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HomeMy WebLinkAbout91-094RESOLUTION NO. 91-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE VEHICLE PURSUIT POLICY OF THE SANTA ANA POLICE DEPARTMENT 371 Whereas, the Santa Ana Police Department has implemented a vehicle pursuit policy referenced by California Vehicle Code Section 17004.7; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon review of the policy submitted to the Council, this Council finds and determines that the policy substantially complies with the requirements of California Vehicle Code Section 17004.7 in that: (a) The policy pro~ides for supervisory control of the pursuit. (b) The policy provides procedures for designating the primary pursuit vehicle and for determining the total number of vehicles permitted to participate in the pursuit. (c) The policy provides procedures for coordinating operations with other jurisdictions. {d) The policy provides proper guidelines for determining when the interests of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated. 2. The attached vehicle pursuit policy, Departmental Order No. S09, is adopted by the City Council of the City of Santa Ana. ADOPTED this 7th day of COUNCILMEMBERS: October , 1991 Daniel H. Young Mayor APPROVED AS TO FORM: Young Aye Pulido ~:~nt Acosta Aye Griset Aye McGuigan Aye Norton Aye Richardson Aye City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~/- D~ to be the original resolution adopted by the City Council of the City of Santa Ana on .Cz~e~. ~_t~? %ouncil, Date City of Santa Ana REVISED 8-30-9 SANTA ANA POLICE D~ARTMENT DEPARTMEIT~ALORDERNO. 509 PURPOSE: To establish Department policy and procedure regarding vehicle pursuits by outlining responsibilities and duties of department members involved in pursuits; and to establish guidelines to assist members in deciding a course of action when involved in a pursuit; and to reduce potential hazards to the public and pursuing members generated by police pursuits of fleeing s~spects; and to enhance the professional image' of police personnel to the public, which is frequently critical of high speed pursuits. POLICY REGARDING DECISION TO muKSUE: Pursuits are normally initiated when, in the officer's Judgement, the individual clearly exhibits an intent to avoid arre.~t by. using a vehicle to flee. Often pursuits originate from infraction or misdemeanor violations and this factor should be consid~red in the officer's decision to pursue or not to pursue. 'The objective of a pursuit is to apprehend a viola%or%who refuses to voluntarily comply with the law requiring him to s~op. The intent of the pursuit is that the subject(s) will be apprehended and brought to trial for the offense(s) co~umitted. The officer is never justified in arbitrarily using the highways with a willful and wanton disregard for the safety of himself/herself or others in accomplishing this objective. In determining whether to initiate a pursuit the officer must also follow the standards related to public safety: Departmental Order No. 509 Page 2 "Leqalitv of Officers' Actions" A peace officer driving a vehicle must comply with n6r~al "rules of the road" governing driving. The officer is exempt from following these rules wh'ile driving in response to an emergency call or in i~mediate pursuit of an actual or suspected violator of the law and the vehicle is sounding a siren and displaying a lighted red lamp visible from the front (Vehicle Code Section 21055). The exemption from following normal "r~les of the road" does not relieve the'driver of a vehicle from the duty to drive with due regard for the safety of persons using the highway or protect an officer from the consequences of an arbitrary exercise of the privilege exempting the officer from normal driving rules (Vehicle Code Section 20156, 21807). PROCEDURE: I US~ OF E)u~GENCY F~U/PMENT Pursuant California Vehicle to Code, emergency lights and siren ~hall be used on all vehicle pursuits at all tim~s. If for any, reason the emergency equipment fails, the pursuit must be discontinued by the unit experiencing the failure, or be continued Code One. II INITIATING A PURSUIT A. Officers intending to stop a vehicle should '~e in close proximity of the violator's ve~icle before, activ~ting the emergency lights and attemptlng to stop ~he vehicle. This may tend to reduce the violator's temptation to evade police contact. Officer should assess the driving conditions and determine if he/she can pursue with due regard for the safety of others. Factors to consider are: Traffic/Roadway Conditions - Is the area congested with vehicular traffic and/or pedestrians. Equipment - Is the police vehicle in good repair and capable of continuing safely. Weather Conditions - Bright sun could affect other motorists visibility; rain conducive to hydroplaning; hot weather and oil could cause loss of control. Departmental Order No. 509 375 Page 5 V UNMARKED UNITS AHD MOTORCYCLES If an unmarked unit or motorcycle initiates a pursuit it is to assume a support role when a four-wheel marked unit is in position to assume the role of the primaryu~it. The.u~marked ~nit or motorcycle should proceed to tube termination point of the pursuit at a .lawful speed. Helicopters can provide valuable information to pursuing units such as upcoming traffic congestion, hazards or other factors which might endanger, the safety of the officer or the public. The pursuing officer may relinquish the responsibility of~'calling the pursuit to a helicopter unit. The p~rsuing officer may relinquish the pursuit to a h~icopter unit if the circumstances indicate the helicopter can maintain surveillance while 'ground units deploy for apprehension. Often'this action makes high- speed chases on the ground unnecessary as fleeing suspects may slow down if they believe the pursuingunits have abandoned the chase. VII PURSUITS INTO OTH":~ Ju~iISDICTIONS A. When a pursuit extends into another area or Jurisdiction, the supervisor or the officer initiating the ~ursuit (if supervisor is not available) should determine if the other law enforcement agency should assume ~he pursuit. The following should be considered: .; 1. Distance involved; 2. Pursuing officers' familiarity with the new area; 3. Other known pertinent facts. If the pursuit is assumed by another initiating officer should proceed to.the point to provide information which may be the arrest. agency, the termination required for Departmental Order No. 509 Page 6 VIII PURSUITS FROM OT~R JurISDICTIONS INTO SARTAANA Notification by another agency of a pursuit in progress shall not be considered as a request to Joint he pursuit. Units shall not become involved in other agency pursuits unless requested to do so by one of the following: 1. Other agency involved in the pursuit; 2. The dispatcher; 3. Field supervisor. Requests for assistance directed to this agency should be reviewed and approved by the patrol supervisor. If[involved, we will assume the role of support unit(s) to' other agency pursuits by calling out progress of p~rsuit while the outside agency is in Santa Aha. We wfll not take over the pursuit merely because it is in our area. We will provide cover to the other agency w~ile in our area. While out of our area, we will prbvide cover until the agency from that jurisdiction arrives. IX COMMUNICATIONS CEI~'I'~K (DISPATC-R~) RESPONSIBILITY A. Maintaining communications with pursuing! unit(s), broadcasting information to other unite, and being aware of the direction of travel and location of ~he pursuit at all times. B. Informing the patrol supervisor immediately ~f a pursuit is initiated. C. Initiates a clear frequency for emergency traffic only. Notifying allied agencies and specifying if assistance is or is not requested by the pursuing %mit(s) and giving details as needed. If pursuit extend~ past City Limits, "Red Channel" will be used to coordinate activity with other agencies on the pursuit route. Providing back-up units and automated vehicle/suspect information. Departmental Order No. 509 , Page 3 Ability of Driver - Training and prior pursuit experience; physical or emotional limitations such as fatigue; reduced psychomotor coordination or visual acuity due to illness or medication. III CONTINUANCE OF PD~"UITS Be Law violators cannot be allowed to escape at will simply because there is some threat to the safety of others. Pursuit should be initiated and continued when such threat to safety is not out of proportion to the offense(s) involved; If there is a reason to believe the fleeing suspect(s) represents a serioUS ~hweat to public safety should they escape, pursuit should be continued even though the hazards are greater than normal. Officers are expected to use sound judgement in deciding wh~ther or not the threat to safety of further pursuit outweighs the-benefit to the public should the arrest be made. Under most circumstances pursuits should be discontinued when: 1. In the officer's opinion, a serious hazard is present to the public and/or pursuing officer(s) which overshadows the need to arrest/identify the fleeing suspect. 2. The pursued vehicle,s location is -~o longer definitely known. 3. The subject(s) can be identified to the point where later apprehension can be accompli~hed% 4. The officer is unfamiliar with the area and is unable to relay his/her location to the dispatcher and/or other responding units. Any of the required emergency equipment (including radio) ceases to function properly. 6. When instructed to abort by a supervisor or the .~ Watch Commander. Departmental Order No. 509 Page 4 PURSUIT UNITS Pursuits should be limited to two (2) units and a supervisor who is not directly involved but can monitor, follow and supervise the pursuit. If the supervisor feels additional units are needed he/she may direct additional units to assist in the pursuit, i.e. K-9 unit. All other officers should remain away from the pursuit and off the air but remain alert to its progress and location. The u~it initiating the pursuit shall b~ considered the primarypursuit vshicleunless otherwise directed by the supervisor. The initiating pursuit unit shall immediately notify the dispatcher that a pursuit is underway giving: 1.~ .The known.law violation or reason for the pursuit. Description of the suspect vehicle including license nt~mher if possible. Location and direction of travel. 4. Speed of the fleeing vehicle. The officer initiating the pursuit accountable for the following: 1. Number of 'occupants in the vehicle. shal.~ be held The conduct of the pursuit until relinquished to another unit or supervisor. Judicious operation of the vehicle during the pursuit. 3. The decision as to whether to continue or discontinue the pursuit. e Assumption of command at the termination point of the pursuit until the arrival of a supervisor. Secondary units joining the pursuit shall immediately notify the dispatcher that they are joining the pursuit and identify their unit. This unit may take over the communication duties, if in a position to do so, at the discretion of the primary unit. This unit is to be in a position to provide cover, if needed. Departmental Order No. 509 379 Page 7 X SUPERVISOR'S RESPONSIBILITY A. Upon being notified of the pursuit, the supervisor shall: Monitor the activity and determine the circUmStances involved. Terminate the pursuit if in his/her Judgement the hazards outweigh the benefit of a successful conclusion. Ensure that no more than the required or necessary units are involved in the pursuit. e Ensure that the proper radio frequency is being utilized and that communications are maintained with the pursuing unit(s). Ehsure that the affected allied agencies are notified. The supervisor shall proceed to the termination point if at'.all practical to provide guidance and the necessary supervision. If pursuit extended into other jurisdiction, units should return to City as soon as practical. It will be the responsibility of the field supervisor to document the circumstances surrounding the!,~ursuit on the daily sergeants log. If the pursuit results in an accident or injury, the field supervisor wi11~erequired to complete an administrative report diredted to the Chief of Police detailing the circumstances of the pursuit and the resulting accident. % The initiating officer and others deemed neoessary shall submit memoranda of the pursuit as.directed by their supervisor. XI STOPPING ~ ¥~miiCLE A. Ramming of fleeing vehicles should be avoided. Neither should attempts be made to run the pursued vehicle off the road. I~ the pursuing unit believes either of these steps are necessary, such action should only be taken in case of major felonies (i.e. PC 187) end then only if the character of the roadway, speeds involved, or hazards to other persons are considered and circumstances still justify such drastic action. Departmental Order No. 509 Page 8 Ce Establishing roadblocks is extremely hazardous and should be undertaken only as a last resort. Only in cases where the violator constitutes a continuing and major threat to the safety of others and other efforts have failed should ~he road be blocked. On freeways, roadblocks and slowdowns should be avoided unless absolutely necessary and only if specifically requested by pursuing units. Both the pursued and pursuing vehicles, as well as innocent motorists, are placed in serious jeopardy by slowing or stopping freeway traffic. If~ a roadblock is set, pursuing units (and other agmnc~es) must be made aware of its existence, and be given sufficient prior warning as to its location. T~e blocking of freeway exits or on-ramps is acceptable t~ preclude citizens from inadvertently driving into the path of the pursuit or to keep the pursued vehicle from returning to congested surface streets. XII ¥~/CLE OPERATION XIII Proper self-discipline and sound professional the key to a successful conclusion of a apprehension of evading suspects. ju~ement are pl/rsuit and ACCIDENTS DURING PU~UITS If pursuing units become involved in an accident, the accident should be investigated by the law enforcement agency having jurisdiction of the area in which the accident occurred. Officers involved in such accidents will adhere to procedures contained in this manual. XIV NOTIFICATION OF PATROL COMMANDER If any person is injured, or there is major property damage caused during a pursuit, the patrol supervisor shall see that the .patrol commander is contacted and advised as soon as possible. USE OF FIREARMS Firearms will be used only in accordance with the department policies governing their use (see Departmental Order No. 404). Departmental Order No. 509 Page 9 xV~I. PURSUIT GUIDELINES A. In all pursuit situations extreme caution should be practiced to provide the maximum amc%mt of protection for you, your partner, and the public. Particular care should be taken when involved in pursuit driving upon.. congested roadways. It is not the intent of this order to discourage officers from carrying out their responsibilities as to the apprehension of fleeing motorists; however, in all cases of high-speed driving the safety of yourself, your fellow officers, and members of the public should be kept uppermost in your mind. Safety: rules to be followed during emergency vehicle operation: 1. ' Drive with due regard for the safety of all persons ' using the highway. Keep your speed at a level which will enable you to avoid hazards which you anticipate by being alert and exercising due care. Keep your vehicle under control at all times. Don't follow immediately behind another yehicle and then suddenly sound 'the siren. The m~torist may rapidly apply his brakes. Don't pass on the right while using the l~ghts/siren unless no other course is available, and then only when you are reasonably sure that the car you are passing will not drive to the right as you are passing. When driving at high speed with red light and siren, keep near the center of the roadway so oncoming vehicles can see the red lights approaching. The law gives you the right-of-way when your siren and red lights are in operation, but you must give the motorist and pedestrian the opportunity to yield to you. Don't hesitate to ask for assistance. Work as a team and use the radio to advise of your route, speed, and suspect/vehicle description. Departmental Order No. 509 Page 10 9. If involved in an accident 'notify the patrol supervisor at once. Refrain from making statements pending the supervisor's arrival. PAUL M. WALTERS Chief of Police Indexed as: .Pursuit Policy .Policy on Pursuit .Vehicle Pursuit ~Pursuit - Definition .When to Pursue .Pursuit Procedure .Pursuit Units .Aborting a Pursuit .Reporting Pursuit Procedures .Pursuit Documents .Forcible Stops .Pursuit by Another Jurisdiction .Jurisdiction - Vehicle Pursuits