Experts call Tuusula moped stop an excessive use of force

Criminal law experts interviewed by Yle have described a police officer’s forced stop of a moped in Tuusula over the weekend as an example of poor judgment. The police are suspected of breaching official duties, aggravated endangerment of traffic safety and causing injury.

Emeritus professor of criminal and procedural law Matti Tolvanen said he could not recall seeing a similar case in his career.

“I have never seen a moped forced off the road by a car in circumstances like these. For me, this is a unique case,” Tolvanen said.

Police use of force to stop vehicles is governed by detailed regulations. The rules state that the driver should first be given an opportunity to stop before authorities consider using force, Tolvanen said.

Kimmo Nuotio, a professor of criminal law at the University of Helsinki, said stopping a vehicle by force was a specialised area of police use of force. Regulations stress that officers must consider traffic conditions, the driver’s manner of driving, the vehicle’s type, weight and speed, and other relevant circumstances. Particular attention must be paid to the safety of bystanders.

Nuotio described the Tuusula case as unusual because the forced stop involved a moped rather than a passenger car, which is a more typical target. The fact that the rider was a child or young person made the situation more problematic, he said.

“There are significant risks when a moped is pushed off the road, regardless of how modified it may be,” Nuotio said.

Police must assess whether the method is suitable, complies with the principle of proportionality and creates excessive danger. They must also consider the risks posed by allowing the pursuit to continue. For passenger cars, police now seek to use other methods, such as spike strips, rather than forcing vehicles off the road.

Nuotio said the police responsibilities were heightened further when the person involved was a child or young person.

Experts warn against judging the incident from a short video

A video of the incident has prompted widespread discussion on social media about police powers to use force. Tolvanen said it was generally difficult to assess such situations because they develop quickly and officers must act without delay.

“When the situation is assessed afterwards, it is always difficult to consider what it looked like from the police officer’s perspective before the incident,” Tolvanen said.

Tatu Hyttinen, an associate professor of criminal law at the University of Turku, said it was highly unlikely that the officer would be suspected of attempted manslaughter, as some social media users have demanded.

Hyttinen said cases involving attempted manslaughter could be assessed differently when a driver causes a death by, for example, speeding while intoxicated. Police action in an official capacity is a different situation, he said.

He also warned against drawing conclusions from a video clip alone.

“When a clip of 15 or 20 seconds from an incident is made public, it does not provide the full picture,” Hyttinen said.

Professors condemn online targeting of police officer

Nuotio strongly condemned the online targeting of the police officer involved in the moped case. Images, the officer’s name and home address have reportedly been circulated on social media.