Among the images burned into my mind are those of innocent persons who have been killed or maimed, and the multiple families which have been destroyed as the result of vehicles being pursued by law enforcement. In my service with multiply agencies, I have far too much experience with these types of tragedies.
Like just about every person who is reading this article, I have often been deeply frustrated at the inability to more promptly bring vehicle pursuits to an end. The purpose of this article is to explore another potential option for addressing this serious problem, by disabling a vehicle with a projectile into the radiator of the vehicle being pursued. This article proposes the creation of a model policy applicable to law enforcement agencies.
Is a Projectile into a Radiator Always a Viable Option?
Just as with pit maneuvers, ramming, net captures and other techniques, any utilization of a radiator disabling maneuver is a reasonable possibility only in limited tactical situations. Generally, disabling a radiator will rapidly result in an overheated and disabled engine.
Can it Being Employed by any Peace Officer?
A radiator disabling technique involving a projectile would necessarily be performed by an officer with a high level of marksmanship skills, which are current and routinely evaluated (and documented) to ensure continued proficiency. Conventional marksmanship skills alone are not adequate, because of the need for the officer to be expert in targeting a moving vehicle. This also includes tracking vehicle the vehicle trajectory, vehicle speed and lead-time considerations. As there are a variety of vehicles with radiators, a reasonable level of automotive understanding is helpful as well.
Minimizing Liability
Litigation is not only a possibility, but more likely a certainty. Without deep discussions, careful personnel selections, solid criteria, quality documentation and specific training, the mere discussion of this topic is enough to make municipal attorneys’ recoil in horror and defense attorneys salivate with delight! Hopefully, this article will provide information which, if applied, will cause the radiator disablement technique to be seen as a viable option.
Likely Favorable Circumstances for Radiator Disablement
Ideal circumstances would include a reasonably long and straight stretch of roadway, empty other nearby vehicles, where the designated marksman could be positioned in a location with an unobstructed view of the radiator of the vehicle being pursued. Such locations might be found alongside a pillar prone on the floor of a special-purpose vehicle which has been maneuvered to a position ahead of the vehicle being pursued. Other locations and situations can also be suitable, depending on a variety of factors, including nearby vehicles, pedestrians and dwellings.
This technique would be most applicable in long drawn-out pursuits, where there is a reasonable ability to deploy a certified officer to the route in time to be effective, much like the spike strip deployments along a perceived route of travel.
Special Training Considerations
Realistic and specific documented training would necessarily involve the actual firing of munitions into radiator locations of fast-moving vehicles. As an example, initial qualification and periodic re-certifications might feature targeting a “pursued” vehicle with a steel protective front shield and a facsimile radiator location for marksmanship practice and proficiency.
Preferred Munitions
I believe that employees trained and certified (agency certification) in radiator disablement should have in their possession several weapons and various types of munitions, to be employed based on the tactical situation. As examples, slugs fired from a long-barreled shotgun — which have a big impact but minimal penetration — must be fired at a relatively close distance to the target vehicle. Conversely, a bullet fired from a military-grade rifle can be fired with greater accuracy from a greater distance, but it adds the potential for penetration beyond the radiator. Each has its advantages and drawbacks, which are best considered by the shooter based on the tactical situation.
Designated officers would not be assigned primarily to pursuit responsibilities, but would work their regular assignments and locations, and be available for immediate deployment in the event of pursuits. These officers would require a container of the necessary weapons, munitions and related items in their possession when on-duty or on call.
Supervisory Involvement
Supervisory involvement is essential at each stage of training and deployment, as reasonable. While efforts will be taken to minimize death and injury of the driver and any passenger(s), the reality is that any degree of a radiator disablement application should be considered as the use of deadly force.
Realistically, the fast-moving scenario of pursuits and the distances that are often involved will likely preclude the physical presence of a supervisor at the time the radiator disablement technique is employed. Accordingly, the supervisor and shooter should remain in contact via radio as reasonable to ensure that the criteria for use of the radiator disablement technique are satisified. As to formal last-minute approval to shoot, the fast-paced movement of pursuits is such that only the designated shooter can make that call, based on agency criteria.
To the degrees reasonable, it is also advisable to discuss utilization, decision-making process and threat to others over the agency radio, as those transmissions will be demanded in discovery processes, and the good intentions and professionalism of those involved can weigh favorably towards the agency and officers in litigation.
Logistic Feasibility?
My experiences have been both in large agencies (where such a program could have been incorporated without many difficulties), to smaller agencies where it would have been nearly impossible because of limited personnel and resources. I do not believe that the necessary training would involve a massive program, but rather an expansion of existing training, especially among personnel who are already involved in specialized training. For smaller agencies, a regional approach may be a workable option.
Deployment of Certified Personnel
Just as in many other specialized resources (K-9, EOD, translators, etc.), it is not likely that an officer certified in Radiator Disablement would always be available, or able to respond in a timely manner. That said, pursuits brought to a near-immediate end as the result of a round in a radiator are likely to involve positive notoriety in discouraging pursuits.
Essential Documentation
There will be lawsuits and litigation. However, knowing the concerns that are likely to be raised by plaintiff’s attorneys and addressing those concerns at every phase of training and deployment, the likelihood of successful litigation is significantly lessened. As examples, the documentation and criteria will address the necessity of utilization necessary to save lives and prevent injuries; the selection of personnel and scope of training will demonstrate the professional nature of the program, and finally the documentation will contain a great deal of verbiage to make clear every reasonable effort to minimize injury to suspects and uninvolved civilian personnel. Everything written should be done with eventual discovery in mind. A goal is to make plaintiff’s attorneys sorry they asked!
A Predictable Leadership Challenge
The nature of their professions is such that most cops and all military infantry personnel believe themselves to be accomplished marksmen, which is largely accurate. However, for an application such as the Radiator Disablement Technique, far more critical skills beyond just being a good shot are essential. For the purposes of the Model Radiator Disablement Program envisioned in this article, I believe it likely that a strongly worded administrative document is advisable to dissuade non-certified personnel from employing a radiator disablement strategy.
Disclaimer for Use Outside the Boundaries of the Criteria in this Article.
This article is not intended to create a restriction or legal liability for the application of some type of radiator disablement by an officer of an agency that does not have the type of documented program envisioned in this article. An officer with a rifle in an isolated area and confronted with a dangerous situation may, as part of the latitude of that agency and consistent with personal skills and abilities, attempt such vehicle disablement. These types of out-of-control vehicular situations typically come about without warning and are very fast-paced, seldom allowing for the benefit of extensive discussion and tactical planning. Not all situations lend themselves to on-site supervision and guidance.
Summary
I hope that I have made my case, and that some of my colleagues will come to my point of view with respect for the need for additional techniques to successfully end vehicular pursuits. Just think that the next innocent person who dies on your watch is loved just as much as you care for your family. This reality remains a foremost consideration for my passion on this topic.
Keith Bushey retired from the Los Angeles Police Department as a commander, from the San Bernardino County Sheriff’s Department as a deputy chief, and from the United States Marine Corps Reserve as a colonel. Other law enforcement experience includes having served as a Los Angeles County deputy sheriff, a State of California deputy game warden, and as the Marshal of San Bernardino County. He is an instructor emeritus for the FBI Law Enforcement Executive Development Association and has lectured and written extensively in the areas of leadership, management and ethics. His entire eight booklet Leadership Series is in the public domain and may be downloaded without cost from KeithBushey.com.