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HomeMy WebLinkAboutItem #26 - Discussion Item° 23 I. Policy Rati_ on„�l�s Police officers are called upon to engage in emergency vehicle operations in' response to calls for assistance or crimes in progress that result in the vehicle pursuit of law violators. The conditions and privileges that drivers of authorized emergency vehicles must obey and comply with are contained in Florida Statutes. A policy on vehicle police pursuit operations which further underscores statutory concern for the safety of police officers, persons being pursued, and other citizens is desirable and reasonable. II. Criteria for Initiation. Officers may engage in pursuits when they have a reasonable belief that the fleeing suspect has committed or attempted to commit a violent felony. All other pursuits are prohibited. ITI. Defin tions A. An active attempt by a law enforcement officer in an authorized emergency vehicle to apprehend one or more ,f occupants of a moving motor vehicle, providing that the = driver of such vehicle is aware of the attempt and increases vehicle speed and/or takes other evasive actions in an attempt to avoid apprehension. _. B. Violent Felony. , A felony involving violence or the threat of violence to another person. Such crimes include murder, manslaughter, sexual battery, kidnapping, robbery, aggravated battery, aggravated assault, or any other felony which involves the use or threat of physical force or violence to a person. C. Reasonable Belief. Facts that would cause a reasonable person to conclude `= that the point at issue is probably true. IV. F"irsuit Procedures A. Number of Police Vehicles: No more than two police vehicles will be actively involved in a pursuit, unless specifically directed otherwise by the supervisor controlling the pursuit. The police vehicles involved in the pursuit will be known as: -2 - = 93- 100-•1 =_ G 0 3y1 e 1. Primary Unit: This will generally be the initiating officer but in all cases will be the unit in 'closest proximity to the fleeing vehicle. 2. Support Unit: A police unit which trails the primary unit at a safe distance and which will be immediately available to assume the pursuit or assist the primary unit in the event the fleeing vehicle is stopped. 3. Backup Unit: With the exception of the primary and support unit all police vehicles cognizant of the pursuit shall become backup units. They will remain alert to the direction and progress of the pursuit and may position themselves at strategic sites along the probable pursuit route or can parallel roadways for response to any exigencies that may develop; however, these units iv; ? 1? not bg gl2eXated in an emergency node, and will not actively pursue the offenders' vehicle. 4. Supervisory Unit: Immediate supervisory participation is imperative. In the absence of the supervisor of the units involved, a Field Supervisor or Commander in the area will assume, _3w 93- 100•1 such control, or in the unlikely situation that none are available, control will be initiated by the communication's shift supervisor, until an appropriate field supervisor announces participation. E. Emergency Vehicle Operation: Vehicle pursuit shall be conducted in strict compliance with existing statutes. 1. Initial Contact: In order to diminish the likelihood of a pursuit developing, officers intending to stop a vehicle shall, when practicable, be within close proximity to the vehicle prior to activating the emergency lights - and siren. 2. Emergency Equipment: Officers engaged in vehicle pursuit shall utilize all emergency equipment including: at siren b. Emergency Lights C. headlights day or night C. Initiating/Primary Pursuing Unit Notification Responsibilities; The officer initiating a pursuit shall in all cases immediately notify communications that a pursuit is underway and provide the following information; 1. Unit identification, followed by the word: "PURSUIT" 2. 'vehicle description, including license number, if known 3. Location, estimated speed and direction of travel 4. The specific reason for the pursuit, including known laws violated 5. The following information is optional to be given at the discretion of the pursuing officer based on the conditions at hand; a. Number and description of occupants if known b. Type of vehicle being operated if it is . other than a standard marked patrol unit. {Officers are reminded that vehicles without emergency equipment, siren and - { }} flashing lights, will not engage in pursuits) . C. Rooftop number if applicable. D. Offensive Tactics: In the course of pursuit, deliberate contact between vehicles or forcing the pursued vehicle into parked cars, ditches, or any other obstacle is prohibited. Pursuit shall be primarily "following" actions. Reckless or hazardous driving maneuvers shall not be duplicated by any pursuing vehicle. E. Road Blocks: Unless authorized by a supervisor, and then only as an absolute last resort, in situations where the use of deadly force is justified, officers shall not use their vehicles as roadblocks. F. Passing: There shall be no attempt by officers to pass the primary pursuit unit unless the passing officer receives specific permission from the primary officer or a supervisor. G. Spacing: All Units in pursuit, whether the vehicle in front of the unit is the fleeing vehicle or another police vehicle shall space themselves at a distance that will ensure adequate braking. . 6 - 93 100-1 H. Traffic Regulatory Controls: Pursuant to applicable Florida State Statutes, police Officers, while engaged in a- pursuit, with emergency equipment activated, although not required to obey traffic regulatory controls, must at all times operate the vehicle in a wanner so as to not endanger life or property and exercise due regard for safety of all persons. 1. Radio Transmission: When a pursuit is in progress radio transmissions shall be restricted to the primary pursuing unit and incidents of an emergency nature. Back up units will not advise their location or other information unless deemed necessary for apprehension efforts. V. Use of Firearms puriBg Pursuit A. Officer's Position: A police officer shall make every effort not to place himself,/herself in a position that would increase the possibility that the vehicle being pursued can be used as a deadly weapon. i g. The discharge of firearms, shall not be utilized when the circumstances do not provide a p high g probability of striking the intended target or when there is a =3 . substantial risk to the safety of other persons, Y.' including risk associated with vehicle accidents. t 9'3- 1041i i C. Officers shall not shoot from or at a moving vehicle, _ except under the following circumstances: — 1. When an occupant of the vehicle is utilizing deadly force against police officers or other persons. Z. 'As a last resort to prevent death or substantial harm to the officer or other persons. s-- =� 3. As a last resort to apprehend a felon who has _= F J` just committed a felony resulting in death or = substantial harm. - VI. specialized Police Vehicles - A. Police vehicles without emergency equipment: _ Unmarked or marked police vehicles that are not equipped with siren and emergency lights will not -i" _z engage in pursuits. assistance can be obtained from a marked standard police patrol unit bearing emergency lights and siren. Miami' police motorcycles will spot become involved in pursuits for any reasons. VII . Tern.ination cf Pursuit. A. Pursuit will be immediately terminated under the following conditions: 1. After initiation the offense is determined to be a traffic infraction, misdemeanor, or non- violent felony. 2. The distance between the officer and violator is so great that further pursuit is futile. 3. The officer loses visual contact with the violator for an extended period of time (approximately 1.5 seconds). 4. A supervisor or higher authority orders the pursuit terminated. 5. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering or other essential mechanical equipment. -9 - a 93- 100•1 9 6. When there is a clear and unreasonable danger to the officer, fleeing motorist and/or other persons. A clear danger exists when speed 'dangerously exceed the normal flow of traffic or when vehicular or pedestrian traffic necessitates dangerous maneuvering exceeding the performance capabilities of the vehicle or the driver. B. While not necessarily dictating immediate action strong and continuing consideration should be given to termination of the pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. When the officer is unfamiliar with the area and unable to accurately notify Communications of his location and the direction in which the pursuit is proceeding. 3. Road conditions are congested by traffic or pedestrians; this would be especially appropriate during rush hour or in the area of any school. 4. When the violator proceeds the wrong way on -10- 93- 100•1 13 D. any Interstate Highway, divided highway or one- way street. C. Under the following conditions the primary pursuing unit will reduce the level of pursuit to that of a support or Backup Unit: 1. The fleeing vehicle comes under the surveillance of an air unit. 2. When another police vehicle comes into closer proximity to the vehicle being chased. Officers are reminded that they are not to overtake a primary or support unit unless specifically _ requested to do so as stated in the paragraph on MEN passing earlier in this policy. (Section IV, C, — — 5, Paragraph F). Spacing for safety is Z_ required. VITI. Interjurisdictional Pursuits.. A. When an officer is in pursuit into another agency's _ �f jurisdiction the concerned Communications Unit will. - notify that agency and specify: — 1. That the call is a request for assistance. 2. Or, that .the call is a notification with no participation requested. y B. Requests by other agencies for pursuit assistance 3-- 100• f ; klil �� will be relayed to the affected agency's supervisor for evaluation and assignment. C. Upon being made aware of an interjurisdictional pursuit in progress by another agency the concerned Communications Unit will notify the affected agency or district by radio broadcast. officers shall not become involved in the other agency's pursuit unless: 1. Authorized by their supervisor. 2. It is clearly demonstrated that a lone unit from an outside agency is unable to request Departmental assistance. 3. It is clear that an emergency exists which dictates the immediate intervention and assistance by other police units. 4. It is clear that the offense committed meets the criteria for MPD involvement. (Paragraph II). D. Caravans are prohibited. In the event of multi - jurisdictional involvement, officers will count all vehicles involved and participate as either primary, support or backup. 93-- 100•1 -12- ix. Suoervisory RQ�ns ,biliti .�_ A. Supervisor; Supervisors shall assert control by monitoring the pursuit and taking the necessary action to ensure compliance with this policy. B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain, of command to the Department Head within 72 hours after the incident. -13- 93- .100.1 3 -13