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Police were allowed to use oc gas for a moped girl who had escaped patrol – an escape trip to a collision and rupture of the femur – Oulu region

A teenage girl riding a moped in Oulu ran away from the police patrol, drove to the fitness track and collided with a tree.

The police got it use oc gas to stop the moped girl in a chase situation. In the opinion of the Rovaniemi Court of Appeal, stopping the fugitive moped by gassing was necessary in the situation and therefore it dismissed the accusation received by the police for breach of duty.

In December 2018, the Oulu District Court sentenced two police officers to a 20-day fine for breach of duty. Police chased a teenage girl on a moped. When the moped rider didn’t stop, police sprayed him with oc gas.

The district court also convicted a 15-year-old girl who had ridden a moped of endangering traffic safety as a young person, but she was left unpunished.

The series of events that ended in court started in Oulu in September 2016. At night, the police patrol spotted a moped in front of it, the speed of which was measured with an average speed device at 70 kilometers per hour.

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The police followed the moped. The blue and red stop lights were switched on while driving. The moped rider looked behind him and set off to run away. Police also turned on the alarm sounds and shouted the moped rider from the car window to stop.

Moped continued to flee. Police decided to use gas to stop it. Another of the cops sprayed gas from the car window in the direction of the moped rider twice. The moped rider nonetheless continued his journey to the fitness trail, where he drifted to the edge of the trail and collided with a tree.

The girl was injured in the collision. He had a broken femur.

The police driving the car appealed to the Court of Appeal. The patrol decided to use the gas together, but the police sitting in the squadron’s place used the gas.

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In the opinion of the Court of Appeal, the use of gas was necessary in the situation and the reason for the girl’s expulsion was not gassing.

– The moped rider’s journey has continued even after the second use of oc gas, the second spraying has not affected the moped rider’s behavior, but he has continued to drive several hundred meters below the railway underpass, eventually ending up on the fitness track. It is also undisputed that the use of oc gas has not been causally linked to the crash, the court states in its judgment.

On the basis of the overall assessment, the Court of Appeal considers that the use of oc gas must be considered necessary in view of the circumstances of the case and as a means of force in accordance with the principles of proportionality and least harm.

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