Miami Beach Police will no longer consider moving cars deadly weapons under a new policy from Chief Dan Oates.
The change means officers will not open fire on a moving vehicle unless the occupants of the vehicle are using deadly force. The policy switch is one Chief Oates said is overdue. Miami Police follow a similar policy and Oates said it’s backed by law enforcement groups across the nation.
“If a car is driving at you, and you are in danger of being hit, that is not justification for you to shoot at the car,” Chief Oates said Monday. “It’s a change we probably should have implemented some time ago on Miami Beach.”
Miami Beach was the scene of massive police shooting into a car during Urban Beach Weekend in 2011. Raymond Herisse was driving a Hyundai sedan and reportedly driving recklessly and refusing to pull over.
Eight police officers opened fire on the car. Herisse was killed and four bystanders in the crowd nearby were injured. Chief Oates said the new policy will possibly avoid that kind of event. However, he stressed there is still a time officers can use deadly force against a moving car.
“The only time you can shoot at a moving vehicle is, if by means other than the vehicle, you are being threatened with deadly force,” Chief Oates said.
The policy will be reviewed by the Miami-Dade Commission.
