Transcript ROCHESTER POLICE DEPARTMENT

BRIGHTON POLICE
DEPARTMENT
PURSUIT DRIVING
WHY A CHANGE
IN POLICY?
CONCERN OVER
INJURIES AND DEATH
According to Rochester
Police Department figures
• From 1995 to present, 28%
of pursuits ended in an
MVA.
• From 1995 to present, 25%
of those MVA’s or 1 out of
every 30 pursuits ended with
an injury or death. Recently
the trend is rising.
PROPERTY DAMAGE
• 28% of pursuits end in
MVA’s
• Out of 445 pursuits from
1996 to present, there were
11 police pursuit accidents.
• $63,138 in damage to police
vehicles in the past 4 years.
• No calculation on damage
to civilian vehicles,
buildings, objects, etc.
LIABILITY
• $158,210 paid out in civil claims
since 1997. Information not
available for 1996 and 1995. The
trend shows a steady increase in payouts.
• Information not available for cost of
medical treatment, benefits and pay
for officers injured during pursuits.
NATIONAL TREND
• Courts have held police less culpable (Lewis
vs. Sacramento), but the numbers of
injuries and property damage have
increased as well as civil liability payments.
• Trend has been to move toward “Limited
Chase” policy or “NO Chase Policy”. Our
department is adopting a “Limited Chase
Policy”.
• LEC and other Monroe County Police
Departments are following this model.
BRIGHTON POLICE
DEPARTMENT
THE “DEPARTMENT” IS COMFORTABLE
WITH THE POTENTIAL LIABILITY,
SCRUTINY AND POTENTIAL LOSS OF
RESULTS BY INSTITUTING A LIMITED
CHASE POLICY AS OUTLINED IN THIS
TRAINING.
PURSUIT
“An attempted apprehension by a police officer
operating an emergency equipped police
vehicle, of occupant(s) of another motor
vehicle, whose operator refuses to comply with
a lawful directive to stop and attempts to flee or
takes other evasive action.”
WHEN DOES A
PURSUIT BEGIN?
WHEN THE EMERGENCY EQUIPMENT OF
AN OFFICER’S VEHICLE IS ACTIVATED IN
AN ATTEMPT TO STOP THE VEHICLE
AND THE SUSPECT REFUSES TO STOP
AND ATTEMPTS TO FLEE OR IS
EVASIVE IN HIS ACTION
WHAT ISN’T A
PURSUIT?
FOLLOWING A VIOLATOR WITH
EMERGENCY EQUIPMENT WHO DOES
NOT ATTEMPT TO FLEE OR TAKE
EVASIVE ACTION
TRYING TO CATCH-UP TO A VEHICLE
THAT HAS NOT ATTEMPTED TO FLEE
DETERMINE BENEFIT
TO THE PUBLIC
HOW IMPORTANT IS IT TO
THE SAFETY OF THE
PUBLIC TO APPREHEND
THE SUSPECT?
REASONS TO INITIATE
A PURSUIT
WHEN AN OFFICER HAS
ARTICULATABLE REASONABLE
SUSPICION TO BELIEVE THAT AN
OPERATOR AND/OR PASSENGER(S), IN A
VEHICLE, WAS ATTEMPTING TO COMMIT
OR HAS COMMITTED ONE OF THE
OFFENSES LISTED IN APPENDIX A
REASONABLE
SUSPICION
CIRCUMSTANCES AND/OR INFORMATION
TO FORM A BELIEF IN THE MIND OF A
REASONABLE PERSON THAT AN
INDIVIDUAL MAY HAVE ATTEMPTED TO
COMMIT OR HAD COMMITTED AND
OFFENSE.
THIS IS NOT THE SAME AS PROBABLE CAUSE.
AT THIS TIME, AN OFFICER MAY NOT HAVE ENOUGH
INFORMATION FOR AN ARREST, AN OFFICER MAY ONLY
SUSPECT THEY ARE INVOLVED.
APPENDIX “A”
•
•
•
•
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•
•
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•
Murder/Manslaughter
Forcible Rape/Sodomy
Robbery
Kidnapping/Unlawful Imprisonment
Felony Assault
Burglary in progress or immediate flight therefrom (not to
include Burglary 3rd)
Arson
Felony Criminal Possession or Use of a Weapon or Menacing
with a Firearm
A-1 Drug cases
“Wanted People” if they are wanted for any of the above
crimes
Fleeing the scene of an MVA with personal injuries
. . . or, Exigent Circumstances, with the
permission of a supervisor/command officer
*An exigent circumstance involves an incident where the
apprehension of a fleeing suspect, while not falling into a
listed crime category, is of an equally serious nature and the
apprehension of the suspect outweighs the risks associated
with the pursuit. A supervisor/command officer must
clearly document the exigent circumstance that lead to
permission to pursue.
A PURSUIT IS NOT
AUTHORIZED
When an officer does not have
reasonable suspicion to believe a
person has attempted to commit
or has committed those offenses
listed in Appendix “A”
WHAT ABOUT?
• VEHICLE AND TRAFFIC LAW VIOLATORS If there isn’t any
reasonable suspicion to believe that they were attempting to
commit or have committed an offense in Appendix “A” and all the
officer has is V&T, a pursuit will not be authorized:
– 58% of Pursuits are for V&T only
– 29% of those pursuits end in MVA’s
– Risk of the chase outweighs the benefit
• STOLEN VEHICLES If there is no reasonable suspicion to link
the operator or occupant(s) of the stolen vehicle to a crime or
attempted crime contained in Appendix “A”, a pursuit is not
authorized:
– A lot of reported stolen vehicles are due to “Geeker” deals
– Almost 36% of pursuits involving a stolen vehicle end in an
MVA
WHAT ABOUT?
• PEOPLE WITH OUTSTANDING WARRANTS. If the
warrants are for offenses in Appendix “A”, a pursuit
may be considered. If not, it will not be authorized.
• OTHER “WANTED PERSONS.” If the package is for
offenses in Appendix “A”, a pursuit may be considered.
If not, it will not be authorized.
• POSSIBLE DWI VIOLATORS. If there is no
reasonable suspicion that an offense in Appendix “A”
has been committed, a pursuit will not be authorized.
• PEOPLE WHO COMMIT DOMESTIC LAW
OFFENSES OR ARE SUBJECT TO CRIMINAL
CONTEMPT CHARGES. If there isn’t an offense
listed in Appendix “A” (like a felony assault AND
Criminal Contempt) a pursuit will not be authorized.
WHAT ABOUT?
• “DETAILS”, the ones where officers are searching for suspects
who are committing multiple crimes. If there is articulable
reasonable suspicion to believe that the person being pursued
was about to commit or has committed an offense in Appendix
“A”, then the pursuit may be considered.
• OFFENSES NOT LISTED IN APPENDIX “A”. Not
authorized.
• BURGLARY CHARGES, such as a “Wanted Package”. If there
is a charge like Robbery or Felony Assault along with it or there
is reasonable suspicion to believe that it was being attempted or
had been committed and/or the perpetrator is in flight
therefrom, then a pursuit may be considered. If not, it is
considered a property crime and it will not be authorized.
A PURSUIT IS NOT TO BE
CONTINUED WHEN:
THE RISKS OUTWEIGH THE
BENEFITS
HIGH BENEFIT
Aggravating or
Mitigating
Circumstances will
determine whether to
continue or terminate
the pursuit
Active Violent
Serious Physical Crime
Physical Crime
Property Crime
Pursuit will not take
place
Non-serious Offense
LOW BENEFIT
PURSUIT CONTINUUM
BENEFIT
RISK
Extreme or too
ACTIVE VIOLENT CRIME
Very
or HOSTAGE SITUATION
High
SUSPECTED OR WANTED
SERIOUS VIOLENT CRIME
High
A-1 DRUG CRIMES
MVA H&R with INJURIES
PHYSICAL CRIME
Medium
MANY, not worth it at
any cost
The risk to the police
and public must not
outweigh the benefit of
capture. This must be
continuously evaluated
by weighing aggravated
and mitigating
circumstances
DWI’s
NON-SERIOUS OFFENSES
(includes stolen vehicles)
Mild
UNAUTHORIZED USE
MINOR V&T
“DOESN’T SEEM RIGHT”
Low
Doesn’t matter, risk
to the public
outweighs the benefit
of apprehension
AGGRAVATING
CIRCUMSTANCES
•
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Firearm involved
Known violent history
Violent crime will continue
Mental state of suspect (suicidal or
homicidal)
Extenuating suspicious condition
Destruction of evidence in a violent crime
Vehicle used in a violent crime
Known suspect unable to be located
MITIGATING
CIRCUMSTANCES
• Suspect known or unknown
• Will the suspect be able to be located
later
• Suspect unarmed
• Uninvolved passengers
• Children on board
• Crime will not continue
• Resources available
“RISK to the PUBLIC”
What level or risk does the
pursuit present to public
safety?
RISK VARIABLES
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SPEED
THE AREA or NEIGHBORHOOD
SUSPECT’S VEHICLE CONDITION/TYPE
PEDESTRIAN VOLUME
TRAFFIC VOLUME
WEATHER/ROAD CONDITIONS
SUSPECT’S DRIVING BEHAVIOR/CONDUCT
OFFICER’S DEMEANOR
POLICE VEHICLE CONDITION
UNMARKED VEHICLES
WILL NOT BE USED IN
PURSUITS
• Marked Patrol Units may not be able to
differentiate between the unmarked police unit and
the suspect vehicle
• Unmarked vehicles are not designed for chases
• Pursued person has a defense that he didn’t know it
was the police
• Civilians cannot differentiate or be alerted
• Sometimes unmarked units do not carry radios
CONTINUE TO MAKE VEHICLE
STOPS.
IF A PURSUIT BEGINS, BE ABLE
TO ARTICULATE WHY YOU ARE
PURSUING THE VEHICLE
IF YOU CAN’T ADVISE YOUR SUPERVISOR WHY
YOU’RE PURSUING IT, THEN IT WILL BE:
TERMINATED
“7” CRITICAL TASKS of
POLICE PURSUIT
1. SECURE THE RADIO FREQUENCY
2. IDENTIFY DIRECTION/PURSUING VEHICLE
3. ESTABLISH REASON/BENEFIT OF PURSUIT
4. SUPERVISOR ACKNOWLEDGE MONITORING
5. OFFICERS AND SUPERVISORS ASSESS TO
EITHER CONTINUE OR TERMINATE
6. IF CONTINUE, CONSIDER RISK VARIABLES
7. CONTINUE TO EVALUATE PURSUIT AND/OR
EMPLOY OTHER TACTICS/STRATEGIES
SECURE THE
FREQUENCY
Advise OEC that you either are trying to
“catch up to”, “following with failure to stop”,
or you’re “in pursuit” and to hold the air
THE PURSUIT WILL STAY ON THE MAIN
FREQUENCY UNTIL/UNLESS OEC DIRECTS
OTHERWISE
ARTICULATING THE
INITIATION
• Identification of car number and direction of travel
• Vehicle color, model, style, type, and plate if known and
number of occupants and descriptions, if known
• Reason for pursuit - give some information to allow
supervisors to hear/understand the reasonable
suspicion or more (like known offender) of driver or
passengers who attempted to commit or have
committed offenses in Appendix “A”
• Weapons, if any
• Speed, vehicle and/or pedestrian traffic density
• The pursued person’s driving behavior (good or bad)
SUPERVISORS
• ASSUME RESPONSIBILITY PRIOR TO
OEC “VOLUNTEERING” YOU
• OEC WILL ASSIGN A SUPERVISOR IF
YOU DON’T TAKE CHARGE
• ADVISE OEC PROMPTLY AND
CLEARLY - “I’M MONITORING THE
CHASE”
• ASSESS SITUATION
ASSESSING THE
SITUATION
• Determine reason of pursuit, if not articulated in the
beginning, try to ascertain by asking the officer. If the officer
doesn’t know or can’t identify a reason - TERMINATE!
• Terminate if it does not comply with General Order 0002 and
direct alternate options, if possible.
• If it complies, confirm or determine RISK VARIABLES.
• If it complies, determine if there are any aggravating or
mitigating circumstances and continuously evaluate whether to
continue with the pursuit or terminate.
• Attempt to direct other tactics (ie-spikes, shutting off main
streets, etc.) without taking up too much air time.
RESPONSIBILITIES OF
SUPERVISORS
THE SUPERVISOR WHO ADVISES THEY ARE
“MONITORING THE PURSUIT” HAS
RESPONSIBILITY FOR IT’S MANAGEMENT UNLESS
RELIEVED BY A HIGHER RANKING AUTHORITY.
ANY BRIGHTON POLICE SUPERVISOR MAY
TERMINATE A PURSUIT IF THE RISKS OUTWEIGH
THE BENEFITS.
PURSUING UNITS
THERE SHOULD ONLY BE A
PRIMARY AND SECONDARY UNIT IN
DIRECT PURSUIT OF THE SUSPECT
VEHICLE.
“NO TRAINS”
ASSISTING UNITS
“What can you do?”
• Parallel side streets.
• Calculate where chase may be heading and
attempt to restrict non-involved traffic.
• Anticipate direction of chase and deploy
“spikes” and advise officers involved.
• Determine locations, if known, where
suspect(s) may go and respond.
• Advise all units and supervisors of potential
hazards or RISK VARIABLES.
“TERMINATE”
IT MEANS TO CEASE OR STOP
THE PURSUIT IMMEDIATELY
TURN OFF YOUR EMERGENCY
LIGHTS, SLOW YOUR
VEHICLE DOWN, AND RETURN
TO NORMAL DRIVING.
WHEN TO TERMINATE?
• When risks outweigh the benefits that may be
gained. Your life or the life of another means
more than a V&T ticket or a minor offense
arrest.
• The pursued vehicle is only wanted for V&T
violations.
• For any offense not covered by Appendix “A”
WHEN TO TEMINATE?
(cont’d)
• There are mitigating circumstances that allow
later apprehension.
• A direct order by a Supervisor to terminate.
• An order by another supervisor of another
jurisdiction that the pursuit extends to.
• It is no longer known where the suspect is
• When radio contact is lost.
• When officer doesn’t know where they are.
ACKNOWLEDGE THE
TERMINATE ORDER
Similar to acknowledging a “35” from the
dispatch on a routine assignment.
“Brighton 772, 10-4, I’m terminating.”
UNACCEPTABLE
DO NOT “KEY THE MIKE”. If you’re keying the
“mike” then there are only two reasons for it:
You are in the “BLACK” zone and you are
“white knuckling” the microphone - very
dangerous for you, other officers, and the
public, or
You are doing it intentionally and trying
to keep a supervisor from terminating a
chase that you probably shouldn’t be
involved in.
WHAT IF ANOTHER
JURISDICTION COMES
INTO BRIGHTON?
BRIGHTON POLICE WILL GET INVOLVED
ONLY IF IT FITS BRIGHTON POLICE
DEPARTMENT POLICY
IF IT DOESN’T, WE CAN STILL ASSIST BY PARALLELING,
BLOCKING OFF MAIN THOROUGH-FARES, ANTICIPATING
ACTION, ETC.
POST PURSUIT REPORT
• MUST be filled out by a supervisor.
• ALL officers involved in the pursuit will
complete an addendum to document their
actions in the chase.
DOCUMENT “WHAT YOU DID”
• What roads you paralleled on
• Streets you blocked
• Spikes you utilized
• Other significant actions
WHAT HAPPENS AFTER
A “TERMINATE”?
• If there are ANY solvability factors that could lead to the
apprehension of the individual who fled, Officers are
encouraged to follow those leads in order to apprehend
the violator and “Make an arrest”. This can be
documented on a Crime report to follow-up like any
other crime.
• If there are no solvability factors, then an FIF may be
appropriate.