Can You Drive Through a Protest? Why Gov. DeSantis Might Be Right—And Why It’s Not That Simple

Much has been made this week about Florida Governor Ron DeSantis’ (my governor) comments concerning protestors surrounding a motorist’s vehicle, and if the motorist felt threatened, could they drive off, possibly striking said protestors with their car? The short answer is yes, they can, but allow me to share a little more context because, like most issues, it isn’t cut and dry. Some people (confused or a yahoo) may take the governor’s words as carte blanche to take action where it may not be warranted, and get themselves into legal trouble.

For example, we (law enforcement) are asked for advice by a citizen on what they should do if they’re at a stoplight and are approached by someone on the street who is panhandling, or becomes aggressive towards them, and they become fearful of an assault. We advise them to run the light, being careful of cross traffic, and to get away from there. If they believe they are being followed, call 9-1-1, of course, but also drive directly to the nearest police or fire station, or a public place, and wait for responding units to get there. But if you find yourself in a crowd situation, as has been happening this past week in Any Town USA, what Governor DeSantis said is correct, in the strictest context of being in fear of one’s safety or for those that are with you. 

If your town is having one of these so-called peaceful protests like Los Angeles or New York, I would first tell you that if you are going to be driving around town, either for work, pleasure or necessities, pay attention to news reports as to where the protests are taking place and stay the Hell out of there! Don’t be a curiosity seeker and put yourself in a situation you might not be able to get out of. If you do happen to drive into a protest area, keep driving and get out as quickly as you can. Police don’t need the added burden of rescuing you, which also endangers them.

So you’ve ignored or are unaware of the reports and find yourself in these areas and are now surrounded by protestors and they are blocking your path; what do you do? You and you alone are the sole determiner if you feel your safety or life is threatened. No one can say how you feel. Not the police, the attorneys, or even psychologists. This is the same standard that we as police use when someone is threatening our lives, and whether or not to use deadly force, i.e., shoot or not shoot. We are the only ones at that moment in space and time who can say if we felt like we were going to die, plain and simple, as you can in a similar situation. If you are surrounded, is it logical to assume these protestors may want to harm you, may throw something deadly at your car, and as we’ve seen many times over the years, trap and then drag you out of your vehicle? YES! We witnessed this very thing happen to Reginald Denny on live TV. The truck driver who got caught in the, wait for it, the 1992 Los Angeles Riots. He was dragged out of his truck and had a brick thrown at his head. And YES, you have every right to take action and drive out of there. 

Is it also logical to believe that if you are driving out of that situation while surrounded, that you might strike/hit/run over one, two or three of these “peaceful demonstrators” and seriously injure or even kill one in the process? YES! It could happen, and in this context, Governor “D” is absolutely right, though many on the left are twisting his words and making him out to be a right-wing extremist. Not surprising since they’re claiming that the protests are not violent, even though the news footage shows fires everywhere. Maybe I need my eyes checked. He is not an extremist and very much on point and doing his best to advise and protect the citizens of Florida, which is his primary responsibility. Something other elected officials don’t seem to understand.

My first concern is that someone may interpret this as a green light to not only place them in this situation, but even if they are not actually surrounded or threatened, take unilateral and unjustifiable action by hitting someone with their vehicle and then claim they felt threatened. The Kentucky Fried Idiot that may take it too far is the one I’m speaking of here, not the run-of-the-mill person who inadvertently found themselves in this predicament. 

The other worry I have boils down to the ensuing follow up investigation by both the police and the State or District Attorney’s Office. Will your actions be interpreted as an accidental, excusable, or justifiable use of deadly force in the case of serious injuries or death? Like any legal matter, who is conducting the investigation and their opinion on the legality of your actions can have a bearing on the case. Whether the driver’s actions or my actions as a cop were reasonable or not is one of the standards used to understand someone’s mindset. Another potential issue for the driver could be the prosecutor’s political ideology. We have activist-prosecutors throughout the country who cannot seem to set their political beliefs aside. It shouldn’t be this way, but as we’ve seen many times, it is. And, the investigators have unlimited time to review, discuss, and debate what you or the cops had only seconds to decide. Not exactly fair, but that’s the game, whether you’re a cop in a deadly force, seconds-count situation, or a civilian in one. Though in your mind and in your heart you believed that your life was in danger and hit the gas and drove through a crowd that surrounded you, it may not look that way to the investigators. 

So what is my overriding advice? Don’t put yourself in these types of situations. Not being there is the best defense. But if you are, and feel you have to take action, only you can prevent wildfires, I mean, determine if you feel threatened. And should the worst possible case scenario occur and you find yourself giving statements to police, exercise your right to counsel, just like we do when we’re involved in a deadly force incident. Under the very stressful circumstances you’ll be in, you may misspeak and say something you didn’t mean to, and it might look deceptive, even though you didn’t mean it that way. Take these lessons that we cops learned the hard way. Protect yourself before, during, and after the incident. It’s your right, so make certain you exercise it. And one last thing, stay home, get the popcorn and beer, and watch the circus on TV. You’ll be glad you did.