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Court: High-speed chase suspects can't sue police
CNN Washington Bureau ^ | April 30, 2007 | Bill Mears

Posted on 04/30/2007 10:35:55 AM PDT by Eyes Unclouded

WASHINGTON (CNN) -- The U.S. Supreme Court on Monday gave police officers significant protection from lawsuits by suspects who lead them on car chases.

The justices ruled 8-1 against Georgia teenager Victor Harris, who was left a quadriplegic after a police vehicle rammed his car off the road in 2001.

A police officer used "reasonable force" when ramming the teen's speeding car, the high court ruled. A videotape of the pursuit played a key role in the decision.

"The car chase that [Harris] initiated in this case posed substantial and immediate risk of serious physical injury to others," Justice Scalia wrote for the majority. "[Deputy Timothy] Scott's attempt to terminate the chase by forcing [Harris] off the road was reasonable."

The 11th U.S. Circuit Court of Appeals had ruled that Harris' lawsuit against the deputy could go forward. The justices overturned the lower court ruling, meaning the suit can be dismissed.

Eight of the nine justices said they had closely viewed the videotape of the six-minute nighttime chase. It was taken from the dashboard of Scott's car and from the vehicle of another deputy from a neighboring county.

Similar pursuits have been aired, sometimes live, on many cable and broadcast television stations, and entire programs have been built around such incidents, such as "World's Wildest Police Chases." Tape fascinates justices

The tape seemed to fascinate some of the justices. Scalia referred to the videotape repeatedly in his opinion, calling it a "wrinkle" that clearly swayed the bench.

Scalia wrote, "The videotape tells a different story."

He continued, "Far from being the cautious and controlled driver the lower court depicts, what we see on the video more closely resembles a Hollywood-style car chase of the most frightening sort, placing police officers and innocent bystanders alike at greater risk of serious injury."

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: abuseofpower; carchases; dangertothepublic; donutwatch; ohkidthesedays; recklessdriving; scotus
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To: Ben Mugged; RacerF150
Might not be a bad idea. Why is a car manufacturer allowed to produce a car that can exceed the maximum legal speed? In Georgia the maximum legal speed is 75 MPH and yet some new vehicles are capable of speeds exceeding 185 MPH.

LOL! For a minute, I almost thought you were serious!
81 posted on 04/30/2007 11:45:14 AM PDT by NonLinear (This is something almost unknown within Washington. It's called leadership.)
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To: Ben Mugged

Jimmy Carter proposed that idea, they are called “carterized” autos.

Nobody wants them.


82 posted on 04/30/2007 11:45:20 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: whd23

Yep, that was it... cool...


83 posted on 04/30/2007 11:49:29 AM PDT by Star Traveler
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To: hophead
He should not get his driving permit back until the bill is paid.

Do you really think a quadriplegic is going to be doing a lot of driving?

84 posted on 04/30/2007 11:49:48 AM PDT by PAR35
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To: Little Ray

It might indeed lead to more chases, but the chases would be awfully short. There is no reason to drive 100 miles an hour if no one is chasing you.

Besides that, beating someone to “a paste” doesn’t do anything to compensate innocent victims of a loss. As much as you want to talk tough about this, it’s not an answer. No one says, “Gee, a police car ran into me and now I’m crippled for life, but the policeman beat up the guy who led the high-speed chase, so I’m perfectly happy with how all this turned out. God Bless America!”

Moreover, as I noted before, with modern technology, like helicopters and sophisticated communications systems, I don’t think they would have the ability to “do as they please.” If anything, it would only delay punishment.


85 posted on 04/30/2007 11:50:19 AM PDT by Publius Valerius
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To: Dr. Zzyzx

I do in general believe in restraint in these cases. But the perp had already shown he was willing to ram a police car to get away, and that makes him a dangerous person who must be caught.

I’m still waiting for portable EMP generators to kill the engines of modern cars.


86 posted on 04/30/2007 11:53:58 AM PDT by antiRepublicrat
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To: HarmlessLovableFuzzball
It was a joke. See # 43.

Aw, crap. My detector must be broken; it's usually much more sensitive. Off to the shop with me.

87 posted on 04/30/2007 11:54:07 AM PDT by xjcsa (xjcsa...source of number one Google result in search for the word "ecotard" [pleased with self])
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To: xjcsa

And actually, it was pretty funny, too.


88 posted on 04/30/2007 11:55:08 AM PDT by xjcsa (xjcsa...source of number one Google result in search for the word "ecotard" [pleased with self])
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To: Dr. Zzyzx
Unless a officer knows that a guy just shot someone and now is running, I don’t think that a high-speed chase is worth the danger it poses to the community. Gas skips, bank robberies, etc. are a loss of property, and the killing of innocent bystanders just to catch a guy that stole a tank of gas or $50,000 is not worth it. My friends’ teenage daughters were run into the freeway barrow pit while an officer chased down a gas skip. If there are good reasons that I’m not seeing, I’d appreciate some illumination.

Last year, we had a repete gas stealer kill the stations owner.. by running over him getting away.. http://www.decaturdaily.com/decaturdaily/news/050822/killed.shtml

Not oppossing evil acts only encourage futher evil acts.. Same way with not opposing terrorist acts (as Clinton proved). By not allowing the criminal the promise if swift justice, you get what ole Solomon knew over 2000 years ago..

* Because the sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil. Eccl. 8:11

It is that simple.. Ignoring a "PETTY" gas skip killed later on..

89 posted on 04/30/2007 11:55:29 AM PDT by LowOiL (Paul wrote, "Let love be without hypocrisy. Abhor what is evil" (Rom. 12:9))
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To: Publius Valerius
What would you say to those people that are injured as a result of the police chase? I think the real question here was whether, as a policy matter, we want to encourage police chases for low-level offenses. Clearly, the Supreme Court found that we want to encourage police chases, but I'm not sure it is the best policy, especially given the technology that is available today.

See post 89... one of those so called low level offenses killed our local Texico owner.

90 posted on 04/30/2007 11:59:54 AM PDT by LowOiL (Paul wrote, "Let love be without hypocrisy. Abhor what is evil" (Rom. 12:9))
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To: Publius Valerius
Its not about fixing things for the injured, its about creating an inhibition for the perp. If you know that the price of a high speed flight is being beaten into a coma, no matter why you ran, you might reconsider. Perps may not be bright, but they’re (usually) not suicidal.

And the current methods of “sophisticated communication and helicopters” work so well today that every case is solved, and every stolen car is recovered, so we don’t need chases. I’m so glad to hear it.

As I wrote before, your “chase free zones” would be the same sorta invitation that school “gun free zones” are.

91 posted on 04/30/2007 12:02:37 PM PDT by Little Ray (Rudy Guiliani: if his wives can't trust him, why should we?)
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To: al_c

You have no chance to escape make your time?


92 posted on 04/30/2007 12:07:59 PM PDT by Eyes Unclouded (We won't ever free our guns but be sure we'll let them triggers go....)
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To: LowOiL

By that rationale, we should lock up everyone who commits any crime for life, because there might be a chance, someday down the road, that they will do something worse.

Sorry, I don’t buy it. And furthermore, the risk of injury to innocent person or property is simply too great from wild police chases. I’m just not interested in supporting that kind of policy.


93 posted on 04/30/2007 12:13:30 PM PDT by Publius Valerius
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To: Publius Valerius

http://www.bborr.com/


94 posted on 04/30/2007 12:16:10 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: SuziQ
Stevens eh? What a loon.
95 posted on 04/30/2007 12:16:28 PM PDT by Eyes Unclouded (We won't ever free our guns but be sure we'll let them triggers go....)
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To: Eyes Unclouded
Opinion of the Court (pdf format).

Harris v. Scott

The video is also on the Supreme court site.

96 posted on 04/30/2007 12:16:55 PM PDT by Dogrobber
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To: Little Ray
Its not about fixing things for the injured

Well I'm glad that we're no longer worried in compensating those who are injured as a side effect your deterrent system.

97 posted on 04/30/2007 12:18:23 PM PDT by Publius Valerius
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To: JamesP81
Are you advocating we outlaw all cars that can exceed the speed limit? And FYI, I'm planning on buying such a car (the one I'm looking at only does 0 to 60 in 5.2, but that's enough to suit me). Should I go to jail?

Now you have become irrational. It is currently not illegal to own a car, street legal or not, that can exceed the legal speed limit. Therefore you should go to jail only if you break the law. What you do on private land is your own business.

Do you think you have a right to break speed laws because you don't like them?

98 posted on 04/30/2007 12:31:06 PM PDT by Ben Mugged (Always cheat; always win. The only unfair fight is the one you lose.)
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To: Dogrobber
Dogrobber wins for best response on the thread. That video was CLASSIC
The first half is from another cruiser which pulls up and is just like oh man is he dead?

12min 50 sec is when you hear let me have him but it sounds more like he's claiming him as to not cost the taxpayer more by damaging a fresh cruiser

14min 17sec is when they take him out, thats a nasty spill
99 posted on 04/30/2007 12:33:19 PM PDT by Eyes Unclouded (We won't ever free our guns but be sure we'll let them triggers go....)
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To: Publius Valerius

You don’t seem to get it. Its the perps’ fault. If he can’t pay, he can’t pay. And the cops and taxpayers have no obligation to do so. Its not their fault.

It would be nice if we could create terrifying consequences for high-speed flight, but that doesn’t seem to be polically feasible.

So the victim, like he has always been, is SOL. Doesn’t matter if it is a high-speed chase or a robbery. I’m not going to support taking one more option away from the cops.


100 posted on 04/30/2007 12:34:14 PM PDT by Little Ray (Rudy Guiliani: if his wives can't trust him, why should we?)
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