Federal officials have been using the term ‘weaponized vehicle’ to describe situations where cars are used to inflict harm. This term has become commonplace in news conferences and statements released by federal officials during the Trump administration’s immigration crackdown.
Legal Definition
The legal definition of a ‘weaponized vehicle’ is not clear-cut. State legislatures and some courts have agreed that vehicles can be considered weapons when they are used to inflict harm. However, many of these cases have been considerations of whether enhanced charges such as aggravated assault with a deadly weapon can be levied against a person after an injury or death was already caused by a vehicle.
Many state laws that address assault with a vehicle are designed to enhance manslaughter or other charges against people violating traffic laws or driving requirements. Judicial opinions have largely focused on crimes of negligence, road rage, or driving while intoxicated, and in rare instances, cases where someone purposefully drove their car into a crowd of people.
Use of Deadly Force
Many law enforcement departments and agencies weigh the potential for unintended harm heavily when instructing officers or agents on when it’s acceptable to fire a weapon at a moving vehicle. Many department policies tell officers to move out of the way of a vehicle rather than shoot because of the potential harm to bystanders who could be struck by unintended gunfire or by a careening vehicle if the driver is incapacitated.
Experts say many factors determine when a car is ‘weaponized’, including the speed of the vehicle, whether there are large gatherings of people on the sidewalks or nearby, and the reason for the initial police interaction. For example, a person fleeing an armed robbery at a bank might pose a greater danger than someone fleeing a traffic stop.
Original reporting: 40/29 / KHBS (NW Arkansas) — read the source article.