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.
                                           th




          • 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
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