Thursday, May 29, 2014

SCOTUS: SCORE ONE FOR THE COPS

By a unanimous decision Tuesday, the Supreme Court ruled that the police can shoot to kill a motorist who leads them on a reckless, high speed chase, even after they have cornered him if he tries to drive off again

In 2004, after a traffic stop by West Memphis, Arkansas police, Donald Rickard sped off and led the cops on a chase across the bridge over the Mississippi River into Memphis, Tennessee. At times the speed exceeded 100 mph. West Memphis Sgt. Vance Plumhoff led the chase and collided with Rickard, sending his car spinning into a parking lot. Although cornered, Rickard put his car into reverse and tried to get away. Sgt. Plumhoff fired three shots at him. When his car spun away, other officers fired more shots at Rickard, killing him and his passenger.

Rickard’s daughter sued the cops, charging them with using excessive force. A U.S. District Judge and the 6th U.S. Circuit Court of Appeals ruled that a jury should decide the case, but, by a unanimous decision Tuesday, the Supreme Court decided otherwise.

Justice Samuel Alito wrote the decision as reported by the Los Angeles Times:

Justice Samuel A. Alito Jr. said the officers were justified in shooting the motorist because he continued to maneuver his car after he had been temporarily stopped by a squad car. As the motorist, Donald Rickard, tried to drive away, police fired 15 shots in all, killing him and a passenger.

Alito also said officers deserve the benefit of the doubt when they are engaged in a high-speed pursuit. "We analyze this question from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight," he wrote in Plumhoff v. Rickard.

A unanimous decision? I had to pinch myself to make sure I wasn’t dreaming. The four liberal justices actually agreed the officers had a right to shoot Rickard. I never thought I’d live to see the day when that would happen.

1 comment:

bob walsh said...

Running from the cops SHOULD be dangerous.