Among the images burned into my mind are those of innocent persons who have been killed or maimed, and the multiple families that have been destroyed as the result of vehicles being pursued by law enforcement. In my service with multiple agencies, I have far too much experience with these types of tragedies.

Like just about every person who is reading this article, I have often been deeply frustrated at the inability to more promptly bring vehicle pursuits to an end. The purpose of this article is to explore another potential option for addressing this serious problem — disabling a vehicle by firing a projectile into its radiator. This article proposes the creation of a model policy applicable to law enforcement agencies.

Is a projectile into a radiator always a viable option?

Just as with PIT maneuvers, ramming, net captures and other techniques, any utilization of a radiator-disabling maneuver is a reasonable possibility only in limited tactical situations. Generally, disabling a radiator will rapidly result in an overheated and disabled engine.

Can it be employed by any peace officer?

A radiator-disabling technique
involving a projectile would necessarily be performed by an officer with a high level of marksmanship skills, which are current and routinely evaluated (and documented) to ensure continued proficiency. Conventional marksmanship skills alone are not adequate because the officer must be an expert in targeting a moving vehicle. This also includes tracking the vehicle’s trajectory, vehicle speed and lead-time considerations. Because there are a variety of vehicles with radiators, a reasonable level of automotive understanding is helpful as well.

Minimizing liability

Litigation is not only a possibility, but more likely a certainty. Without deep discussions, careful personnel selections, solid criteria, quality documentation and specific training, the mere discussion of this topic is enough to make municipal attorneys recoil in horror and defense attorneys salivate with delight! Hopefully, this article will provide information which, if applied, will cause the radiator-disablement technique to be seen as a viable option.

Likely favorable circumstances for radiator disablement

Ideal circumstances would include a reasonably long, straight stretch of roadway, no other nearby vehicles and a position where the designated marksman has an unobstructed view of the radiator of the vehicle being pursued. Such locations might be found alongside a pillar prone on the floor of a special-purpose vehicle that has been maneuvered to a position ahead of the vehicle being pursued. Other locations and situations can also be suitable, depending on a variety of factors, including nearby vehicles, pedestrians and dwellings.

This technique would be most applicable in long, drawn-out pursuits where there is a reasonable ability to deploy a certified officer to the route in time to be effective, much like the spike-strip deployments along a perceived route of travel.

Special training considerations

Realistic and specific documented training would necessarily involve the actual firing of munitions into radiator locations of fast-moving vehicles. For example, initial qualification and periodic recertifications might feature targeting a “pursued” vehicle with a steel protective front shield and a facsimile radiator location for marksmanship practice and proficiency.

Preferred munitions

I believe that employees trained and certified (agency certification) in radiator disablement should have in their possession several weapons and various types of munitions to be employed based on the tactical situation. As examples, slugs fired from a long-barreled shotgun — which have a big impact but minimal penetration — must be fired at a relatively close distance to the target vehicle. Conversely, a bullet fired from a military-grade rifle can be discharged with greater accuracy from a greater distance, but it carries the potential for penetration beyond the radiator. Each has advantages and drawbacks that the shooter must weigh based on the tactical situation.

Designated officers would not be assigned primarily to pursuit responsibilities but would work their regular assignments and locations and be available for immediate deployment in the event of pursuits. These officers would be required to have a container with the necessary weapons, munitions and related items in their possession while on duty or on call.

Supervisory involvement

Supervisory involvement is essential at each stage of training and deployment, as reasonable. While efforts will be taken to minimize death and injury of the driver and any passenger(s), the reality is that any degree of a radiator-disablement application should be considered the use of deadly force.

Realistically, the fast-moving scenario of pursuits and the distances often involved will likely preclude the physical presence of a supervisor at the time the radiator-disablement technique is employed. Accordingly, the supervisor and shooter should remain in contact via radio, as reasonable, to ensure that the criteria for use of the radiator-disablement technique are satisfied. As to formal last-minute approval to shoot, the fast-paced movement of pursuits is such that only the designated shooter can make that call, based on agency criteria.

To the degree reasonable, it is also advisable to discuss utilization, decision-making process and threat to others over the agency radio, as those transmissions will be demanded in discovery processes, and the good intentions and professionalism of those involved can weigh favorably toward the agency and officers in litigation.

Logistic feasibility?

My experiences have been both in large agencies (where such a program could have been incorporated without many difficulties) and in smaller agencies where it would have been nearly impossible because of limited personnel and resources. I do not believe the necessary training would involve a massive program, but rather an expansion of existing training, especially among personnel who are already involved in specialized training. For smaller agencies, a regional approach may be a workable option. 

Deployment of certified personnel

Just as in many other specialized resources (K-9, EOD, translators, etc.), it is not likely that an officer certified in radiator disablement would always be available or able to respond in a timely manner. That said, pursuits brought to a near-immediate end as the result of a round in a radiator are likely to involve positive notoriety in discouraging future pursuits.

Essential documentation

There will be lawsuits and litigation. However, by knowing the concerns that are likely to be raised by plaintiffs’ attorneys and addressing those concerns at every phase of training and deployment, the likelihood of successful litigation is significantly lessened. For example, the documentation and criteria will address the necessity of utilization to save lives and prevent injuries; the selection of personnel and scope of training will demonstrate the professional nature of the program; and the documentation will include language making clear every reasonable effort to minimize injury to suspects and uninvolved civilians. Everything should be written with eventual discovery in mind. A goal is to make plaintiffs’ attorneys sorry they asked!

A predictable leadership challenge

The nature of their professions is such that most cops and all military infantry personnel believe themselves to be accomplished marksmen, which is largely accurate. However, for an application such as the radiator-disablement technique, far more critical skills beyond just being a good shot are essential. For the purposes of the model radiator-disablement program envisioned in this article, I believe a strongly worded administrative document is advisable to dissuade noncertified personnel from employing a radiator-disablement strategy.

Disclaimer for use outside the boundaries of the criteria in this article

This article is not intended to create a restriction or legal liability for the application of some type of radiator disablement by an officer of an agency that does not have the type of documented program envisioned in this article. An officer with a rifle in an isolated area and confronted with a dangerous situation may, within the latitude of that agency and consistent with personal skills and abilities, attempt such vehicle disablement. These types of out-of-control vehicular situations typically occur without warning and are very fast-paced, seldom allowing the benefit of extensive discussion and tactical planning. Not all situations lend themselves to on-site supervision and guidance.

Summary

I hope that I have made my case and that some of my colleagues will come to my point of view with respect for the need for additional techniques to successfully end vehicular pursuits. Just think that the next innocent person who dies on your watch is loved just as much as you care for your family. This reality remains a foremost consideration behind my passion on this topic.