Police pursuits policy

WALLINGFORD POLICE DEPARTMENT GENERAL ORDER CHAPTER 41 NUMBER 41-5

TITLE: VEHICULAR PURSUIT EFFECTIVE: 12/19/2019

ISSUED: W.J.W.

REVIEW: ANNUAL PRIORITY

RESCINDS: G.O. 41-5 (dated 11/1/2019) STATE ACCREDITATION REFERENCE: 1.3.1

HIGH

MISSION In partnership with the community, the mission of the Wallingford Police Department is to enforce the law, protect life and property, and address the specific needs of our citizens.

PURPOSE: The purpose of this policy is to establish the guidelines to be followed for the initiation, direction and termination of a vehicular pursuit.

POLICY: Pursuits of fleeing motor vehicle occupants may present a danger to the lives of the public, officers, and those vehicle occupants involved in the pursuit. Concurrent with enforcing the law, the policy of this Department is to protect all persons’ lives to the extent reasonably possible under the circumstances. In addition, 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 a vehicular pursuit is undertaken.

DEFINITIONS: Pursuit: is an attempt by a police officer in an authorized emergency vehicle to apprehend any occupant of another moving motor vehicle, when the driver of the fleeing vehicle is attempting to avoid apprehension by maintaining or increasing the speed of such vehicle or by ignoring the police officer’s attempt to stop such vehicle. (14-283a C.G.S.) Authorized emergency vehicle: is a police vehicle equipped with operable emergency equipment, including audible siren and flashing/warning lights, while such vehicle is being operated by a police officer. All authorized emergency vehicle operations shall be conducted in strict conformity with Sections 14-283a-1 to 14-283a-4, inclusive, of the Regulations of Connecticut State Agencies, and section 14-283a of the Connecticut General Statutes.

General Order 41-5 Vehicular Pursuits

Page 1

Primary Unit: is the police vehicle that initiates a pursuit or any police vehicle that assumes control of the pursuit.

Secondary Unit: is any police vehicle that becomes involved as a backup to the primary unit and follows the primary unit at a safe distance.

Supervisor: is the Shift Commander, a Patrol Sergeant, or any other on-duty supervisor.

Communications: is the central dispatch center of the police agency in the jurisdiction where the pursuit is occurring.

Crime of Violence: An offense in which physical force, the attempted use or threatened use of physical force, is used against another person(s) for the purpose of, injuring, damaging or abusing another person(s), or any offense that is a felony and that involves a substantial risk that physical force against another person may be used in the course of committing the offense.

PROCEDURES: A. Pursuit Criteria

1. Only those police vehicles equipped with operable flashing/warning lights and siren shall be permitted to engage in a pursuit.

2. The decision to initiate a pursuit shall be based on the pursuing officer’s conclusion that the immediate danger to the police officer and the public created by the pursuit is less than the immediate or potential danger to the public should the occupants of such vehicle remain at large.

3. An officer may initiate a pursuit under the following circumstances: a. A police officer may only engage another vehicle in a pursuit if the officer has reasonable suspicion to believe that the driver or occupant has committed or is attempting to commit a crime of violence, or there are exigent circumstances that warrant the need to apprehend the suspect in a timely manner because of the potential for harm to the public if the apprehension does not occur. The officers must be able to articulate the exigent need to apprehend the driver or occupant because of the potential harm or risk to the public. b. Offenses that constitute Infractions, property crimes, (to include stolen motor vehicles), non-violent misdemeanors and non-violent felonies shall not be justification to engage in a pursuit of another vehicle, absent articulable exigent circumstances.

4. A pursuit shall not be undertaken, even if allowable by other provisions of this policy, unless and until the officer, based upon the information available to him/her at the time, shall make an objectively reasonable determination that the threat of imminent death or serious physical injury to the officer, the public or both, created by the pursuit is less than the immediate or

General Order 41-5 Vehicular Pursuits

Page 2

potential danger to the public, should the suspect(s) or occupant(s) remain at large. A decision to engage in a pursuit shall be based upon the following: a. The underlying crime for which the operator or occupants are suspected of committing; b. Whether the identity of the operator or occupant is known and apprehension by other means is possible; c. That the immediate danger to the public and the police officer created by the pursuit is less than the immediate danger to the public should the occupants of the pursued vehicle remain at large; d. Location, speed, direction of other traffic, population density, type of vehicle being pursued and operators driving behaviors; e. Environmental factors such as, weather, time of the day, visibility; f. Relative capability of the police vehicle(s) and the vehicle being pursued; g. Road conditions, including surface type, wet, icy, dry roadway. Road typography, traffic controls; h. The presence of other people in the police vehicle; i. Population density, vehicular and pedestrian traffic.

A. Pursuit Officer Responsibilities 1. The pursuing officer (primary unit) shall immediately notify Communications upon commencing pursuit and provide the following information: i. Identity and location of the officer’s vehicle; ii. Location, speed and direction of travel of the fleeing vehicle; iii. Description and license plate number of the fleeing vehicle, if known; and iv. Initial purpose of the stop.

2. The failure to provide any of this information to Communications shall result in the immediate decision by the supervisor to order the pursuit to be terminated.

3. Any police vehicle sustaining damage or failure of any essential vehicular equipment shall not be permitted to continue in the pursuit. Communications shall be notified if and when this occurs.

4. The pursuing officer shall continually update Communications on the status of the pursuit.

5. The pursuing officer shall notify Communications when it is likely that a pursuit will continue into the neighboring community.

6. The pursuing officer shall continually re-evaluate and assess the pursuit situation, including all of the initiating criteria, and terminate the pursuit whenever he or she reasonably believes that the risks associated with the continued pursuit are greater than the public safety benefit of making an immediate apprehension.

General Order 41-5 Vehicular Pursuits

Page 3

B. Dispatcher Responsibilities 1. When notified that a pursuit is in progress, the dispatcher shall immediately notify a supervisor to direct the pursuit.

2. Dispatchers shall carry out the following activities and responsibilities during the pursuit: A. Receive all information on the pursuit and the pursued vehicle and continually update the supervisor of any changes as they occur; B. Control all radio communications and clear the radio channels of all non-emergency calls; C. Obtain applicable criminal history and motor vehicle information; D. Relay pertinent information to other officers in the field; E. Coordinate and dispatch backup assistance under direction of a supervisor; and F. Immediately notify the neighboring police agency and specifically request their assistance when the pursuit is likely to extend into their jurisdiction.

C. Supervisor’s Responsibilities 1. Upon notification that a vehicular pursuit has been initiated, a supervisor shall evaluate the situation and conditions that resulted in the pursuit as well as the need to continue it.

2. The supervisor shall assume command responsibility of the pursuit and monitor and control the pursuit as it progresses.

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

4. The supervisor shall also have the authority to terminate the pursuit. When the agency supervisor communicates a termination directive, all agency vehicles shall disengage warning devices and cease the pursuit.

5. In controlling the pursuit incident, the supervisor shall be responsible for coordination of the pursuit as follows: A. Directing pursuit vehicles into or out of the pursuit; B. Re-designation of primary, support or backup vehicle responsibilities; C. Approval or disapproval to leave the jurisdiction to continue pursuit.

6. Where possible, a supervisory police officer shall respond to the location where a vehicle has been stopped following a pursuit. This is to ensure compliance with the requirement set forth in this policy.

General Order 41-5 Vehicular Pursuits

Page 4

D. Pursuit Tactics 1. Officers engaged in pursuit shall be required to activate headlights and all emergency warning devices (flashing lights and siren) at the onset of the pursuit.

Emergency warning devices shall remain activated for the duration of the pursuit.

2. When an unmarked vehicle equipped with flashing lights and siren initiates a pursuit, such vehicle shall immediately disengage from the pursuit when a marked cruiser is directed to become the primary unit. The unmarked vehicle shall become the secondary unit until replaced as such by another marked cruiser.

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

4. A police officer in pursuit may operate their vehicle at a speed that the condition of the vehicle, existing road, traffic, environmental conditions, and the officer’s driving abilities will safely permit 5. All police units in active pursuit shall space themselves at reasonable and safe distances to permit adequate braking and reaction times if any preceding vehicle stops, slows, turns, becomes disabled or collides with any vehicle or object 6. A police pursuit vehicle entering any intersection against traffic control signals or signs shall slow to safe speeds and be prepared to slow or stop to avoid any collision.

7. Unless expressly authorized by the Supervisor, pursuit shall be limited to the assigned primary and secondary vehicles. Officers are NOT otherwise permitted to join the pursuit or follow the pursuit on the same or parallel streets.

8. Officers may not use their vehicle to intentionally bump or ram the suspect’s vehicle in order to force the vehicle to a stop.

9. With prior supervisory approval, Stop Sticks may be deployed by officers so trained in their use. The officer(s) deploying them shall notify Communications, and any unit(s) in pursuit, of the specific location of the stop stick devices. Police officers must first complete a department required training course on the use of Tire Deflation Devices. These devices shall only be used in accordance with department policy. Stop Sticks shall not be deployed to stop Motorcycles, or other vehicles with less than four (4) wheels.

10. Roadblocks constitute the use of deadly physical force and are inherently dangerous to all parties involved. Roadblocks are expressly prohibited unless specifically authorized by the supervisor in charge after consideration of the necessity of applying deadly physical force to end the pursuit.

General Order 41-5 Vehicular Pursuits

Page 5

11. Once the pursued vehicle is stopped, officers shall exercise appropriate safety tactics and use physical force only when and to the extent they reasonably believe such to be necessary to take an occupant or occupants into custody.

E. Use of Firearms during a Pursuit 1. Officers shall not discharge their firearms at a moving vehicle or its occupants unless, the occupants are using, or threatened the use of deadly physical force, against the officer or another person present, by means other than the vehicle.

A. This does not preclude exigent circumstances such as, but not limited to, where the officer reasonably believes there are no other means available to avert the threat of the vehicle, or if such vehicle is being utilized as a weapon against the officer(s), or another person, such as in a vehicle ramming attack.

B. No officer should intentionally position his or her body into the path of a fleeing motor vehicle, unless such action is a tactic approved by the law enforcement unit, that employs such police officer and in accordance with an established written policy. Whenever possible, the involved officer should make an effort to move to an area of safety if the vehicle becomes a threat, including retreating from the threat, if practical.

F. Termination of Pursuit 1. The primary officer or a supervisor may terminate the pursuit at any time.

2. The pursuit SHALL BE TERMINATED by a supervisor and/or primary officer under any of the following circumstances: A. B.

C. D. E.

When the potential danger to the public, police officer and/or suspect outweighs the need for immediate apprehension; The identity of the occupant(s) has been determined and immediate apprehension is not necessary to protect the public or police officers, and apprehension at a later time is feasible; Weather or traffic conditions substantially increase the danger of pursuit beyond the worth of apprehending the suspect; The distance between the pursuit vehicle and fleeing vehicle is so great that further pursuit is futile; or When, during the course of a pursuit, the officer enters another jurisdiction and is either unfamiliar with the area being traveled and/or loses mobile or portable radio communication.

General Order 41-5 Vehicular Pursuits

Page 6

3. If an officer receives an order to terminate a pursuit, he or she shall do so immediately, reporting his/her final location, the final location and direction of travel of the suspect vehicle, together with any other information that may assist in apprehension at a later date.

4. A pursuit shall be terminated if the police officer knows or is reasonably certain, that the fleeing motor vehicle is being operated by a juvenile and the suspected offense is not a violent felony.

G. Reporting of Pursuits 1. When a member of the Department is involved in a pursuit, a report shall be submitted to the Shift Commander detailing the specifics involved. This shall include the reason for pursuit, the route(s) taken, and the location where the pursuit began and ended. This report shall be submitted without undue delay.

2. As soon as the Shift Commander receives the pursuing officer’s report, he/she shall travel the route of the pursuit with the officer, noting the conditions along the route including, traffic control devices, posted speed limit, weather conditions, visibility, amount of vehicular and pedestrian traffic, lighting, number of intersections, and all other pertinent information. The Shift Commander shall promptly submit a report to the Deputy Chief detailing this information together with the reason he authorized and/or terminated the pursuit.

3. The Deputy Chief shall review the report to determine whether police personnel complied with the provisions of this policy and to evaluate the need for additional training.

4. Prior to leaving duty, the Shift Commander shall request, through the SupervisorIn-Charge of Communications, a copy of the audio recording of the pursuit. The Supervisor-In-Charge of Communications shall forward the recording(s) directly to the Deputy Chief of Police.

5. Prior to leaving duty, the Shift Commander shall request, through the Traffic Division Supervisor, a copy of the in-cruiser DVD’s from all vehicles involved in the pursuit. The Traffic Division Supervisor shall forward the recording(s) directly to the Deputy Chief of Police.

H. Inter-jurisdictional Pursuits 1. Officers will not become involved in a vehicle pursuit initiated by an outside agency unless assistance, as opposed to notification, has been specifically requested by that agency through Communications and a supervisor from this agency has approved the request.

2. Supervisors shall not approve the request to assist an outside agency in a pursuit if the facts and circumstances do not meet the pursuit criteria established by this General Order 41-5 Vehicular Pursuits

Page 7

policy. Furthermore, assistance shall be terminated if and when the pursuit criteria established herein are not maintained at any time during the course of the outside-agency pursuit.

3. When a pursuit from an outside agency enters this jurisdiction, the dispatcher shall, to the extent possible, advise that agency of relevant considerations such as special events or road conditions that may impact vehicle and/or pedestrian traffic.

4. Officers will not be permitted to continue their pursuit into a neighboring community when, following a request for assistance, the law enforcement agency in that community has declined to render assistance.

5. The supervisors of the respective police agencies involved in the pursuit shall communicate with each other to determine the respective responsibilities of each police agency and to determine which police agency will assume primary operational control of the pursuit. The supervisors shall also communicate with each other regarding any external conditions pertinent to the continued conduct of the pursuit.

I. Annual Reports Annually, the Deputy Chief shall conduct a documented analysis of all pursuits that occurred in the agency for the preceding year. This analysis shall be forwarded to the Chief of Police for review of the agency practices and compliance with general orders. In accordance with Section 14-283a-1 to 14-283a-4, inclusive and section 14-283a of the Connecticut General Statutes Not later than January 31, 2020, and annually thereafter, each Chief of Police and the Commissioner of the Department of Emergency Services and Public Protection shall submit an annual report to the Police Officers Standards and Training Council regarding pursuits by police officers, on the standardized form developed and promulgated by POSTC. Additionally, pursuant to General Notice 18-06 of the Police Officer Standards and Training Council, each time an officer engages in pursuit the officer shall complete the appropriate state form and thereafter cause the form to be transmitted to the state for review. The records division shall ensure that the form is transmitted.

J. Vehicle Pursuit Training Police officers who drive police vehicles shall be given initial and biennial update training in the agency’s pursuit policy and in safe driving tactics. The provisions of Sections 14- 283a-1 to 14-283a-4, inclusive, of the Regulations of Connecticut State Agencies shall be a part of the curriculum for all police basic recruit-training and recertification programs in Connecticut.

General Order 41-5 Vehicular Pursuits

Page 8

Pursuit Training Programs shall consist of: a. Knowledge of applicable statues b. Court decisions impacting police pursuits c. Department policy d. Supervisory and individual responsibilities in a police pursuit e. Reporting requirements f. Inter-jurisdictional considerations g. Pursuit driving skills and techniques.

AUTHORIZED BY:

______________________________ William J. Wright Date Chief of Police

General Order 41-5 Vehicular Pursuits

_______________

Page 9