Attorney Don Smolen explains why most hot pursuits should never happen.
Police chases are one of the most dangerous things law enforcement can do. At high speeds, a police car isn’t just a vehicle—it becomes a weapon. Attorney Don Smolen says too many pursuits start over minor crimes and end with unnecessary deaths.
“The amount of force used by the law enforcement officer and vehicle is a weapon so to speak,” says Smolen. “If law enforcement accidentally hits someone, it happens and it’s against the law. They can only come after you with the same amount of force you’re using with them. The pursuit is never justified in my mind.”
Many police pursuits begin with misdemeanors or petty crimes—like trespassing, shoplifting, or traffic violations. Yet the chase often puts innocent people at risk, including pedestrians, passengers, and bystanders who have nothing to do with the crime.
Data from the U.S. Department of Justice shows:
Smolen says the key question is whether the pursuit was reasonable. If an officer is chasing someone for a minor offense, and that pursuit leads to injury or death, the force used is often considered excessive under the law.
Under the Constitution, police can only use reasonable force based on the threat at hand. When a car chase ends in a crash or death, courts look at:
• What crime was committed — was it violent or minor?
• Was the suspect actually dangerous?
• Did the officer follow pursuit policy?
• Could the arrest have been made another way?
If the answer shows that officers escalated the situation beyond what was necessary, it could be a violation of civil rights. Smolen explains that even though some pursuits are called “accidents,” the use of a vehicle as force is never truly accidental when officers make the decision to chase.
“The public often thinks of police chases as entertainment on TV,” Smolen adds, “but in real life, these are tragedies. Innocent lives are lost, families are shattered, and many times, it’s over something as small as a traffic stop.”
Smolen and his team at Smolen Law have represented families in pursuit and excessive-force cases where victims were killed or seriously injured by officers who ignored policy or used unreasonable force.
Smolen believes that pursuits should be limited to cases involving serious or violent crimes only. He’s calling for stronger state and national standards to reduce unnecessary chases and hold agencies accountable.
“If someone steals ten dollars or runs a stop sign, no one should die because of that,” he says. “We can’t treat every suspect like a deadly threat.”
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 of excessive force, wrongful death, and government misconduct. The team is committed to holding institutions accountable and fighting for justice when lives are lost due to reckless or unlawful actions.
Smolen Law's mission is to provide exceptional legal services with integrity, professionalism, and respect.
Choose the Oklahoma law firm that gets results: Smolen Law.
