Rob Bastian

Not So Black and White

Perspectives: Law Enforcement

By

 Robert Bastian Jr. 

Underneath that rigid view of right and wrong is an implicit balancing test diminishing the value of the persons drawing the negative lottery ticket. That human roadblock [innocent bystander] is an abstract entity until the number is drawn. Thereafter, it is Kristie Priano.
by Robert Bastian Jr.

California has one specific area of law which is shamefully unique among the fifty states. California Vehicle Code Section 17004.7 provides near absolute immunity to law enforcement for injury to innocent bystanders caused by poorly executed police vehicle chases. All other states provide for at least some form of liability. Only California makes redress in court…

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Kristie’s Law Would Control Cop Chases

by Robert L. Bastian Jr.

The Los Angeles Police Department has no explanation for why, on the night of last March 31, 2005 a motorcycle officer continued a wild pursuit of a forgery suspect on motorcycle through Westside red lights onto Beverly Hills sidewalks.

April 11, 2005 — The Los Angeles Police Department has no explanation for why, on the night of last March 31, a motorcycle officer continued a wild pursuit of a forgery suspect on motorcycle through Westside red lights…

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Officers must be accountable for innocent victims of pursuits

Forum Column
by Robert L. Bastian Jr.

April 26, 2004—The state Legislature should enact SB1866, the bill to repeal police immunity for injury-causing police chases where the public is not otherwise in “imminent peril.” The legislation promotes public safety, fairness and governmental accountability. Its only flaw is that it does not go far enough, making injury to innocent bystanders a matter of strict liability.

The bill’s text recites data from the National Highway Traffic Safety Administration that, in 2001, 365 fatalities resulted nationwide from police pursuits. California had the highest number of fatalities, 51, of which 24 were innocent bystanders — one innocent fatality nearly every two weeks. Scholars familiar with the reporting…

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