Assessing the Police - Part 19 - Evaluating Police Pursuits

The goal of an officer engaged in a pursuit is simple, to apprehend and arrest the suspect. To accomplish this goal the officer must respond to the suspects actions with a balanced approach. The officer must be aware of personal and vehicle capabilities, environmental conditions, the risk created by the suspect’s driving to name a few. The California Legislature has found and declared that thousands of crime suspects flee from the police each year, often resulting in law enforcement officers in California engaging in motor vehicle pursuits. Many pursuits result in accidents, property damage, serious injuries, and death to innocent third parties, peace officers, and fleeing suspects. According to a study by the CHP, traffic collisions occurred in 26.5% of pursuits, with 1.4% of those collisions resulting in a fatality (CHP, 2018). Due to the danger involved, California Penal Code section 13519.8 requires the Commission on Peace Officer Standards and Training (POST) to establish guidelines and training for law enforcement’s handling of vehicle pursuits, and the law mandates the California Highway Patrol to keep statistics on pursuits.

In 1993, the State of California passed Senate Bill 601 which added section 13519.8 to the Penal Code. This new section required the Commission on Peace Officer Standards and Training (POST) to establish guidelines and training for law enforcement’s response to vehicle pursuits. As a result, POST convened representatives from more than 120 law enforcement agencies to share their experience and suggestions in the development of the POST pursuit guidelines and best practices. The guidelines were approved by the commission and published in 1995.

In 2005, Senate Bill 719 was passed and signed into law by Governor Schwarzenegger. Senate Bill 719 expanded penal code section 13519.8 and the related vehicle code section 17004.7, which provides public agencies immunity from civil liability resulting from vehicle pursuits. Agencies must adopt and annually train their peace officers on a pursuit policy that addresses each of the pursuit guidelines from Penal Code 13519.8 in order to qualify for immunity. POST again assembled law enforcement trainers and executives to review and update the 1995 guidelines. This update provides “factors to consider” and “additional resources” including case decisions and publications relevant to law enforcement pursuits. The law also requires the Commission to prepare training concerning the law enforcement response to vehicle pursuits. In addition to training currently presented in the Regular Basic Course, specifications have been developed for in-service, management, and executive training.

The bill resulted in changes to Penal Code 13519.8 and Vehicle Code §17004.7 et al., which established guidelines and minimum standards for any agency wishing to avail itself of the immunity specified in Vehicle Code §17004.7. The Commission intends these guidelines to provide a resource for each executive to use in the creation of a specific policy the agency will adopt that reflects the needs of the agency, the community it serves, and contemporary law. The law also requires the Commission to prepare training on law enforcement’s handling of vehicle pursuits. In addition to training currently presented in the Basic Course, specifications have been developed for in-service, management, and executive training.

The guidelines describe each area an agency’s pursuit policy must address to claim immunity. Where an agency’s policy does not adequately address these subjects, that agency may not have immunity protections afforded by the Vehicle Code.

1)?????Pursuit Defined Balance Test – Factors to consider:

Public safety; nature of offense and apparent circumstances; officer safety; vehicle code requirements; passenger in officer’s vehicle (e.g., citizen, witness, prisoner); pedestrian and vehicular traffic patterns and volume; other persons in or on pursued vehicle (e.g., passengers, co-offenders, hostages); location of the pursuit (e.g., school zone, playground, residential, downtown, jurisdiction); time of day; speed of fleeing suspect; weather and visibility road conditions; identity of offender (if known)/offender can be located at a later time; capabilities of law enforcement vehicle(s); ability of officer(s) driving; availability of additional resources; whether supervisory approval is required; officer’s/supervisor’s familiarity with the area of the pursuit; and quality of radio communications (e.g., out of range, garbled, none).

2)?????Number of Involved Law Enforcement Units

Research has shown that the more law enforcement units actively participating in a pursuit increases the likelihood of a collision. The policy should describe the number and types of law enforcement vehicles authorized to engage in pursuit at any one time. Such units may include the primary, secondary, supervisor, and other agency authorized units. Public safety should be the foremost consideration when determining the number of units permitted. Determine the total number of law enforcement vehicles authorized to participate in a pursuit. Establish the authorized number of law enforcement units and supervisors who may be involved in a pursuit. Some factors to consider include the type of units (marked/unmarked, motorcycles, canine, etc.) authorized to participate in a pursuit, tactics and techniques authorized for units approved to “trail” or parallel a pursuit (e.g., traffic control in advance of the pursuit), number of suspects in fleeing vehicle, number of officers per unit/vehicle, nature of violation/suspected offense, characteristics of the location/area, availability of air support, ?availability of assisting agencies/jurisdictions, and traffic conditions.

3)?????Responsibilities Of Primary and Secondary Law Enforcement Units

Penal Code 359.8(b)(3) and Vehicle Code 7004.7(c)

The responsibility of each authorized unit engaged in pursuit may change depending on the circumstances. Describe the responsibility of each authorized unit and the role of each peace officer and supervisor and specify if and when additional units are authorized. Factors to consider include the role of officer(s) and/or supervisor(s) regarding: initiating a pursuit, continuing or terminating a pursuit, changing roles in a pursuit (primary to secondary), taking over a pursuit as the primary unit or agency, joining a pursuit in progress, driving tactics, capabilities of law enforcement vehicle(s), ability of officer(s) driving, communicating with other officer(s), dispatch and supervisor(s), operational responsibility for the pursuit, and conditions for authorizing additional units.

4)?????Driving Tactics

Penal Code 1319.8(b)(4) and Vehicle Code 17004.7(c)

The decision to use or not use specific driving tactics requires the same assessment considerations discussed in the guidelines concerning pursuit initiation, continuation, and termination. It represents balancing what is known and/or reasonably suspected and the need for immediate capture against the risks to the public and officers. Vehicle Code 21055 (Exemption of Authorized Emergency Vehicles), 21056 (Effect of Exemption), 21806 (Authorized Emergency Vehicles), and 21807 (Effect of Exemption) identify issues to be considered when developing and applying a pursuit policy related to driving tactics. These sections describe the exemptions conferred upon authorized emergency vehicles engaged in specific activity; provide for exemption to the rules of the road under certain circumstances; and place limits on the various exemptions. Factors to consider include spacing (distance between vehicles), intersection analysis/management, caravanning (number of units in line), passing, paralleling, trailing, and use of emergency equipment.

5)?????Air Support

Penal Code 359.8(b)(5) and Vehicle Code 7004.7(c)(8)

Aircraft can provide valuable assistance to the units and supervisor(s) involved in a pursuit. Where air support is available during a pursuit, a policy should contain procedures to facilitate coordination by the air unit and the ground law enforcement units. An aircraft is not defined as an authorized emergency vehicle in the California Vehicle Code and should not be described as a pursuit vehicle. Determine the role of air support, where available. Air support shall include coordinating the activities of resources on the ground, reporting on the progress of a pursuit, and providing peace officers and supervisors with information to evaluate whether or not to continue the pursuit. Factors to consider include communications, intersection/traffic analysis, Illumination (use of spotlight), surveillance tactics, weather, number of air units, and aircraft safety.

6)?????Communications

Penal Code 359.8(b)(6) and Vehicle Code 7004.7(c)(3)

The policy should describe communications requirements related to initiating, continuing, terminating, and concluding a pursuit.

7)?????Capture of Suspects

Penal Code 359.8(b)(7) and Vehicle Code 7004.7(c)(0)

The safety of the public and officers during the law enforcement effort to capture an offender is a consideration when a pursuit concludes. The apprehension and capture of a suspect must be done in accordance with state and federal law as well as department policies and procedures. The policy should identify the person in command at the apprehension location. The policy may also designate the persons responsible for removing the offender from, and restoring order to, the scene of the pursuit termination or the location where the offender is taken into custody. “Post-pursuit discipline” (officer restraint) is important at the conclusion of a pursuit. Departments should refer to their use of force policy in determining procedures for taking a suspect into custody.

8)?????Continuation or Termination of Pursuit

Penal Code 359.8(b)(8) and Vehicle Code §7004.7(c)(9)

The policy should describe the issues to be considered by an officer and supervisor in the decision to continue or terminate a pursuit. The “Balance Test” should be used as a guide in making the determination.

9)?????Supervisory Responsibilities

Penal Code 359.8(b)(9) and Vehicle Code 7004.7(c)(4)

The policy should describe the procedures for assigning supervisory responsibility for the monitoring, management, and control of a pursuit, assessment of a pursuit, and assessing risk factors associated with a pursuit if a supervisor is available. As with any critical law enforcement incident, it should not be necessary for the supervisor to be present in order to begin exercising management and control of a pursuit. Active participation may refer to monitoring the pursuit from another location or participating in the pursuit as an authorized unit. Determine the role of the supervisor in managing and controlling a pursuit. Supervisory responsibility shall include management and control of a pursuit, assessment of risk factors associated with a pursuit, and when to terminate a pursuit. Factors to consider include review of the violation/justification for the pursuit, compliance with department policy, number of involved law enforcement units permitted, responsibilities of primary and secondary law enforcement units, driving tactics, air support, communications, pursuit intervention tactics, speed, interjurisdictional considerations, conditions of the vehicle, driver, roadway, weather, and traffic hazards to uninvolved bystanders or motorists.

10)?Pursuit Intervention

Penal Code §359.8(b)(0) and Vehicle Code §7004.7(c)(6)

The policy should describe the factors to be considered by officers and supervisors in making the decision to apply authorized intervention tactics. It should recognize the risks to the public and officers in the application of these tactics, and the application of each authorized tactic should be reasonable in light of the circumstances confronting the decisionmaker(s) at the time of the decision. Policy considerations concerning the approval of, and type of, specific tactics to terminate a pursuit should include balancing the potential hazards arising from the use of each tactic and the possible risks to the public, officers, and persons in or on the pursued vehicle. Additional methods of intervention may include “PIT” (Pursuit Intervention/Immobilization Technique), spike strips, technology (e.g., GPS/remote control), and the use of firearms. Determine authorized pursuit intervention tactics. Pursuit intervention tactics include, but are not limited to, blocking, ramming, boxing, and roadblock procedures. The policy shall specify under what circumstances and conditions each approved tactic is authorized to be used.

11)?Speed of Pursuit

Penal Code 359.8(b) and Vehicle Code §7004.7(c)(7)

Pursuits can occur at any speed. A policy should provide direction to officers, supervisors, and managers to guide decisions regarding speeds throughout a pursuit. Reasonableness is recognized as a general standard for guiding officers’ discretion concerning the speeds of a pursuit. Factors which may be considered by the officer(s) and supervisor(s) to determine reasonable speeds, in view of the circumstances and environment of each pursuit.

12)?Interjurisdictional Considerations

Penal Code 359.8(b) and Vehicle Code §7004.7(c)

The policy should describe the issues to be considered by an officer and supervisor related to involvement in interjurisdictional pursuits and requesting interjurisdictional law enforcement resources during a pursuit. The policy should describe procedures that guide officers’ and supervisors’ decisions when faced with the need or a request for interjurisdictional cooperation during a pursuit. Developing an interjurisdictional pursuit agreement that addresses the below factors and other factors unique to a county or region, may facilitate awareness by officers and supervisors of the pursuit procedures that may be used by other agencies.

13)?Conditions of the Vehicle, Driver, Roadway, Weather and Traffic

Penal Code 359.8(b)(3) and Vehicle Code 055-056

Evaluation should take into consideration public safety, peace officer safety, and safety of the occupants in a fleeing vehicle. Improperly maintained vehicles are more likely to experience mechanical failure. Officers must be aware that physiological and psychological factors affect driving ability. Roadway conditions, including weather and traffic, should be factored in pursuit decision-making

14)?Hazards to Uninvolved Bystanders or Motorists

Penal Code 359.8(b)(4) and Vehicle Code 055-056

It is the intent of these guidelines to minimize the risks to innocent bystanders in pursuits. Hazards to uninvolved bystanders or motorists during the law enforcement effort to capture a suspect are a constant factor during pursuit. Doubt concerning the propriety of a pursuit should be resolved in favor of minimizing hazards to uninvolved bystanders or motorists. The policy should describe the factors to be considered by an officer and supervisor in the decision to initiate, continue, or terminate a pursuit. The policy should remain consistent with applicable federal and state statutes, and case law relative to law enforcement pursuits.

15)?Reporting and Post-Pursuit Analysis

Penal Code 359.8(b)(5) and Vehicle Code §7004.7(c)

Agency policy shall comply with Vehicle Code §14602.1. The completed form (CHP 187A) will be submitted to the California Highway Patrol within 30 days. Further post-pursuit analysis can assist in the overall management of pursuits, policy development and implementation, and identify trends and training needs.?

Training

One of the most significant way officers in California receive their annual pursuit update is via the POST learning portal. To provide this training to your agency you will want to designate someone in your training unit as a learning portal administrator. Once that person completes the application and is granted access, they can develop and assign the pursuit update class which will keep your agency within policy per SB719. The materials available include:

Vehicle Pursuit Policy Customization Module & Self-Paced Course:

?SB719 Pursuit Policy Training Mandate

?2 Parts: Customization Module & Course (2 CPT)

?Customization module requires LP Admin Access

?Agency completes the customization module questionnaire and is responsible for any updates as needed

?Text of the questions and selections can be downloaded in Excel or PDF format if needed