USE OF FORCE
Laura Milligan
August 25, 2007
Victor Harris, ignoring the blue lights and femme fatale of the officer trying to stop him for speeding, led officers on six-minute imitate speeds exceeding 85 miles per hour on two-lane roads. When Harris false into a shopping center, officers positioned their cars in an attempt to block him. He collided with Deputy Scotts vehicle before escaping. Followed by, Deputy Scott, direct the lead car in the pursuit, requested and received liberty to use a precision intervention technique (PIT) dodge to stop Harris. However, because the speed was so great, Deputy Scott instead immovable to hit Harriss car with his front push bumper. In the ensuing second collision, Harris suffered significant injuries, leaving him a quadriplegic. He brought a lawsuit, alleging use of excessive effectiveness. (Risher, 2007)
Because the intentional collision of a law enforcement officers vehicle with another constitutes a Fourth Amendment transport, objective reasonableness at the time of the seizure in light of the circumstances remains the standard by which courts determine whether the seizure is constitutional. The 11th Circuit Court, relying on Tennessee v. Garner, conclude that the facts and circumstances here did not vindicatoryify use of mischievous force.
The court focused on the fact that Harriss plague was speeding. In addition, the court rejected the argument that, as a matter of law, Harriss driving was sufficiently reckless to spring Scott probable cause to believe that he posed a substantial threat of imminent physical harm. (Risher, 2007)
This case is just one chapter in the history of the excessive use of force by some members of the criminal justice system.
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