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HomeMy WebLinkAbout93-031 - Adopting a Revised Vehicle Pursuit Policy249 REL:mb 3/16/93 RESOLUTION NO. 93- 031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A REVISED VEHICLE PURSUIT POLICY FOR THE SANTA ANA POLICE DEPARTMENT. WHEREAS, the Santa Ana Police Department has implemented a revised vehicle pursuit policy pursuant to 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 revised policy submitted to the Council, this Council finds and determines that the revised policy substantially complies with the requirements of California Vehicle Code Section 17004.7 in that: (a) The policy provides 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 vehicle pursuit policy, Departmental Order No. 509, attached hereto as Exhibit A and incorporated herein by reference, is adopted by the City Council of the City of Santa Ana. 0 0 0 0 VPAGE 2 3. The vehicle pursuit policy previously adopted by this Council in its Resolution No. 91-094 is hereby replaced and superseded. ADOPTED this ~.9_t~day of APRIL · 1993. ATTEST: c. cuy Q/Clerk of the Council / Mayob~rel ~.' Youn~ / COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye Mills Aye Moreno _/ky_c_ Norton Aye Richardson Ave APPROVED AS TO FORM: 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 Aha on Council ~ate city of Santa Ana '251 S~%NT~ ~I¢]~ POLZCE DEP~q, RTICENT 93/1 DEP~q.RTH~NTAL ORDER NO. $0~ PURSUIT 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 suspects; and to enhance the professional image of police personnel to the public, which is frequently critical of high speed pursuits. POLICy REGZ~.DZNG DECISION TO PURSUE: Pursuits are normally initiated when, in the officer's judgement, the individual clearly exhibits an intent to avoid arrest by using a vehicle to flee. Often pursuits originate from infraction or misdemeanor violations and this factor should be considered in the officer's decision to pursue or not to pursue. The objective of a pursuit is to apprehend a violator who refuses to voluntarily comply with the law requiring him to stop. The intent of the pursuit is that the subject(s) will be apprehended and brought to trial for the offense(s) committed. 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 "Legality of Officers'. Aqtions". A peace officer driving a vehicle must comply with normal "rules of the road" governing driving. The officer is exempt from following these rules while driving in response to an emergency call or in immediate 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 "rules 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: USE OF EMERGENCY EQUIPMENT Pursuant to California Vehicle Code, emergency lights and siren shall be used on all vehicle pursuits at all times. If for any reason the emergency equipment fails, the pursuit must be discontinued by the unit experiencing the failure, or be continued Code One. INITIATING A PURSUIT officers intending to stop a vehicle should be in close proximity to the violator's vehicle before activating the emergency lights and attempting to stop the 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 could be conducive to hydroplaning; hot weather and oil could cause loss of control. 253 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. Seriousness of the Violation A relatively minor infraction may not warrant initiation of the pursuit, while the known or reasonably suspected commission of a felony is more likely to justify pursuit. In assessing the seriousness of the violation, officers must rely only upon the facts known to them at the time rather than speculation as to what other crimes the violator may have committed. III O0~TI~U~%NOE OF PURSUITS Pursuit should be initiated and continued when the threat to the safety of officers and/or to members of the public is not out of proportion to the offense(s) involved. A reasonable belief that the fleeing suspect(s) represents a serious threat to public safety should they escape may warrant continuation of a pursuit under conditions which might result in discontinuation of a pursuit for a lesser violation. Officers are expected to use sound judgement in deciding whether or not the threat to safety of further pursuit outweighs the benefit to the public should the arrest be made. In exercising this discretion, officers must place the safety of the public ahead of the apprehension of a suspect. B. Pursuits shall be discontinued when: It is reasonable to believe that a serious hazard is present to the public and/or pursuing officer(s) which overshadows the need to arrest/identify the fleeing suspect. Hazards which might warrant discontinuation of a pursuit include, but are not limited to: volume of vehicular and/or pedestrian traffic; speeds involved; time of day; weather and/or road conditions; and familiarity of involved officers with the area of pursuit. Departmental Order No. 509 Page 4 3. 4. 5. The pursued vehicle's location is no longer definitely known. The subject(s) can be identified to the point where later apprehension can be accomplished. Any of the required emergency equipment (including radio) ceases to function properly. When instructed to abort by a supervisor or the Watch Commander. IV PURSUIT UNITS Pursuits shall, unless otherwise directed by a supervisor, be limited to two (2) units. In addition, whenever possible a supervisor who is not directly involved shall 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. Unless directed by a supervisor to participate in the pursuit, all other officers shall remain away from the pursuit and off the air but remain alert to its progress and location. The unit initiating the pursuit shall be considered the primary pursuit vehicle unless otherwise directed by a 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. 2. Description of the suspect vehicle including license number if possible. 3. Location and direction of travel. 4. Speed of the fleeing vehicle. 5. Number of occupants in the vehicle. The officer initiating the pursuit shall, unless relieved of this responsibility by a supervisor, be held accountable for the following: 1. The conduct of the pursuit until relinquished to - 255 Departmental Order No. 509 Page 5 another unit or superVisor. Judicious operation of the vehicle during the pursuit. 3. The decision as tO whether to continue or discontinue the pursuit. Assumption of command at the termination point of the pursuit until the arrival of a supervisor. A secondary unit joining the pursuit, and other units as may be directed by a supervisor, shall immediately notify the dispatcher that they are joining the pursuit and identify their unit. The secondary 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. V UI~,fP~RKED UN~T~ ~ND ~OTORC¥CLES 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 primary unit. The unmarked unit or motorcycle should proceed to the termination point of the pursuit at a lawful speed. VI HELICOPTER 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. Therefore, where available, the police helicopter (if any) which is ordinarily utilized in police operations shall be notified of the pursuit and requested to respond. The pursuing officer may relinquish the responsibility of calling the pursuit to a helicopter unit. The pursuing officer may relinquish the pursuit to a helicopter 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 pursuing units have abandoned the chase. 256 Depa~Kme~aX O~de~ No. 50~ Page 6 VII PURSUITS INTO OTHER JURISDICTiONs ae When a pursuit extends into another area or jurisdiction the supervisor or the officer initiating the pursuit (if supervisor is not available) should determine if the other law enforcement agency should assume the pursuit. The following should be considered: 1. Distance involved; 2. Pursuing officers' familiarity with the new area; 3. Other known pertinent facts. Be 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 VIII PURSUITS FROM OTHER JURISDICTIONS INTO ae Notification by another agency of a pursuit in progress shall not be considered as a request to join the 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. Ce 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 pursuit while the outside agency is in Santa Ana. We will not take over the pursuit merely because it is in our area. We will provide cover to the other agency while in our area. While out of our area, we will provide cover until the agency from that jurisdiction arrives. IX COMMUNICATIONS CENTER (DISP&TCHER) RESPONSIBILITY A. Maintaining communications with pursuing unit(s), Departmental Order No. 509 Page7 broadcasting information to other units, and being aware of the direction of travel and location of the pursuit at all times. Informing the patrol supervisor immediately if a pursuit is initiated. Initiates a clear frequency for emergency traffic only. Notifying allied agencies and specifying if assistance is or is not requested by the pursuing unit(s) and giving details as needed. If pursuit extends past City Limits, "Red Channel" will be used to coordinate activity with other agencies on the pursuit route. E. Providing back-up units and automated vehicle/suspect information. X SUPERVISOR'S RESPONSIBILITY A. Upon being notified of the pursuit, the supervisor shall: 1. Monitor the activity and determine the circumstances involved· 2. 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. Ensure that the proper radio frequency is being utilized and that communications are maintained with the pursuing unit(s). 5. Ensure that the affected allied agencies are notified. Ensure that a police helicopter, if available, is notified of the pursuit and requested to respond. 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. © C. It will be the responsibility of the field supervisor, Departmental Order No. 509 Page 8 and preferably a sergeant 0~ lieutenant, to document the circumstances surrounding the pursuit on the daily sergeants log. If the pursuit results in an accident or injury, the field supervisor will be required to complete an administrative report directed to the Chief of Police detailing the circumstances of the pursuit and the resulting accident. The initiating officer and others deemed necessary shall submit memoranda of the pursuit as directed by their supervisor. XI STOPPING THE VEHICLE ae Ramming of fleeing vehicles should be avoided. Neither should attempts be made to run the pursued vehicle off the road. If 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) and then only if the character of the roadway, speeds involved, or hazards to other persons are considered and circumstances still justify such drastic action. As with all decisions related to the conduct of a pursuit, officers must consider the danger of taking this action and must place the safety of the public over the apprehension of the suspect. 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 the 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 agencies) must be made aware of its existence, and be given sufficient prior warning as to its location. The blocking of freeway exits or on-ramps is acceptable to preclude citizens from inadvertently driving into the path of the pursuit or to keep the pursued vehicle from returning to congested surface streets. Departmental Order No. 509 Page 9 XII VEHICLE OPERATION Proper self-discipline and sound professional judgement are the key to a 'successful conclusion of a pursuit and apprehension of evading suspects. XIII ACCIDENTS DURING PURSUITS 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 P~TROL 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. XV USE OF FIREARMS Firearms will be used only in accordance with the department policies governing their use (see Departmental Order No. 404). 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