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SVTPerformance's Chain of Restaurants
Road Side Pub
It’s my money and I want it now!
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<blockquote data-quote="9397SVTs" data-source="post: 16849209" data-attributes="member: 143297"><p>The opinions on this are interesting and very one-sided.</p><p></p><p>*Devils Advocate*</p><p></p><p>Harping on the "victim" being a pregnant female and suggesting the intentional "flipping" of the car is ignoring and detracting from the facts at hand. </p><p></p><p>I doubt that he knew who, what, or how many people were in the vehicle as it passed him at night. I also doubt that he intended or hoped to roll the vehicle over.</p><p></p><p>The PIT maneuver was performed due to the vehicle failing to yield to emergency lights. The "victim" admitted to failing to stop because she thought it was unsafe to do so. </p><p></p><p>The officer, who knows or should know his AOR, was comfortable enough to initiate a vehicle stop where he was. The shoulder appears wide enough for the vehicles, traffic seemed to be very light, and Arkansas has a "Move-Over" law.</p><p></p><p>How many FTY/vehicle chases have we all seen where the vehicle is driving with its flashers on and traveling at a reduced speed? Many.</p><p></p><p>Was the PIT performed hastily? I think so. </p><p></p><p>Was the "victim" failing to yield? Yes.</p><p></p><p>Did the "victim" contribute to the series of events by choosing to stop when she wanted to as opposed to when she was directed? I think so.</p><p></p><p>If the officer was within policy at the time of the PIT maneuver, Qualified Immunity will likely stand. A judge will review all submitted facts and make a determination.</p><p></p><p>Qualified Immunity is not a given. It is always reviewed and ruled upon.</p><p></p><p>Personally, I would have allowed more time for things to develop. Call me lazy, but I'm never in a hurry to create situations that cause me to do more paperwork. I also serve myself by thinking, is what I am doing/about to do lawful and justifiable?</p><p></p><p></p><p></p><p>Side note:</p><p></p><p>Several years ago, I was driving through the DFW area on the I-30 during lunch rush hour. A DPS officer initiated a stop on me in the #2 lane and directed me to stop on the left shoulder. I was surprised, as I've never had this done before. Typically, you yield to the right shoulder.</p><p></p><p>Since the left shoulder is what he wanted, that's what he got. Did I like it? No. Why would I ignore his order and do what I want to do? Why would I choose to risk escalating the situation?</p></blockquote><p></p>
[QUOTE="9397SVTs, post: 16849209, member: 143297"] The opinions on this are interesting and very one-sided. *Devils Advocate* Harping on the "victim" being a pregnant female and suggesting the intentional "flipping" of the car is ignoring and detracting from the facts at hand. I doubt that he knew who, what, or how many people were in the vehicle as it passed him at night. I also doubt that he intended or hoped to roll the vehicle over. The PIT maneuver was performed due to the vehicle failing to yield to emergency lights. The "victim" admitted to failing to stop because she thought it was unsafe to do so. The officer, who knows or should know his AOR, was comfortable enough to initiate a vehicle stop where he was. The shoulder appears wide enough for the vehicles, traffic seemed to be very light, and Arkansas has a "Move-Over" law. How many FTY/vehicle chases have we all seen where the vehicle is driving with its flashers on and traveling at a reduced speed? Many. Was the PIT performed hastily? I think so. Was the "victim" failing to yield? Yes. Did the "victim" contribute to the series of events by choosing to stop when she wanted to as opposed to when she was directed? I think so. If the officer was within policy at the time of the PIT maneuver, Qualified Immunity will likely stand. A judge will review all submitted facts and make a determination. Qualified Immunity is not a given. It is always reviewed and ruled upon. Personally, I would have allowed more time for things to develop. Call me lazy, but I'm never in a hurry to create situations that cause me to do more paperwork. I also serve myself by thinking, is what I am doing/about to do lawful and justifiable? Side note: Several years ago, I was driving through the DFW area on the I-30 during lunch rush hour. A DPS officer initiated a stop on me in the #2 lane and directed me to stop on the left shoulder. I was surprised, as I've never had this done before. Typically, you yield to the right shoulder. Since the left shoulder is what he wanted, that's what he got. Did I like it? No. Why would I ignore his order and do what I want to do? Why would I choose to risk escalating the situation? [/QUOTE]
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SVTPerformance's Chain of Restaurants
Road Side Pub
It’s my money and I want it now!
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