CPD Policy Would Allow Cops To Shoot At Fleeing Cars

Tennessee v. Garner, 471 U.S. 1 (1985)[1], was a case in which the Supreme Court of the United States held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

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The Chicago Police Department is considering a major change in policy regarding the use of deadly force.

The department is looking at allowing police officers to fire their guns under circumstances where they previously could not.

The new policy, from police Supt. Jody Weis and confirmed by WBBM Newsradio 780 Wednesday morning, would allow police officers to shoot at fleeing vehicles if the driver or passengers are suspected of committing a felony.

Earlier today, a police spokesman told Newsradio 780 that the policy would take effect on Monday.

"Now officers will be able to fire upon the driver or passenger in a vehicle if that person is a forcible fleeing felon, someone who has committed a very serious offense resulting in bodily harm or has threatened to commit great bodily harm," Drew told Newsradio 780.

The old policy allowed officers only to shoot at vehicles that pose a threat to them or others, such as if the driver were trying to run down the officer.

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they should not be allowed to fire on fleeing cars unless that driver poses an immediate threat to the people in the area...

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