united-states criminal-law police vehicle assault
Under what circumstances is it OK to intentionally drive at people?
<p>If <a href="http://6abc.com/news/police-id-driver-killed-in-officer-involved-shooting-in-overbrook/1322605/" rel="nofollow">a civilian is driving a car towards a person who is a police officer</a>, that is historically sufficient justification for the officer to apply the instant death penalty against the driver. Even if <a href="http://counton2.com/2016/06/24/officer-shoots-into-fleeing-teens-car-7-times-video-shows/" rel="nofollow">a driver is trying to drive around an officer to get away</a>, the officer's <em>perception</em> (or even a <a href="http://www.huffingtonpost.com/entry/video-of-cop-shooting-zachary-hammond-released_us_562f8de6e4b06317990f5ff6" rel="nofollow">claim to have that perception</a>) that the driver tried to hit them with a vehicle is enough to justify an instant death penalty against the driver.  Based on these cases (there are plenty of them!), it would seem like it's <strong>never</strong> legal or OK to drive at another person, or in a direction that could be interpreted as attempting to hit another person.  Given the severe &amp; instant punishment, it seems like this is not even close to the boundary (hence the bold "never"). </p>

<p>When a civilian intentionally drives into a crowd (e.g. in <a href="http://www.latimes.com/nation/la-na-crash-las-vegas-strip-casino-20151220-story.html" rel="nofollow">Las Vegas, or Isla Vista</a>, or <a href="http://www.cnn.com/2014/03/13/us/texas-sxsw-crash/" rel="nofollow">SXSW</a>) and people get hurt (<a href="http://www.nbcnews.com/id/11660817/ns/us_news-crime_and_courts/t/driver-charged-after-suv-plows-through-crowd/" rel="nofollow">even if</a> <a href="http://www.ohio.com/news/break-news/police-say-akron-woman-drove-through-crowd-during-fight-1.454609" rel="nofollow">nobody's killed</a>), that's considered a severe violation of the law and serious charges follow.  Even driving towards a crowd, before reaching it, can be <a href="http://www.kolotv.com/content/news/Downtown-Reno-streets-closed-385381701.html" rel="nofollow">enough to warrant fatally shooting a civilian driver</a>.  This generally supports the conclusion above.</p>

<p>However, when it's the police doing it, it's fine for them to <a href="http://triblive.com/news/adminpage/10740074-74/story" rel="nofollow">intentionally drive straight into/through a crowd that has lawfully gathered in a city's Market Square to watch Independence Day municipal fireworks</a> (while it's <a href="https://www.washingtonpost.com/world/as-france-probes-latest-carnage-officials-warn-that-terror-threats-will-stalk-for-a-long-time/2016/07/15/1dce56da-4a74-11e6-acbc-4d4870a079da_story.html" rel="nofollow">not OK for a civilian</a> to drive into a crowd gathered to watch municipal fireworks elsewhere).  Driving directly into a crowd with loud sirens and lights is apparently a good crowd dispersion technique.  The press doesn't even cover it except as a closing footnote on another story, to emphasize how hard the police are working to keep citizens safe. </p>

<p>When the crowd is not just assembled but also protesting, it's apparently OK for even non-police drivers to drive directly into a crowd.  <a href="https://www.youtube.com/watch?v=WHSC-zaYdaQ#t=639" rel="nofollow">Here's one example from Ferguson</a>,  where the driver <a href="http://www.dailykos.com/story/2015/8/12/1411374/-Angry-driver-plows-into-protesters-on-I-70-police-file-charges-against-protesters-for-SUV-damage" rel="nofollow">cleared it with police and even got charges brought against the protesters for damaging her car</a>.  <a href="http://www.dailymail.co.uk/news/article-2849774/Sickening-moment-hit-run-driver-smashes-crowd-Ferguson-protesters-drags-woman-20-feet-car-running-leg.html" rel="nofollow">Here's another example from Ferguson</a>. Where it's someone <a href="http://addictinginfo.org/2016/03/19/trump-fan-drives-jeep-through-crowd-of-protesters-video/" rel="nofollow">driving into a crowd of anti-Trump protesters</a>, police <a href="http://www.theblaze.com/stories/2016/03/19/vehicles-attempt-to-plow-through-crowd-of-trump-protesters/" rel="nofollow">just shrug</a> and help out the driver, before <a href="http://www.abc15.com/news/region-northeast-valley/fountain-hills/donald-trump-protesters-block-traffic-in-fountain-hills-arizona-video" rel="nofollow">arresting protesters for being in the way</a>. <a href="http://www.theolympian.com/news/local/article79605472.html" rel="nofollow">A driver in that situation might apologize</a>, but doesn't face charges. </p>

<p>The clearest rules I can figure out from this is that it's legal to drive at people when it's the police doing it or when the crowd is assembled for something that might fall under a First Amendment category as opposed to people just being in a busy place.  However, I don't especially like that answer. In trying to find a stronger one, my own personal sense of ethics clearly has no bearing or relevance to this question.  If it did, all of the latter examples (even the police car) would be in the "illegal" category along with the first ones.  So, what does the law say?  What's the legal rule?  Where does that rule come from (i.e. law citations)?    </p>

<p>Your question convolutes a number of <em>different</em> circumstances and legal questions.</p>

<ul>
<li><p><em>When is a person justified in using deadly force against a driver?</em>  When the person can convince a prosecutor, judge, or jury that a reasonable person would consider it necessary to prevent grievous bodily harm (and other situation-dependent defenses &ndash; for more nuance see <a href="/questions/tagged/self-defense" class="post-tag" title="show questions tagged &#39;self-defense&#39;" rel="tag">self-defense</a>).</p></li>
<li><p><em>When can a law enforcement officer assault people with his vehicle?</em> When he his performing official duties, and is performing them in a manner reasonably consistent with his training and official obligations.</p></li>
<li><p><em>When can a driver assault people with his vehicle?</em>  When the driver can convince an inquiry that a reasonable person would consider it either not an act of assault, or else a justified act of self-defense.</p></li>
<li><p><em>When are pedestrians liable for collisions with vehicles?</em>  When they are obstructing or infringing a traffic right-of-way; or when a judicial inquiry determines that they are at fault.  Pedestrians in such situations could also be cited for many other offenses (Disorderly Conduct, Jaywalking, etc.).</p></li>
</ul>
