Case Study Racin Ray’s Wild Day

360 Words2 Pages
First, the scenario did not state that the driver of the vehicle had committed, or was in the act of committing, any offense. This was an assumption on the part of the officer. There are many innocent reasons that could have led to the driver being in that area. Second, there is no indication that the driver intended to hit the officer with the vehicle. The scenario indicates that the area was poorly lighted and the driver may not have had a clear view. Additionally, there is no indication that the officer effectively identified himself as a peace officer. Given the nature of the location, the driver may have assumed that the officer was a criminal intent on harming him. Third, if the officer was in fear of death or imminent serious bodily injury he would have been justified in shooting directly at the driver. Most departments do not allow warning shots, because they are dangerous and rarely have the effect of stopping behavior. The department’s policy is ambiguous and should be revised. Ambiguity in policy leads to officer misconduct and liability. Fourth, the pursuit should not have been allowed to continue. As previously stated, there is no clear indication of the commission of a criminal act. The officer should have obtained a license plate from the vehicle. This information can be used to track the suspect. Finally, the deputy should face harsh discipline for the use of force issues. He is carrying an unauthorized less lethal weapon, the TASER, which his actions show he is not competent to use. Additionally, he is untrained in the use of a police working dog and the dog he was using is untrained. Use of a police working dog could be considered deadly force depending on the purpose for which the dog is deployed. In this case it appears that the officer released the dog with the intention of using it to assist in the apprehension of the

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