SHORT STORY: Officers on patrol observed a vehicle traveling at a high rate of speed in a residential zone. They activated their red lights and the vehicle pulled over. As the officers approached the vehicle sped off. It had paper plates and the officers suspected that the vehicle was stolen. The pursuit continued at a high speed. Suddenly, the vehicle swerved and came to a stop. The driver opened the door and braced it with his feet. The officers thought ‘ambush’ and attempted to stop to the rear of the suspect’s vehicle, but because of the sudden stop and their speed ended up swerving to the side of the vehicle to prevent crashing into it. The vehicles were side to side and the suspect opened the door of his vehicle which prevented the passenger door of the police vehicle from opening, trapping the passenger officer in the vehicle. The suspect exited, holding the door against the officer’s door, and had his hands down at his waist band. Fearing he was about to be shot, Officer B fired six rounds from inside the vehicle at the suspect. Officer A had exited the vehicle. Suspect ran. Officers C and D arrived and the officers went in foot pursuit. The suspect went down with his arms under his body and his arms were eventually forced out. No gun was recovered. BOPC FINDING: AD tactics and AD use of force: TACTICS (1) no Code 6; (2) did not discuss tactics at start of watch; (3) insufficient communication during incident; (4) failure to broadcast a help call; (5) pursued a possibly armed suspect; (5) should have used high risk vehicle stop; (6) initiating physical contact while holding pistol. U OF F: (1) not reasonable to believe in imminent danger.
