codex57 said:
I dunno. THey do the pit maneuver here in SoCal. If heads rolled, it's cuz it took them 3 times to do it. It didn't look like an out-of-control police chase to me.
I disagree. While out-of-control may be strong, failure to control the situation may be a better statement. I have followed the Kristie’s Law debate for a while and I really don’t think this would meet the test for a reasonable pursuit derived from the forethought of the balancing of the crime and pursuit risks. However, this is subjective.
I have two problems with the pursuit and they are the reason I fully would expect this to be an issue in states with very high awareness and low tolerance, like California, for police chases and the associated risk balance with the crime that has been committed.
First, there is a reasonable risk that the original contact by the police car could have caused a rollover situation in an area where oncoming traffic are just feet away and the barrier separating the traffic directions appears insignificant to prevent a rollover situation from being carried into oncoming traffic.
Second, another attempt is made on a highway overpass thereby creating a similar situation of rollover in an area where significant harm could be reasonably assumed involving innocent bystanders.
These two factors combined with the “stolen car” crime, in my eyes, seem to fail the tests for a reasonable and controlled pursuit.
In California, the public is beginning to see that police pursuits come with a very high price tag. For innocent victims and their families, the price of unnecessary pursuits is too high! A Department of Justice study reveals that 90 percent of all pursuits are for traffic violations and chasing nonviolent suspects. Many of these fleeing suspects are back on the streets or go home with their mothers before officers finish their paperwork. In many cases, with good police work, these suspects can be caught later under safer conditions -- safer for the public and the officers. (kristieslaw.org)