Monday, February 26, 2007

The Thrill of the Chase

Today, the Supreme Court oral argument in a case that presents an interesting Fourth Amendment issue: do the police unreasonably seize someone by using deadly force to stop a fleeing traffic offender? This article from the Christian Science Monitor does a good job of setting up the case. In brief, Victor Harris was speeding on a two-lane road in Georgia when police gave chase. He failed to stop for lights and sirens, hitting speeds of 80-90 miles per hour while fleeing. To end the pursuit, one cop rammed the back of Harris's car, sending it over an embankment. Harris is now paralyzed as a result of his injuries and sued the officer for violating his civil rights (the right to be free from unreasonable searches and seizures).

The issue isn't whether the cops can do such a thing, but when it's appropriate to do so. While deadly force might be appropriate to stop an accused killer or rapist from escaping, can the same be said for somebody who at worst would get a traffic ticket? As the article points out, the argument takes place against the background of hundreds of deaths (not all of them suspects) in such chases each year. The transcript of today's argument can be found here.

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