del Carmen & Walker: Briefs of Leading Cases in Law Enforcement, 8th Edition

Apply the Case Law

5. Shots Fired at a School

Officers responded to a “shots fired” call at a school. When the officers arrived, they observed a person (Dillon) fleeing the school grounds. One officer (Butch) pursued the person while the other officer (Cassidy) went inside the school. School officials told Cassidy that Dillon had planted a bomb in the school. When Dillon did not stop, Butch fired his pistol, striking Dillon in the leg. When Butch approached, Dillon immediately asked for a lawyer. Butch placed Dillon in handcuffs and searched him, finding no weapon. Based on a radio call from Cassidy at the school, Butch then asked Dillon where the bomb was located. After repeating himself three times, Dillon told Butch where the bomb was located. Officers found and defused the bomb.

Questions

  1. Which cases are most applicable to these facts?

    Correct Answer

    • Illinois v. Wardlow (Chapter 3) to address fleeing in the presence of an officer.
    • Tennessee v. Garner (Chapter 15) to address deadly force by the officer.
    • U.S. v. Robinson (Chapter 7) to address the officer searching Dillon after the arrest.
    • New York v. Quarles (Chapter 17) to address the officer questioning Dillon after he had requested an attorney.

  2. Was Butch justified in pursuing Dillon?

    Correct Answer

    Yes, he was fleeing from the scene of a potential crime.

  3. Was Butch’s use of deadly force justified?

    Correct Answer

    Probably. There can be the assumption that Dillon was sill armed; therefore, the officer could use deadly force (see also Ryder v. City of Topeka 814 F. 2d 1412 910th Cir. 1987). There is some question about Dillon being shot in the leg. The officer could not intentionally do that, but if he shot to stop him, and just happened to hit Dillon in the leg, that is probably justified.

  4. Did Butch violate Dillon’s Fifth or Sixth Amendment rights by questioning him after he had asked for a lawyer?

    Correct Answer

    No, there was an immediate public safety issue.

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