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TBFGhost -> RE: "pit manuever" a bike?! (5/8/2008 4:39:09 PM)
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It may be challenged in court and if they ever do it and it will be ruled illegal. To perform a PIT on a bike is crazy because you are VERY likly to kill or cause serious injury to the rider(s). In order for a PIT to be used the criteria for using deadly force(eg a gun) must be met. And inorder for the police to used deadly force on someone who is fleeing them they must be a threat to the police or the public. IE a person fleeing the scene of a crime where they have already shot or shot at someone and they are still carrying the gun while running away, the police would be perfectly fine legally putting three rounds into the back of that guy. They cannot shoot a fleeing suspect if said suspect is fleeing without a weapon and/or do not pose a serious threat to the public. THEREFORE, to me, you CANNOT use a PIT manuever on a fleeing rider UNLESS that person is weilding a gun or weapon or somehow poses a serious threat to public saftey. The bike fleeing alone does pose a threat large enough to justify killing the rider and or passenger as well as the risk to the public when the police vehicle itself is in a high speed pursuit....if the bike hits another car, that car's occupants will be just fine, HOWEVER, if the police vehicle giving chase slams into another car....that could cause problems..... so there is kind of a double wammy against using a PIT here.....I personally don't think it is constitutionally legal in using deadly force in this case and it puts the public at risk where is really should not be. And as far as I know, PA, NY and NJ you are not even allowed to do a PIT on anything let alone a bike. You have to think about it this way. Can a police officer shoot a speeder just because they where speeding and won't stop? Are they allowed to pull you over, say you were speeding, you were doing 56 in a 25, put a bullet in you head and walk away? NO, HELL NO, therefore if they start a chase and end it with the rider dead, haven't they done the same thing if they knew that chasing said rider would end up killing them and what do you think the odds are that a PIT would end up with the rider dead? basically, if anyone wants to put up any kind of fight it will be ruled illegal......
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