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by Peter Moskos

August 10, 2016

Shooting at a moving vehicle

Great (and thus rare) legal discussion by Whet Moser in Chicago Magazine: "Why It’s Legal for Police to Shoot at Someone During a Car Chase: CPD officers who shot at Paul O’Neal may have violated procedure, but Supreme Court decisions set a high barrier for legal liability":
Perhaps the law could evolve. Police departments are trying to limit high-speed chases, but right now the Supreme Court precedent is pretty clear. That alone doesn’t eliminate the possibility that, as Moskos suggests, that criminal charges could be filed. But as Steve Bogira pointed out after another shooting—in which an officer shot 16 times into the wrong car, nearly killing one of its occupants, leading to IPRA’s first recommendation that an officer be fired—criminal charges are incredibly rare. The case law surrounding deadly force and car chases would seem to make the possibility in this case rarer still.

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