Page 72 - North Carolina 2020 Legal Guide
P. 72

Task: Shooting at Moving Vehicles That Pose Danger






          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.





          Note: decision is limited to 4 Amendment Analysis and does not
                                                           th
          necessarily shield an officer from exposure under state law.









                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    71
   67   68   69   70   71   72   73   74   75   76   77