Scott v. Harris | |
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Argued February 26, 2007 Decided April 30, 2007 | |
Full case name | Timothy Scott v. Victor Harris |
Docket no. | 05-1631 |
Citations | 550 U.S. 372 ( more ) 127 S. Ct. 1769; 167 L. Ed. 2d 686 |
Case history | |
Prior | Summary judgment for defendant denied, sub nom., Harris v. Coweta County, No. 01–148, N.D. Ga., Sept. 23, 2003; aff'd, 433 F.3d 807 (11th Cir. 2005); cert. granted, 549 U.S. ___ (2006) |
Holding | |
Because the car chase respondent initiated posed a substantial and immediate risk of serious physical injury to others, Scott's attempt to terminate the chase by forcing respondent off the road was reasonable, and Scott is entitled to summary judgment. | |
Court membership | |
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Case opinions | |
Majority | Scalia, joined by Roberts, Kennedy, Souter, Thomas, Ginsburg, Breyer, Alito |
Concurrence | Ginsburg |
Concurrence | Breyer |
Dissent | Stevens |
Laws applied | |
U.S. Const. amend. IV; 42 U.S.C. § 1983 |
Scott v. Harris, 550 U.S. 372 (2007), was a decision by the Supreme Court of the United States involving a lawsuit against a sheriff's deputy brought by a motorist who was paralyzed after the officer ran his eluding vehicle off the road during a high-speed car chase. [1] The driver contended that this action was an unreasonable seizure under the Fourth Amendment. The case also involved the question of whether a police officer's qualified immunity shielded him from suit under Section 1983. On April 30, 2007, in an 8–1 decision, the court sided with police and ruled that a "police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death." [2] In a rare occurrence, the court accepted the presentation of video evidence of the high-speed pursuit. Such procedure is quite uncommon in the Supreme Court and was viewed as part of an interesting relationship between the Supreme Court and technology. The video had a strong effect on the Court's decision and is viewed as a major factor in how the court made its decision. [3] The author of the opinion, Justice Antonin Scalia, in a first-time occurrence ever, posted the video of the car chase online (for access to the video, see external links below).
Justice John Paul Stevens, the lone dissenter, argued that the videotape evidence was not decisive, as the majority claimed it to be, and that a jury should determine if deadly force was justified. He stated a jury should be used, instead of the case "being decided by a group of elderly appellate judges," a reference to himself and his colleagues on the court (this sentence is not in the text of the dissent, but he pronounced it while reading the opinion at bench). [4]
Three law professors created an experiment based on the video, showing it to over a thousand subjects and then asking them whether they thought the use of deadly force was reasonable. The study found "[a] fairly substantial majority did interpret the facts the way the Court did. But members of various subcommunities did not." The study and the disagreement over the reasonableness of the use of deadly force was reported in the Harvard Law Review. [5]
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Specifically, the decision held that a police officer does not violate the Fourth Amendment to the U.S. Constitution's prohibition on unreasonable searches and seizures when questioning someone even though the officer lacks probable cause to arrest the person, so long as the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. The court also ruled that the police officer may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is "armed and presently dangerous." This reasonable suspicion must be based on "specific and articulable facts," and not merely upon an officer's hunch.
Michigan v. Long, 463 U.S. 1032 (1983), was a decision by the United States Supreme Court that extended Terry v. Ohio, 392 U.S. 1 (1968) to allow searches of car compartments during a stop with reasonable suspicion. The case also clarified and narrowed the extent of adequate and independent state ground, allowing U.S. Supreme Court review of state supreme court decisions unless they explicitly appealed to state laws.
A car chase or vehicle pursuit is the vehicular overland chase of one party by another, involving at least one automobile or other wheeled motor vehicle, commonly hot pursuit of suspects by law enforcement. The rise of the automotive industry in the 20th century increased car ownership, leading to a growing number of criminals attempting to evade police in their own vehicle or a stolen car. Car chases may also involve other parties in pursuit of a criminal suspect or intended victim, or simply in an attempt to make contact with a moving person for non-conflict reasons.
The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject".
A traffic stop, commonly referred to as being pulled over, is a temporary detention of a driver of a vehicle and its occupants by police to investigate a possible crime or minor violation of law.
Illinois v. Caballes, 543 U.S. 405 (2005), is a decision by the Supreme Court of the United States in which the Court held that the use of a drug-sniffing police dog during a routine traffic stop does not violate the Fourth Amendment to the U.S. Constitution, even if the initial infraction is unrelated to drug offenses.
Illinois v. Wardlow, 528 U.S. 119 (2000), is a case decided before the United States Supreme Court involving U.S. criminal procedure regarding searches and seizures.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule, is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
The Supreme Court of the United States handed down eight per curiam opinions during its 2006 term, which began October 2, 2006 and concluded September 30, 2007.
Brendlin v. California, 551 U.S. 249 (2007), was a decision by the Supreme Court of the United States that held that all occupants of a car are "seized" for purposes of the Fourth Amendment during a traffic stop, not just the driver.
Berkemer v. McCarty, 468 U.S. 420 (1984), is a decision of the United States Supreme Court that ruled that a person in police custody following a misdemeanor traffic offense was entitled to the protections of the Fifth Amendment pursuant to the decision in Miranda v. Arizona 384 U.S. 436 (1966). Previously, some courts had been applying Miranda only to serious offenses.
Whren v. United States, 517 U.S. 806 (1996), was a unanimous United States Supreme Court decision that "declared that any traffic offense committed by a driver was a legitimate legal basis for a stop."
Pennsylvania v. Mimms, 434 U.S. 106 (1977), is a United States Supreme Court criminal law decision holding that a police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment to the United States Constitution.
The shooting deaths of Timothy Russell and Malissa Williams, two Black American individuals, occurred in East Cleveland, Ohio on November 29, 2012, at the conclusion of a 22-minute police chase which started in downtown Cleveland. Police claimed shots were fired at them as Russell and Williams drove by a squad car; however, this was their vehicle backfiring. Over 60 officers participated in a 23-mile police chase that ended in Russell and Williams' vehicle being surrounded. The victims had no weapon on them and police claimed they fired due to being fired at. Thirteen police officers fired at Russell and Williams 137 times while they were in their car at a parking lot of a middle school, killing both. In May 2014, one of the officers involved, Michael Brelo, was charged with two counts of voluntary manslaughter, and was acquitted by a Cuyahoga County judge of the charges on May 23, 2015.
Rodriguez v. United States, 575 U.S. 348 (2015), was a United States Supreme Court case which analyzed whether police officers may extend the length of a traffic stop to conduct a search with a trained detection dog. In a 6–3 opinion, the Court held that officers may not extend the length of a traffic stop to conduct a dog sniff unrelated to the original purpose of the stop. However, the Court remanded the case to the United States Court of Appeals for the Eighth Circuit to determine whether the officer's extension of the traffic stop was independently justified by reasonable suspicion. Some analysts have suggested that the Court's decision to limit police authority was influenced by ongoing protests in Ferguson, Missouri.
Navarette v. California, 572 U.S. 393 (2014), was a case in which the United States Supreme Court clarified when police officers may make arrests or conduct temporary detentions based on information provided by anonymous tips. In 2008, police in California received a 911 call that a pickup truck was driving recklessly along a rural highway. Officers spotted a truck matching the description provided in the 911 call and followed the truck for five minutes, but did not observe any suspicious behavior. Nevertheless, officers conducted a traffic stop and discovered 30 pounds (14 kg) of marijuana in the truck. At trial, the occupants of the car argued that the traffic stop violated the Fourth Amendment of the United States Constitution, because the tip was unreliable, and officers did not personally observe criminal activity. Writing for a majority of the Court, Justice Clarence Thomas held that the 911 call was reliable, and that officers need not personally observe criminal activity when acting upon information provided by an anonymous 911 call.
Mullenix v. Luna, 577 U.S. ___ (2015), was a case in which the Supreme Court of the United States held that a police officer who shot a suspect during a police pursuit was entitled to qualified immunity. In a per curiam opinion, the Court held that prior precedent did not establish "beyond debate" that the officer's actions were objectively unreasonable.
Collins v. Virginia, No. 16-1027, 584 U.S. ___ (2018), was a case before the US Supreme Court involving search and seizure. At issue was whether the Fourth Amendment's motor vehicle exception permits a police officer uninvited and without a warrant to enter private property, approach a house, and search a vehicle parked a few feet from the house that is otherwise visible from off the property. In an 8–1 judgement, the Supreme Court ruled that the automobile exception does not apply to vehicles parked within the home or the curtilage of a private homeowner.
Plumhoff v. Rickard, 572 U.S. 765 (2014), is a United States Supreme Court case involving the use of force by police officers during high-speed car chases. After first holding that it had jurisdiction to hear the case, the Court held that the conduct of the police officers involved in the case did not violate the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures.