Liability and Accountability
Few pursuits are
called off when a stolen police car is involved. After
all, a suspect is fleeing in a high-performance vehicle
that generally contains a shotgun. This perpetrator also
has access to lights and sirens, and can monitor the
police radio. The result is a major liability issue: if
the stolen cruiser results in a death, everybody will
question it; the media will be relentless.
Attorneys for
parties adversely affected by events involving stolen
patrol cars have recently started looking at this issue
as preventable, especially with today's technologically
advanced anti-theft devices. More law enforcement
agencies are being held accountable for damage, injuries
and deaths as the result of these incidents.
In Columbus, OH
a citizen's car was damaged when two boys driving a
stolen police car plowed into it. The boys took the
cruiser when an officer left the vehicle running with
the lights on and went to back up another officer.
Initially, the Columbus Division of Police denied the
claim under Ohio's Immunity Law that protects a city
from liability when officers are responding to
emergency, urgent or dangerous situations. The decision
was overturned however, and the department was
found liable and ordered to pay all damages.
Emergency runs,
rapid departure and immunity no longer protect agencies
from liability. Accountability is a must which is why
more departments are evaluating their current procedures
and looking at anti-theft equipment.
"If you don't
have the key you're not going anywhere," explained Jeff
Christensen, President of Secure-Idle. "When you turn on
the system, physically the car is 100% running and
functional, but mentally the car is 100% off. To
disengage the system, you simply put the key back into
the ignition, turn it to the on position, put the car in
drive and drive away. If someone jumps into a car
equipped with our unit and tries to put the shifter in
place it won't move, so he jumps out."
According to Christensen,
"In most cases involving stolen police cars, the keys
were left in the ignition with the doors unlocked while
the officers were performing their duties. Our system
takes only one second to activate and it prevents anyone
from stealing the car. Plus, you won't lock yourself out
of your vehicle and no duplicate keys are necessary."
It Can Happen Anywhere
Paradise Valley,
AZ, Police Sergeant Bruce Barrows was directing traffic
around an accident he encountered one morning to the
west of Phoenix. He was shocked when he looked back
toward his own car and saw it being stolen by one of the
drivers involved in the accident.
The incident
began when Barrows was in route to a meeting. On the
way, he saw the crash, blocked the lane with his
semi-marked police car and turned on the red and blue
lights mounted in his rear window. While waiting for
Arizona Department of Public Safety officers to
arrive, Barrows began directing traffic around the crash
scene.
Not long after,
he realized his car was being stolen. Within
minutes, another crash was reported not far down the
freeway. Sure enough, it was the suspect in the Paradise
Valley Police car.
The suspect
slammed into another car, rolled it over and forced it
onto the shoulder of the road. The police car sustained
extensive front-end damage. The driver of the other car
suffered serious, but not life-threatening, injuries.
The suspect wormed out of the stolen vehicle and began
running through a nearby field, where he was soon
apprehended.
Another incident
occurred in the rural Northwest. "Our cars are always
left running and unlocked and we drive single-person
cars so we don't have anyone standing by in the
vehicle," says Trooper Don W. Ginter, Senior Driving
Instructor, for the Washington State Patrol Academy.
"When you lose a $35,000 car and all the equipment it
contains, you have to take a critical look at the
situation."
Ginter's
department recently had a patrol car stolen in wide-open
territory, away from all populated areas. "The incident
happened 30 miles west of Spokane," he recalls.
"We made an arrest and were lucky this time. There was
no significant damage to the patrol car, no accidents
and no injuries."
Stolen police cars are not a problem isolated to
high-density, inner-city areas. In some ways, it can be
more dangerous to have a patrol car stolen in a less
populated region than an urban area. The officer is left
stranded miles away from anything without a vehicle,
radio or backup. He may even be injured and in need of
emergency medical care.
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