Police Driver Negligence in Mobile Vehicle Stop

In a case involving a police operation to apprehend a suspect during a planned drug exchange, where officers opted for a dynamic mobile stop by moving to intercept and slow down the suspect's vehicle, resulting in a collision and damage to both cars, the court addressed a private criminal complaint for negligent bodily harm against the police driver. The court reasoned that the procedural guidelines cited by the complainant were mere recommendations, not legally binding on police tactics, and that the decision to use a mobile stop fell within the justified discretion of the police, as it was deemed necessary to prevent the flight of a suspect wanted for serious drug offenses. Furthermore, the court found that the method of stopping—blocking the target vehicle with a police car using flashing lights, even if it led to a minor collision—was proportionate under Article 14 of the Penal Code, as it was a necessary and suitable reactive measure given the limited time and options available to the officer in a situation where the suspect appeared poised to evade apprehension.