December 30, 2024

Police officers may use excessive amounts of force when they try to make an arrest or subdue a suspect. If you or a loved one has been injured through an excessive use of force, the Helbraun Law Firm can help.

Officers often execute an extremely dangerous maneuver during chases to make the driver lose control of their car. Even though this method is often fatal, police officers even use it during high-speed chases. While the legal rules regarding this maneuver are uncertain, you may be able to make the case that it could be considered an excessive use of force, potentially making you eligible for financial compensation.

Call a police misconduct lawyer at the Helbraun Law Firm for a free initial consultation if you believe that you have been the victim of police misconduct. We can wage a vigorous fight for justice on your behalf.

What Is a Precision Immobilization Technique?

Police officers throughout the country frequently execute dangerous maneuvers during high-speed chases that risk killing and injuring innocent bystanders. Officers are deliberately ramming vehicles during chases in an attempt to get them to spin out and lose traction. Not only are suspects often killed by this maneuver, but other people in the vicinity are placed at risk. The problem is that not only is this activity legal, but it is also encouraged by many police departments in their operating manuals.

The specific tactic at issue is called a precision immobilization technique (PIT). The police officer would drive alongside the suspect’s car. They would reach a point where their car would overlap the suspect’s car by about two to three feet. At that point, the officer would make contact with the rear fender of the suspect’s vehicle, oftentimes at high speeds. The back end of the suspect’s car would be pushed sideways. At that point, the suspect’s car would lose traction and spin out in the direction in which they were struck. In some cases, police departments have been acquiring decommissioned military vehicles solely to execute PITs.

Police Officers Use PITs at High Speeds

A PIT is always dangerous, but some police departments specifically prohibit officers from executing the tactic at speeds greater than 45 miles per hour. In Los Angeles, police officers are barred from using a PIT when the suspect’s car travels over 35 MPH. However, there are documented instances of police officers carrying out PITs in high-speed chases of up to 120 miles per hour.

There are some police departments that believe that a PIT constitutes the use of deadly force, and that is borne out by the data. Officers executed PITs at speeds of at least 90 mph in chases that killed 20 people, and at least 120 mph in PITs that killed six of them. In one case, an officer initiated a high-speed chase over a cracked windshield. When the driver would not pull over, the officer executed a PIT, and the suspect’s car struck a telephone pole, killing a passenger.

A PIT May Be an Excessive Use of Force

Whether a PIT constitutes excessive force is an open question that courts recently have had to address. The United States Supreme Court has held that whether police use of force violates the Fourth Amendment depends on whether it is the kind of force that a reasonable officer could have used in the specific circumstances. The 9th Circuit has held that a PIT can be considered a seizure that is subject to the Fourth Amendment, even though it did not find that the PIT in this specific case was an excessive use of force based on the circumstances.

However, there is a legal opening for one to challenge the use of a PIT as an excessive use of force in different circumstances. Numerous plaintiffs throughout the country have filed lawsuits against police departments for injuries suffered after an officer executed a PIT. In one recent lawsuit filed in Georgia, the families of two victims filed a lawsuit against the local police department because the officer carried out a PIT in a high-speed chase on a highway. The occupants of the car were ejected from the vehicle and killed.

Local police departments in California have their own regulations about when a PIT can be used. First, state law does not prohibit the use of PIT, suggesting that is can be an appropriate method of stopping a car during a chase. The California Vehicle Pursuit Guidelines state:

“Additional methods of intervention may include the PIT technique (Pursuit Intervention/Immobilization Technique), spike strips, and/or other technologies.”

The Guidelines then provide a long list of factors that officers must consider when deciding whether to execute a PIT. These factors can include:

The individual officer’s training
The speed at which the pursuit is occurring
The location of the chase
Whether there are other vehicles or pedestrians in the area

Then, individual police departments have their own rules about the use of PITs. For example, the City of Fontana states

“The PIT should only be used after giving consideration to the following: 1. The technique should only be used by officers who have received training in the technique, including speed restrictions. 2. Supervisory approval should be obtained before using the technique. 3. The need to immediately stop the suspect vehicle reasonably appears to outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public. 4. It reasonably appears the technique will terminate or prevent the pursuit”

PIT-related lawsuits are still a relatively newer area of the law, and there are not necessarily any firm rules that guide these cases. Nonetheless, if you or a loved one have been injured by a PIT, you should not hesitate to contact a police misconduct attorney to review your case and help determine whether you have a potential lawsuit,

Contact a San Francisco Police Misconduct Law Firm Today

Schedule a free initial consultation with the Helbraun Law Firm if you believe that the police have acted wrongfully in your case. You can speak with a San Francisco police misconduct lawyer by visiting our website or calling us today at 415-982-4000.

David M. Helbraun

Attorney David M. Helbraun at the Helbruan Law Firm in San Francisco emphasize litigation and conflict resolution in the areas of legal malpractice, civil rights & police misconduct and insurance & tort litigation.