Shoplifting: Misdemeanor Crime

City of Rochester, New York police officers received a report that a man entered a convenience store and attempted to steal beer. Later the man was identified as John Tipsy and was said to be intoxicated. In New York theft by shoplifting is a misdemeanor crime. The responding officer went to the store and viewed video surveillance footage of the suspect’s truck. After a short period of time the officer saw a truck matching the description of the suspects. The truck appeared to have one passenger, the officer watched as the truck pulled out of a gas station and on to a busy four-lane road, failing to stop at a stop sign. At this point the officer activated his blue lights initiating a traffic stop. Mr. Tipsy continued to drive. The officer activated …show more content…
At this point in the pursuit two other officers’ locations were being approached. One officer was ordered to attempt to block the suspect by driving into his path. This officer did as ordered, but rather then stopping, Mr. Tipsy crossed the center lane and drove toward on coming traffic to get around the officer. Tipsy then collided with a red Oldsmobile, resulting in a major crash. Two occupants in the Oldsmobile, and both Tipsy and his passenger were killed. A lawsuit was initiated against the officers involved and their police department, including the chief of police. The plaintiffs argued that the City of Rochester and the police chief violated Section 1983 and the Fourteenth Amendment by following a policy of not properly training and supervising police officers in conduct of high speed …show more content…
The responding officer already knew Mr. Tipsy was under the influence of alcohol prior to the traffic stop. This should have been an indicator that Mr. Tipsy was not in a reasonable or right state of mind. If the officer were to continue the pursuit there was a foreseeability of injury to Mr. Tipsy, the officer, or a third party. By continuing the pursuit far after it became dangerous the officer violated the fourteenth amendments of the other drivers who no longer have an equal protection of the rights. The court will also have to take into account if by stopping the pursuit Mr. Tipsy could still cause damage or a dangerous situation since he is intoxicated and behind the wheel. Mr. Tipsy obviously did not care about the officer why would he care about the other drivers on the road. The officer had the choice to make and decide what scenario would cause less damage and make them not liable for the actions of Mr.