Incident Overview
An Immigration and Customs Enforcement (ICE) officer fatally shot Renee Nicole Good, a 37-year-old mother, in her car in Minneapolis. This incident initiated differing accounts from officials.
Trump administration officials stated the shooting was justified. Local officials criticized the shooting. The event is expected to lead to renewed scrutiny of law enforcement training and policies, particularly regarding shooting at moving vehicles.
Evolution of Use-of-Force Policies
There has been a recent trend in law enforcement to implement policies prohibiting officers from shooting at moving vehicles. Decades ago, the New York City Police Department (NYPD) banned this practice, which resulted in a decrease in police-related fatalities without increasing officer danger. Consensus within police ethics and policy research emphasizes that policing should prioritize valuing and protecting human life.
Despite this consensus, controversial law enforcement fatalities continue. Not all agencies have implemented prohibitions on shooting at vehicles, and some existing policies are unclear.
ICE's Use-of-Force Policy
ICE, under the Department of Homeland Security, has a policy on shooting at moving vehicles that differs from generally recognized best practices. Its current use-of-force policy prohibits officers from "discharging firearms at the operator of a moving vehicle" unless it is necessary to stop a grave threat. It explicitly states that deadly force should not be used "solely to prevent the escape of a fleeing suspect."
Video evidence from the Minneapolis incident shows one officer attempting to open the vehicle's door while another officer was reportedly in front of the vehicle as Good attempted to drive away. Shooting to prevent escape alone would contravene ICE policy and the principle of prioritizing life protection.
However, ICE's policy does not explicitly instruct officers to move out of the path of moving vehicles when feasible. This contrasts with the Department of Justice's (DOJ) use-of-force policy, which explicitly states officers should not shoot at a vehicle if they can protect themselves by "moving out of the path of the vehicle."
In 2022, President Joe Biden issued an executive order requiring federal law enforcement agencies, including ICE, to adopt use-of-force policies equivalent to or exceeding the DOJ's requirements. Despite this order, the provision to step out of the way of moving cars was not incorporated into ICE's applicable use-of-force policy.
Rationale Against Shooting at Moving Vehicles
Prioritizing life protection does not eliminate deadly force in all scenarios, such as against an active shooter. However, it precludes deadly force when less harmful tactics can neutralize a threat, rendering such force unnecessary.
Shooting at moving vehicles is often deemed unnecessary because officers frequently have the less harmful option of stepping out of the vehicle's path. This guidance aims to enhance the safety of both suspects and officers. While it reduces harm to suspects, it also lowers officer risk because shooting a driver rarely stops a vehicle instantly; the vehicle often continues its trajectory.
Analysis of police department policies in the 100 largest U.S. cities indicates that nearly three-quarters include prohibitions against shooting at moving vehicles.
Policy Gaps and Impact
The Minneapolis shooting highlights the gap between existing laws and policies and best practices for protecting life in law enforcement. Historical precedents suggest that clear bans on questionable tactics in law and policy can significantly impact safety.
For example, the "fleeing felon rule," which allowed police to shoot fleeing felony suspects regardless of immediate danger, was revised by departments and banned by some states. In 1985, the U.S. Supreme Court ruled this practice unconstitutional. Banning this tactic led to a reduction in police-involved fatalities, demonstrating the potential for clear policy changes to save lives and enhance officer accountability.