Reference no: EM133801560

Members of the Pineville County Sheriff's Department have been involved in several vehicle pursuits including one which resulted in the death of a 14-year-old juvenile who crashed trying to outrun the police in his parents' car. Due to lawsuits being filed against the department and public outcries of excessive force, the sheriff modified and tightened the department's policy regarding pursuits to where supervisors were to cancel any pursuit not involving violent felonies "or in the absence of any other circumstance that would justify the danger and potential liability of such a pursuit." All officers have been trained in the new policy. The policy includes a warning-shot provision whereby they can only be used safely and if the circumstances warrant.

At around 9:00 P.M. Deputy Ray Ripley is on a special detail patrolling an industrial park due to frequent reports of vandalism and building material theft. Ripley has been on the department for a little over a year, graduating from the police academy, finishing his field training program, and, about 3 months ago, completing his probationary period.

One day Ripley, while driving through the industrial area, observes a vehicle backed into one of the docking bays-an area that is normally vacant after hours. While about 50 yards from the vehicle, Ripley turns on his spotlight and begins slow approaching the car. Upon seeing the officer's spotlight, the driver of the vehicle leaves at a high rate of speed, driving directly at Ripley, wherein the officer stops his vehicle, exits, and yells "halt"; he then fires a warning shot from his duty weapon into the air in front of the car. The vehicle veers around his patrol car and exited the docking area. Ripley gets back into his car, immediately accelerates after the vehicle, and advises the dispatcher he is in "hot pursuit of a possible burglary suspect."

The shift commander-a patrol lieutenant-hears the radio transmission and begins driving in the direction of the pursuit while asking for more information; Ripley again states it's a possible burglary suspect and that he is driving over 100 mph. At about that same time, the driver of the vehicle, thinking he is still being pursed, crashes his car into a tree. When the sheriff's units arrive, it is determined that the man driving, married with children, is vice president of the business where he was originally seen parking and has a prostitute in the car with him.

Answer the below questions base on the above scenarios

1. Do you see any issues or problems with the department's new pursuit policy or the firing of "warning shots? If so, what were they?

2. Do you think Ripley's approach to the vehicle in the docking bay was warranted? Good police procedure? What could he have done differently?

3. Was Ripley justified in firing the warning shot under these circumstances? Why or why not?

4. Do you believe any of Ripley's actions subjected the department to being deemed liable for damages if either passenger sued? Give which actions and why.

5. Is a departmental Internal Affairs investigation warranted concerning Ripley's actions?