As the article points out, running from police (by itself) is not a crime nor is it (by itself) legal grounds for a police stop. However, along with other elements of reasonable suspicion which the officer may have in his/her mind, flight from police CAN contribute to sufficient legal grounds for a police pursuit and stop. This is admittedly a difficult gray area into which officers (who as we all know are generally of average or less than average intelligence) are thrust and about which they have to make split-second decisions. The public, highly intelligent lawyers, and super highly intelligent judges get months and years to pore over each case, do research, listen to arguments for and against, discuss it among their august minds, and then finally render a final, legally-binding decision.
Just yesterday two of my subordinate officers who have a total of 28 months in the police department (combined) were asking me about the Freddie Gray case in Baltimore and how it should affect their decision-making and actions here. We specifically discussed the issue of the legal grounds for initiating a foot pursuit. I related it to a burglary suspect we are very interested in at this time. The last time we arrested Mr. "Smith" for burglary, he went to prison for a year and a half for committing three home break ins (burglaries), though we suspected him of five others. Mr. Smith has now been released from prison and is on parole back in our neighborhood. Coincidentally (or not), we have a new pattern of burglaries in which the targets (Asian residents) and the M.O. are the same as Mr. Smith's previous burglaries in this high crime neighborhood in which his home is situated. The suspect(s) knock on the target's door (within 3 blocks of Mr. Smith's house) and if they get no answer (indicating no one's home) they climb into the alley and make their way to the rear of the targeted property. There they break into a first or second floor window, usually by removing a window air conditioner. Then the burglar(s) goes to the living room and jams a piece of furniture under the door knob on the inside of the front door so if the residents come home it will be difficult, loud and time-consuming for them to get inside which will alert the burglar(s) who will then have time to make his escape out the back door. Often, the only things the burglar steals from the home are money and valuables small enough to be carried in his pockets or a small back pack. So my officers wanted to know if they could stop and investigate Mr. Smith just because he has multiple burglary convictions on his record and our new burglary pattern matches him to a "T." I told them "No," that would be insufficient reasonable suspicion to stop him. Then they asked, "What if when he saw us and we saw him, he took off running from us before we said or did anything." I said "Yes," that third element would be enough (along with his burglary history, and our new burglaries which started as soon as he got out of prison) to chase Mr. Smith. At law, flight from police can usually be used as an indication of that person's knowledge of their own guilt and desire to avoid arrest. So, in our current situation, we would have three elements of our reasonable suspicion which would justify our pursuit: felony history, a new pattern of the same crime in the same high crime neighborhood now that he's newly out of prison, and his attempt to flee for no apparent reason.
However, those elements of reasonable suspicion would not be probable cause grounds for an arrest or a lengthy detention. In the above case of a foot pursuit of Mr. Smith, only after the officers caught him and had a chance to conduct a street investigation could there possibly be an arrest. Hypothetically, let's say Mr. Smith could not be arrested for any burglary because there was no evidence to connect him to one. But let's say the officers frisked Mr. Smith for weapons and found an illegal, spring-operated switchblade knife in his pocket, they could arrest him for that even though that wasn't what they were originally suspicious about (this is the only charge Baltimore police put on Freddie Gray in similar circumstances). If there was no evidence of any crime and no open arrest warrant, Mr. Smith would be sent on his way, a free man.
So: members of the public are free to run from the police when they see them. Police are also free to chase them IF (in their own minds based on their own knowledge and experience) they have grounds to have a reasonable suspicion that the person who runs is guilty of some crime. Who decides what is a reasonable suspicion? The officer has to make that decision on the street in a split second. However, when the case gets to court the judge and jury will decide if the officer had sufficient reasonable suspicion to start the foot pursuit in the first place. If the judge/jury decide there was NOT sufficient reasonable suspicion for the initial foot pursuit, then almost always the arrest is thrown out and the suspect is free to go.
What is ABSOLUTELY NOT LEGAL, MORAL OR ACCEPTABLE under any circumstances is that the officers injure the suspect (or by negligence allow him to be injured) so badly that he dies !
Tom