Re: Pursuit vs Failure to Yield

The answer to your question will depend on the local laws and agency policies, in addition to the officer's individual discretion.

On a personal note, and not binding on anyone else, I generally do not call it a pursuit until I see some sign that the driver knows I am behind them and is not pulling over. If I just hit the lights, I almost never call it a pursuit until the siren is on because I know how hard it can be to see the lights sometimes. Of course, if he hits the gas as I turn on the lights or turn around to get behind him, then it is a pursuit immediately.

In Texas, I can charge a suspect with either eluding arrest or evading arrest. Evading is in the Penal Code and includes people who run on foot. The elements of the offense are the person flees from a cop he knows is trying to arrest him. I do not have to actually even chase, as long as he runs. It is upgraded to a felony if he is in a vehicle (not necessarily motorized) or if someone gets hurt as a result.

Eluding is in the Transportation Code and requires the person to be in a motor vehicle. The elements of the offense include being in a motor vehicle and willfully refuses to pull over or flees from a police officer. Again, the officer does not have to chase the offender to file the charge.

Local agencies may define pursuits in various ways and your local D.A. might require that there be some chase to file the charge. The strictest interpretation of Texas law does not require this though.