Can Police Shoot the Tires of a Fleeing Vehicle in Michigan?

Just as it is for everyday citizens, laws, rules and regulations for police vary from state to state. What you see in the movies is often an oversimplification of what police are really allowed to do to apprehend a suspect.

And let's be honest, a loose-cannon cop who doesn't play by the rules is good for television, not reality.

Nonetheless, police need the necessary resources and some clearance to do their jobs effectively. One of the more famous silver screen cop actions is shooting out the tires of a fleeing vehicle, bringing the perpetrator to a full stop.

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But can the police really do that, shoot at a moving vehicle's tires?

Thinking about it, it's incredibly dangerous. One well-timed move and a bullet is ricocheting off of the pavement to who knows where. Even if the officer lands an accurate shot on a tire, there's no telling how the vehicle or driver will react, leaving the surrounding area vulnerable to a catastrophic event.

As I mentioned, police can have different regulations determining how they can and can't handle a situation, however, this specific example has no leeway.

In Michigan, and every state for that matter, police are not permitted to use a firearm from a moving vehicle. It may look cool in the movies, but in real life, it is simply not practical.

From the U.S. Department of Justice:

Firearms should not be used in an attempt to stop a pursued vehicle. This applies to officers at roadblocks. as well as to pursuing officers. Fortunately, such action is rarely taken, because most officers realize it is extremely dangerous and ineffective. A car traveling at high speed with a wounded or dead person at the controls, would be far more dangerous than the pursuit, and a danger that none of us can justify.

So What Can Michigan Officers Do Instead?

While police can't use their guns in these situations, it's not as though they are completely helpless.

As with many situations where lives can be at risk and every snap decision is vital, police have to use their own best judgment in the moment.

The Law Enforcement Action Forum Newsletter details what police should keep in mind when facing those difficult decisions.

Officers and governmental entities maintain their State governmental immunity as long as they do not physically touch the fleeing car, physically cause a different vehicle, or object to hit the fleeing car, or physically force the fleeing car off the road or into another vehicle or object. Officers should only consider intentionally striking the pursued vehicle when options are limited and the immediate need to end the pursuit outweighs the risks. Other options such as using a spike device are preferable and allow officers to maintain governmental immunity when stopping a pursuit

In large part, Michigan police officers are bound to the results of Robinson v. Detroit, which found that Michigan police officers have a duty to protect innocent car passengers but are not liable for the actions of wrongdoers. You can learn more about that Michigan Supreme Court case here.