Case Law: Bisco v Arlington & Canton v Harris

Performance Objective Reference Material

• Serves as an accompaniment to the P.O.S.T. mandated Performance Objectives for N.A.C. courses, specifically for Category I, II, III, and Reserve peace officers.
• Aids in understanding course objectives and developing lesson plans.
• Instructors should allocate time to study, research, and create interactive student activities.

Case Law and Legal Impacts

• Case law impacts officer operations and may have repercussions if not followed.
• Major cases in the past decade changed law enforcement approaches to emergency situations.

Bisco v Arlington (07/1984)

• Established 3rd Party Liability for police officers and agencies involved in pursuits.
• Arlington County, Virginia was liable for injuries to an innocent bystander during a pursuit.
• The innocent bystander was awarded $5 million after losing both legs.
• The officer had violated policies prohibiting high-speed chases with inadequate training.

Canton v. Harris (02/1989)

• Dealt with an agency's deliberate indifference to training issues.
• Geraldine Harris was denied medical attention at the police station after a 1978 traffic arrest
• Harris sued Canton and its officials for violating her Fourteenth Amendment rights
• The Court of Appeals stated that the plaintiff must prove reckless or negligent lack of training that deprived constitutional rights.
• In February 1989, the U.S. Supreme Court ruled that 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.

Brower v. Inyo (03/1989)

• On October 23, 1984, the decedent was driving southbound on Highway 395 pursued by an Inyo County Deputy Sheriff, Craig Oyster.
• Oyster believed Brower was in possession of a stolen automobile, a felony under California State Law
• Deputy Reginal Sides set up a roadblock with James M Holmgren who was employed by Missouri-Nebraska Express.
• Holmgren was directed to place the tractor-trailer within his control across the highway to block both lanes.
• Sides parked his police vehicle 200 feet ahead of the tractor-trailer directing his vehicle's headlights to the approaching Brower.
• Brower drove past Side's vehicle at a high rate of speed and slammed into the tractor-trailer rig and died shortly after the impact.
• Sheriff’s Deputy provided no alternative escape routes or opportunity for Brower to stop.
• Fourth Amendment rights were violated when Brower was stopped with the roadblock
• Setting up a roadblock in such a dangerous manner constituted unreasonableness.

Sacramento v. Lewis (05/1998)

• Deputy James Everett Smith and Officer Murray Stapp responded to a call to break up a fight, and Stapp saw Brian Willard on a motorcycle with passenger Phillip Lewis.
• Stapp turned on his police lights and tried to pen the motorcycle in.
• Instead of pulling over, Willard slowly maneuvered the cycle between the two police cars and sped off at a high speed.
• Smith pursued in a high-speed chase at 100 miles per hour for 75 seconds over the course of 1.3 miles.
• The chase ended after the motorcycle tipped over, and the patrol car traveled 40 miles and hour propelling him 70 feet down the road.
• Mr. Lewis's parents accused the office of recklessly depriving their son of his 14th amendment rights.
• Fourth Amendment protections do not apply to high-speed chases
• Deputy's actions were not intended to injure or kill those pursued.

Scott v. Harris (04/2007)

• In March 2001, Victor Harris drove 73 mph in a 55 mph zone.
• Deputy Timothy Scott sped up and hit Harris' vehicle, which caused it to crash.
• Harris sustained injuries rendering him a quadriplegic and sued.
• Deputy Scott claimed qualified immunity as a government official acting in his official capacity
• Deputy Scott's actions were a reasonable and constitutional use of deadly force under the 4th amendment.
• It is reasonable for a police officer to cause harm to fleeing motorist to prevent harm to innocent bystanders.

Plumhoff v. Rickard (05/2014)

• July 18, 2004, Officer Forthman pulled over Donald Rickard for an inoperable headlight.
• Rickard sped way, where Officer Forthman called for backup and pursued.
• Rickard and passenger Kelley Allen were shot at and died.
• Police use of deadly force was not unreasonable given the threat to public safety
• Officers were entitled to qualified immunity because they did not violate any clearly established law.

NRS Elements

• NRS laws affect how officers operate patrol vehicles.

NRS 484B.550 Stop required upon signal of peace officer; manner in which signal must be given; penalties

• A driver who willfully fails or refuses to stop, or who otherwise flees or attempts to elude a peace officer is guilty of a misdemeanor.
• The signal described must be by flashing red lamp and siren.
• Proximate cause of damage to property or operation in a manner which endangers any person or property, is guilty of a category B felony with various terms of imprisonment and fines.
• The driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.
• If convicted a violation of NRS 484C.110 or 484C.120 relating to driving under the influence, out of the same as a violation of subsection 1, the driver is guilty of a category D felony.
• 484A.480-"Designation of authorized emergency vehicles; equipment; limitations on use of warning devices. A signal includes a red flashing light and siren

NRS 484B.700 Privileges granted to driver of authorized emergency vehicle

• When responding to an emergency call, in pursuit of law violator, or escorting funeral, drivers can proceed past a red light/stop sign after slowing as necessary.
• Drivers may exceed speed limits if life/property isn't endangered, except while escorting a funeral procession and they may not exceed the speed limit by more than 15mph.
• Drivers can disregard regulations governing movement direction, with escort vehicles directing procession traffic in a similar manner.
• Subsection 1 privileges apply if the vehicle uses audible and visual signals, or visual signals only.
• Drivers can park or stand without regard to NRS chapters 484A to 484E if they use a warning lamp.
• Section provision do not relieve the driver from duty to drive safe and does not protect from reckless disregard for safety of others.

NRS 484B.267 Operation of vehicle on approach of authorized emergency vehicle or official vehicle of regulatory agency

• Drivers must yield right-of-way to an authorized emergency vehicle using flashing lights.

The Way One Drives and Influences

• Law enforcement officers are held to a higher standard than the public.
• There are 4 main elements that will influence how one drives:
  • Attitude
  • Distraction
  • Environmental Conditions
  • Condition of Vehicle

Attitude

• Includes ego, overconfidence, and unwillingness to change false ideas.
• Overconfidence can cause people to misjudge abilities or opinions.

Distraction

• Includes texting, eating, adjusting car stereo
• At 55 mph, looking at text for 5 seconds is like driving the length of a football field with your eyes closed.

Environmental Conditions

• Nevada weather can switch from extreme to extreme.
• Drive appropriately slow in emergency situations

Vehicle Condition

• Support personnel have a responsibility to maintain patrol vehicles
• Mechanical malfunctions must be immediately reported.

Most Important Elements of a Vehicle

• Tires are key for safety and easy for officers to check.
• Smooth tires can provide traction on dry pavement, but be very dangerous on wet pavement

Wear Bars

• Tread depth is measured in 32nds of an inch.
• 2/32" is the legal minimum tread depth in most states
• Federal Motor Vehicle Safety Standards (FMVSS) require that tires be manufactured with tire wear bar
• Replace it if the tire is worn to 2/32″, to avoid hydroplaning,.

Tire Pressure

• Maintaining proper "cold" tire pressure is recommended.
• A rise in tire temperature will result increase the pressure of the tire.
• In a high-speed turn an under inflated tire may roll off the rim.

Common Tire Problems

• Under Inflation: An under inflated tire is the most common tire problem and only being 6 psi low could lead to tire failure.
• Over InflationHigher inflated tires cannot isolate road irregularities will, causing them to ride harsher.
• Tires are manufactured by bonding rubber to fabric plies and steel cords and are perishable with a useful ife of 6-10 years.

Wear

• Regularly checking tread depth and Wear can Detect needed maintenance.

Why Tire Wear Matters

• To little tire tread can create unsafe driving conditions
• Caused by wear on inside or outside , the tire out balance, or stone bruising
• If a tire has corduroy exposed, or there is a bubble there is a likelihood of a blow out.

Undulations

• Undulations: By federal standards, there are 92 cords per inch which can withstand higher air pressure

Cuts on the sidewall of the tire

• They are very common and whether or not the cord has been damaged or exposed. Use pen to check.

Rolling Friction

• Rolling Friction is the Centripetal Force necessary to pull the car around the corner.

Brake Fade

Is the term used to describe the temporary reduction or complete loss of braking power.

Common Cause of Accidents

• Caused by distractions like traffic, infractions, crimes in progress, suspicious individuals, radio, and in car computer.

Misuse of Brakes and Steering

• Major accident causes include misuse of steering and misuse of brakes.
• Any change in the distribution of weight will have an effect upon handling of the vehicle

Smith's Professional Driving System

• Aim High in Steering: Create a 15 second Eye Lead Time which creates safest lane of travel.
• Avoid staring at your stationary object as you count, you don’t want a potential hazard to go unnoticed.

Peripheral Vision (Fringe Vision)

• Our fringe vision alerts us of movement or color change from the sides (peripheral vision)
• The following will help insure a safe scene.
• Slow down.
• Increase following distance

Axis of Motion

• The rotation of the Lateral axis is called Pitch
• Vertical Axis o Runs from top to bottom, through the middle of the vehicle o which is called Yaw
• Longitudinal Axis runs from nose to tail, through the middle of the vehicle which is called Roll

Vehicle Stability

• Acceleration causes weight to go to the rear axle.

Oversteer

When the rear of the vehicle is unresponsive you are experiencing a handling characteristic known as "over steer"

Understeer

• Under Steer is probably one of the most common driver errors.
• The maximum efficient slip angle you can achieve is 19-21 degrees

Driving Line - Safety Line Outside-Outside-Inside

• The safest path through a corner, most people have never heard of this cornering line.
• See PO#P1 for more detail if necessary.

Course Apex

• Course apex is the closest inside usable portion of the roadway

Efficient Braking

• Straight line braking is the most efficient
• One should achieve 80-90% of braking in a straight line to increase efficiency in driving.

Slack Pursuit

• Recommended following distance in a pursuit is at least four seconds but should generally be six seconds or more

Physiological Effects

• Officers are suggested to used Chi Breathing, Sanshin breathing, Autogenic breathing or Combat Breathing in cycles
• Breathe in through nose for count of four, hold breath for a count of four, exhale, etc.

Your Abilities

• Drive 70% of limit to avoid going wrong

Pursuit Management

• Policy of department has guidelines to initiate
• Technique of policy in place for risk and hazard.

Pursuit Position

Simply moving to the left is advantagous

Terminating pursuit

Weigh observations against policy

Road Hazards

• Reading Road is a Supportive vs Distributive surface Concrete vs Asphalt
• Simple 3-6-9 rule to help maintain safety

Hydroplaning

Front-wheel-drive self corrects when hydroplaning, because it is the drive wheels that leave the road surface.

Overview of Bisco v. Arlington (1984) case establishing 3rd party liability for police pursuits and Canton v. Harris (1989) regarding failure to train. These cases impact officer operations and training. The cases highlight the need for proper training to avoid legal repercussions.