Bisco V Arlington Case: Police Pursuits & Liability

Performance Objective Reference Material (NV POST)

• Designed to accompany the POST mandated performance objectives for NAC mandated courses for peace officers in Nevada categories I, II, III, and reserve.
• The material is a resource for lesson plan development.

Case Law and Legal Impacts (PO A)

• Case law affects the way officers operate and repercussions.
• Major cases over the past decade have changed how law enforcement views emergency driving and response.

Bisco V Arlington (07/1984) (PO A1)

• This landmark case established 3rd Party Liability for police & police agencies involved in vehicle pursuits
• Involved the liability of Arlington County, Virginia and one of its Police Officers
• An innocent bystander suffered serious injuries from a negligent high-speed pursuit of a suspected bank robber.
• The innocent bystander was awarded $5 million after losing both legs after a high-speed chase.
• Biscoe (innocent bystander) was struck by a police car that went out of control, after the car's driver violated department policies prohibiting high-speed chases.
• The court found that he had not been properly trained.

Canton v. Harris (02/1989) (PO A2)

• Case handled agency’s deliberate indifference to training issues.
• Geraldine Harris was brought to the Canton police station after a 1978 traffic arrest, but no medical attention was provided.
• Harris was diagnosed as suffering from several emotional ailments at a nearby hospital
• She sued the city of Canton and its officials, for violating her rights under the Fourteenth Amendment to receive necessary medical care while in police custody. -The District Court issued a verdict against the city, and the Sixth Circuit Court affirmed the District Court's analysis upon appeal.
• However,The Court of Appeals stated that a plaintiff must prove that lack of training was reckless or grossly negligent to the point of depriving the individual of constitutional rights.
• The city appealed to the U.S. Supreme Court, arguing that the Sixth Circuit Court's holding represented an impermissible broadening of municipal liability.
• A municipality may be liable if city personnel are deliberately indifferent to constitutional rights and where 'failure to train' reflects a conscious choice or policy by a municipality.

Brower v. Inyo (03/1989) (PO A3)

• October 23, 1984, at approximately 11:30 p.m., the decedent was driving southbound on Highway 395.
• Inyo County Deputy Sheriff, Craig Oyster believed Brower was driving a stolen automobile
• Deputy Oyster radioed ahead to establish a roadblock after a high speed pursuit of 20 miles.
• Deputy Reginal Sides set up the roadblock with a tractor-trailer controlled by James M. Holmgren of Missouri-Nebraska Express that blocked both lanes. -Reginal parked his own police vehicle 200 feet ahead of the tractor-trailer between the truck and approaching Brower and directed the headlights of his vehicle toward the approach path of Brower.
• Brower drove past Sides' police vehicle at a high rate of speed and slammed into the tractor-trailer, dying shortly after impact.
• The sheriff's Department Dep uty provided no alternative escape routes or opportunity for Brower to stop.
• Brower's heirs then claimed that stopping Brower with the roadblock affected an unreasonable seizure in violation of the Fourth Amendment.
• The Supreme Court later reversed the decision, holding that the roadblock did constitute a seizure and that the unreasonableness alleged consists precisely of setting up the roadblock in such manner as to likely kill him.

Sacramento v. Lewis (05/1998) (PO A4)

• On May 22, 1990, at approximately 8:30 p.m., Sacramento County sheriff’s deputy James Everett Smith, along with Murray Stapp, responded to a call to break up a fight.
• While returning to his patrol car, Stapp saw a motorcycle approaching at high speed operated by 18-year-old Brian Willard with 16 year old Philip Lewis as passenger.
• Stapp turned on his overhead rotating lights, yelled to the boys to stop, and positioned his patrol car to attempt to pen the motorcycle in.
• Willard maneuvered the cycle between the two police cars and sped off, and in pursuit, the cycle entered a chase at high speed.
• The motorcycle, while weaving in and out of oncoming traffic, reached speeds of 100 mph, with Smith 100 feet behind (650 feet to stop).
• The chase ended after the motorcycle tipped over when Willard tried a sharp left turn.
• The patrol car skidded into Lewis at 40 mph (he was pronounced dead at the scene).
• Lewis’s parents accused the Deputy and the Sacramento County Sheriff’s Office of deliberate and reckless conduct, which ultimately deprived their son of his due process right to life and protection against unconstitutional seizure (14thAmendment).
• The Court ruled that the 4th amendment’s reasonableness standards prevented its illegal seizure protections from applying to high-speed chases.
• The Court held that the Deputy’s actions, while perhaps unwise, were not intended to injure or kill those pursued.

Scott v. Harris (04/2007) (PO A5)

• In March of 2001, a Georgia police officer clocked 19-year-old Victor Harris driving 73 m.p.h. in a 55-m.p.h. zone.
• Scott took over as the lead pursuit vehicle, following Harris down a mostly two-lane highway at more than 85 m.p.h. where Harris then sustained injuries rendering him a quadriplegic.
• To bring the high-speed chase to an end, Scott sped up and hit the bumper of Harris' car, causing that vehicle to leave the road and crash.
• In the ensuing suit, Scott was found to have been reasonable in his actions under the 4th amendment. The Court’s opinion relied on a video tape of the car chase.
• It was clear from the videotape that Mr. Harris posed an actual and imminent threat and deadly force was reasonable for stopping the driver.

Plumhoff v. Rickard (05/2014) (PO A6)

• July 18, 2004, midnight, West Memphis Police Officer Forthman pulled over Donald Rickard's vehicle because of an inoperable headlight.
• After noticing damage, Rickard sped away from his car after Officer Forthman asked him to step out.
• The police officers were ordered to continue the pursuit across a border to Memphis, TN, ultimately surrounding Rickard in a parking lot.
• Rickard again attempted to flee, resulting in police firing and killing Rickard and passenger Kelley Allen.
• The entire exchange was captured on police video.
• The court held that the use of deadly force by police officers firing multiple rounds into a car during a high-speed chase was not unreasonable in light of Rickard’s reckless behaviour.

NRS Elements (PO B)

NRS 484B.550 (PO B1)

• Relates to when a driver fails to stop for a peace officer's signal.
• The signal is of flashing red light/lamp and siren.
• Violators are guilty of a misdemeanor.
• Category B felony consequences may apply if there is damage to property or likelihood of endangerment.

NRS 484B.700 (PO B2)

• Grants privileges to drivers of authorized emergency vehicles, official vehicles of regulatory agencies, or vehicles escorting a procession.
• Only applies when responding to an emergency call, or when driving in pursuit of a violator or the law; or when responding to, but not upon returning from a fire alarm; or when escorting a funeral procession.
• The driver can proceed past a red or stop signal/sign, exceeding speed limits, and disregard regulations governing direction of movement or turning in specified directions.
• Use of audible and visual signals is required when exercising these allowances.

NRS 484B.267 (PO B3)

• Relates to operations vehicles.
• Emergency vehicles must have flashing lights.
• All other drivers shall yield the right-of-way while driving to the right.
• Drivers must stop clear of intersections until the emergency vehicle drives past.

The Way One Drives and Influences (PO C)

• Law enforcement officers are held to act perfectly at all times.
• Officers make human mistakes, but can recognize driving weaknesses
• The 4 main elements that influence how you drive are:

Attitude (PO C1)

• Attitudes are the hardest thing to change especially in Law Enforcement.
• The 3 specific attributes that contribute to poor driving habits are ego, overconfidence and unwillingness to embrace change.
• Overconfidence is when someone has more confidence than they should based on the situation and misjudges their ability or opinion.

Distraction (PO C2)

• Distracted driving is any activity which diverts attention from driving.
• Texting is the most alarming distraction reducing reaction time and awareness.

Environmental Conditions (PO C3)

• Environmental conditions and the effects they have on patrol vehicles are needed for officers.
• Adjust speed during operations in adverse conditions.

Vehicle Condition (PO C4)

• Support personnel have a responsibility to fix mechanical malfunction or worn components, which must be immediately reported.

Most Important Elements of a Vehicle(POD1-2)

Tires

• Most important from a safety standpoint. -Good tires provide a small amount of additional traction on dry pavement, and have the opposite effect under wet conditions.
• Tire tread enhances puncture resistance and is vital for law enforcement driving.
• New tires have less traction potential until broken in.
• Sidewall cuts lead to blowouts and loss of vehicle control.

Brakes

• Crucial.
• Pay attention to the warning signs of needing service, meaning the difference between life and death.

Wear Bars (PO E)

• Tread depth is measured in 32nds of an inch.
• Replace tires immediately if worn down.
• 2/32″ is the legal minimum tread depth in most states.
• Tires are manufactured with tire wear bars, and have a minimum of six or more tread wear bars.
• When a tire's tread is worn to the level of the wear bars, you need to replace it as soon as possible.

Tire Pressure (PO F)

• Tire pressure gauges should be used due to the difficulty of judging tire pressure by visual inspection. Set according to the vehicle manufacturers tire placard. -The vehicle's tire pressure should be checked and adjusted first thing in the morning.
• Tire pressure rises with an increase in tire temperature.

Common Tire Problems (PO G1-4)

Under Inflation

• Underinflated tires cant maintain their shape, and become flatter than intended.
• Leads to tire failure as little as 6 psi below recommended levels.

Over Inflation

• Overinflated tires are stiff and unyielding and the size of its footprint in contact with the road is reduced.

Age

• Tire perishability depends on heat, use conditions and maintenance.
• Most street tires have a useful service life of six to ten years.

Wear

• The tread will gradually decrease in size as tires are used.
• Regularly check the tire depth for wear, and take action before tires are unsafe.

Why Tire Wear Matters

• Tires that do not grip the road can result in a driver losing control.

Alignment Problem

• Wear is very important.
• Heat will generate which cause high speed blow outs.
• If not caught, it will continue to wear drastically reducing the life span of the tire.

Condition

• Stone bruising is not safe and is likely to blow out.

Undulations

• In the sidewall of the tire can withstand higher pressure.

Cuts on the sidewall of the tire

• Check for cord damage
• If the cord has been exposed then the tire is not save and needs to be replaced immediately.

Rolling Friction (PO H)

• Centripetal Force to pull the car around the corner.
• Give up the friction by locking the wheels or, by going faster than the tires can generate a turn force, or by jerking the steering wheel, then the car will come under the influence of the first law of motion.

Brake Fade (PO I)

• Loss of braking power due to the brake pad and rotor no longer generating mutual friction to stop the vehicle, resulting in increased stopping distances.
• Correct by letting brakes cool.

Common Causes of Accidents (PO J1-3)

Distractions

• Law enforcement driving is pressure filled and demanding.
• The officer must operate the vehicle in a safe & lawful manner while watching the flow of traffic looking for crimes and circumstances.

Misuse of Brakes and Steering

• View the vehicle as a flat stable form.
• A driver must efficiently manage the changes.

Smith’s Professional Driving System (PO K1-5)

Aim High in Steering

Provides a 15 second Eye Lead Time (ELT) which allows you to see well in advance and prepare actions.

Axis of Motion (PO L1-3)

Pitch

• Lateral Axis (Transverse Axis)
• Runs from door to door, through the middle of the vehicle.

Roll

• Longitudinal Axis runs from nose to tail, through the middle of the vehicle.

Yaw

• Vertical Axis runs from top to bottom, through the middle of the vehicle.

Vehicle Stability (PO#M)

• Acceleration causes weight to go to the rear axle.
• Braking causes weight to transfer to the front axle.
• Turning right transfers weight to the left
• Turning left transfers weight to the right.

Oversteer (PO N)

• Handling is unresponsive.
• The rear of the vehicle taking a wider path around the corner that they wish.
• Very common occurrence in inclement weather, in the rain, on ice or on snow.
• Move the steering wheel no faster or slower that the rotation.

Understeer (PO 0)

• is probably on of the most common driver issue.
• The difference between where the tires are pointed and the direction the car is going is called the slip angle.

Driving Line (PO P1-2)

Outside-Outside-Inside (Safety Line)

• Using this line, you enter the corner to the outside until The Center of Gravity of the car reaches the entrance cones.
• Dial in steering, bringing the vehicle to the inside for a late apex and exiting to the inside of the roadway allows you to pull from the corner with out any hazard ahead.

Outside-Inside-Outside (Race Line)

• Drive this line most. Driving from the outside of the corner, dive to the inside, then move to the outside when exiting the turn.

Cornering Principles (PO Q)

• Most people have never herd of the outside-outside-inside method.
• It is the safest way to take a corner.

Course Apex (PO R)

• The closest usable inside portion of the roadway.

Efficient Braking (PO S)

• Straight line braking is the most efficient, with the most contact between the tires and the road, creating rolling friction.

Slack Pursuit (PO T)

• Slack pursuit should be the very first choice of actual tactics during a pursuit. Slack pursuit is simply “slacking back” or opening a greater following distance with the fleeing vehicle.

Physiological Effects (PO U)

• Adrenaline overload, and how to reduce it.
• Breathing by inhaling thorough nose for four, then holding it for four, exhale through mouth for four, then hold for four, then repeat.

Your Abilities (PO V)

• Drive 70 %of your ability.
• A safety net should allow you make unexpected movements.

Pursuit Position (PO W)

• Put police vehicle in to a position of advantage.
• Moving as far as practical to the left without compromising distance or discipline.

Pursuit Management (PO X)

• Non-Hazardous traffic and equipment violations are non hazardous
• Identify the nature of the violation.

Terminating Pursuit (PO Y)

• Factors to consider are: -Speeds
  • The time of day
  • The presence of traffic
  • Violation conditions and the violation call

Road Hazards (PO Z)

• Concrete Roadways

• Supportive surface and have good traction, gets worse as the surface ages.

• Asphalt Roadways

• Distributional Service that gets better the older the street is. -Slick when they are new and age as the aggregate rock becomes visible.

• Night Driving Adjustments

• Drivers should make adjustments by remembering to scan peripherally and slow down.

• Adverse Conditions

• Extend following distance according to conditions.

Hydroplaning (PO AA)

• Hydroplaning can happen at very slow speeds.
• Occurs when the depth of the water becomes more than the tire tread depth.

Recovery Techniques (PO BB)

• Counter steer to keep the vehicle on the roadway.
• Add a bit of acceleration while preforming this so the vehicles weight will be reduced.

Discusses the landmark Bisco V Arlington case (1984) which established 3rd party liability for police and agencies in vehicle pursuits. An innocent bystander was awarded $5 million after being struck during a high-speed chase. This case significantly changed how law enforcement views emergency driving and response.