On March 20, 2020, at 12:58 A.M., Officer Jones of the Community City Police Department (CCPD) spotted

Fantastic news! We've Found the answer you've been seeking!

Question:

On March 20, 2020, at 12:58 A.M., Officer Jones of the Community City Police Department ("CCPD") spotted a truck driving in a subdivision where several new homes were being built. The truck was pulling a skid-steer loader (a piece of heavy excavation equipment) on a trailer behind it. Officer Jones found this suspicious, as a number of thefts from construction sites had recently been reported in the area. He ran the trailer's license plate and determined that it was not registered to an address in the vicinity. The skid-steer loader was later determined to be stolen. Officer Jones attempted to pull over the truck, but the driver Mr. Roland Smith refused to stop and ran through a solid red light. At this point, the pursuit began.

Additional officers attempted to corner Mr. Smith after he pulled into a business parking lot, but Mr. Smith evaded capture by driving straight at them. An assisting officer announced over the radio that the truck had attempted to ram her and that she had made an evasive turn to avoid being hit.

The pursuit continued, now moving beyond the parking lot and involving multiple police cars with lights and sirens in action. During the pursuit, Mr. Smith twice drove off the road to avoid spike strips, once more ran a red light, repeatedly refused to stop for patrol cars with lights and sirens activated, and generally proceeded at speeds between 30 and 50 miles per hour. He eventually turned onto eastbound I-76. Another assisting officer, Officer Connell became concerned that Mr. Smith might cross over to the wrong side of the highway in an attempt to escalate the danger of the pursuit and avoid apprehension. He decided to cross onto the wrong side of the highway himself so that he could "warn traffic of the potential danger." Mr. Smith then crossed onto the wrong side of the highway, too. Officer Connell slowed his patrol car, at which point Mr. Smith tried to ram it. Officer Connell then accelerated past the truck, stopped his car, and attempted to deploy stop sticks. Officer Connell testified that he positioned his car sideways so as to force Mr. Smith either to move back across the highway into the proper lanes or to exit the highway via an on-ramp.

Officer Connell and his partner, Officer Edwards, both exited their police car.

At this point there are key differences in each side's version of the story. Officer Edwards says that the truck appeared to be heading in his direction, so he drew his gun and pointed it at the truck. He claims that the truck then swerved left, away from him and toward Officer Connell. Officer Connell says that he then attempted to deploy the stop sticks, but quickly realized the truck was too close. He drew his gun. He claims that he was in immediate danger, about to be run over, and therefore rapidly fired at the vehicle while simultaneously trying to move out of the way. He fired either four or five shots, one of which hit Mr. Smith in the back of the head, fatally wounding him and causing the truck to crash into a tree.

Several of the facts cast doubt on Officer Aragon's claims of immediate danger. It is not clear whether Officer Connell was ever in any immediate danger at any point during the chase, and it in fact seems quite likely that whatever danger he might have perceived had passed by the time he fired the fatal shot.

The CCPD alleges that Smith had fled a lawful stop, attempted to ram multiple police vehicles, run two red lights, and had begun driving the wrong way down an interstate highway, thereby endangering innocent motorists and police officers, and argue that because of this the shooting was reasonable.

What is the legal standard that we can use to analyze the facts and decide the outcome of the case?

When is it constitutionally reasonable that an officer use deadly force?

The Court has previously held that "[t]he principles of qualified immunity shield an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law."

How does that holding apply to this case and should Officer Connell be entitled to claim qualified immunity? Make sure to be clear about what is qualified immunity and when is legally appropriate.

Did Officer Connell violate Mr. Smith's Fourth Amendment right to be free from unreasonable seizure? If so, is Officer Connell protected by qualified immunity?