NCJ Number
49457
Journal
Criminal Law Bulletin Volume: 14 Issue: 4 Dated: (JULY/AUGUST 1978) Pages: 343-346
Date Published
1978
Length
4 pages
Annotation
THE STUDY THE U.S. SUPREME COURT USED TO DECIDE IN FAVOR OF POLICE AUTHORITY IN PENNSYLVANIA V. MIMMS IS CRITICIZED. OTHER STUDIES THAT SHOW RELATIVELY FEW POLICE DEATHS OCCUR DURING TRAFFIC STOPS ARE CITED.
Abstract
IN THE MIMMS CASE, THE U.S. SUPREME COURT DECIDED THAT A POLICE OFFICER HAS THE AUTHORITY TO ORDER THE DRIVER OF AN AUTOMOBILE STOPPED FOR A TRAFFIC VIOLATION TO GET OUT OF THE CAR. THE BASIS FOR THIS DECISION WAS A 1963 STUDY BY ERISTOW OF A NONRANDOM SAMPLE OF 110 SHOOTINGS OF POLICE OFFICERS. THE MAJORITY CLAIMED THAT 'APPROXIMATELY 30 PERCENT OF POLICE SHOOTINGS OCCURRED WHEN A POLICE OFFICER APPROACHED A SUSPECT SEATED IN AN AUTOMOBILE.' JUSTICE STEVENS WAS THE ONLY DISSENT. HE QUOTED FROM POLICE TEXTBOOKS TO INDICATE THERE WAS A PROFESSIONAL DIFFERENCE OF OPINION ABOUT THE DANGER OF TRAFFIC STOPS. THE METHODOLOGY OF THE 1963 STUDY IS CRITICIZED. AN OKLAHOMA STUDY WHICH SURVEYED ALL 41 KILLINGS OF POLICE OFFICERS IN THE STATE FROM 1950 TO 1974 FOUND THAT UNTIL 1970 NOT A SINGLE DEATH RESULTED FROM A TRAFFIC STOP. FROM 1970 TO 1974 THERE WERE THREE OFFICERS KILLED IN TRAFFIC-RELATED SITUATIONS. IN THE 24 YEARS STUDIED, 7.3 PERCENT OF ALL KILLINGS OCCURRED IN TRAFFIC PURSUITS AND STOPS. FEDERAL BUREAU OF INVESTIGATION STATISTICS SHOW THAT 9.7 PERCENT OF THE 947 POLICE OFFICERS KILLED NATIONALLY FROM 1965 TO 1974 WERE ENGAGED IN TRAFFIC PURSUITS AND STOPS. NEITHER STUDY INDICATED HOW MANY OF THESE SITUATIONS INVOLVED KILLERS WHO REMAINED SEATED IN THEIR CARS. IN THE OKLAHOMA STUDY, 17.1 PERCENT OF POLICE MURDERS OCCURRED DURING POLICE RESPONSE TO DISTURBANCE CALLS. IT IS ARGUED THAT TRAFFIC STOPS DO NOT INVOLVE AN INORDINATE DANGER TO POLICE OFFICERS, AS THE SUPREME COURT STATED. IT IS SUGGESTED THAT THE COURT EITHER ORDER SOCIAL SCIENCE RESEARCH OR HAVE CLERKS WHO ARE TRAINED IN SOCIAL SCIENCE RESEARCH TO MAKE SURE THAT THE BEST SCIENTIFIC EVIDENCE AVAILABLE IS USED IN SUCH DECISIONS. (GLR)