How We Prove Excessive Force in Hot Pursuit Cases

Police chases can start in seconds and end in tragedy. Across the country, innocent people are killed or seriously injured every year during high-speed pursuits that begin over minor crimes. These incidents raise serious legal questions about when a pursuit is justified and when it becomes excessive force.

Attorney Donald E. Smolen II of Smolen Law explains that when a police officer uses a vehicle in a pursuit, it becomes a form of force. That force must be reasonable and proportional to the threat. If it’s not, the chase may be unlawful.

1. What Was the Crime?

The first question in every pursuit case is why the chase began.

• Was it a violent felony like armed robbery or assault?
• Or was it a minor offense, such as trespassing, shoplifting, or a traffic violation?

When a chase begins over a misdemeanor or petty crime, the risk of a high-speed pursuit almost always outweighs the reason for it.

“No one should lose their life over a minor offense,” says Smolen.

2. Was the Pursuit Reasonable?

We look closely at the officer’s decision-making during the chase.

• How fast were they going and what were the road conditions?
• Did the pursuit go through crowded or residential areas?
• Did the officer follow department policy?
• Could the suspect have been identified and arrested later without danger to others?

If the officer ignored pursuit policy or put the public at unnecessary risk, that’s evidence of reckless conduct or negligence.

3. Was Deadly Force Used?

When an officer uses a police car to strike, block, or ram a suspect’s vehicle, that is considered deadly force under the law.
We investigate:

• Whether the officer’s use of the vehicle was necessary.
• If less dangerous options were available.
• Whether the suspect actually posed a threat to others.

If deadly force was used in response to a minor or nonviolent crime, it may qualify as excessive force.

4. What Does the Evidence Show?

The truth often comes out in the details. We collect and review:

• Body camera and dashcam footage
• 911 and dispatch recordings
• Witness statements
• Accident reconstruction reports
• Department pursuit policies

Comparing these pieces of evidence helps reveal whether the pursuit was justified or whether it violated the law.

5. Who Was Harmed and How?

We document every impact of the pursuit:

• Physical injuries or death
• Emotional trauma
• Financial loss and property damage
• The long-term effects on families and communities

Understanding the harm helps establish damages in civil rights or wrongful death claims.

6. Expert Analysis

Smolen Law works with experienced professionals to build each case.

• Former law enforcement trainers explain where officers violated pursuit procedures.
• Accident reconstruction experts show exactly how the crash occurred.
• Medical experts connect the injuries to the officer’s actions.

Together, their testimony paints a full picture of how the pursuit went wrong.

7. How the Law Applies

Under the Fourth Amendment, an officer’s actions must be objectively reasonable. That means another trained officer in the same situation would likely have made the same decision.

To prove a case, we show that:

• The pursuit created more danger than the original crime.
• The suspect wasn’t an immediate threat to anyone.
• Safer options were ignored.
• The officer or department violated their own policy.

When these facts line up, the pursuit likely crossed the line into excessive force.

8. Accountability and Change

At Smolen Law, these cases are about justice and prevention. Every reckless pursuit that goes unchallenged puts more lives at risk. Holding agencies accountable encourages better policies and safer decisions.

“Every pursuit should be evaluated by one simple question,” says Smolen. “Was this worth someone’s life? If the answer is no, it should never have happened.”

Smolen Law | The Alpha Firm

Smolen Law is a national catastrophic tort and civil rights firm based in Tulsa, Oklahoma. Led by Donald E. Smolen II, the firm represents victims and families affected by excessive force, wrongful death, and police misconduct.