Questionable Vehicle Pursuit Policy; HELP

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10/5/2007 3:45 AM
hjohnson View hjohnson's profile Find recent posts by hjohnson Find recent threads started by hjohnson Send private message to hjohnson Join Date: Oct 2007 Posts: 2	Questionable Vehicle Pursuit Policy; HELP Questionable Vehicle Pursuit Policy; HELP I am looking for comments, but most importantly documented arguments that address an unusual situation. There is a law enforcement agency that engages in enforcing the drug laws of the state that includes a proactive undercover and surveillance capacity. Additionally, this agency investigates other criminal activity with powers of arrest and they carry firearms; but are not permitted to utilize lights and sirens in the course of operation; the State Police (having jurisdiction in this matter) will not authorize the agency use of lights and sirens.To me, this is a safety issue (assisting emergency situations if an operation goes bad) and a pursuit issue. Officers covering a particular situation have experienced difficulty getting through traffic when an emergency is presented. What if an undercover Officer or CI gets snatched up? During a child predicator undercover sting (usually conducted in a public place); what if a real child gets snatched? In reading the policy below, how can you effectively operate an undercover operation using marked units and have these units respond in an expeditious manner to cover the operation safely? Below is the agency pursuit policy; your comments please. PURPOSE The purpose of this directive is to outline what situations Officers may participate in vehicle pursuits. DEFINITIONS MOTOR VEHICLE PURSUIT: An active attempt by a law enforcement officer operating a motor vehicle to apprehend a suspect in a moving vehicle who refuses voluntarily to comply with a Law enforcement officer's visual or audible signal to stop. POLICY It is the position of the Office not to engage in vehicle pursuits. Furthermore, Office vehicles that are operated by assigned Officers are not authorized by state law as emergency vehicles and therefore are not legally permitted to engage in vehicle pursuits, PROCEDURE Officers planning to arrest a suspect(s) in a vehicle as part of an enforcement action will attempt to have a uniformed police officer(s) with a marked police vehicle(s) equipped with a portable radio (we all use different frequencies) and available to provide support for the planned operation in the immediate area in the event a vehicle stop may be required. When officers are confronted with a situation that necessitates a pursuit of a vehicle, the marked car referred to in paragraph "A" of this section will initiate any vehicle pursuit in accordance with their department's pursuit policy. In addition, local. and/or State Police will be notified of the situation and provided with the description of the subject vehicle, registration, occupants and the last known location and direction. Office assigned vehicles will not become engaged in vehicle pursuits. They may follow and attempt to maintain visual contact and act only as support until a vehicle pursuit has ended. If the Officers elect to follow the subject car, they will operate official vehicles at all times in a safe and prudent manner obeying all laws pertaining thereto in this state or any other state of the United States. Officers will comply with state regulations and office policy, directives, rules and regulations regarding the authorized use, proper maintenance, and reporting of any damage and/or accident involving an official vehicle. REPORTING PROCEDURES Any Officer involved in an operation in which a vehicle pursuit is initiated by a participating marked vehicle will notify their immediate supervisor and are required to submit a written report through the chain of command to their respective Deputy Chief outlining the reasons for, and the outcome of, the pursuit. --------------- Additionally, please forward comment to: motodavidson@gmail.com THANK YOU Last edited @ 10/5/2007 3:48 AM

10/5/2007 3:45 AM

hjohnson

Join Date: Oct 2007
Posts: 2

Questionable Vehicle Pursuit Policy; HELP

I am looking for comments, but most importantly documented arguments that address an unusual situation.

There is a law enforcement agency that engages in enforcing the drug laws of the state that includes a proactive undercover and surveillance capacity. Additionally, this agency investigates other criminal activity with powers of arrest and they carry firearms; but are not permitted to utilize lights and sirens in the course of operation; the State Police (having jurisdiction in this matter) will not authorize the agency use of lights and sirens.To me, this is a safety issue (assisting emergency situations if an operation goes bad) and a pursuit issue. Officers covering a particular situation have experienced difficulty getting through traffic when an emergency is presented. What if an undercover Officer or CI gets snatched up? During a child predicator undercover sting (usually conducted in a public place); what if a real child gets snatched? In reading the policy below, how can you effectively operate an undercover operation using marked units and have these units respond in an expeditious manner to cover the operation safely? Below is the agency pursuit policy; your comments please.

PURPOSE

The purpose of this directive is to outline what situations Officers may participate in vehicle pursuits.

DEFINITIONS

MOTOR VEHICLE PURSUIT: An active attempt by a law enforcement officer operating a motor vehicle to apprehend a suspect in a moving vehicle who refuses voluntarily to comply with a Law enforcement officer's visual or audible signal to stop.

POLICY

It is the position of the Office not to engage in vehicle pursuits. Furthermore, Office vehicles that are operated by assigned Officers are not authorized by state law as emergency vehicles and therefore are not legally permitted to engage in vehicle pursuits,

PROCEDURE

Officers planning to arrest a suspect(s) in a vehicle as part of an enforcement action will attempt to have a uniformed police officer(s) with a marked police vehicle(s) equipped with a portable radio (we all use different frequencies) and available to provide support for the planned operation in the immediate area in the event a vehicle stop may be required.

When officers are confronted with a situation that necessitates a pursuit of a vehicle, the marked car referred to in paragraph "A" of this section will initiate any vehicle pursuit in accordance with their department's pursuit policy. In addition, local. and/or State Police will be notified of the situation and provided with the description of the subject vehicle, registration, occupants and the last known location and direction.

Office assigned vehicles will not become engaged in vehicle pursuits. They may follow and attempt to maintain visual contact and act only as support until a vehicle pursuit has ended. If the Officers elect to follow the subject car, they will operate official vehicles at all times in a safe and prudent manner obeying all laws pertaining thereto in this state or any other state of the United States.

Officers will comply with state regulations and office policy, directives, rules and regulations regarding the authorized use, proper maintenance, and reporting of any damage and/or accident involving an official vehicle.

REPORTING PROCEDURES

Any Officer involved in an operation in which a vehicle pursuit is initiated by a participating marked vehicle will notify their immediate supervisor and are required to submit a written report through the chain of command to their respective Deputy Chief outlining the reasons for, and the outcome of, the pursuit.

---------------

Additionally, please forward comment to: motodavidson@gmail.com

THANK YOU

Last edited @ 10/5/2007 3:48 AM

REPLY 1 - 2 of 2

10/5/2007 7:18 PM	#1
Steve Rothstein View Steve Rothstein's profile Find recent posts by Steve Rothstein Find recent threads started by Steve Rothstein Send private message to Steve Rothstein Join Date: May 2007 Posts: 379	RE: Questionable Vehicle Pursuit Policy; HELP HJohnson, I am not sure there is any help for you in this case. Many departments are looking at limiting or eliminating pursuits. It is certainly within the agency's authority to tell its officers where and how to work. We may not like the policy, but it is their choice. I know of very few departments that will allow unmarked cars to get into pursuits at all, and none that would allow a car with no lights or emergency equipment at all. Now, to give you some good news and arguments you can use. The best agrument for allowing some chases is the public safety threat you mention. You can also point out that the SCOTUS has ruled that if the cops behavior is reasonable, the officer and the department are not liable for the damages if the bad guy has an accident. I am most familiar with the last case decided, where the kid who ran was paralyzed as a result of the accident. The cop's dash cam showed how he had been driving and was credited with convincing the court to tell him to bug off. If you can at least get the red lights/siren installed, you might be able to use that argument. Second, is to check the state law where you are. I don't know about your state, but in Texas, the law is very specific about what is an emergency vehicle. Any emergency vehicle can have the red lights. We do not have to get authority from a state police department to have the equipment. Does your state laws give the permission or does it specifically say with the authority of the state police (I know some are written that way)? The last is a trick you might be able to use on the laws of unintended consequences. In Texas, the Code of Criminal Procedure lays an affirmative duty on officers to interfere in crimes in the presence or view and try to arrest the offender, if they are in their jurisdiction. When I was on the San Antonio PD, they were limiting chases if they could. One officer was chasing a suspected stolen car when a sergeant ordered him to drop the chase. He killed the emergency equipment but followed the car until he could make the arrest. The Department tried to suspend him for not obeying the sergeant's order to drop the chase. The arbitrator ruled that the CCP duty to intervene overruled the departmental policy and he won. I normally do not recommend trying to be test cases on things like this, but if there is a similar duty in your state laws, you might be able to use this type of logic in an argument to get some emergency equipment and a very limited chase policy. Take it in small steps and you will eventually win. If you try to get a chase them for anything until they die or surrender policy, you will lose.

10/5/2007 7:18 PM

Steve Rothstein

Join Date: May 2007
Posts: 379

RE: Questionable Vehicle Pursuit Policy; HELP

HJohnson,

I am not sure there is any help for you in this case. Many departments are looking at limiting or eliminating pursuits. It is certainly within the agency's authority to tell its officers where and how to work. We may not like the policy, but it is their choice. I know of very few departments that will allow unmarked cars to get into pursuits at all, and none that would allow a car with no lights or emergency equipment at all.

Now, to give you some good news and arguments you can use. The best agrument for allowing some chases is the public safety threat you mention. You can also point out that the SCOTUS has ruled that if the cops behavior is reasonable, the officer and the department are not liable for the damages if the bad guy has an accident. I am most familiar with the last case decided, where the kid who ran was paralyzed as a result of the accident. The cop's dash cam showed how he had been driving and was credited with convincing the court to tell him to bug off. If you can at least get the red lights/siren installed, you might be able to use that argument.

Second, is to check the state law where you are. I don't know about your state, but in Texas, the law is very specific about what is an emergency vehicle. Any emergency vehicle can have the red lights. We do not have to get authority from a state police department to have the equipment. Does your state laws give the permission or does it specifically say with the authority of the state police (I know some are written that way)?

The last is a trick you might be able to use on the laws of unintended consequences. In Texas, the Code of Criminal Procedure lays an affirmative duty on officers to interfere in crimes in the presence or view and try to arrest the offender, if they are in their jurisdiction. When I was on the San Antonio PD, they were limiting chases if they could. One officer was chasing a suspected stolen car when a sergeant ordered him to drop the chase. He killed the emergency equipment but followed the car until he could make the arrest. The Department tried to suspend him for not obeying the sergeant's order to drop the chase. The arbitrator ruled that the CCP duty to intervene overruled the departmental policy and he won.

I normally do not recommend trying to be test cases on things like this, but if there is a similar duty in your state laws, you might be able to use this type of logic in an argument to get some emergency equipment and a very limited chase policy.

Take it in small steps and you will eventually win. If you try to get a chase them for anything until they die or surrender policy, you will lose.

10/5/2007 9:25 PM	#2
hjohnson View hjohnson's profile Find recent posts by hjohnson Find recent threads started by hjohnson Send private message to hjohnson Join Date: Oct 2007 Posts: 2	You make sense Thanks Steve. I appreciate and understand your logic

10/5/2007 9:25 PM