Page 133 - North Carolina 2020 Legal Guide
P. 133
Task: Vehicle Pursuit-Force
Scott v. Harris, 550 U.S. 372 (2007).
• A police officer's attempt to terminate a dangerous high-speed car
chase that threatens the lives of innocent bystanders does not
violate the Fourth Amendment, even when it places the fleeing
motorist at risk of serious injury or death.
Plumhoff v. Rickard, 134 S. Ct. 2012 (U.S. 2014).
• An officer’s use of deadly force (shooting driver) to prevent the
continuation of a a dangerous high-speed and reckless pursuit did
not violate the 4 Amendment.
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• Even if there was a Constitutional violation, the law was not clearly
established thus the officers would be entitled to qualified immunity.
©2020 Jack Ryan Legal & Liability Risk Management Institute 132