SUFFOLK POLICE DEPARTMENT POLICY AND PROCEDURE

VEHICLE PURSUITS

NUMBER: 3-39 DATE: January 2,2015

DISSEMINATION: All Employees

BY THE AUTHORITY OF THE CHIEF OF POLICE

SUPERSEDES:

Thomas E. Bennett -;1'~ DATE:

Special Order 12-13 (SPD 3-39 Section III.E) SPD 3-39 Vehicle Pursuits

CONTENTS I. Purpose II. Policy III. Definitions IV. Justifications for Pursuit V. Jurisdictional Authority VI. Considerations for a Pursuit VII. Prohibitions VIII . Termination IX. Primary Officer Responsibilities X. Secondary Officer Responsibilities XI. Supervisor Responsibilities XII. Emergency Communications Operator Responsibilities XIII. Pursuit Vehicle Operation XIV. Roadblocks. XV. Pursuits Involving Other Jurisdictions XVI. Medical Assistance XVII. Pursuit Critique and Review XVIII. Analysis

June 6, 2013 January 11 , 2013

SPD 339: VEHICLE PURSUITS EFFECTIVE DATE 1/2/2015

I. Purpose

The purpose of this policy is to define the parameters of Depaliment-authorized automobile pursuits.

II. Policy

It shall be the policy of the Suffolk Police Department that all personnel operating Department vehicles shall exercise due regard for the safety of all persons. No task, call or incident justifies the disregard of public safety. All Department personnel who operate police vehicles will comply with safe driving procedures with particular attention to engaging in pursuits. (Refer to 46.2-920 of the Code of Virginia.)

III. Definitions

A. Authorized Emergency Vehicle: a Depaliment vehicle equipped with operable emergency equipment as designated by law.

B. Flagrantly Reckless Driving: For the purpose of this policy, flagrantly reckless driving includes, but is not limited to, the following:

1. Colliding with other vehicles.

2. Forcing other vehicles to take evasive action in order to avoid a collision.

3. Driving in excess of 20 miles per hour over the posted speed limit or in excess of 80 miles per hour regardless of the applicable speed limit.

C. PrimalY Unit: the police unit which initiated a pursuit or ally unit which assumes control of the pursuit.

D. Secondary Unit: the police vehicle which becomes involved as backup to the primary unit and follows the primary unit.

E. Vehicular Pursuit: ally attempt by an officer in an authorized emergency vehicle to apprehend a fleeing motor vehicle with emergency equipment activated, when the fleeing suspect is attempting to elude police. The determination of a pursuit shall be based upon the officer's articulable belief that the vehicle operator has exhibited an awareness that the officer is attempting to make a traffic stop. The attempt to elude may be detennined by factors including but not limited to:

1. Increase of Speed 2. Evasive Maneuvers 3. Disregard of traffic controls 4. Obvious recognition ofthe Officer behind the vehicle by the operator 5. It is the officers belief, based upon the above factors, that the driver is

attempting to elude

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F. Motor Vehicle: a motor vehicle, for the pUlposes of this policy, is a motorcycle, automobile, truck or bus. A bicycle or moped shall not be deemed a motor vehicle.

IV. Justifications for Pursuit

A. A vehicular pursuit may be initiated by an officer who has a reasonable belief, based on articulable facts, that the suspect:

I. Has committed a violent felony prior to the pursuit.

2. Is currently DUIIDUID based on observations pl10r to the pursuit.

3. Has committed a firearms offense prior to the pursuit.

4. Is operating the vehicle in a flagrantly reckless manner prior to the pursuit as observed by the officer and/or corroborated by other information.

B. Pursuits shall not be initiated for a violation of a city ordinance, a traffic violation, or a misdemeanor other than those identified in Section IV(A).

V. Jurisdictional Authority:

A. Jurisdictional authority involving the pursuit of fleeing suspects is dictated by Virginia Code Section 19.2-77, Escape, flight and pursuit; arrest anywhere in the Commonwealth, which states the following:

"Whenever a person in the custody of an officer shall escape or whenever a person shall flee from an officer attempting to arrest him, such officer, with or without a warrant, may pursue such person anywhere in the Commonwealth and, when actually in close pursuit, may arrest him wherever he is found. If the arrest is made in a county or city adjoining that from which the accused fled, or in any area of the Commonwealth within one mile of the boundary of the county or city from which he fled, the officer may forthwith return the accused before the proper official of the county or city from which he fled. If the arrest is made beyond the foregoing limits, the officer shall proceed according to the provisions of 19.2-76, and if such alTest is made without a warrant, the officer shall procure a warrant from the magistrate serving the county or city wherein the arrest was made, charging the accused with the offense committed in the county or city from which he fled."

B. A police officer may pursue a suspect into NOlih Carolina when the original charge is felonious. The officer may place this individual under arrest, but must take himlher to a magistrate of proper authority in NOlih Carolina. The officer may not bring this suspect back into the Commonwealth of Virginia until the suspect waives hislher right or a Governor grants extradition. The officer may not pursue the suspect into North Carolina on the basis of a misdemeanor charge and a subsequent felony eluding charge arising from the pursuit itself.

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VI. Considerations for a Pursuit [41.2.2(a)]

A. When a police officer begins pursuit of a fleeing vehicle, he or she must remember that citizens using public highways do not expect their travel to be interrupted by a high speed chase or to become involved in an accident as a consequence.

B. The decision to begin, responsibility for continuing, and the choice of method of pursuit rests primarily with the individual officer(s) involved. In deciding, the officer is faced with a dilemma because, although the law does not prevent the officer from using emergency speeds while engaged in pursuit, it does hold the officer criminally and civilly responsible. Therefore, officers must exercise sound judgment and carefully consider the seriousness of the offense, the possible consequences, and the safety of citizens. Such considerations shall include:

1. What is the possibility of apprehension?

2. Will the pursuit take place on residential sh'eets, a business district, or on IUral roads?

3. Street and traffic conditions, to include pedestrian traffic.

4. The weather conditions.

5. Road conditions and lighting (visibility.)

6. Balancing the pursuit's danger to the public against allowing the suspect to escape.

VII. Prohibitions

A. Officers shall not operate a vehicle at a rate of speed that may cause loss of control. The Department expects an officer to end the pursuit whenever the risks to his or her own safety, or to the safety of others, outweighs the danger to the community if the suspect is not apprehended.

B. Officers shall not intentionally ram, bump, collide with a fleeing vehicle nor shall officers pull alongside such vehicles in an attempt to force them off the road or into an obstacle.

[41.2.3]

C. The use of firearms in an attempt to stop or disable fleeing vehicles is not permitted.

D. There will be no attempt to pass another police unit involved in a pursuit unless the passed unit is aware of the maneuver and is handing over the pursuit to the passing vehicle.

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E. There shall be no units paralleling the pursuit route unless authorized by a supervisor. Paralleling the pursuit occurs when an officer operates his vehicle as an emergency vehicle on a route that parallels the pursuit.

F. Officers, when accompanied by civilian passengers, shall not engage in pursuits.

G. In case of pursuit, should the violator enter a one-way street against the flow of traffic, or drive down the wrong side of a major highway, the pursuing officer shall not follow the violator but instead transmit via radio detailed observations about the suspect vehicle's location, speed and direction of travel. Units in the likely path of a pursuit shall attempt to wam other motorists, and prevent traffic from proceeding into the potentially affected area when possible.

H. Officers shall not use lighting equipment (spot lights, flashlights, etc) to attempt to blind the driver of a pursued vehicle while the vehicle is in motion.

I. Civilian personnel, Traffic Assistance Officers and Parking Enforcement Officers are prohibited from engaging in pursuits.

VIII. Termination [41.2.2(g) I

A. A supervisor may direct that the pursuit be terminated. If the pursuing officer receives such an order to discontinue the pursuit he or she shall do so immediately and acknowledge the order.

B. Pursuits shall be terminated in the following situations:

1. Any pursuit that violates previously described sections of this policy.

2. When the evaluation of legal, procedural, and enviromnental factors preclude a pursuit, including but not limited to the consideration of the totality of circumstances and the creation of unreasonable hazards (e.g., a traffic violation occurs in a school zone during the time school is dismissing, and excessive speeds or evasive tactics are used.).

3. Situations in which the officer knows or reasonably should have known that the potential halID to persons and propelty arising from the pursuit outweighs the potential harm threatened by the escaping offender.

4. Situations in which there is malfunction of police equipment or the police vehicle (e.g., blue lights go out, siren fails, brake problems, radio equipment failure/loss of communication, etc.).

5. Situations in which the offender is identified, and the failure to apprehend the offender during the pursuit poses no immediate threat of death or serious injury to another person.

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IX.

X.

6. The distance between the pursuing officer and the violator is so great that further pursuit is futile.

7. The officer loses visual contact with the violator for an extended period of time.

Primary Officer Responsibilities [41.2.1(b))

A. The officer's primary responsibility in a pursuit is the safe operation of the authorized emergency vehicle.

B. The primary officer shall notify the Emergency Communications Center of the following, ifknown:

1. The reason for the pursuit;

2. License number and description of the vehicle;

3. Number of suspects in vehicle;

4. Location and direction of travel;

5. Speed ofthe pursuit; and

6. Any other pertinent information.

C. The primary officer shall continuously update Communications via radio of the above conditions. The primary officer shall be responsible for all radio traffic until a secondary unit arrives and joins the pursuit.

D. The primary officer shall ensure that the in-car camera system, if installed, is activated at the time of the pursuit.

Secondary Officer Responsibilities [41.2.2( c))

A. Secondary Officers

1. When a second officer enters the pursuit, that officer shall take over use of the radio in broadcasting information on the pursuit as well as assist the primary officer in making the arrest.

2. The secondary officer shall replace the primary officer in the event that the primary officer is unable to continue the pursuit.

3. When two vehicles are involved in a pursuit, each unit shall maintain a safe distance especially when passing through intersections.

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XI.

4. The secondary officer shall ensure that hislher in-car camera system, if installed, is activated at the time that he/she joins the pursuit.

B. Other Officers

1. Other police vehicles shall not Jom m the pursuit unless authorized by a supervisor.

2. Additional units may participate, but only under orders from the patrol supervisor on duty. Based upon the seriousness of the suspected crime of the vehicle's occupants (i.e. murder, robbery) and the number of occupants within the vehicle, the on-duty supervisor may permit additional units to engage in the pursuit.

3. Patrol units in a zone adjacent to a pursuit, or in the most likely path of the pursuit should:

a. Position themselves, within their zone, so as to locate the violator should the pursuing unit lose sight of the vehicle being pursued.

b. Move into a position to assist with the apprehension should it take place within the zone.

c. Place themselves in a strategic position, without blocking the roadway, in order to warn the public and attempt to slow the fleeing vehicle.

d. Not join the pursuit unless they will assume the role of primary or secondary pursuing unit, unless othelwise directed by a supervisor.

e. Officers shall accomplish a-d (above) without acting as emergency vehicles (without lights and siren and in accordance with traffic laws). Officers must understand the distinction between changing location to assist and paralleling the pursuit, which is prohibited.

4. Every additional officer shall ensure the activation of his or her in-car camera system recording mechanism, if one has been installed.

Supervisor Responsibilities [41.2.2(e)]

A. The initiating officer's duty supervisor shall monitor the pursuit and respond to the scene of termination ifthe pursuit is tenninated by collision or surrender.

B. The supervisor shall end the pursuit at any time they feel circumstances warrant.

C. Only a supervisor shall approve the use of a roadblock when appropriate.

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XII. Emergency Communications Operator Responsibilities [41.2.2(f)]

The Emergency Communications Operator shall:

A. Advise all other units of the pursuit and the information given by the pursuing officer.

B. Assist in directing back-up units to strategic locations.

C. Order the police radio cleared of all but emergency traffic.

D. Alert all other nearby law enforcement agencies of the pursuit and information given by the pursuing officers when continuing beyond the city limits.

E. Query DMV, VCIN, and NCIC for license data and any outstanding warrants.

F. Obtain all other information available based on the information given.

G. Transmit any known infOlmation to the officers involved in the pursuit (including but not limited to changing road conditions, road closures, etc.)

H. Communicate all pertinent information to other jurisdictions, when necessary.

XIII. Pursuit Vehicle Operation

A. All authorized emergency vehicles involved in any pursuit must have their emergency lights and siren activated during the pursuit.

B. Intersections

Intersections are a particular source of danger. Any officer, when approaching an intersection where signal lights or stop signs control the flow of traffic, shall:

1. Decelerate and be prepared to apply brakes;

2. Sufficiently reduce hislher speed (including coming to a complete stop when necessary) when entering an intersection without the right of way;

3. Enter the intersection only when safe, when all other vehicles are aware of the officer's presence, and at a reduced speed; and

4. Resume pursuit speed only when safe. When using emergency lights, siren, and headlamps, the officer is requesting the right of way and DOES NOT ABSOLUTEL Y HAVE the right to run a red traffic light or stop sign.

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C. Unmarked Vehicles and Motorcycles [41.1.3(a),41.2.2(d)]

A pursuit initiated by a police motorcycle, unmarked vehicle, Department SUV or K9 unit shall be abandoned when a marked police vehicle can take the primary position and a second marked police vehicle assumes the secondary position. The motorcycle, unmarked vehicle, Department SUV or K9 vehicle may then proceed, at a normal pace, to the termination point to assist if needed.

D. Off-Road Pursuits

Whenever the pursuit extends off roadway, as when the fleeing vehicle leaves the roadway and proceeds cross-country, the pursuing officer(s) must carefully consider whether or not the seriousness of the offense outweighs the risk to his or her safety and the potential damage to the police vehicle or private property. When the risks of the pursuit exceed the need to capture the offender, the officer shall discontinue the pursuit.

XIV. Roadblocks [41.2.3]

A. A decision to erect a roadblock is a decision to use deadly force. The stationary barricading of roadways may only be used as a last resOit in felony cases where the violator constitutes an immediate and continuing major threat to the safety of the public and officers and all other apprehension efforts have failed. Under no circumstances will a roadway be barricaded by occupied vehicles or vehicles belonging to private citizens.

[41.2.3(a)]

B. The decision to erect a roadblock shall only be made by a supervisor. [ 41.2.3(d)]

C. A roadblock must be clearly visible at a distance sufficient to enable the approaching vehicles to stop safely. The officer in charge of the roadblock shall notify the Emergency Communications Operator of its precise location.

[41.2.3(b)]

D. Each use of a roadblock shall be documented in a use of force report and critique. [ 41.2.3(e)]

E. Stationary barricading of roadways will only be conducted by officers who are trained in this procedure. [41.2.3(c)]

F. If a roadblock is established, officers must:

1. Allow the suspect vehicle reasonable stopping distance.

2. Not place themselves in the roadblock in line with the oncoming suspect vehicle.

3. Take those necessary precautions to reasonably ensure the safety of non-involved pedestrians and motorists.

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4. Ensure that no vehicle used in the roadblock will be occupied.

5. Not make use of police lighting equipment ie. flashlights, spotlights, alley lights and take down lighting to blind or otherwise obstruct the vision of the offender until the vehicle has stopped.

XV. Pursuits Involving Other Jurisdictions [41.2.2(h)]

A. The actions of officers involved in pursuits within other jurisdictions are governed by Department policy, state law and any mutual aid agreements in effect. If a pursuit should continue into another state, officers shall comply with the laws of both states, as well as any mutual aid agreements. All pursuits entering another jurisdiction require immediate notification of that jurisdiction.

B. When other agencies pursue vehicles into the City of Suffolk, the following shall govern the Department's involvement:

I. It shall be the emergency communications operator's responsibility to asceliain sufficient information regarding the pursuit to include the information that would be submitted had the pursuit occurred in our jurisdiction. The emergency communications operator shall immediately relay all information obtained to the duty supervisor. For further, see policy entitled Communications.

2. Department officers will not assist in an active pursuit unless requested by the pursuing agency and such assistance is approved by the duty supervisor. The supervisor's decision to assist and continue in the pursuit shall be based on criterion set forth in this policy and procedure. If another jurisdiction's pursuit is not permitted by Department policy, our Department will not participate in the pursuit. If the duty supervisor disapproves involvement in a pursuit from another jurisdiction, the duty supervisor shall exercise one of the following options:

a. Inform the initiating and/or pursuing jurisdiction/s that the pursuit does not meet Department guidelines. The involved agency/agencies may continue the pursuit under these circumstances, and Department personnel shall assist in traffic control as necessary to ensure the safety of persons within the city.

b. Highly recommend to the initiating and/or pursuing jurisdictions that the pursuit be tenninated based on the supervisor's knowledge of the area and the danger to persons within the city.

C. At no time will more than two Department units become actively engaged in a pursuit from another jurisdiction.

D. When Department pursuits leave our own jurisdiction and enter other jurisdictions the following will apply:

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I. The primary officer will advise Communications that the pursuit is leaving the jurisdiction.

2. The supervisor will evaluate the entire incident and make the decision to let the pursuit continue or terminate it.

3. Communications will notify the involved jurisdiction, providing the following information:

a. Suspect vehicle description, license plate etc.;

b. Charges on the violators;

c. Number of occupants and their descriptions if available;

d. Any known information on the suspects involved in the pursuit;

e. The number of police cars involved in the pursuit and any other jurisdictions involved;

f. Speed of the pursuit;

g. Likely location of entry into the jurisdiction, direction of travel and estimated time of arrival;

h. Any known weapons involved

1. Any other pertinent information

J. See SPD 3-33: Communications for further information.

4. No more than two Department units shall enter another jurisdiction while engaged in the same pursuit.

5. When two marked units from another agency join the pursuit, the Department's primary unit shall continue with the pursuit with the units from the other jurisdiction. The primary unit will make itself available to the apprehending jurisdiction, for the purpose of investigating the origin of the pursuit.

6. If the agency with jurisdictional authority does not join the pursuit, Department units may continue the pursuit, but only after receiving approval from the duty supervisor. If the agency with jurisdictional authority recOlmnends discontinuation of the pursuit in their locality, the duty supervisor shall direct officers to telminate the pursuit.

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XVI. Medical Assistance [1.3.5]

In the event that any person is injured during the course of the pursuit, the involved officer(s) shall immediately provide, or make arrangements for providing, medical care. The care for human life will exceed the capture of a fleeing suspect in the vast majority of situations. If the pursuit must be continued to prevent additional deaths or injuries, the pursuing officer(s) must make arrangements via radio to provide the victim(s) alternate care.

XVII. Pursuit Critique and Review [41.2.2(i)]

A. Following termination of any pursuit, to include pursuits involving other jurisdictions, all involved Department members shall cooperate fully in all post-incident evaluations, critiques, or investigations.

B. The patrol duty supervisor(s) will begin a review of each pursuit occuning on their shift, as soon as is practical following the incident. This shall include:

1. Collecting comprehensive statements from all Department personnel involved.

2. Request for audio dispatching recordings.

3. In-car camera video from all Department personnel involved.

4. Photographs of any collisions/property damage that occurred.

5. Compilations of any other existing evidence and data related to the incident.

6. Completion of the Pursuit Report Module in the PISTOL Records Management System.

C. The patrol duty supervisor will examine the information gathered and make a determination as to whether or not Departmental policy and procedure was followed and provide to the Division Commander a summary repOli with critique and recommendations for action.

D. The repoli shall be forwarded to the appropriate Division COlmnander for review and if violations of Departmental policy and procedure are noted the allegation will be forwarded for investigation to the proper Departmental personnel.

E. The patrol duty supervisor (at the time of the pursuit) will provide a constructive critique of the incident to the personnel involved, including Communications personnel as necessary, as soon as possible following the pursuit event.

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XVIII. Analysis [41.2.2(j)]

The Department shall annually compile all pursuit reports and analyze them for evaluation purposes. The pursuit information shall be made available to all personnel in the Department's Annual Report. The evaluation shall include recommendations on increased training, supervision, tactic modification or other recommendations as necessary to respond to any problems or issues uncovered in the annual pursuit analysis.

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