Recomendación: Prohibir que la policía le dispare a vehículos que están en movimiento

Restrict Shooting at Moving Vehicles
Introduction
Campaign Zero's 8 Can't Wait initiative recommends that police departments restrict the
circumstances under which officers may shoot at moving vehicles. 29 Shooting at a moving vehicle
is regarded as a particularly dangerous and ineffective tactic, with a high risk of injuring
bystanders. 30 Increasing restrictions on shooting at moving vehicles has been shown to contribute
to a reduction in officer-involved shootings.
Policy review findings
Shooting at moving vehicles is not sufficiently restricted
Current policy permits shooting at a vehicle when the vehicle is being used as a weapon against
officers or others. 32 Shooting at a moving vehicle is difficult and can lead to innocent or
uninvolved third parties being harmed. In addition, when shooting at a vehicle results in the
driver being wounded or killed, the threat presented by the vehicle is not necessarily eliminated. 34
APD's current policy fails to sufficiently restrict this practice in a way that effectively safeguards
both officers and the public against its inherent risks.
Restrict Shooting at Moving Vehicles
Furthermore, current policy creates a significant loophole by permitting shooting at moving
vehicles in "extraordinary circumstances," while failing to define that term. 36 Effective policies
require defined parameters in order to be enforced.
37
APD policy should generally prohibit shooting except as a last resort in circumstances when a
vehicle occupant is using deadly force other than the vehicle itself. The only other condition
under which shooting may be appropriate is when the vehicle itself is being used as a weapon
likely to cause a mass casualty incident.
APD policy is silent on the issue of shooting from a moving vehicle
Shooting from a moving vehicle presents some of the same risks (e.g. potential harm to innocent
bystanders) and difficulties (e.g. reduction in accuracy) as shooting at a moving vehicle. 38 APD
policy should explicitly prohibit this practice due to the inherent risks to officers, involved
individuals, and uninvolved bystanders.
Current APD policies related to
restricting shooting at moving
vehicles
L
The following APD General Orders chapters are relevant to the
restricting of shooting at moving vehicles:
202.1.1 Policy - Firearm Discharge Situations; and
202.1.3 Moving Vehicles. 39
To view the full excerpts of these chapters, please turn to
Appendix A.
Restrict Shooting at Moving Vehicles
Recommended policy changes
Add the following definition to General Order 200.1.2 Definitions:
Mass Casualty Incident - An incident in which the number of casualties exceeds the normally
available local resources.
Change APD General Order 202.1.3 Moving Vehicles to the following:
202.1.3 MOVING VEHICLES
(a) Officers shall only discharge their firearms at a moving vehicle if, based on the totality of
the circumstances, they have exhausted all possible alternatives and:
1. an occupant of the vehicle is using deadly force by means other than the vehicle
itself; or
2. if the vehicle itself is being used as a weapon that will more likely than not cause a
Mass Casualty Incident. An example of a situation that would constitute a Mass
Casualty Incident would be a vehicle being driven into a crowd of people.
(b) Except as provided in subsection (a)(2) above, officers shall not discharge a firearm at a
moving vehicle in any situation when the totality of the circumstances indicates that it is
more likely than not that an innocent passenger or bystander could be injured.
(c) Officers shall exercise good judgment and shall not place themselves in the path of a
moving vehicle.
(d) Officers shall move out of the path of any approaching vehicle unless it is impossible to
do so.
(e) In situations when this policy applies, officers may leave a position of cover only:
1. to utilize an avenue of escape;
2. to move to a position of better cover; or
3. if the risk associated with not apprehending the suspect or stopping the threat
outweighs the danger posed to the officer or any other person by leaving a position
of cover.
(f) Officers shall not discharge their firearms from a moving vehicle.
Office of Police Oversight