HomeMy WebLinkAbout1995-04-18; City Council; 13117; APPROVAL OF POLICE VEHICULAR PURSUIT POLICY- .
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,F ,‘ CIT~F CARLSBAD - AGEN~BILL /
AB # 13,117 TITLE: DEI
MTG. q-/p-9J APPROVAL OF POLICE VEHICULAR CIT
CIT DEPT.
RECOMMENDED ACTION:
POL PURSUIT POLICY
Adopt Resolution No. 45- lot
repealing Resolution No. 92-280.
ITEM EXPLANATION
California Vehicle Code Section 17004.7 provides immunity to a public agenl
employing peace officers from liability for civil damages for personal injury to or dea
of any person, or damage to property, resulting from the collision of a vehicle bei
operated by an actual or suspected violator of the law who is pursued by a pea
officer in a motor vehicle when the public agency adopts a written policy on vehicul
pursuits contain i ng certain mini mum require me nts.
The policy recommended for adoption by the Council supersedes and repeals the 01
adopted by Council on September 8, 1992 by Resolution No. 92-280. It
substantially similar to that former policy, and contains all the mandatory elemer
required by California Vehicle Code Section 17004.7: 1) supervisory control
pursuits; 2) procedures for designating a primary pursuit vehicle and for determinii
the total number of vehicles permitted to participate in the pursuit; 3) procedures 1
coordinating operations with other jurisdictions; and 4) guidelines for determinii
pursuit and when a vehicular pursuit should not be initiated or should be terminated.
The new proposed policy is the product of a collaborative effort by the San Die!
Police Chiefs’ and Sheriff’s Association, which formally adopted it as a county-wk
pursuit policy on November 2, 1994.
Since it meets the operational needs of the Police Department, the Police Chi
recommends that the Council adopt the new policy. The City Attorney a1
recommends that the Council adopt the policy since it provides a firm legal basis f
the assertion of immunity by the City as authorized by California Vehicle Code Sectic
17004.7.
FISCAL IMPACT
approving a police vehicular pursuit policy a
when the interests of public safety and effective law enforcement justify a vehicul
The adoption of this resolution could shield the City from liability for damages in E
unknown, but potentially significant, amount.
EXHIBITS
Resolution No. 9 5 - /O %
Policy Department Directive 4.5.
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RESOLUTION NO. -
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A R~SOLUTION OF THE CITY COUNCIL OF THE Clq OF CARLSBAD, CALIFORNIA, APPROVING
A POLICE VEHICULAR PURSUIT POLICY.
WHEREAS, it is the intent of the City to provide guidance to
police officers iti the event of a vehicular pursuit so that safe,
responsible and justifiable actions will result in the safe conduc
vehicular pursui s by its peace officers; and t WHEREAS, it is the intent of the City to adopt a policy that
complies with nd fulfills the requirements of California Vehicle
Code Section 17004.7, or any successor statute providing civil
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immunity from liability arising out of police pursuits: and
WHEREA4, the Police Department has recommended the
adoption of a departmental directive containing a policy for the s
conduct of vehicular pursuits.
City of Carlsbad, California, as follows:
NOW, THE~REFORE, BE IT RESOLVED by the City Council of the
1. That1 the above recitations are true and correct.
2. That1 the Carlsbad Police Department Directive 4.5
I attached as “Expibit A” is hereby adopted as the Vehicular Pursu I
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’ Policy of the City of Carlsbad.
3. Thati City Council Resolution No. 92-280 is hereby
repealed.
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WHEREAS, PASSED, APPROVED AND ADOPTED at a regular
meeting of the qarlsbad City Council held on the 18th day of APRIl
1995, by the following vote, to wit: 1
AYES:
NOES: Nobe
ABSENT: hone
Co~ ncil Members Lewis, Nygaard, Kulchin, Finnila, Hall U
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CLAUDE A. LEWIS, Mayor
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ATTEST:
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ALETHA L. RAUIENKRANZ, City Clerk
(Seal) 1
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DIRECTIVE
DISSEMINATION:
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I. POLICY STATEMENT
The purpose of this p 1 licy is to provide police officers specific guideline
with the highest consideration for public S~ and in keeping with Cqifornia Vehicle Code Section 17004.7(~.
A.
conducting vehicular piursuits 4
II. BACKGROUND I
A police vehicle pursuit exposes the public, officers, and fleeing viol: to the potential risk of death, serious injury, or damage to pers property. Officeris may be subject to administrative action for neglj emergency vehicle operation and the City may be found liable in actions. If the eqnergency vehicle operation rises to the level of crin
negligence, an offcer may be subject to criminal prosecution.
When engaged in( a pursuit, officers should weigh the seriousness of violator's suspected crime against the potential for death or injury ii chase is contin ed. Frequently, discontinuance of a pursuit in interest of publi&afety is most appropriate.
refuse to yield ard serious criminal suspects. Experience has shown many pursuits involve non-violent crimes or traffic violations.
In the heat of a ohase, the violator frequently refuses to give up and officer feels an o 1 ligation to succeed in the pursuit. This psycholog
continue the chase beyond the point where common sense and g judgment would require the pursuit to be discontinued.
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C, Officers should not assume that all persons who flee from the police
D.
phenomenon can, b cloud one's judgement and may cause the office
III. DEFINITION
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A pursuit is an event involving one or more law enforcement officers who
operating a motor vehicle, while the suspect is trying to avoid arrest by u! evasive tactics, such as high speed driving, driving off a highway, turr suddenly, or driving in a legal manner but willfully failing to yield to officer's signal to stop,
operating an authorized emergency vehicle attempting to apprehend a sus]
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- . Iv. LEGAL REQUIREMENTS
A. A public entity is liable for death, injury, or damage proximately cai
by negligent or wrongful act or omission in operation of a motor vel by an employee acting within the scope of employment. (17001 CVC]
A public entity is liable for death or injury to person or property tc
same extent as a private person. (17002 CVC)
A public employee is not liable for civil damages resulting from
operation, in the line of duty, of an authorized emergency vehicle P
responding to an emergency call or when in the immediate pursuit c actual or suspected violator of the law, or when responding to but
upon returning from a fire alarm or other emergency call. (17004 CT
A public agency is immune from liability from injury, death, or dan caused by the collision of a vehicle being operated by an actua suspected law violator being pursued by peace officer(s) employed ' public entity if the agency adopts a written policy on vehicle pursuits meets listed minimum standards. (17004.7(c) CVC)
The driver of an authorized emergency vehicle is exempt from the "r of the road" provided that the red light and siren (defined as "yelp
"wail" only) of the vehicle are activated, (21055 CVC)
The "rules of the road" exemption does not relieve the driver from duty to drive with due regard for the safety of all persons using highway, nor does it protect him/her from the consequences of arbitrary exercise of the privileges granted in that section. (21056 C
It is unlawful to drive on the wrong side of a divided roadway, inclui freeways (against oncoming traffic). Any willful violation of this secl which results in injury to or death of a person shall be punishea
imprisonment in the state prison. Emergency vehicle operators may be immune from prosecution if involved in a wrong-way collision 1
results in injury or death. (21651(b) and 21651(c) CVC)
Upon the approach of an authorized emergency vehicle that is soundii siren and has at least one lighted lamp exhibiting red light, surrounding traffic shall yield to the emergency vehicle. (21806 CVC
I. The provisions of California Vehicle Code Section 21806 shall operate to relieve the driver of an authorized emergency vehicle f the duty to drive with DUE REGARD FOR SAFETY of all persons
property. The officer should not assume that the right-of-way will yielded. (21807 CVC)
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- - v. PROCEDURES
When balancing the interests of public safety with effective law enforcen each officer and supervisor involved in a pursuit should carefully continuously consider the following factors in determining whether or nc
initiate, limit, discontinue, or otherwise control the pursuit.
A. INITIATING A PURSUIT
P.
2.
3.
4. Weather conditions.
5.
Seriousness of the offense and its relationship to community SE
Safety of the public and the pursuing officer.
Traffic conditions (pedestrian and vehicles).
Roadway conditions (road design, construction, surfaces,
Location/familiarity of pursuing officers with the area of pursuit.
visibility).
6.
7. Speed.
8. Time of day.
9. Capabilities and condition of vehicles involved.
10. Quality of radio communications (Communications Center).
1 1. Juvenile occupant(s) of vehicle pursued.
12. Capabilities/conditions of involved personnel.
B. CONTINUATION OF A PURSUIT
A pursuit requires constant evaluation. Each officer and super involved in a pursuit should carefully and continuously consider initiating factors in determining continuance of the pursuit.
C. DISCONTINUANCE OF A PURSUIT
1. Absolutes for discontinuing a pursuit:
a Approaching the international border.
b. Directed to do so by a supervisor,
c. The danger posed by continued pursuit to the officer, suspect, or the community, is greater than the valu apprehending the suspect(s).
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2. Factors to consider in determining a pursuit should
discontinued are the same factors used in pursuit initiation, pli
a Wrong side of divided highway against oncoming tr (generally prohibited):
b. Proximity to the pursued vehicle/location of the pur; vehicle is no longer known;
Identification of suspects; able to apprehend at a later ti1 c.
VI. PURSUING OFFICER'S RESPONSIBILITIES
Each officer has the responsibility for safely pursuing the suspect discontinuing the pursuit when the conditions do not support pursuit dri
Generally, pursuits should be limited to two (2) pursuit units and on supervisor. Each pursuing officer shall activate the red light and E continuously when involved in a pursuit.
A PRIMARY PURSUIT UNIT
1. Definition:
a The primary pursuit unit is generally the vehicle close the suspect vehicle.
The primary pursuit unit should remain so until that stat relinquished to another unit either by the primary pu unit or as directed by a supervisor.
b.
2. Responsibilities:
a Upon initiating a pursuit, the primary pursuit unit I immediately notify the dispatcher that a pursuit i
progress, giving:
(1) Location
(2)
(3) Reason for the pursuit
(4)
Direction and speed of travel
Description and license plate number of the su: vehicle
(5) Number of occupants
(6) Identity of occupants
(7) Any other factors necessary to ensure safe and effe pursuit tactics.
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b. During a pursuit the primary pursuit unit shall contin
provide dispatch with all the changes to the above, and other pertinent information until the secondary unit t
over "calling the pursuit."
B. SECONDARY UNIT
1. Definition:
a The secondary unit is the unit responsible for backup
immediate cover for the primary pursuit unit.
2. Responsibilities
a The secondary unit, if not assigned, shall n communications immediately.
b. The secondary unit shall be prepared to take over prir responsibility for the pursuit if the primary pursuit becomes disabled or if requested to do so by the prir pursuit unit o
c. The secondary unit involved in a pursuit, under 1
circumstances, should take over "calling the pursuit."
d. Provide all changes to information about the pursuit, and additional infomation available.
C. ASSISTING UNIT(S)
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2.
Assisting units require the approval of the pursuit supervisor.
All units that enter the pursuit shall noti@ communical immediately.
VII. ADDITIONAL UNITS
A Officers in all other units shall:
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2.
3.
Remain alert to the pursuit progress and location;
Stay out of the pursuit, unless specifically requested to join by primary pursuit unit or supervisor;
Minimize radio transmissions on the frequency being used foi pursuit;
Move to an alternate channel/frequency as directed. 4.
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. VIII. SUPERVISORY RESPONSIBILITIES
Upon notification of a pursuit in progress, the field supervisor and/or W Commander assumes the responsibility to monitor and take appropriate ac for pursuit control.
A All sworn supervisors and the Watch Commander have the authori
order a pursuit discontinued when, in their judgement, the pote safety risks outweigh the need for apprehension.
The supervisor shall ensure that no more units than necessaq
involved. The Primary Pursuit Unit and the Secondary Unit are gent sufficient for the actual pursuit. Assisting Units may be added for s and security, with the supervisor's approval.
The supervisor shall consider the following in deciding to add units:
B.
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the type of vehicle being pursued;
the seriousness of the offense: and
the danger that the occupants of the vehicle being pur:
pose to others.
When more than two units are permitted to participate in a pursuit supervisor shall as soon as reasonably possible, direct the additional I to discontinue the pursuit.
The supervisor shall make continual assessment during the progress pursuit. Factors to be considered include weather, vehicle pedestrian traffic levels, roadway and environmental conditions, juve occupy the suspect vehicle, the suspect has been identified to the 1 that later apprehension can be accomplished, and pursuit s considerations.
The supervisor shall ensure that affected allied agencies are notifit the pursuit and specific assistance requested, including canine anc support.
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G. The supervisor or designee shall, as necessary, contact pursuing offi at the location of the pursuit termination to provide on-st supervision, coordination, and evaluation.
H. The supervisor shall ensure vehicle pursuits are reported to California Highway Patrol on an approved form (CHP 187), as mand by California Vehicle Code Section 14602.1. Each pursuit shal evaluated for compliance with all codes and policies and appropi action initiated.
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Ix COMMUNICATIONS CENTER RESPONSIBILITIES
A. Upon being notified that a pursuit is in progress, dispatch shall:
1. Ensure that a Supervisor is assigned to the pursuit:
2. Notify appropriate law enforcement agencies of the pursuit, sp
if assistance is needed, and specific support requested.
B. During the pursuit, Dispatch shall:
1,
2.
Monitor all radio traffic concerning the pursuit:
Move all other radio traffic to an alternative channel/frequenc
necessary:
3. If a canine unit is involved in the pursuit, the radio dispatcher
broadcast that information for officer safety purposes.
X MOTORCYCLE UNITS
A
B.
Relinquish the primary position to the first marked four-wheel vehic
Disengage the secondary position when the second marked four-v vehicle joins the pursuit.
XL UNMARKED UNITS
A. Unmarked units without emergency equipment shall not join pursuit.
Officers in unmarked vehicles may become involved in emerg
those instances it may be necessary to follow a suspect vehicle I summoning assistance from a marked vehicle with emerg1 equipment.
When officers in an unmarked vehicle become aware that a marked has arrived, the unmarked unit will disengage.
B.
activities involving serious crimes or life endangering situations.
C.
XII. AIRCRAFT ASSISTANCE
A.
B.
Units involved in pursuits should request air support assistance.
Aircraft can provide valuable information to ground units concer upcoming traffic congestion, hazards, or other factors which n endanger the safety of the officer(s) or the public.
Once the pursued vehicle is overtaken by a law enforcement aircraft aircraft becomes an assisting unit responsible for broadcasting on-j radio updates on the route of travel.
C.
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D. Once the aircraft is in position, the supervisor, in the interest of sa shall evaluate the tactical involvement of ground units in the pursuit.
Xm. PURSUITS APPROACHING THE INTERNATIONAL BORDER
A Under no circumstances will pursuing units cross the internatj
border.
1. Discontinue the pursuit a minimum of one mile prior to international border.
Pursuit units should not approach within five hundred (500) fe
the international border gates. 2.
B. In order to give warning to Mexican authorities and to provide ther increased degree of safety, the Border Patrol will be advised by disp:
The Border Patrol will in turn advise the Mexican authorities.
m. USE OF FIREARMS
Shooting at or from a moving vehicle is prohibited, except when immedi( necessary to protect persons from death or serious bodily injury.
xv. FORCIBLE STOPS (LEGAL INTERVENTION)
A A forcible stop is one in which a vehicle or other object is use
movement. These tactics include ramming of vehicles, box
channelization, barricades, or placing of objects in the path of vehicle, and must be considered a force likely to result in death or g bodily harm.
These tactics shall only be used when the suspect's actions constitut
immediate and life threatening danger to the public, and generally in felony cases.
If barricading is deemed absolutely necessary, a supervisor may app the use of police vehicles if no other suitable equipment is available no case will roadways be barricaded by occupied vehicles.
physically stop or otherwise alter the course of another vehi
B.
C.
XVI. INTER-AGENCY PURSUITS
The guidelines formulated for inter-agency pursuits are designed to pro for the safe coordination of pursuits involving more than one agency. Ager requested to assist, or receive the transfer of, a pursuit from another agi will continue to balance the interests of public safety in determining whe or not to provide the requested assistance or receive the transfer.
A. Notification:
1. When a pursuit is approaching or entering another jurisdiction
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agency with primary responsibility for the pursuit shall notify appropriate agency for that jurisdiction.
Communications will notify the respective agency/jurisdictio the pursuit in the following manner.
a "This is Carlsbad Police Department. This is a pur
Notification will not be construed as a requesl
assistance.
b. "This is Carlsbad Police Department. This is a pul
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2.
notification .I'
(1)
standby."
(1) This is a message requesting that an agency mol
the pursuit, move into appropriate position, an(
prepared to assist if requested.
C. "This is Carlsbad Police Department. This is a pur message requesting assistance."
( 1) Specify assistance requested:
[a) Assisting unit(s)
(b) Air support
(c) Other specialized units
message requesting transfer of a Dursuit .Ip
d. "This is Carlsbad Police Department. This is a pur
When the initial call is made, communications will transmit to
agency the following information:
a
b. Vehicle and suspect description
3.
Direction of travel, location, and speed
c. Officer safety considerations
d. Type of crime
e. Number of occupants
f. Number of units involved
g.
h. Radio frequencyb) being used
Unit designator of supervisor involved
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The primary pursuit unit, or pursuit supervisor, should spec
assistance is needed and the type of assistance requested.
The allied agency(s) will assist the initiating agency only by spc
request and will provide only the specific services requested.
On all requests for assistance or transfer, the agency receiviq request shall identify the supervisor accepting or declining request .
Air support being used/os requeste
Unit designator of officer(s) involved
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B. Communications:
1. Communication operators should clarify any requests for assist
with the requesting agency and obtain pertinent informatio previously listed.
Communications shall notify a sworn supervisor of the request receive direction for the degree of involvement provided to requesting agency.
In addition to a formal request by an allied agency, officers ma summoned by hand/arm gestures and/or verbal requests.
If officers respond to these types of requests, the officer ; immediately notify communications center and the supervisor.
During pursuits involving allied agencies, communication cer shall provide coordination between pursuing units and a agencies including:
a Continuously monitor progress of the pursuit, transmi pertinent information and updates;
Coordinate radio communication on the appropriate mi aid frequency;
Relay information via telephone if radio communicat from car-to-car fail.
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4.
b.
c.
C. Procedures:
1. Units shall not join in an active pursuit unless specifit
requested and then only with the approval of a supervisor c authorized by Communications.
2, Once a pursuit has been initiated, the initiating agency
generally retain jurisdiction and control of the pursuit, even 1 the pursuit enters another jurisdiction.
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3. When entering another law enforcement jurisdiction (inclul military installation), the pursuit shall be discontinued immedi; when a supervisor of that agency recognizes a condition constitutes an immediate and life threatening danger to officers or public and recommends discontinuance.
The California Highway Patrol (CHP) may respond to a spf
request for assistance on pursuits conducted on the fret system. Once in place, the CHP will assume control of the pul until they relinquish it. When CHP has control of the pursui
other units not needed will discontinue their involvement.
When entering another agency's jurisdiction, the primary pu unit or the pursuit supenisor should determine if the allied ag
should be requested to assume the pursuit.
An allied agency which accepts responsibility for the pursuit,
elect to proceed with or discontinue the pursuit.
7. The officer with initial probable cause and/or that offi supervisor should trail the pursuit at a reduced speed.
4.
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6.
D. Transfer:
1. There is no legal requirement for an agency to assume a pursuj
supervisor may determine it is in the best interest of public s
and/or the agency to refuse acceptance. Once responsibilj
assumed, the pursuit may be discontinued by the assuming a$ at any time.
The supervisor of the assuming agency should notifjr the initi agency in the most expedient fashion that control has assumed.
Responsibility for a pursuit transfers when:
a
b.
2.
3.
the pursuing agency requests the transfer:
a supervisor of the assuming agency agrees to accep pursuit, and
a unit of the assuming agency becomes the primary pu unit.
An agency accepting transfer and assuming the primary pc unit position, should have sufficient resources to contro pursuit,
c.
4.
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E. End of Pursuit:
1. Responsibilities of the stopping agency:
a Notify all involved agencies that the pursuit has ended
location, and supervisor to contact.
Provide a supervisor at the location(s) where the pu
ends for coordination with other agencies.
b.
2. Responsibilities of other involved agencies:
a The agency of the officer who initiated the pursuit 1
ensure that the officer with probable cause (or that offi supervisor) contacts the stopping agency's supervisc provide assistance.
All agencies with information, witnesses, or criminal cha related to the pursuit shall contact the stopping agency.
c, All agencies involved in the pursuit shall pro supplementary reports as requested by the stopping ag (or booking agency, if different).
b.
3. Prisoner Processing:
a In the absence of any other agreement, the suspect(s) 1
the pursuit shall be turned over to the custody of the ag which has the most significant charges.
Absent more significant charges by another agency, cus and booking of the suspect(s) shall be the responsibilii the agency initiating the pursuit.
e. The agency assuming custody shall be responsible processing, booking, and all related reports.
b.
4. Traffic Collision Investigation:
The investigation of traffic collisions resulting from the PUI shall be the responsibility of the agency within whose jurisdic the collision occurred,
XVDI. PURSUIT REPORT REQUIREMENTS
A. California Vehicle Section 14602.1 requires that all police pursuit: reported on the California Highway Patrol Pursuit Report (CHP 187). form shall be prepared on pursuits initiated or assumed by office1 each involved department.
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B. The field supervisor shall include a factual evaluation concer Violations sha compliance with the department's pursuit policy. identified and listed in the report narrative.
It is recommended that department pursuits be tallied chronologj
and separated into categories for further analysis. The purpose identify specific problem areas which include, but are not limited tr following items:
1. Pursuit related collisions
2. Policy violations
3. Training needs
4. Equipment issues
5. Officer safety concerns/tactical methodology
6. Policy or legislative concerns
C.
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