Jacob Settle and his wife were in a truck in their backyard when officers David Collier and Raymond Hart arrived to execute arrest warrants for Settle and his wife. The backyard was pitch black, and the officers used flashlights. Settle refused to exit the vehicle despite orders. When Collier attempted to break the window to enter, Settle started the truck's engine and shifted the transmission into gear. Collier, fearing the truck would strike him and his partner in the tight space between the vehicle and the house, fired two shots into the driver's side window. Settle died from the wounds. The estate sued Collier for excessive force under the Fourth Amendment and battery under Florida law. The district court denied Collier's motion for summary judgment, ruling that a reasonable jury could find the force excessive because the truck never moved and did not pose a threat.
Chief Judge Pryor, writing for the majority, applied the objective reasonableness standard of the Fourth Amendment, viewing the evidence in the light most favorable to the estate. The court rejected the estate's argument that a vehicle must physically move to be considered a deadly weapon. The court reasoned that Settle's actions of starting the engine and shifting into gear were escalatory and converted the truck into a deadly weapon with which he was armed. Citing Long v. Slaton and Pace v. Capobianco, the court held that officers are not required to wait until a suspect uses a deadly weapon to act. The court found that Collier reasonably perceived an immediate threat of serious physical harm because Settle was actively resisting arrest, the space was narrow, and visibility was poor. The court also addressed the lack of a warning, noting that the feasibility requirement does not demand a warning if issuing one would cost the officer his life. The court distinguished Morton v. Kirkwood, where the suspect complied with orders, from this case where Settle escalated the situation. Finally, the court held that because the use of force was not excessive under the Fourth Amendment, Collier was also entitled to immunity under Florida's self-defense statute.
The case is remanded to the district court with instructions to grant summary judgment in favor of Officer Collier. This decision reinforces that officers may use deadly force against a stationary vehicle if the suspect's actions, such as starting the engine and shifting gears, create an objectively reasonable belief that the vehicle is being used as a weapon. It clarifies that the Fourth Amendment does not require officers to wait for a vehicle to move before acting in tense, rapidly evolving situations.