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 POLICE LIABILITY BEAT 
 
Volume 15, No. 1 January 2007 John Makholm, Esquire
The Makholm Law Group
Reaching Into Cars:
Should we?
The Problem
Reaching into cars? What the heck does that mean? I know, at first blush this seems like apeculiar topic for the
Police Liability Beat 
, but bear with me and I think this will be a thoughtprovoking experience for both Law Enforcement professionals and Risk Managers. While thiscolumn will be a departure from the usual discussion of legal theories and recent case law, it is atopic that is
immediate
and worthy of discussion.Imagine that you are an Officer who has a car stopped for suspected Driving While Under theInfluence (DUI) or some other potentially incapacitating circumstance such as illness and itsuddenly occurs to you that you better insure that this suspect does not decide to drive off duringthe stop, so you reach into the suspect’s car and grab the keys out of the ignition. No big deal, ithappens with such frequency that Officers and their trainers/administrators rarely give it anythought. I know this because I taught Defensive Tactics and Emergency Response/PursuitDriving for many years and really did not think about this type of scenario, and do not recall anyof my fellow instructors discussing this topic. Nevertheless,
reaching into cars
is a problem.Why?
You are in
 their
vehicle!
When you reach into the vehicle to remove the keys the suspect has
 you
the Officer partiallyinside
their 
vehicle. It is likely that the motor is running, which is one of the reasons you arereaching into the car in the first place. Since the motor is running (or quickly could be) thesuspect/driver is a quick gear change away from quickly changing this static scenario into a fluidone. The driver can quickly put the car in Drive and you can find yourself holding onto the side
 
of a vehicle that is careening down the highway at high rates of speed. This scenario isgraphically portrayed in the old 1972 Joseph Wambaugh based movie
The New Centurions.
Inthat movie, Stacey Keach’s character/Officer attempts to take the keys out of the ignition of asuspect’s car, whereupon the female suspect throws the car into Drive and Ofc. Keach findshimself hanging on for dear life while the suspect drives through busy Los Angeles traffic.During this sojourn, she attempts to scrape the Officer off the car by sideswiping vehicles,buildings, and finally a white picket fence. As an extra added attraction, after Keach falls fromthe side of the car, the female suspect attempts to run him over with the car. This is not good. Ishow this movie clip at many of the seminars that I teach at as a good opening point from whichto discuss
 Reaching Into Cars
. It always evokes stimulating conversation.The problem is that this does not only happen in the movies. Recently, I did a presentation aspart of a civil liability seminar in southwest Florida. During that presentation, I showed
The
 
 NewCenturions’
film clip and then I got into a discussion about
 Reaching into Cars
and discussedthis very problem. Ironically,
within one week
, approximately 25 miles south of where theseminar was held, in Ft. Myers, Florida an off-duty Sheriff’s Deputy walked up to a driver whowas slumped over the steering wheel of a pick-up truck, smelled alcohol, and reached into thesuspect’s truck to take the keys, and as he did the suspected DUI driver drove off with theDeputy hanging onto the side of the suspect’s vehicle. This event ended with the Deputy pullingout his firearm and shooting the suspect driver in the head and killing him! Fortunately thisDeputy Sheriff did not panic, and instead acted quickly and decisively and survived relativelyunscathed, physically, but the incident graphically underlines both the immediacy and theseriousness of this tactic. Unfortunately, many Officers are not as lucky, intuitive, or responsive.In an incident in Austin, Texas in 2006, a female Officer was dragged by the suspect vehiclewith her arm caught in the driver’s window of the suspect vehicle, but was not as lucky as StacyKeach’s character in
The NewCenturions
, when the suspect vehicle did run over her after shebroke loose from the vehicle.
1
In the KXAN TV story, reportedly Mike Sheffield of the AustinPolice Association sums up the problem
“you’re leaning into a car, getting a driver’s license,and then, all of a sudden, the driver starts to move. You don’t think about it. You grab on….”
 That is exactly the problem; we do these kinds of things without thinking about it!Ft. Myers, Florida, was by no means an isolated incident. In Covington, LA in 2004 following atraffic stop, and subsequent search for drugs, one state trooper was thrown from the side of thesuspect’s vehicle as the suspect attempted to flee the scene and he was eventually shot in thehead byanother state trooper who was trapped in the suspect’s vehicle during his attempts toescape.
2
Once again, the Officer who fell from the vehicle was not seriously injured and hispartner acted quickly and ended a potentially deadly situation. This is just another case of dealing with the unexpected response of a suspect.These
 Reaching Into Cars
incidents can create fatal consequences for Officers. In Tampa,Florida a reserved Deputy / security guard was killedwhen the suspect vehicle that he washanging onto flung him into a tree at a high speed.
3
This tragedy started with a
simple
 shoplifting at a department store in Tampa at 5:30 PM, where a reserve Deputy John Tauer (aformer Palm Beach County Sheriff’s Deputy) / security guard chased a suspect on foot out thefront door to a waiting escape vehicle. Somehow, Deputy Tauer ended up hanging onto the door
1
See
Police Officer Dragged by Stolen Car 
, KXAN.com, March 7, 2006.
2
See Associated Press article:
 Deputy Dragged by Pickup Kills Driver 
, November 21, 2006.
3
See
 Deputy killed pursuing suspects
,
The St. Petersburg Times,
by Tamara Lush, September 19, 2003.2
 
of the car and was reportedly thrown into a tree at 65 mph! A construction worker/witnesschased down the suspect and took him into custody. The suspect, 20 year old Jontue Davis waslater convicted of 1
st
Degree Murder and was given a Life sentence.
Not always grabbing for the keys!
Obtaining the driver’s license and other documents is a
routine
part of traffic stops, so it is not sohard to understand how Officers find themselves
reaching into cars
to obtain these documents asa
routine
matter. This is especially true if they have not received any type of specific trainingvis-à-vis
reaching into cars
and the inherent dangers associated with this
routine
matter.Emphasis is placed on the word
routine
because it is these
routine
incidents that so often proveto be dangerous. In New York City
4
, 21 year-old Officer Ronald Griffin was on foot patrol withanother Officer when he approached the suspect vehicle and
reached 
for the driver’s license.The Officer’s arm was
“somehow caught in the window and the car sped off….”
Officer Griffinwas dragged 500 feet before becoming free from the car. Ofc. Griffin received a fractured skullas a result of this encounter.In Franklin, Virginia, Officer A.C. Fellers observed two men sitting in a vehicle at 10:30 PM.The Officer then noticed drugs in the car, and reportedly
reached into the car 
to grab the drugs,when the driver hit the gas dragging Ofc. Fellers for 90 feet! The car hit a fence and the Officerbroke free.
5
So, while many times Officers are focused on taking the keys from the ignition of the suspect’s vehicle, that is not always the case.Two City oSt. Petersburg Officers were luckier when they were dragged 100 feet and lived totell the tale.
6
The Officers responded to a
man with a gun
call at 4:30 AM, when they spotted asuspect in a vehicle. Ofc. Jason Irvin reportedly stopped the suspect’s vehicle, and ordered himout of the car and onto the ground. As the two Officers approached, the suspect got up, got back in his car an attempted to drive off as Ofc. Scott reportedly grabbed the suspect driver throughthe driver’s window and was dragged as Ofc. Irvin tried to extricate Scott from the fleeingvehicle. They both fell from the vehicle. The 19 year-old suspect was later arrested on twocounts of attempted Homicide and possession of a firearm by a convicted felon!
 Reaching IntoCars
is not as simple as it seems, and even felony car stops can go unexpectedly.In 2006, Waterbury, Connecticut, Officer Frances Brevetti received in juries to his head, back,and shoulder after being dragged 1,300 feet after a routine traffic stop.
7
Brevetti and his partnerconducted a traffic stop on 42 year-old violator at 4PM. The violator exited his vehicle and wasordered back in his vehicle by Ofc. Brevetti, whereupon the suspect punched Ofc. Brevetti and astruggled between the two ensued. The suspect then got back in his vehicle and attempted toflee, with Ofc. Brevetti’s arm
“stuck inside the driver’s side window.”
The suspect’s vehiclereportedly reached a speed of 60 mph before the Officer fell from the car. The suspect was latercaptured.
Your firearm is likely exposed!
4
See
Officer Dragged 500 feet by car, The New York Times,
October 14, 1985.
5
See
Franklin Police Officer dragged almost 90 feet by suspect fleeing by car,
MSNBC – WAVY TV, Norfolk,VA.
6
See
Fleeing car drags two officers, The St. Petersburg Times,
September 29, 2003.
7
See
Officer dragged by car of fleeing suspect 
, WCBS News Radio, September 13, 2006.3
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