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HomeMy WebLinkAboutAgenda Statement 1988/05/12 Reso 13676 . . . 5) DATE: May 12, 1988 GENERAL ORDER NO. 88-9 SUBJECT: Vehicular Pursuit Policy Amended As of 1/1/88, Section 17004.7 CVC, Public Liability, became effective. This Section provides immunity to a public entity from civil liability for personal damages, death or property damage resulting from a collision with a vehicle driven by an actual or suspected law violator pursued by a Peace Officer if the public employer adopts a policy with specified minimum standards for safe pursuit. In order to be in full compliance with this law, the Department is now issuing this Amended Vehicular Pursuit Policy which will replace Section 801.13 of the Police Manual. POLICY To pursue all violators whose escape would jeopardize public safety, whenever such pursuit can be accomplished without unreasonably endangering the officer or the public. J , DEFINITION An event involving one or more law enforcement officers attempting to apprehend a suspect operating a motor vehicle who is trying to avoid arrest by using high speed driving or other evasive tactics. PURSUIT REQUIREMENTS Whenever an officer becomes involved in the pursuit of a vehicle that fails to stop for the officer's emergency lights and siren, the officer shall immediately notify dispatch of the following information: 1) Description of the vehicle being pursued, including: a) License number b) Color and Make c) Number occupants and any description 2) Reason for the pursuit including crimes involved 3) Direction of travel, ROAD CONDITIONS, speeds involved 4) The LCO shall insure that the Watch Commander or a Field Sergeant is aware of the pursuit A supervisor shall monitor the pursuit by radio until its conclusion / .~ ..' . . . - 2 - CONTINUANCE OF PURSUITS 1) Law violators cannot be allowed to escape at will simply because there is some threat to the safety of others. Pursuit should be initiated and continued when such threat to safety is not out of proportion to the offense or offenses involved. If there is a reason to believe the fleeinq suspects represent a serious ~eat to public safety should they escape, pursuit should be continued even though the hazards are greater than normal. Department members are expected to use sound judgment in deciding whether or not the threat to safety of further pursuit outweighs the benefit to the public should the arrest be made. 2) Under most circumstances, pursuits should be discontinued when: a) In the member's opinion a serious hazard is present to the public and/or pursuing member(s) which overshadows the need to arrest/identify the fleeing suspect. b) The pursued vehicle's location is no longer definitely known. f c) The subject(s) can be identified to the point where later apprehension can be accomplished. d) The member is unfamiliar with the area and is unable to relay his or her location to the dispatcher and/or other responding units. e) Any of the unit's required emergency equipment (including radio) ceases to function properly TERMINATION OF PURSUIT 1) A supervisor shall order the pursuit unit to terminate the pursuit if they believe that to continue would be unduly hazardous to the officers and/or the public. Whenever possible, supervisors should make termination order decisions from actual field observations. 2) Pursuing officers will not wait for a supervisor's command to call off a chase but will be expected to take that action themselves when the particular circumstances fall under the provisions of these regulations. JUSTIFICATION FOR PURSUIT A high speed pursuit shall only be conducted when the escape of the person(s) being pursued poses a serious j,., . ( . /; t.,: ( ,--.--- .......... . . . - 3 - threat to public safety. Examples would include: murder, rape, armed assault, or an extremely erratic driver. Traffic violations alone seldom justify a pursuit. The risk of injury to the officers and/or the public simply are not outweighed by the gravity of the offense. This policy may even include allow- ing a felon to escape. An example would be the auto theft suspect when it is apparent that the vehicle is being used to transport undocumented aliens only. Pursuing violators who are operating motorcycles is specifically discouraged unless the motorcyclist is known to have committed a violent felony or has committed a felony and is believed to be armed. PRIMARY PURSUIT UNIT The unit which initiates the pursuit unless relieved by another unit. ASSISTING UNITS No more than two police vehicles (primary and assisting unit) plus a supervisor shall be actively in pursuit of a violator or operate at pursuit speeds. To be in pursuit the unit must have both lights and siren activated and have visual sight with the suspect vehicle. A second pursuit unit must also have radio contact with the primary unit. Additional units should attempt to position themselves at strategic points in anticipation of assisting when the suspect is stopped or becoming the primary unit if the lead unit loses the suspect or becomes disabled. MOTORCYCLE UNITS If a motorcycle unit initiates the pursuit, that unit will abandon the pursuit as soon as a marked unit is in position to take the primary position. UNMARKED UNIT Will follow the same policy as motorcycle units, and under no circumstances will unmarked units pursue vehicle~ for misdemeanor violations. RESERVE UNITS If a Reserve Officer becomes involved in a pursuit, they shall relinquish the pursuit as soon as practical to a regular unit. t , ~ . . . - 4 - PURSUITS BY OTHER AGENCIES Unless specifically authorized by the Watch Commander or Sergeant, no units will join in an active pursuit by another law enforcement agency. This does not preclude a unit from being as singed to a point of advantage or to the scene of the termination of the pursuit to provide assistance to officers of another law enforcement agency. PURSUITS INTO ANOTHER JURISDICTION All agencies in the County have adopted the County Pursuit Policy which sets forth the following: 1) "Generally the agency initiating the pursuit shall be responsible for the progress of the pursuit, even when the pursuit enters another agency's jurisdiction. The initial pursuing officer shall be responsible for having his dispatch center notify the allied agency whose jurisdiction he is entering, the direction and route of pursuit, description of vehicles pursued, and crime involved. Such notification is not to be considered a formal request for the allied agency to join or assume responsibility for the pursuit. It is a matter of protocol. J , The initial pursuing officer or his supervisor will determine whether the allied agency should be requested to assist or assume responsibility for the pursuit. If the initiating agency relinquishes responsibility for the pursuit to an assuming allied agency, the initiating agency shall then abandon pursuit. The initiating pursuit unit and supervisor should remain available for coordination of information in the event that the suspect is subsequently apprehended. The allied agency will assist the initiating agency only by request and will assume responsibility for the number of pursuing units or to terminate should events dictate. VEHICLE OPERATION 1) Assisting allied agency personnel will not employ special tactics (i.e., road blocks, channelization, etc.) without being requested to do so, and never without first advising the agency directly involved in the pursuit of their intentions. NO SURPRISES PLEASE. 2) If the agency directly involved in the pursuit requests / ,'':''? . . . - 5 - that an allied agency resort to the use of special tactics, (i.e., set up a road block, etc.) the allied agency will advise the requesting agency if they cannot comply with the request (i.e., the allied agency department policy may prohibit its members from employing such tactics). 3) Policy governing "boxing-in," "road blocks," "ramming," channelization" and "use of firearms" is the sole responsibility for each individual agency." AERIAL SURVEILLANCE Maximum use of law enforcement aircraft should be made as quickly as possible. The air crew will notify dispatch as soon as they are in position to follow the suspect vehicle. The aircraft then becomes the pursuing unit, for as long as it is physically able to do so. They will be responsible for coordinating the ground units in order that they may effect the arrest. If the air unit is unable to continue the pursuit due to fuel, or weather, they will notify ground units prior to relinquishing the primary pursuit unit. t , SOUTHBOUND FREEWAY PURSUIT POLICY In order to give warning to Mexican authorities and to provide them an increased degree of safety, the following policy shall be followed: When it appears the suspects may flee across the International Border, the Border Patrol will be advised by dispatch who will in turn advise the Mexican authorities. Under no circumstances will pursuing units from this agency cross the International Border. SHOOTING AT VEHICLES Shooting at fleeing vehicles is discouraged and is permissible only when deadly force is necessary and is in accordance with the Department Shooting POlicy. The driver/ officer shall not fire under any circumstances while engaged in driving the police vehicle. BARRICADING ROADWAYS OR RAMMING SUSPECT VEHICLES This action is extremely hazardous under the most optimum of conditions. It is strongly discouraged and should be used only in the most exceptional situations. PURSUIT GUIDELINES 1) In all pursuit situations extreme caution should be jr;). ...'1 -,u' , . . . - 6 - practiced to provide the maximum amount of protection for you, your partner, and the motoring public. Particular care should be taken when involved in pursuit driving upon congested roadways. 2) Anytime an officer engages in pursuit, and particularly when such occurs upon congested roadways, the officer must consider the following: a) Pursuit, or continued pursuit, must be commensurate with the seriousness of the known offense. (Probable cause and reason- able grounds must be the criteria for felony and misdemeanor) . b) The type of roadway - width, sight distance, present conditions (wet, dry, fog, etc.) and the number and type of intersections. c) The potential hazard you create for yourself, your fellow officers, pedestrians, ~ and other drivers when you are involved in i pursuits. 3) Pursuit shall be accomplished at speeds which take into consideration the type of roadway and prevailing traffic conditions. In no event shall pursuit begin or continue where it presents an immediate and present danger to the life of police personnel, the motoring public or pedestrians. 4) It is not the intent of this order to discourage members from carrying out their responsibilities as to the apprehension of fleeing motorists; however, in all cases of high-speed driving, the safety of yourself, your fellow officers, and members of the public should be kept upper- most in your mind. 5) safety rules to be followed during emergency vehicle operation: a) Keep your speed at a level which will enable you to avoid hazards which you anticipate by being alert and exercis- ing due care. b) Don't follow immediately behind another vehicle and then suddenly blast the siren. The motorist may rapidly apply his brakes! J ;-.. . ' . ~....-. 1",1 . . . - 7 - c) Don't pass on the right while using the lights/siren unless no other course is available and then only when you are reason- ably sure that the car you are passing will not drive to the right as you are passing. d) Drive with due regard for the safety of all persons using the highway. e) When driving at high speed with red light and siren, keep near the center of the road- way so oncoming vehicles can see the red lights approaching. f) The law gives you tl1e right-of-way when your siren and red lights are in operation, but you must give the motorist and pedestrian the opportunity to yield to you. g) Check your beat first each day for changes and hazards. An intimate knowledge of your beat and your (and your car's) limitations are to your advantage. h) Don't hesitate to ask for assistance, we operate as a team. The radio gives you mObility. Advise your route, speed, and describe your suspect and vehicle. i) If involved in an accident, notify the patrol supervisor at once. Don't make statements pending the patrol supervisor's arrival. LEGALITY OF OFFICERS' ACTIONS 1) A peace officer driving a vehicle must comply with normal "rules of the road" governing driving. The officer is exempt from following these rules while driving in response to an emergency call or in immediate pursuit of an actual or suspected violator of the law and the vehicle is sounding a siren and displaying a lighted red lamp visible from the front. (Vehicle Code Section 21055). The exemption from following normal "rules of the road" does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of persons using the highway or protect an officer from the consequences of an arbitrary exercise of the privileges exempting the officer from normal driving rules. (Vehicle Code Section 21056, 21807). , , ..,,< . . . - 8 - 2) A peace officer operating an authorized emergency vehicle in the line of duty in response to an emergency call or in immediate pursuit of an actual or suspected violator of the law, will not be personally liable for civil damages due to the personal injury to or death of any person or damage to property resulting from the operation of the vehicle. (Vehicle Code Section 17004). A peace officer may still be personally liable, and/or expose the officer's employer to liability for civil damages due to the death or injury of a person or damage to property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle not in a pursuit situation by an employee acting within the scope of his employment (Vehicle Code Section 17001). ()Jd~~ tJ k11 t;; WILLIAM J. NTERS Director 0 Public Safety WJW/amh cc: Sworn Personnel Man. Rev. Watch Cmdr. Man. ( Rev. 5/ 88 ) t , ~. v...r