High-speed Car chases
In California, law enforcement is empowered to pursue suspects who attempt to evade capture. However,it is crucial to distinguish between the act of apprehending a suspect and engaging in a perilous car chase. While there is no comprehensive state law that explicitly prohibits car chases, many police departments are implementing policies designed to reduce officers’ participation in hazardous pursuits.
Deadly force Limits
In 1985, the Supreme Court determined that law enforcement officials may use deadly force against a fleeing suspect only when absolutely necessary to prevent their escape. Officers must have reasonable grounds for believing that the suspect poses a significant risk of causing fatal harm or serious injury either to themselves or others. Furthermore,in 2015,the Court clarified that the use of force could involve firing multiple rounds into a moving vehicle (resulting in the driver’s death from four of those shots),even if the officer had not received training on this specific tactic nor had prior experiance with it.
Guidelines Police Officers Follow During Motor Vehicle Pursuits
Established police protocols dictate that pursuits should only commence with activated red lights and sirens while ensuring officers drive with due caution for all road users. factors such as the seriousness of the offense, potential risks posed to public safety, and current driving conditions must be evaluated before initiating any pursuit. If risks outweigh potential benefits-such as when an officer loses sight of the pursued vehicle or bystanders are endangered-the pursuit should be terminated.
The speed during these pursuits is continuously monitored by both officers and supervisors; if speeds become excessively dangerous or exceed an officer’s ability to maintain safe control over their vehicle, then ending the pursuit should be considered wise. The number of vehicles involved in such pursuits is generally limited to two patrol cars along with one supervisory unit; however, additional units may be requested when deemed necessary. Officers not directly engaged should remain alert regarding updates on pursuit status and location.
Vehicles without emergency equipment are typically prohibited from initiating or participating in chases; nonetheless, officers operating these vehicles may engage during critical incidents involving severe crimes or life-threatening situations. When feasible, air support should be utilized; once aerial units establish visual contact they will take command over ongoing pursuits. Tactics for intervention during chases-such as deploying road spikes or ramming-should only occur under supervisor approval and must align reasonably with situational circumstances and associated risks.
- Related Articles:
- who Pays for Damage to property Caused During a High-Speed Pursuit?
- Vehicle Code 17004.7 – Police Liability During Chases
- VC 2800.1 – Evading Police
- VC 2800.4 – Evading Police by driving on the Other Side of the Road
- VC 2800.3 – Evading Police Causing Injury or death
Penalties For Evading Arrest
California legislators regard fleeing from law enforcement as an irresponsible action which can result either in misdemeanor charges or more severe felony accusations depending on each case’s specific circumstances surrounding it.The California Vehicle code Section 2800.2 VC addresses reckless attempts at evasion while operating a motor vehicle.If convicted for minor reckless evasion offenses you could face up one year imprisonment along with fines reaching $1,000.Conversely if found guilty specifically for dangerously eluding authorities penalties might include:
- A maximum sentance up three years incarceration.
- A substantial fine amounting up $10,000.
Additionally judges may order impoundment lasting thirty days upon yoru arrest whereupon you would incur costs related both storage fees incurred during this period plus expenses associated retrieving your vehicle initially after being taken into custody.
To secure conviction based upon reckless evasion prosecution needs establish:
- You intentionally attempted evade police presence.
- The identity confirming both your vehicle belonged police department.
Whether you’re worried about receiving citations versus facing arrest due serious offenses attempting evade capture through high-speed maneuvers will likely worsen matters considerably leading further legal complications down line including civil liability claims resulting damages inflicted property injuries sustained individuals involved incident itself.
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Yuliya Kelmansky is an Expert attorney who has over 15 years of practice defending a variety of cases.
