A teen speeds. Police ram car. Who's at fault?

Opposing sides say the ruling on an upcoming Supreme Court case might encourage dangerous driving – or increased use of force.

from the February 26, 2007 edition

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Ruling: a boon to chasers or chased?

Both sides warn of grave consequences if the justices rule for their opponent. A ruling against the deputy might be a green light for fleeing motorists to try even harder to elude police, knowing that deputies can only pursue with flashing lights and blaring sirens. A ruling against the motorist might encourage police officers to use increasingly dangerous tactics to end chases.

In a friend-of-the-court brief, US Solicitor General Paul Clement says Scott did not violate Harris's Fourth Amendment rights. The level of force used was proportionate to the threat of Harris's dangerous and reckless driving, Mr. Clement writes. "In light of the risk of serious injury or death that such conduct posed to the pursuing officers, other motorists, or pedestrians, [Scott] reasonably decided to try to bring [Harris's] vehicle to a safe stop by bumping it from behind."

The courts must analyze the situation from the perspective of a reasonable police officer faced with a confused and unfolding situation, rather than with perfect 20/20 hindsight, the solicitor general says.

The incident began at 10:42 p.m. on March 29, 2001. A Coweta County sheriff's deputy clocked Harris's Cadillac traveling 73 m.p.h. in a 55 m.p.h. zone. The officer flashed his emergency lights, but Harris just kept going.

The deputy took chase and was soon joined by Scott. Both officers watched as Harris crossed the solid yellow line on a two-lane country highway to pass other cars. Twice he ran red lights. And at one point the Cadillac nearly collided with a police cruiser as the deputy tried unsuccessfully to trap Harris in a parking lot.

A radioed OK, a spin, then a crash

Finally, Scott radioed a supervisor and asked for authorization to attempt a maneuver to cause the fleeing Cadillac to spin out of control.

"Go ahead and take him out," the supervisor replied.

When Scott rammed Harris's rear bumper, the Cadillac spun out, flipped, and rolled down an embankment.

Jones says Harris tried to outrun the deputies because he was driving with a suspended license and didn't want to go to jail. As the chase continued, Jones says, Harris accepted the idea of going to jail but he wanted the arrest to take place at his home so his car wouldn't be impounded.

He never made it.

"He was a 19-year-old kid who was not thinking clearly," Jones says.

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