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Home My WebLink About1992-09-08; City Council; Resolution 92-280I/ 0 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING POLICE . VEHICULAR PURSUIT POLICY WHEREAS, it is the intent of the city to provide guidance to police officers in the event of a vehicular pursuit so that safe, responsible and justifiable actions will result in the safe conduct of vehicular pursuits by its peace officers; and WHEREAS, it is the intent of the city to adopt a policy that complies with and fulfills the requirements of California Vehicle Code section 17004.7, or any successor statute providing civil immunity from liability arising out of police pursuits; and WHEREAS, the police department has recommended the adoption of a departmental directive containing a policy for the safe conduct of vehicular pursuits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Carlsbad Police Department directin attached as "Exhibit A" is hereby adopted as the Vehicular Pursuit Policy of the City of Carlsbad. .... .... .... .... .... .... .... w W 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 2 3 4 5 6 7 8 9 10 11 City Council of the City of Carlsbad on the 8th day of SEPTEMBER 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT : None ATTEST : lGza-& 8. a ALETHA L. RAUTENKRANZ, City Cl&k 2m mu: 2zm an8 io35 'tga: ;ooL? .tm$ :wmo !$&n 053 Lorn a01 pz 00 rn> $%% tJZ ! '<- - 12 13 14 15 16 17 a 18 19 20 21 22 23 24 25 26 27 28 2 ll CARLSBAD POL]- EPARTMENT w r DEPARTMENT DIRECTIVE PATROL/TRAFFIC 4.5 December 14, 19 I PURSUIT DRIVING/ROADIAY BARRICADES SUPERCED€S AND REPLACES 4.5 dated December 11, 1986 PURPOSE It is the intent of this policy to provide guidance to officers in the event of a hi speed pursuit so that safe, respon9ible and justifiable actions will result in the s conduct of vehicular pursuits by peace officers. In adoptins this policy, it is the ffurther intent of the Department that this policy complies with and fulfills the requirements of California Vehicle Code Section 17004.7 effective January 1, 1988, o any successor statute, providing civil immunity in certain circumstances from liabil arising out of policy pursuits. I POLICY I 1. General The Department desires that all violators be apprehended whenever it is feasible with regard to existing conditions. It is not, however, expected that a person pursued to the point where the life of the officer, violator or others are place in jeopardy. The decision to continue a pursuit must be constantly evaluated wi consideration of the offense for which the violator is beina .oursued as compared the risks the pursuit represents. In those situations where 'h suspect is beina pursued for traffic offenses only, it cannot be assumed that he has also committ a felony. The continued pursuit of a traffic violator mst be evaluated as a misdemeanor and not predicated on any unsubstantiated belief that the suspect wo not be fleeing if he were not guilty of a more serious crime. Pursuits shall be conducted in accordance with the guidelines of the Department policy on operating police vehicles. Apprehending the offender should be second the goal of safety during a pursuit. 1 2* Procedure A. Officers intending to stop a vehicle should, when possible, be in close proximity to the violator's vehicle before activating red liqhts and siren ts effect the stop. This will tend to reduce a suspect's belief that a successfull evasion of the police contact is possible. L Form 0187 1 CARLSBAD POLIC- 'ARTMENT - w r -DEPARTMENT DIRECTIVE c PATROL/TRAFFIC 4.5 December 14, 1987 PURSUIT DRIVING/ROADWAY BARRICADES 8. C. 0. E. F. G. I In the event a pursuit is. initiated, the initial unit shall maintain pursuit responsibility unless relieved by a supervisor. The officer shall immediately notify'dispatch of the vehicle, description, direction of travel and the crime involved. Dispatch shall notify allied agencies when appropriate. Pursuit units should normally be limited to two. Variations of this number shall be. at the direct'ion bf a Police Supervisor or the initial pursuit unit. When a second unit joins the pursuit, the second unit should take over pursuit communications, thus freeing the initial unit to concentrate on drivina. A supervisor shall monitor the pursuit and when able to do so, respond to the area of pursuit to provide any assistance necessary. In the event a pursuit enters another agency's jurisdiction, the originating agency shall maintain responsibility for the proqress of the pursuit. The allied agency will assist the initiating aqency only by specific request and will provide only the. specific services reauested. Ramming vehicles: Recause of extreme hazards and risk of injury to officers, suspects and innocent citizens, the following methods of attemptinq to stop fleeing vehicles are generally prohibited: R (1) Attempting to force the suspect vehicle from the roadNay bv driving alongside or in front of the suspect. (2) Attemptina to slow or stop the suspect vehicle by positioninq the police unit directly in front of the suspect vehicle. (3) "Bumping" or "rarnminq" the suspect vehicle in an effort to force it from the roadway. On rare occasions, the above methods may be the only practical means to affect the stop of a fleeing vehicle. The above methods should only be considered when the immediate apprehension of a fleeing suspect is paramount to the physical safety of the public. In the event a traffic motorcycle initiates a pursuit, he shall hand over the pursuit to a marked Police automobile as soon as is feasible. If a marked unj is not readily available the motor officer should discontinue pursuit at any time safety for himself or the public becomes apparent. L Form e187 . LAHL~DHU ruubc rn "' ' 'l'L'' I 1c r DEPARTMENT DIRECTIVE 1 ATROL/TRAFFIC 4.5 December 14, 1987. L - PURSUIT DRIVING/ROADIAY BARRICADES 3. Barricadina Roadways I A. Barricading a roadway must be considered a force likely to result in death or great bodily harm. For this reason, barricadina roadways must never be done ir misdemeanor cases and only as a last resort in appropriate felony cases where. the suspect is an immediate, and continuing major threat to the physical safety of the public. ,' 6. Under no circumstances will a roadway be barricaded without prior approval of i Police Supervisor. C. Roadways must never be barricaded by occupied vehicles. 0. Private vehicles will never be used as a barricade. On the contrary, it is ou: duty to remove private vehicles from the path of pursuit. E. If barricading is deemed absolutely necessary to apprehend a felon, police vehicles may be used if no other suitable equipment is available and a Police Supervisor has authorized such actions. ~ Fotm 1187