NCJ Number
224693
Journal
Ideas in American Policing Issue: 10 Dated: June 2008 Pages: 1-16
Date Published
June 2008
Length
16 pages
Annotation
This article examines the use of deadly force in the course of police pursuits and reviews the Supreme Court analysis of such pursuits.
Abstract
During the 56 years since the Chambers v Ideal Pure Milk Co. decision was handed down, the laws relating to police emergency and pursuit driving have changed dramatically, but the transformation may have come full circle with the 2007 United States Supreme Court decision in Scott v Harris. At a minimum, a number of the judicial parameters thought by many observers to have been reliably established have been called into question, and the operational management of police pursuit operations has been thrust to the forefront as a matter of concern for law enforcement agencies. This paper reviews the Tennessee v. Garner decision and examines the relatively recent application of Garner in the pursuit context, as set out in Brosseau v Haugen. Finally, the paper investigates the Court’s recent analysis of Garner in Scott v Harris and discusses the implications that analysis may have for the operational management of pursuits by law enforcement agencies and generally for policing in America. References