle so that they can organize road blocks or employ other techniques to stop the vehicle. Since decision-making is involved in high speed pursuits and responses to emergency calls, it is necessary to provide adequate training to the police officers. They should be able to assess the situation correctly before taking any actions to stop the vehicle of the offender. It should be noted that veteran police officers are not much familiar with the modern techniques of implementing law and order. They may use traditional risky techniques to stop the vehicles of the offenders. Veteran officers should be provided specialized training in handling high speed pursuit cases. According to the modern principles of policing, police is not the enemy of the people but the assistants of the public. Certain veteran police officers still have the illusion that they have enough power to torture the public in the name of enforcing law and order. Such attitudes need to be changed, and training is necessary to change such established attitudes of the veteran officers. Proper communication is necessary between the police and the public to enforce law and order. The cooperation of the public is necessary for the police to do their duties successfully. Traditionally, public are afraid of the word police and they stay away from police. Because of the non-cooperation of the public, police faced lot of problems in establishing crimes in the past. It should be noted that ordinary public can contribute heavily to the success of police department. In order to encourage public to help police in their duties, police officials should establish friendship with the public. Training plays a vital role in helping the police to establish meaningful relations with the public. Conclusions High speed pursuits and response to emergency calls often bring accidents and injuries to the offender, police officials, and innocent people. It is better to avoid high speed pursuits as much as possible. No pursuit or safe pursuit techniques should be used instead of high speed pursuits. PIT manoeuvre is a safe technique which can be used to stop the offender. Police officers should get enough training to determine when and how to use different types of pursuits. References GENERAL ORDER: Ozaukee County Law Enforcement Agencies (n.d.). Retrieved from http://bluejellydesign.com/pwpd_pdf/go6_1_2 Householder, M. (2012). Tammy Gane, 911 dispatcher, persuades man to end high-speed car chase. Retrieved from http://www.huffingtonpost.com/2012/04/20/tammy-gane-911-dispatcher-luis-bonilla-machado-police-chase_n_1441316.html Hill, J. (July 2002). High-speed police pursuits: Dangers, dynamics, and risk reduction. FBI Law Enforcement Bulletin. Hoffmann G., & Mazerolle P. (2005). Police pursuits in Queensland: research, review and reform. Policing, 28(3), 530-545. Kaminski, R.J., Rojek, J., Smith, H.P., & Alpert, G.P. (June 2012). Correlates of foot pursuit injuries in the Los Angeles county sheriff’s department. Police Quarterly, 15(2), 177-196. Morse, D. (2012, April 27). Police chase survivor sues police, says that an officer rammed car. Washington Post. Rivara, F. P., & Mack, C. D. (April 2004). Motor vehicle crash deaths related to police pursuits in the United States. Injury Prevention, 10(2), 93-95. Sanderson, W.W. (n. d.). High-speed police pursuit. Retrieved from http://www.amicentral.org/Loss%20Control/reference/High_Speed_Police_Pursuit.pdf Schultz, D. P., Hudak, E., & Alpert, G.P. (March 2010). Evidence-Based Decisions on Police Pursuits the Officer's Perspective. FBI Law Enforcement Bulletin, 79(3), 1-7. The PIT Manoeuvre: Should it be Taught? (2008). Retrieved from http://www.fdle.state.fl.us/Content/getdoc/b2448313-21af-462e-931e- 567947e12aa0/PIT-Maneuver---Amerault.as Appendix (The PIT Manoeuvre: Should it be Taught?, 2008, p.6) Read More