NCJ Number
107923
Journal
Seton Hall Law Review Volume: 16 Issue: 1 Dated: (1986) Pages: 101-126
Date Published
1986
Length
26 pages
Annotation
A ruling by a New Jersey appellate court in Smith v. Nieves has held that law enforcement officials may be liable for injuries inflicted on innocent victims by the driver of a pursued vehicle and indicates the need for police agencies to develop detailed written policies and comprehensive training in pursuit driving tactics.
Abstract
Prior to the ruling in the Smith case, New Jersey police officers were immune from civil liability to third parties injured by a fleeing suspect. However, the Smith court held both that law enforcement officials may be liable and that a municipality may be vicariously liable for a police officer's negligence or directly liable for failing to train officers properly for participation in high-speed pursuits. The Smith ruling is significant because it provides a remedy for innocent victims and draws attention to the need to prevent the needless tragedies that can result from high-speed pursuits. Current policies and practices allow unreasonbly dangerous chases to occur and should be changed. Police officers should not be allowed to operate police vehicles unless they are properly trained and prepared for all situations. Recommended training guidelines, analyses of specific judicial decisions, and 185 footnotes.