41.2

VEHICULAR PURSUIT

This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third party claims.

 

41.2.1 Business Necessity

In carrying out our duties as police officers it may be necessary to have a vehicular pursuit to apprehend fleeing suspects. It is the responsibility of the department to assist officers in the safe performance of their duties. To effect these obligations, it shall be the policy of the department to narrowly regulate the manner in which vehicular pursuits are undertaken and performed.

 

41.2.2 Definitions

Vehicular Pursuit: An active attempt by an officer in an authorized public safety vehicle to apprehend fleeing suspects who are attempting to avoid apprehension.

Public Safety Vehicle: Motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the state. (ORC 4511.01 (E)(2)

Reasonable Belief: The facts or circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances.

41.2.3 Policy

It is the policy of this department to protect all persons' lives to the extent possible when enforcing the law by providing officers with guidelines to be followed during vehicular pursuits.

 

41.2.4 Procedure

41.2.4.1 Initiation of Pursuit

The decision to initiate pursuit must be based on the pursuing officer's reasonable belief that the immediate danger to the public created by the pursuit is less than the immediate or potential danger to the public, the suspect, or the officer should the suspect remain at large.

 

Any law enforcement officer in an authorized public safety vehicle may initiate a vehicular pursuit when ALL of the following criteria are met:

(a) The suspect exhibits the intention to avoid arrest by using a vehicle to flee apprehension for an alleged felony or misdemeanor that would normally require a full custody arrest, i.e., DUI;

(b) The suspect operating the vehicle refuses to stop at the direction of the officer; and

(c) The suspect, if allowed to flee, would present a danger to human life or cause serious injury.

 

The pursuing officer shall consider the following factors in determining whether to initiate pursuit:

(a) The performance capabilities of the pursuit vehicle and the officer;

(b) The condition of the road surface upon which the pursuit is being conducted;

(c) The amount of vehicular and pedestrian traffic in the area; and

(d) Weather conditions.

 

41.2.4.2 Pursuit Officer Responsibilities

The pursuing officer shall immediately notify the dispatcher that a pursuit is underway. The officer shall provide the dispatchers with the following information:

(a) Unit identification;

(b) Location, speed and direction of travel of the fleeing vehicle;

(c) Description and license plate number, if known, of the fleeing vehicle;

(d) Number of occupants in the fleeing vehicle, and descriptions, where possible; and

(e) Reasons supporting the decision to pursue.

 

Failure to provide this information to the dispatcher may result in an immediate decision by the shift supervisor to order its termination.

 

The primary pursuit unit shall reduce the level of pursuit to that of support or backup unit where:

(a) The fleeing vehicle comes under the surveillance of an air unit; or

(b) Another vehicle has been assigned primary pursuit responsibility.

 

Any primary or backup unit sustaining damage to, or failure of essential vehicular equipment during pursuit shall not be permitted to continue in the pursuit. The unit shall notify the dispatcher that the unit is breaking off of the pursuit.

 

41.2.4.3 Dispatching Center Responsibilities

Upon notification that a pursuit is in progress, the dispatcher shall immediately, notify if necessary, the shift supervisor and advise him of essential information regarding the pursuit.

 

The dispatcher shall carry out the following activities and responsibilities during the pursuit:

(a) Receive and record all incoming information on the pursuit and the pursued vehicle;

(b) Control all radio communications; clear the radio channels of all non-emergency calls and determine radio frequency used for communications.

(c) Vehicle checks, cross checks, warrant checks and as time permits criminal history checks;

(d) Coordinate and dispatch backup assistance and air support units under the direction of the shift supervisor, and

(e) Notify neighboring jurisdiction, where practical, when pursuit may extend into their locality.

 

41.2.4.4 Shift Supervisor's Responsibilities During Vehicular Pursuit

Upon notification that a vehicular pursuit incident is in progress, the shift supervisor shall assume responsibility for the monitoring and control of the pursuit as it progresses.

 

The shift supervisor shall continuously review the incoming data to determine whether the pursuit should be continued or terminated.

 

In controlling the pursuit incident, the shift supervisor shall be responsible for coordination of the pursuit as follows:

(a) Directing pursuit vehicles or air support units into or out of the pursuit;

(b) Re-designation of primary, support or other backup vehicle responsibilities;

(c) Approval or disapproval, and coordination of pursuit tactics; and

(d) Approval or disapproval to leave jurisdictions to continue pursuit.

 

The shift supervisor may approve and assign additional backup vehicles or air support units to assist the primary and backup pursuit vehicles based on an analysis of:

(a) The nature of the offense for which pursuit was initiated;

(b) The number of suspects and any known propensity for violence;

(c) The number of officers in the pursuit vehicles;

(d) Any damage or injuries to the assigned primary and backup vehicle or officers;

(e) The number of officers necessary to make an arrest at the conclusion of the pursuit; and

(f) Any other clear and articulable facts that would warrant the increased hazards caused by numerous pursuit vehicles.

 

41.2.4.5 Traffic Regulations During Pursuit

Each unit authorized to engage in vehicular pursuit shall be required to activate light bar, siren, and headlight flasher prior to beginning pursuit.

 

Officers engaged in pursuit shall at all times drive in a manner exercising due regard for the safety of themselves and all other persons and property within the pursuit area.

 

Where authorized by law officers are permitted to suspend conformance with normal traffic regulations during pursuit as long as reasonable care is used when driving in a manner not otherwise permitted, and the maneuver is reasonably necessary to gain control of the suspect. (SEE ORC 4511.03 & 4511.24)

 

 

41.2.4.6 Pursuit Tactics

Unless expressly authorized by a shift supervisor, pursuit shall be limited to the assigned primary and back up vehicles. Officers are not otherwise permitted to join the pursuit team, or follow the pursuit on parallel streets.

 

Officers may not intentionally use their vehicle to bump or ram the suspect's vehicle in order to force the vehicle to a stop off the road or in a ditch.

 

Departmental policy pertaining to use of deadly force shall be adhered to during the pursuit. (see 1.3)

 

41.2.4.7 Termination of Pursuit

A decision to terminate pursuit may be the most rational means of preserving the lives and property of both the public, and the officers and suspects engaged in pursuit. Pursuit may be terminated by the pursuing officer, the shift supervisor or Chief of Police.

 

Pursuit shall be immediately terminated in any of the following circumstances:

(a) Weather or traffic conditions substantially increase the danger of pursuit beyond the worth of apprehending the suspect.

(b) The distance between the pursuit and fleeing vehicles is so great that further pursuit is futile; or

(c) The danger posed by continued pursuit to the public, the officers or the suspect is greater than the value of apprehending the suspect(s)

 

The pursuing officer shall relay this information to the dispatchers along with any further information acquired which may assist in an arrest at a later date.

 

41.2.4.8 Inter jurisdictional Pursuits

The pursuing officer shall notify the dispatchers when it is likely that a pursuit will continue into a neighboring jurisdiction, or across the state line.

 

Pursuits that are initiated outside the departments jurisdiction and enters this jurisdiction shall be conducted in conformance with this written directive. Supervisors can authorize back-up to another jurisdiction in pursuit only when the circumstances of the pursuit is in compliance with this written directive.

 

41.2.4.9 Departmental Response

Administrative review of pursuits.

(a) All reported pursuits will be reviewed by the DDT to determine whether:

(1) Departmental rules, policy or procedures were violated;

(2) The relevant policy was clearly understandable and effective to cover the situation;

(3) Department training is currently adequate.

(b) All findings of policy violations or training inadequacies shall be reported to the Chief of Police for appropriate action.

(d) There will be a regular review of pursuits by the DDT to ascertain training and policy needs.

(e) An annual summary report of pursuits will be published in the department's year end report and made available to the public upon request.