HomeMy WebLinkAbout1995-04-18; City Council; Resolution 95-1020 e
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RESOLUTION NO. 95-102
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A 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 c
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 Directive 4.5
attached as “Exhibit A” is hereby adopted as the Vehicular Pursuit
Policy of the City of Carlsbad.
3. That City Council Resolution No. 92-280 is hereby
repealed.
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WHEREAS, PASSED, APPROVED AND ADOPTED at a regular
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AYES: Council Members Lewis , Nygaard, Kulchin, Finnila, Hall 6
7 NOES: None
meeting of the Carlsbad City Council held on the 18th day of APRIL
1995, by the following vote, to wit:
a ABSENT: None
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CLAUDE A. LEWIS, Mayor
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I? /I ALETHA L. RAUTENKRANZ, City &rk
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(Seal)
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CARLSBAD POLICE DEPARTME Origin:
No. 4. E DATE:
CHIEF OF POLICE PATROL 1 OF 13 12/22/94
DISSEMINATION:
ALL PERSONNEL I s- PURSUIT POLICY
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' ORIGINATING DIVISION:
ADMINISTRATION SUPERSEDES AND REPLACES 4.5
RELATED PC
ADMIN 1.1:
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I. POLICY STATEMENT
The purpose of this policy is to provide police officers specific guidelines
conducting vehicular pursuits with the highest consideration for public saf and in keeping with California Vehicle Code Section 17004.7(c. II. BACKGROUND
A. A police vehicle pursuit exposes the public, officers, and fleeing violat to the potential risk of death, serious injury, or damage to perso: property. -Officers may be subject to administrative action for neglig emergency vehicle operation and the City may be found liable in c actions. If the emergency vehicle operation rises to, the level of crimil
negligence, an officer may be subject to criminal prosecution.
B. When engaged in a pursuit, officers should weigh the seriousness of t violator's suspected crime against the potential for death or injury if t chase is continued. Frequently, discontinuance of a pursuit in t interest of public safety is most appropriate.
C. Officers should 'not assume .that all persons who flee from the police a refuse to yield are serious criminal suspects. Experience has shown tl many pursuits involve non-violent crimes or traffic violations.
D. In the heat of a chase, the violator frequently refuses to give up and t officer feels an obligation to succeed in the pursuit. This psychologic phenomenon .can cloud one's judgement and may cause the officer continue the chase beyond the point where common sense and go judgment would require the pursuit to be discontinued.
III. DEFINITION
A pursuit is an event involving one or more law enforcement officers who E operating an authorized emergency vehicle attempting to apprehend a suspe
operating a motor vehicle, while the suspect is trying to avoid arrest by usi: evasive tactics, such as high speed driving, driving off a highway, turnil suddenly, or driving in a legal manner but willfully failing to yield to tl officer's signal to stop.
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rv. LEGAL REQUIREMENTS
A. A public entity is liable for death, injury, or damage proximately cau by negligent or wrongful act or omission in operation of a motor veh by, an employee acting within the scope of employment. (1 7001 CVC)
€3. , A public entity is liable for death or injury to person or property to same extent as a private person. (17002 CVC)
C. A public employee is not liable for civil damages resulting from operation, in. the line of duty, of an authorized emergency vehicle wl
responding to an emergency call or when in the immediate pursuit of actual or suspected violator of the law, or when responding to but 1 upon returning from a fire alarm or other emergency call. (1 7004 CV(
D. A public agency is immune from liability from injury, death, or dam: caused by the collision of a vehicle being operated by an actual suspected law violator being pursued by peace officer(s) employed by public entity if the agency adopts a written policy on vehicle pursuits t€ meets listed minimum standards. (17004.7(c) CVC)
E. The driver of an authorized emergency vehicle is exempt from the "rul of the road" provided that the red light and siren (defined as "yelp" "wail" only) of the vehicle are activated. (2 1055 CVC)
F. The "rules of the road" exemption does not relieve the driver from tl duty to drive with due regard for the safety of all persons using tl highway, nor does it protect him/her from the consequences of 2 arbitrary exercise of the privileges granted in that section. (21056 CVC
G. It is unlawful to drive on the wrong side of a divided roadway, includir freeways (against oncoming traffic). Any willful violation of this sectior which results in injury to or death of a person shall be punished t: imprisonment in the state prison. Emergency vehicle operators may nc be immune from prosecution if involved in a wrong-way collision th: results in injury or death. (21651(b) and 21651(c) CVC)
H. Upon the approach of an authorized emergency vehicle that is sounding siren and has at least one lighted lamp exhibiting red light, th surrounding traffic shall yield to the emergency vehicle. (2 1806 CVC)
I. The provisions of California Vehicle Code Section 2 1806 shall no operate to relieve the driver of an authorized emergency vehicle fron the duty to drive with DUE REGARD FOR SAFETY of all persons an( property. The officer should not assume that the right-of-way will bc yielded. (2 1807 CVC)
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V. PROCEDURES
When balancing the interests of public safety with effective -law enforceme
each officer and supervisor involved in a pursuit should carefully a continuously consider the following factors in determining whether or not initiate, limit, discontinue, or otherwise control the pursuit.
A INITIATING A PURSUIT
1. Seriousness of the offense and its relationship to community saff
2. Safety of the public and the pursuing officer.
3. . Traffic conditions (pedestrian and vehicles).
4. Weather conditions.
5. Roadway conditions (road design, construction, surfaces, a visibility).
6. Location/familiarity of pursuing officers with the area of
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.
pursuit.
B. CONTINUATION OF A PURSUIT
A pursuit requires constant evaluation. Each officer and supervil 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, 1 suspect, or the community, is greater than the value 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, plus
a __ Wrong side of divided highway against oncoming tra. (generally prohibited);
b. Proximity to the pursued vehicle/location of the pursL vehicle is no longer known;
c. Identification of suspects; able to apprehend at a later timr
VI. PURSUING OFFICER'S RESPONSIBILITIES
Each officer has the responsibility for safely pursuing the suspect i discontinuing the pursuit when the conditions do not support pursuit drivi Generally, pursuits should be limited to two (2) pursuit units and one supervisor. Each pursuing officer shall activate the red light and si1
continuously when involved in a pursuit.
A. PRIMARY PURSUIT UNIT
1. Definition:
a The primary pursuit unit is generally the vehicle closest the suspect vehicle.
b. The primary pursuit unit should remain so until that statu: relinquished to another unit either by the primary pur: unit or as directed by a supervisor.
2. Responsibilities:
a Upon initiating a pursuit; the primary pursuit unit SI immediately notify the dispatcher that a pursuit is progress, giving:
( 1) Location
(2) Direction and speed of travel
(3) Reason for the pursuit
(4) Description and license plate number of the sus~
vehicle
(5) Number .of occupants
(6) Identity of occupants
(7) Any other factors necessary to ensure safe and effec pursuit tactics.
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b. During a pursuit the primary pursuit unit shall continuz provide dispatch with all the changes to the above, and i other pertinent information until the secondary unit tal over "calling the pursuit."
B. SECONDARY UNIT
1. Definition:
a The secondary unit is the unit responsible for backup 2
immediate cover for the primary pursuit unit.
2. Responsibilities
a The secondary unit, if not assigned, shall no1 communications immediately.
b. The secondary unit shall be prepared to take over prim, responsibility for the pursuit if the primary pursuit u becomes disabled or if requested to do so by the prim, pursuit unit.
e. The secondary unit involved in a pursuit, under m
circumstances, should take over "calling the pursuit."
d. Provide all changes to information about the pursuit, and 2
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additional information available.
C. ASSISTING UNIT(S)
1. Assisting units require the approval of the pursuit supervisor.
2. All units that enter the pursuit shall notify communicatic immediately.
VII. ADDITIONAL .UNITS
A Officers in all other units shall:
1. Remain alert to the pursuit progress and location;
2. Stay out of the pursuit, unless specifically requested to join by 1 primary pursuit unit or supervisor;
3. Minimize radio transmissions on the frequency being used for pursuit;
4. Move to an alternate channel/frequency as directed.
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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 authorii order a pursuit discontinued when, in their judgement, the pote; safety risks outweigh the need for apprehension.
B. The supervisor shall ensure that no more units than necessary involved. 'The Primary Pursuit Unit and the Secondary Unit are gene: sufficient for the actual pursuit. Assisting Units may be added for si and security, with the supervisor's approval.
C. ' The supervisor shall consider the following in deciding to add units:
1. the 'type of vehicle' being pursued:
2. the seriousness of the offense: and
3. the danger that the occupants of the vehicle being purs pose to others.
D. When more than two units are permitted to participate in a pursuit, supervisor shall as soon as reasonably possible, direct the additional UI to discontinue the pursuit.
E. The supervisor shall make continual assessment during the progress 1 pursuit. Factors to be considered include weather, vehicle 2
pedestrian traffic levels, roadway and environmental conditions, fuven occupy the suspect vehicle, the suspect has been identified to the PC that later apprehension can be accomplished, and pursuit spl considerations.
F. The supervisor shall ensure that affected allied agencies are notified
the pursuit and specific assistance requested, including canine and support.
G. The supervisor or designee shall, as necessary, contact pursuing offici at the location of the pursuit termination to provide on-sce supervision, coordination, and evaluation.
H. The supervisor shall ensure vehicle pursuits are reported to 1 California Highway Patrol on an approved form (CHP 187). as mandal by California Vehicle Code Section 14602.1. Each pursuit shall
evaluated for compliance with all codes and policies and appropri; action initiated.
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DL 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, spe if assistance is needed, and specific support requested.
B During the pursuit, Dispatch shall:
1. Monitor all radio traffic concerning the pursuit:
2. Move all other radio traffic to an alternative channel/frequency
3. If a canine'unit is involved in the pursuit, the radio dispatcher SI
necessary;
broadcast that information for officer safety purposes.
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MOTORCYCLE UNITS
Relinquish the primary position to the first marked four-wheel vehicle
Disengage the secondary position when the second marked four-wh vehicle joins the pursuit.
UNMARKED UNITS
Unmarked units without emergency equipment shall not join in pursuit.
Officers in unmarked vehicles may become involved in emergerl
activities involving serious crimes or life endangering situations. those instances it may be necessary to follow a suspect vehicle wh summoning assistance from a marked vehicle with emergen equipment.
When officers in an unmarked vehicle become aware that a marked UI
has arrived, the unmarked unit will disengage.
AIRCRAFT ASSISTANCE
Units involved in pursuits should request air support assistance.
Aircraft can provide valuable information to ground units concernil upcoming traffic congestion, hazards, or other factors which mig' endanger the safety of the officer(s) or the public.
Once the pursued vehicle is overtaken by a law enforcement aircraft, tl aircraft becomes an assisting unit responsible for broadcasting on-goil radio updates on the route of travel.
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D. Once the aircraft is in position, the supervisor, in the interest of saf 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 internatic border.
1. Discontinue the pursuit a minimum of one mile prior to international border.
2. Pursuit units should not approach within five hundred (500) fee the international border gates.
B. In order to give warning to Mexican authorities and to provide them increased degree. of safety, the Border Patrol will be advised by dispal
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 immedia necessary to protect persons from death or serious bodily injury.
xv. FORCIBLE STOPS (LEGAL INTERVENTION)
A. A forcible stop is one in which a ve.hicle or other object is used physically stop .or otherwise alter the course of another vehic 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 gr
bodily harm.
B. These tactics shall only be used when the suspect's actions constitute
immediate and life threatening danger to the public, and generally c in felony cases.
C. If barricading is deemed 'absolutely necessary, a supervisor may appr the use of police vehicles if no other suitable equipment is available. no case will roadways be barricaded by occupied vehicles.
XVI. INTER-AGENCY PURSUITS
The guidelines formulated for inter-agency pursuits are designed to pro1 for the safe coordination of pursuits involving more than one agency. Agenc requested to assist, or receive the transfer of, a pursuit from another age
will continue to balance the interests of public safety in determining whet 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 wth primary responsibility for t e pursuit shall notiij appropriate agency for that jurisdiction.
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2. Communications will notify the respective agency/jurisdictic the pursuit in the following manner.
a "This is Carlsbad Police Department. This is a PUI notification."
( 1) Notification will not . be construed as a reques
assistance.
b. "This is Carlsbad Police Department. This is a. pu: standbv."
( 1 ) This is a message requesting that an agency mo the pursuit, move into appropriate position, an prepared to assist if requested.
c. . "This is Carlsbad Police Department. This is a pu: message reauesting assistance."
( 1 ) Specify assistance requested:
(a) Assisting unit(s)
(b) Air support
(c) Other specialized units
d. "This is Carlsbad Police Department. This is a pul message requesting transfer of a pursuit."
3. When the initial call is made, communications will transmit to agency the following information:
a Direction of travel, location, and speed
b. Vehicle and- suspect description
c. ' Officer safety considerations
d. Type of crime
e. Number of occupants
f. Number of units involved
g. Unit designator of supervisor involved
h. Radio frequency(s) being used
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j. Unit designator of officer(s) involved
4. The primary pursuit unit, or pursuit supervisor, should spec:
, assistance is needed and the type of assistance requested.
5. The allied agency(s) will assist the initiating agency only by spf
request and will provide only the specific services requested.
. ' 6. On all requests for assistance or transfer, the agency receiving
request shall identify the supervisor accepting or declining request.
Ei Communications:
1. Communication operators should clarify any requests for assist; with the. requesting agency and obtain pertinent informatiol previously' listed.
2. Communications shall notify a sworn supervisor of the request receive direction for the degree of involvement provided to requesting agency.
3. In addition to a formal request by an allied agency, officers ma summoned by hand/= gestures and/or verbal requests.
If officers respond to these types of requests, the officer I immediately notify communications center and the supervisor.
4. During pursuits involving allied agencies, communication cen shall provide coordination between pursuing units and a agencies including:
a Continuously monitor progress of the pursuit, transmit pertinent information and updates;
b. Coordinate radio communication on the appropriate mu aid frequency:
c. 'Relay information via telephone if radio communicat: from car-to-car fail.
C. Procedures:
1.. Units shall not join in an active pursuit unless specific requested and then only with the approval of a supervisor o authorized by Communications.
2. Once a pursuit has been initiated, the initiating agency generally retain jurisdiction and control of the pursuit, even u the pursuit enters- another jurisdiction.
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3. When entering another law enforcement jurisdiction (incluc military installation), the pursuit shall be discontinued immedia when a supervisor of .that agency recognizes a condition t constitutes an immediate and life threatening danger to
officers or public and recommends discontinuance.
4. The California Highway Patrol (CHP) may respond to a spec request for assistance on pursuits conducted on the free system. Once in place, the CHP will assume control of the pur until they relinquish it. When CHP has control of the pursuit other units not needed will discontinue their involvement.
5. When entering another agency's jurisdiction, the primary pur
unit or the pursuit supervisor should determine if the allied age should be requested to assume the pursuit.
6. An allied agency which accepts responsibility for the pursuit, I elect to proceed with or discontinue the pursuit.
7. The officer with initial probable cause and/or that offic supervisor should trail the pursuit at a reduced speed.
D. Transfer:
1. There is no legal requirement for an agency to assume a pursuit supervisor may determine it is in the best interest of public sa and/or the agency to refuse acceptance. Once responsibilit: assumed, the pursuit may be discontinued by the assuming age at any time.
2. The supervisor of the assuming agency should notify the initia agency in the most expedient fashion that control has b assumed.
3. Responsibility for a pursuit transfers when:
a the pursuing' agency requests the transfer:
b. a supervisor of the assuming agency agrees to accept pursuit, and
c. a unit of the assuming agency becomes the primary pur; unit.
4. An agency accepting transfer and assuming the primary pur' unit position, should have sufficient resources to control pursuit.
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E. End of Pursuit:
1. Responsibilities of the stopping agency:
a Notify all involved 'agencies that the pursuit has end,( location, and supervisor to contact.
b. Provide a supervisor at the location(s) where the p ends for coordination with other agencies.
2. . Responsibilities of other involved agencies:
a The agency' of the officer who initiated the pursuit ensure that the officer with probable cause (or that of supervisor) contacts the stopping agency's ' suplervi2 provide assistance.
b. .All'agencies with information, witnesses, or criminal cf related to the pursuit shall contact the stopping agency
c. All agencies involved in the pursuit shall1 pr supplementary reports as requested by the stopping a (or booking agency, if different).
3. Prisoner Processing:
a In the absence of any other agreement, the suspect(s1 the pursuit shall be turned over to the custody of the a which has the most significant charges.
b. Absent more significant charges by 'another agency, cu and booking of the, suspect(s) shall be the responsibil the agency initiating the pursuit.
c. The agency assuming custody shall be respo:nsibl processing, booking, and all related reports.
4. Traffic Collision Investigation:
The' investigation of traffic collisions resulting from the pi
shall be the responsibility of the agency within whose jurisd the collision occurred.
XVII. PURSUIT REPORT REQUIREMENTS
A. California Vehicle Section 14602.1 requires that all police pursui reported on the California Highway Patrol Pursuit Report (CHP187). form shall be prepared on pursuits initiated or assumed by officf each involved department.
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B. The field supervisor shall include a factual evaluation concerl compliance with the department's pursuit policy. Violations shal identified and listed in the report narrative.
C. It .is recommended that department pursuits be tallied chronologil
l and separated into categories for further analysis. The purpose i identify specific problem areas which include, but are not limited to
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
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