Lethal Force and the High-Speed Chase

Frigid temperatures this morning means that, no, I didn’t sketch that Carolina wren al fresco outside the Supreme Court. A friend took a picture of it yesterday in Ellicott City which I stole for this composition. So, sue me.

Do police officers who fire shots at a vehicle during a high-speed chase violate the Fourth Amendment by using “unreasonable” force? ¬†Most of the Justices seemed not to think so, as long as the chase itself poses a danger.

Chief Justice Roberts: “is there any situation in which it would violate clearly established constitutional law for the police to use lethal force?”

Michael Mosley: “I hate to use television as an example, but perhaps the way the white Ford Bronco fled in the early 90′s that everybody saw on TV.”

The lawyer arguing for the daughter of the driver slain in the volley of shots fired by the police was peppered with questions from the bench, often incredulous or sarcastic.

Justice Scalia: “Okay, . . . You think it is clearly established law that you cannot shoot to kill a driver whose car is moving? Is that it?”¬†

Gary K. Smith: “If . . . “

Scalia: “Is that the principle you say is clearly established?”

Smith: “If doing so . . . “

Scalia: “My goodness, they do it all the time. You watch the movies . . . it happens all the time. Are these movies unrealistic? You cannot shoot to kill somebody in a moving car?”

Smith: “In a . . . “

Scalia: “And that is not just your view. It is, you say, clearly established law?”

The case is Plumhoff v. Rickard

 

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Courtartist is me, Art Lien. I've been sketching the courts since 1976, and for most of that time the U.S. Supreme Court has been my regular beat. I've been working almost exclusively for NBC News since 1980. Courtroom sketching is a form of visual journalism or reportage drawing that is slowly dying out. Where once upon a time news organization each had their own artist covering a story, today a "pool" artist often sketches for all. It is a demanding and stressful discipline where the drawing is often done directly and under tight deadline.

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