Can police shoot the tires of a fleeing vehicle in New Jersey?
🚨 Car theft remains a serious problem in New Jersey
🚨 Some have suggested police shoot the tires or ram a stolen vehicle
🚨 New Jersey has very strict guidelines
Car thefts remain a serious threat in New Jersey. The number of thefts and sophistication of the criminal enterprises behind these crimes continues to frustrate police.
During the pandemic, there began a serious rise in the number of vehicles stolen in New Jersey. While the New Jersey Attorney General's office reports a decline from the highs of the pandemic, well organized criminal enterprises are continuing to target vehicles at an alarming rate.
The thieves are often juveniles, employed because the criminal bosses know they face few consequences should they be apprehended.
According to the FBI, car thieves are paid up to $3,000 per stolen vehicle.
The FBI says much of the proceeds gained through stolen vehicles are funding overseas terrorism.
READ MORE: The shocking reason behind the rise in car theft
Many local mayors and police chiefs have called on the state to enact tougher laws to deal with juvenile car thieves and repeat offenders.
Marlboro Mayor Jonathan Hornik praised his police officers for thwarting two recent car thefts, and again asked the state to do something.
READ MORE: NJ mayors take action against car theft
"More must be done at the State level to impose real consequences on bad actors, whether young or old," Hornik said in a statement, "Giving anyone a free pass on committing a crime is bad policy, setting a terrible example for society at large, at great expense to the health, safety and well-being of law-abiding citizens in our communities."
Car theft countermeasures
Like many towns, Marlboro has launched multiple initiatives aimed at cutting the number of car thefts. Hornik boasts of an 80% reduction in property crimes overall.
He was among the New Jersey mayors to lobby Gov. Phil Murphy to and his attorney general to allow police to pursue suspected car thieves.
A recent police pursuit by Marlboro police involved a high-speed police chase that reached speeds of over 100 mph before being called off.
Both on social media and with callers to New Jersey 101.5, we have also heard suggestions that police "shoot out" the tires of a stolen vehicle as it flees the scene or that police ram the vehicle to stop it and make an arrest.
READ MORE: This is how much kids are paid to steal cars in NJ
When can police pursue a vehicle?
Under the New Jersey Attorney General Guidelines on Use of Force, there is an entire section of police pursuits and what police can and cannot do when chasing a suspect in a moving vehicle.
The AG's office says more than 10% of all "vehicular pursuits end up in accidents resulting in injuries or fatalities, including to officers, innocent third parties in vehicles unrelated to the pursuit, and pedestrians."
The policy states:
Deciding whether to pursue a motor vehicle is among the most critical decisions made by law enforcement officers. It is a decision which must be made quickly and under difficult, often unpredictable circumstances.
While the policy says a decision to pursue should be carefully weighed against the potential risks, it does clearly state:
A law enforcement officer has the authority, at all times, to attempt the stop of any person suspected of having committed any criminal offense or traffic violation. When the violator does not submit to the officer’s lawful authority and bring the vehicle to a stop, the officer must determine whether to pursue that violator by continuing to attempt to stop the violator utilizing pursuit driving as defined herein.
During a pursuit, can police "shoot out" the tires?
In short, no. Absolutely not.
Firing out of or at a moving vehicle is expressly forbidden unless in the most extreme cases.
Per the New Jersey Attorney General Guidelines on Use of Force:
An officer shall not fire from a moving vehicle or at the driver or occupant of a moving vehicle unless the officer reasonably believes there exists an imminent danger of death or serious bodily harm to the officer or another person AND no other means at that time are available to avert or eliminate that danger. A law enforcement officer shall not fire a weapon solely to disable moving vehicles.
Can police ram a fleeing vehicle?
Again, absolutely not.
Per the New Jersey Attorney General Guidelines on Use of Force:
Officers involved in a pursuit shall not engage in any vehicle contact action except as a last resort to prevent imminent death or serious injury to the officer or another person where deadly force would otherwise be justified.
What CAN police do to end a pursuit?
The New Jersey Attorney General Guidelines on Use of Force do allow some extraordinary measures to end a pursuit, although the policy does note "these tactics substantially increase the risk inherent in the pursuit."
Box-in a fleeing vehicle:
✔ At low speeds
✔ With the approval of a supervisor
✔ In response to an imminent threat to the safety of the public or a police officer
Roadblocks
✔ Roadblocks must only be employed as a last resort in circumstances where deadly force would otherwise be justified
✔ The use of a roadblock must be authorized by a supervisor
✔ At no time will a roadblock be established until all pursuing police vehicles are made aware of the roadblock and its location and have acknowledged this awareness
Once a roadblock has been established and a vehicle or barricade has been positioned in the roadway, there shall be:
✔ Adequate distance to see the roadblock
✔ An avenue of escape; and
✔ No one in the blocking vehicle(s)
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