SCOTUS on Indiana case: Fleeing police is a 'violent felony'

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  • Kutnupe14

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    Brings up an interesting question, especially if the law is vague. If I'm fleeing on foot from the police through a crowd, someone is getting trampled, maybe even hurt pretty bad when my 300 pounds of inertia moving at high speed slams into their little bodies. Under this vague law, does that constitute a dangerous felony?

    You find me a single instance of a 300lbs man doing anything that's considered "fleeing" vs lumbering at a labored pace, and you got me.
     

    Love the 1911

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    Yeah, I know about some of the legal machinations involved. I'm just thinking where this could go in the future (logically and philosophically - probably a mistake, I know).

    Some of the language in the article and the IC on reckless driving are pretty close.

    IC 9-21-8-52
    "(a) A person who operates a vehicle and who recklessly:
    (1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:
    (A) endanger the safety or the property of others; ... commits a Class B misdemeanor."


    So, is reckless driving also a 'violent felony'?
    Seems like it might be by SCOTUS logic.


    Seeing how reckless driving is a misdemeanor, I'm not sure it could be called a "violent felony." Maybe a "violent misdemeanor?"
     

    Love the 1911

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    Brings up an interesting question, especially if the law is vague. If I'm fleeing on foot from the police through a crowd, someone is getting trampled, maybe even hurt pretty bad when my 300 pounds of inertia moving at high speed slams into their little bodies. Under this vague law, does that constitute a dangerous felony?


    Fleeing on foot is also a misdemeanor (regardless of how big and slow you may be:D), see my above post.
     

    jsharmon7

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    Brings up an interesting question, especially if the law is vague. If I'm fleeing on foot from the police through a crowd, someone is getting trampled, maybe even hurt pretty bad when my 300 pounds of inertia moving at high speed slams into their little bodies. Under this vague law, does that constitute a dangerous felony?


    I think you'd have to gain about 3,700 more pounds and get your top speed up to around 140 mph before it would qualify.
     

    NYFelon

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    road vehicle chases by police should be outlawed. They only serve to exacerbate an already dangerous situation. Law enforforcement agencies have more resources than a crook on the run. Last I checked, very few ground vehicles can outrun a helicopter, and none can outrun a radio.
     

    jsharmon7

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    road vehicle chases by police should be outlawed. They only serve to exacerbate an already dangerous situation. Law enforforcement agencies have more resources than a crook on the run. Last I checked, very few ground vehicles can outrun a helicopter, and none can outrun a radio.

    I see you're from New York so I assume you're unfamiliar with things here; good luck finding an agency with a helicopter here in Indiana that could help with a pursuit in time to make a difference. I don't think everything is pursuit-worthy, and a lot of departments have policy to that effect. A lot of times they are a necessary evil though.
     

    UncleMike

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    I see you're from New York so I assume you're unfamiliar with things here; good luck finding an agency with a helicopter here in Indiana that could help with a pursuit in time to make a difference. I don't think everything is pursuit-worthy, and a lot of departments have policy to that effect. A lot of times they are a necessary evil though.
    Yup!
    Unfortunately as long as there are idiots who don't give a rats ass for the safety of others, and decide that they aren't going to jail, there will likely be pursuits and innocent people being injured.
    Of course if the penalty for Fleeing Law Enforcement were a lot stiffer some of the aforementioned idiots might, (I said might) think twice about fleeing.
    But.
    As long as some people consider it a harmless "Boys thing" to try and outrun the cops there will be morons who will try to become folk heroes by flooring it instead of pulling over.
    My only hope is that they don't injure anyone but themselves in the process.
    :twocents:
     

    UncleMike

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    Maybe if you guys would stop beating people up they wouldn't run from you.
    Since you profess to be intelligent I have to presume that you know that the reason most idiots run is because they don't want to go back to jail.
    Not some imaginary fear of being abused by the Officer attempting to perform the stop. :D
     

    dross

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    I don't beat people up. I offer them free hugs and they run away. What more can I do?

    You offer them a jack-booted hug?

    Since you profess to be intelligent I have to presume that you know that the reason most idiots run is because they don't want to go back to jail.
    Not some imaginary fear of being abused by the Officer attempting to perform the stop. :D

    Sir, I don't have to profess my intelligence, I'm quite sure it's apparent to all.
     

    lashicoN

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    I'd prefer Police only used high-speed car chases in rare, absolutely need to apprehend at this moment, cases. For other less immediate threats, let them run, put up some old Western wanted posters and let some Bounty Hunters track them down.

    Then hang them at the old hanging tree.

    Red Dead Redemption is fun. :):
     

    Kick

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    Sorry for that partial threadjack but, I have to respond to some of the posts about police chases.

    Most agencies in my area are going to a pursuit policy that states that the Officer or supervisor mush weigh:
    The potential danger to the general public caused by pursuing the offender

    Vs.

    The potential danger to the general public the caused by the offender if he/she is not apprehended immediately​


    and then determine if further pursuing the offender is the correct course of action. To a good deal of officers, it's automatic, if someone starts running, we chase them. That is where the supervisor usually steps in. Once they are aware of the circumstances, they will either give the order to "terminate" immediately, or simply closely monitor the pursuit for any change in conditions.


    I think that this is one of the best policies administrations have put out yet.

    If someone was speeding 45 in a 30, then you start chasing them and they accelerate to 120 and start driving into on-coming traffic, it says NO GO.

    If someone robbed a gas station, killed the clerk, fled into a nearby home, killed the family living inside, stole their car, realized it was out of gas, killed another motorist to steal their car, (all within 15 minutes) and you spot that car, it says get that murderer! He obviously is going to continue to kill to get whatever he needs and will not stop.




     
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