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Agree or don't... no worries here... I put out actually case law for you to interpret for yourself... I feel that the rider COULD be charged on the case law stating that the suspects actions "set in motion the entire chain of events that produced death". I would feel comfortable making an arrest based on that... the court decides the conviction... the prosecution COULD answer the defense with this since the riders failure to stop proceeded the cops failure to obey policy, an response set in motion by the riders action and subsequently leading to death... all in how you want to argue it...
again... I am not saying there is no blame on the part of the Officer... he should have followed whatever policy is in place... whether he agreed with it or not... I have only had one pursuit that ended in a crash... luckily the only one involved in it was the suspect... and I remained within the guidelines of my policies...
fyi in case anyone is wondering... my pursuit policy as it pertains to motorcycles is that I can pursue in a safe and reasonable manner UNLESS the motorcycle has been identified or is known by me... aka... if I got the plate before they ran or I knew the bozo from around town... also all pursuits can be, and usually are, called off by the Officer in charge...
I've yet to have a bike run on me...