Expert questions police tactic that sent moped rider into fence

Legal scholar Henri Rikander has questioned the force used by police to stop a moped rider during a pursuit in Tuusula, according to Yle. The rider was forced off the road by a police car and hit a fence, which broke in the collision.

The incident took place on Saturday evening during a moped gathering in Tuusula. Police have told Yle that the Eastern Uusimaa Police Department was involved in the pursuit. The case has been transferred to Helsinki Police, which has not yet provided further details.

Rikander, who is also an adjunct professor of police law, said he could not identify a background offence that would have justified such force against an apparently underage person in this situation.

He said the legality of using force must be assessed from the starting point that police are carrying out a lawful official task, such as arresting a fleeing person or overcoming resistance. Police must also follow the principle of causing the least harm, he said.

In some cases, the task could be postponed and the person located later, for example at their home the following day. Rikander said this could have been particularly justified because police could potentially identify people at the moped gathering using cameras.

Force must be necessary and defensible

Rikander estimated that the person being stopped was riding either a moped or a moped modified to function as a motorcycle. He said the risk-taking capacity of a young person should be taken into account because it can differ from that of an adult.

During a pursuit or stopping operation, police must assess the overall situation, including the actions and choices of the person being stopped, operational safety and any danger to others in the surrounding area, Rikander said.

Although it may be necessary to stop someone for the purposes of an operation, the method used must also be defensible and proportionate to the circumstances.

Rikander said the location shown in the video was entirely unsuitable for forcing the rider off the road because there was a building and a fence nearby. The outcome could have been fatal, he said.

Case sent for preliminary assessment

The case has been sent to the police crimes prosecutor’s office for assessment. A preliminary inquiry will first determine whether the police may have committed an offence.

If a criminal investigation begins, the driver of the police car and possibly the officer responsible for leading the operation could be treated as suspects, depending on how the operation was organised. Rikander said it was not yet known whether the situation had been organised in that way.

He added that the police officer responsible for overall command would also generally be accountable for what happened. According to Rikander, operations involving forced stops should always take place under the supervision of senior police officers.

Police information indicates that the moped rider is not in life-threatening danger.