Wednesday, July 29, 2009

Chicago Police Authorized To Shoot At Fleeing Automobiles?


Chicago, IL—I guess the city fathers are more than just crooked, they’ve lost their freaking minds!

Starting Monday cops will be “allowed” to fire shots at fleeing automobiles that contain certain suspected felons.

Since the cops can’t see inside the vehicles imagine if they hit a small child killing him of turning him into a quadriplegic? Lamont Gangbanger just happened to have brought his four year-old brother, Termaine Gangbanger along for that drive by shooting.

I seriously doubt that this whacko policy comes with an offer of immunity from prosecution from state and federal prosecutors.

Tennessee v. Garner, 471 U.S. 1 (1985)[1] is the law of the land since 1985, however the court never spoke to the issue of the accidental shooting of innocent third parties including hostages concealed in vehicles.

Is this order some kind of empty threat aimed to deter the hood rats or do they just want to see their cops to go to prison and experience non-stop Buga-Buga from fellow prisoners?

I would advise every cop in Chicago to remember that Mayor Daley and his puppet J-Fed have never had your back. It won’t be them getting indicted by that Federal Grand Jury, it will be you. Whatever you do, don’t pick up that bar of soap!

Update: After the new policy was reported in the Chicago Sun Times it suddenly became unpopular with members of the City Council and the Mayor. I suspect that J-Fed has fallen into quicksand as a result.

I have to ask just what was the rationale for changing this use of force policy? If anyone knows, please pass it on to me.

10 comments:

Anonymous said...

According to Daley and the 7th U.S. Circuit Court of Appeals the Billof Rights does not apply to the States or local Givts,only to the Federal Govt.

38 and Gone said...

I would like to know exactly how long you were the real police in Chicago. Did you ever make Dic? What was your experience In Chicago? How many times have you testified before the Grand Jury in Cook County? Who are you to debate whether a cop should be allowed to shoot at someone trying to run him or his partner down? Been there, done that. Having been in Area Four for a number of years during the 70's, I don't remember your name on any memorable cases.

38 and Gone said...

P.S.

Read the decision on the case you cite. Fleeing juvenile burglar on foot. Not someone trying to kill a cop.

Just suck up to all the Michael Jackson fans.

Paul Huebl Crimefile News said...

My time as a Chicago cop did not include being more than a street patrolman serving in 012.

With the county police, I had lots of homicide experience not as a detective but from watching more than 700 post mortem examinations at the Cook County Morgue (pre-medical examiner days) I also was present with the murder suspects during inquests. I learned from some of the best homicide dicks around. They no longer hold inquests in counties with a population over 100,000 people. .

I have testified numerous times before Cook County Grand Juries, mostly on drug cases.

I earned two Department Commendations and a bunch of Honorable Mentions.

I became a licensed private detective doing criminal defense on major felonies, death penalty matters. I also have handled police and merit board defense investigations on behalf of cops in Chicago, Phoenix, Tucson and Los Angeles accused of misconduct and crimes.

I specialize in self-defense and use of force cases.

I support open internal investigation records as I condemn maintaining records were officers were falsely accused and cleared. Chicago police discipline has always been grossly unfair and open records will show that. Clout will no longer trump equal protection under law.

I hate the concept of a police department telling officers to fire at fleeing vehicles when I remain convinced that the first time an innocent third party is killed, they will hang the officer.

I want cops better armed and to always get the benefit of every doubt.

Paul Huebl Crimefile News said...

I only made the front page of the Chicago Tribune once. That was on July 23, 1976. My picture was below the fold.

I'm not a fan of Michael Jackson or his fans.

Anonymous said...

This is a classic Chicago move.They are going to get some snot office to bust some caps at a fleeing car for some PP offense.The office will hit something he shouldnt and the brown envelopes will be distributed after the civil trial.

Anonymous said...

Patrol is the most elite position in a department.Everything else is support.

Anonymous said...

38 and Gone said:
"Who are you to debate whether a cop should be allowed to shoot at someone trying to run him or his partner down? Been there, done that."

I don't think any mention was made of shooting at a vehicle that was trying to run an officer down. If I'm not mistaken, it said "fleeing vehicle". Big difference. I also happen to agree with Paul that having this sort of policy kind of gives the green light to newer officers who don't have the experience to know better than to shoot at a fleeing vehicle. And of course, the first poor bastard that hits someone unintentionally is going to pay big time, maybe with his freedom too.

Anonymous said...

In reference to 38 and gone, I agree with you Crimefile, nothing good can come from this policy change. Nothing prohibits an officer from firing at a vehicle when he is in fear of his life and the vehicle is coming at him, AND HE IS NOT ABLE TO MOVE OUT OF THE WAY. I have investigated 400 plus police related shootings, at least, all over the City. If 38 and gone was honest he would own up to the fact that we got into trouble in the late 90's and early 2000's for shooting at vehicles, because "they were coming at me." Most cases they were hot cars and the offender was trying to escape not run down the police, or some traffic offense or other misdeameanor. When the offender wouldn't stop we (the police) fired, when we could have moved. I'm glad to see a reversal of JFED's proposed trial balloon on this policy change. I agree with Crimefile, it would do nothing but put some poor copper in the poor house or in jail. Fuck him if he's not a life threatening danger to you, your partner or another PO, let the SOB go, why would you want to shoot him, risking the chance of hitting some innocent person and lose your house, job and possibly go to jail. Screw JFED and Daley.

Anonymous said...

Mayor Daley has already announced that this change will not take place.

J-Fed must feel pretty low by now, knowing that he is not even a puppet, he cannot make any changes without the Mayor's nod plus the city council's approval (all clout, gangsters, some convicted felons).

Chicago needs a Federal Takeover in all departments to rid this city of total corruption.

p.s. That was suppose to be the federal model of shooting at fleeing vehicles?

Hang in there Paul, we still love you buddy!

Old CPD (020)