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SUFFOLK POLICE DEPARTMENT POLICY AND PROCEDURE
VEHICLE PURSUITS
NUMBER: 3-39 DATE: January 2,2015
DISSEMINATION: All Employees
BY THE AUTHORITY OF THE CHIEF OF POLICE
SUPERSEDES:
Thomas E. Bennett -;1'~ DATE:
Special Order 12-13 (SPD 3-39 Section III.E) SPD 3-39 Vehicle
Pursuits
CONTENTS I. Purpose II. Policy III. Definitions IV.
Justifications for Pursuit V. Jurisdictional Authority VI.
Considerations for a Pursuit VII. Prohibitions VIII . Termination
IX. Primary Officer Responsibilities X. Secondary Officer
Responsibilities XI. Supervisor Responsibilities XII. Emergency
Communications Operator Responsibilities XIII. Pursuit Vehicle
Operation XIV. Roadblocks. XV. Pursuits Involving Other
Jurisdictions XVI. Medical Assistance XVII. Pursuit Critique and
Review XVIII. Analysis
June 6, 2013 January 11 , 2013
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SPD 339: VEHICLE PURSUITS EFFECTIVE DATE 1/2/2015
I. Purpose
The purpose of this policy is to define the parameters of
Depaliment-authorized automobile pursuits.
II. Policy
It shall be the policy of the Suffolk Police Department that all
personnel operating Department vehicles shall exercise due regard
for the safety of all persons. No task, call or incident justifies
the disregard of public safety. All Department personnel who
operate police vehicles will comply with safe driving procedures
with particular attention to engaging in pursuits. (Refer to
46.2-920 of the Code of Virginia.)
III. Definitions
A. Authorized Emergency Vehicle: a Depaliment vehicle equipped
with operable emergency equipment as designated by law.
B. Flagrantly Reckless Driving: For the purpose of this policy,
flagrantly reckless driving includes, but is not limited to, the
following:
1. Colliding with other vehicles.
2. Forcing other vehicles to take evasive action in order to
avoid a collision.
3. Driving in excess of 20 miles per hour over the posted speed
limit or in excess of 80 miles per hour regardless of the
applicable speed limit.
C. PrimalY Unit: the police unit which initiated a pursuit or
ally unit which assumes control of the pursuit.
D. Secondary Unit: the police vehicle which becomes involved as
backup to the primary unit and follows the primary unit.
E. Vehicular Pursuit: ally attempt by an officer in an
authorized emergency vehicle to apprehend a fleeing motor vehicle
with emergency equipment activated, when the fleeing suspect is
attempting to elude police. The determination of a pursuit shall be
based upon the officer's articulable belief that the vehicle
operator has exhibited an awareness that the officer is attempting
to make a traffic stop. The attempt to elude may be detennined by
factors including but not limited to:
1. Increase of Speed 2. Evasive Maneuvers 3. Disregard of
traffic controls 4. Obvious recognition ofthe Officer behind the
vehicle by the operator 5. It is the officers belief, based upon
the above factors, that the driver is
attempting to elude
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 112/2015
F. Motor Vehicle: a motor vehicle, for the pUlposes of this
policy, is a motorcycle, automobile, truck or bus. A bicycle or
moped shall not be deemed a motor vehicle.
IV. Justifications for Pursuit
A. A vehicular pursuit may be initiated by an officer who has a
reasonable belief, based on articulable facts, that the
suspect:
I. Has committed a violent felony prior to the pursuit.
2. Is currently DUIIDUID based on observations pl10r to the
pursuit.
3. Has committed a firearms offense prior to the pursuit.
4. Is operating the vehicle in a flagrantly reckless manner
prior to the pursuit as observed by the officer and/or corroborated
by other information.
B. Pursuits shall not be initiated for a violation of a city
ordinance, a traffic violation, or a misdemeanor other than those
identified in Section IV(A).
V. Jurisdictional Authority:
A. Jurisdictional authority involving the pursuit of fleeing
suspects is dictated by Virginia Code Section 19.2-77, Escape,
flight and pursuit; arrest anywhere in the Commonwealth, which
states the following:
"Whenever a person in the custody of an officer shall escape or
whenever a person shall flee from an officer attempting to arrest
him, such officer, with or without a warrant, may pursue such
person anywhere in the Commonwealth and, when actually in close
pursuit, may arrest him wherever he is found. If the arrest is made
in a county or city adjoining that from which the accused fled, or
in any area of the Commonwealth within one mile of the boundary of
the county or city from which he fled, the officer may forthwith
return the accused before the proper official of the county or city
from which he fled. If the arrest is made beyond the foregoing
limits, the officer shall proceed according to the provisions of
19.2-76, and if such alTest is made without a warrant, the officer
shall procure a warrant from the magistrate serving the county or
city wherein the arrest was made, charging the accused with the
offense committed in the county or city from which he fled."
B. A police officer may pursue a suspect into NOlih Carolina
when the original charge is felonious. The officer may place this
individual under arrest, but must take himlher to a magistrate of
proper authority in NOlih Carolina. The officer may not bring this
suspect back into the Commonwealth of Virginia until the suspect
waives hislher right or a Governor grants extradition. The officer
may not pursue the suspect into North Carolina on the basis of a
misdemeanor charge and a subsequent felony eluding charge arising
from the pursuit itself.
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 1/2/20 I 5
VI. Considerations for a Pursuit [41.2.2(a)]
A. When a police officer begins pursuit of a fleeing vehicle, he
or she must remember that citizens using public highways do not
expect their travel to be interrupted by a high speed chase or to
become involved in an accident as a consequence.
B. The decision to begin, responsibility for continuing, and the
choice of method of pursuit rests primarily with the individual
officer(s) involved. In deciding, the officer is faced with a
dilemma because, although the law does not prevent the officer from
using emergency speeds while engaged in pursuit, it does hold the
officer criminally and civilly responsible. Therefore, officers
must exercise sound judgment and carefully consider the seriousness
of the offense, the possible consequences, and the safety of
citizens. Such considerations shall include:
1. What is the possibility of apprehension?
2. Will the pursuit take place on residential sh'eets, a
business district, or on IUral roads?
3. Street and traffic conditions, to include pedestrian
traffic.
4. The weather conditions.
5. Road conditions and lighting (visibility.)
6. Balancing the pursuit's danger to the public against allowing
the suspect to escape.
VII. Prohibitions
A. Officers shall not operate a vehicle at a rate of speed that
may cause loss of control. The Department expects an officer to end
the pursuit whenever the risks to his or her own safety, or to the
safety of others, outweighs the danger to the community if the
suspect is not apprehended.
B. Officers shall not intentionally ram, bump, collide with a
fleeing vehicle nor shall officers pull alongside such vehicles in
an attempt to force them off the road or into an obstacle.
[41.2.3]
C. The use of firearms in an attempt to stop or disable fleeing
vehicles is not permitted.
D. There will be no attempt to pass another police unit involved
in a pursuit unless the passed unit is aware of the maneuver and is
handing over the pursuit to the passing vehicle.
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 1/2/2015
E. There shall be no units paralleling the pursuit route unless
authorized by a supervisor. Paralleling the pursuit occurs when an
officer operates his vehicle as an emergency vehicle on a route
that parallels the pursuit.
F. Officers, when accompanied by civilian passengers, shall not
engage in pursuits.
G. In case of pursuit, should the violator enter a one-way
street against the flow of traffic, or drive down the wrong side of
a major highway, the pursuing officer shall not follow the violator
but instead transmit via radio detailed observations about the
suspect vehicle's location, speed and direction of travel. Units in
the likely path of a pursuit shall attempt to wam other motorists,
and prevent traffic from proceeding into the potentially affected
area when possible.
H. Officers shall not use lighting equipment (spot lights,
flashlights, etc) to attempt to blind the driver of a pursued
vehicle while the vehicle is in motion.
I. Civilian personnel, Traffic Assistance Officers and Parking
Enforcement Officers are prohibited from engaging in pursuits.
VIII. Termination [41.2.2(g) I
A. A supervisor may direct that the pursuit be terminated. If
the pursuing officer receives such an order to discontinue the
pursuit he or she shall do so immediately and acknowledge the
order.
B. Pursuits shall be terminated in the following situations:
1. Any pursuit that violates previously described sections of
this policy.
2. When the evaluation of legal, procedural, and enviromnental
factors preclude a pursuit, including but not limited to the
consideration of the totality of circumstances and the creation of
unreasonable hazards (e.g., a traffic violation occurs in a school
zone during the time school is dismissing, and excessive speeds or
evasive tactics are used.).
3. Situations in which the officer knows or reasonably should
have known that the potential halID to persons and propelty arising
from the pursuit outweighs the potential harm threatened by the
escaping offender.
4. Situations in which there is malfunction of police equipment
or the police vehicle (e.g., blue lights go out, siren fails, brake
problems, radio equipment failure/loss of communication, etc.).
5. Situations in which the offender is identified, and the
failure to apprehend the offender during the pursuit poses no
immediate threat of death or serious injury to another person.
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 1/2/2015
IX.
X.
6. The distance between the pursuing officer and the violator is
so great that further pursuit is futile.
7. The officer loses visual contact with the violator for an
extended period of time.
Primary Officer Responsibilities [41.2.1(b))
A. The officer's primary responsibility in a pursuit is the safe
operation of the authorized emergency vehicle.
B. The primary officer shall notify the Emergency Communications
Center of the following, ifknown:
1. The reason for the pursuit;
2. License number and description of the vehicle;
3. Number of suspects in vehicle;
4. Location and direction of travel;
5. Speed ofthe pursuit; and
6. Any other pertinent information.
C. The primary officer shall continuously update Communications
via radio of the above conditions. The primary officer shall be
responsible for all radio traffic until a secondary unit arrives
and joins the pursuit.
D. The primary officer shall ensure that the in-car camera
system, if installed, is activated at the time of the pursuit.
Secondary Officer Responsibilities [41.2.2( c))
A. Secondary Officers
1. When a second officer enters the pursuit, that officer shall
take over use of the radio in broadcasting information on the
pursuit as well as assist the primary officer in making the
arrest.
2. The secondary officer shall replace the primary officer in
the event that the primary officer is unable to continue the
pursuit.
3. When two vehicles are involved in a pursuit, each unit shall
maintain a safe distance especially when passing through
intersections.
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 112/2015
XI.
4. The secondary officer shall ensure that hislher in-car camera
system, if installed, is activated at the time that he/she joins
the pursuit.
B. Other Officers
1. Other police vehicles shall not Jom m the pursuit unless
authorized by a supervisor.
2. Additional units may participate, but only under orders from
the patrol supervisor on duty. Based upon the seriousness of the
suspected crime of the vehicle's occupants (i.e. murder, robbery)
and the number of occupants within the vehicle, the on-duty
supervisor may permit additional units to engage in the
pursuit.
3. Patrol units in a zone adjacent to a pursuit, or in the most
likely path of the pursuit should:
a. Position themselves, within their zone, so as to locate the
violator should the pursuing unit lose sight of the vehicle being
pursued.
b. Move into a position to assist with the apprehension should
it take place within the zone.
c. Place themselves in a strategic position, without blocking
the roadway, in order to warn the public and attempt to slow the
fleeing vehicle.
d. Not join the pursuit unless they will assume the role of
primary or secondary pursuing unit, unless othelwise directed by a
supervisor.
e. Officers shall accomplish a-d (above) without acting as
emergency vehicles (without lights and siren and in accordance with
traffic laws). Officers must understand the distinction between
changing location to assist and paralleling the pursuit, which is
prohibited.
4. Every additional officer shall ensure the activation of his
or her in-car camera system recording mechanism, if one has been
installed.
Supervisor Responsibilities [41.2.2(e)]
A. The initiating officer's duty supervisor shall monitor the
pursuit and respond to the scene of termination ifthe pursuit is
tenninated by collision or surrender.
B. The supervisor shall end the pursuit at any time they feel
circumstances warrant.
C. Only a supervisor shall approve the use of a roadblock when
appropriate.
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XII. Emergency Communications Operator Responsibilities
[41.2.2(f)]
The Emergency Communications Operator shall:
A. Advise all other units of the pursuit and the information
given by the pursuing officer.
B. Assist in directing back-up units to strategic locations.
C. Order the police radio cleared of all but emergency
traffic.
D. Alert all other nearby law enforcement agencies of the
pursuit and information given by the pursuing officers when
continuing beyond the city limits.
E. Query DMV, VCIN, and NCIC for license data and any
outstanding warrants.
F. Obtain all other information available based on the
information given.
G. Transmit any known infOlmation to the officers involved in
the pursuit (including but not limited to changing road conditions,
road closures, etc.)
H. Communicate all pertinent information to other jurisdictions,
when necessary.
XIII. Pursuit Vehicle Operation
A. All authorized emergency vehicles involved in any pursuit
must have their emergency lights and siren activated during the
pursuit.
B. Intersections
Intersections are a particular source of danger. Any officer,
when approaching an intersection where signal lights or stop signs
control the flow of traffic, shall:
1. Decelerate and be prepared to apply brakes;
2. Sufficiently reduce hislher speed (including coming to a
complete stop when necessary) when entering an intersection without
the right of way;
3. Enter the intersection only when safe, when all other
vehicles are aware of the officer's presence, and at a reduced
speed; and
4. Resume pursuit speed only when safe. When using emergency
lights, siren, and headlamps, the officer is requesting the right
of way and DOES NOT ABSOLUTEL Y HAVE the right to run a red traffic
light or stop sign.
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 1/2/2015
C. Unmarked Vehicles and Motorcycles [41.1.3(a),41.2.2(d)]
A pursuit initiated by a police motorcycle, unmarked vehicle,
Department SUV or K9 unit shall be abandoned when a marked police
vehicle can take the primary position and a second marked police
vehicle assumes the secondary position. The motorcycle, unmarked
vehicle, Department SUV or K9 vehicle may then proceed, at a normal
pace, to the termination point to assist if needed.
D. Off-Road Pursuits
Whenever the pursuit extends off roadway, as when the fleeing
vehicle leaves the roadway and proceeds cross-country, the pursuing
officer(s) must carefully consider whether or not the seriousness
of the offense outweighs the risk to his or her safety and the
potential damage to the police vehicle or private property. When
the risks of the pursuit exceed the need to capture the offender,
the officer shall discontinue the pursuit.
XIV. Roadblocks [41.2.3]
A. A decision to erect a roadblock is a decision to use deadly
force. The stationary barricading of roadways may only be used as a
last resOit in felony cases where the violator constitutes an
immediate and continuing major threat to the safety of the public
and officers and all other apprehension efforts have failed. Under
no circumstances will a roadway be barricaded by occupied vehicles
or vehicles belonging to private citizens.
[41.2.3(a)]
B. The decision to erect a roadblock shall only be made by a
supervisor. [ 41.2.3(d)]
C. A roadblock must be clearly visible at a distance sufficient
to enable the approaching vehicles to stop safely. The officer in
charge of the roadblock shall notify the Emergency Communications
Operator of its precise location.
[41.2.3(b)]
D. Each use of a roadblock shall be documented in a use of force
report and critique. [ 41.2.3(e)]
E. Stationary barricading of roadways will only be conducted by
officers who are trained in this procedure. [41.2.3(c)]
F. If a roadblock is established, officers must:
1. Allow the suspect vehicle reasonable stopping distance.
2. Not place themselves in the roadblock in line with the
oncoming suspect vehicle.
3. Take those necessary precautions to reasonably ensure the
safety of non-involved pedestrians and motorists.
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SPD 3-39: VEHICLE PURSUITS EFFECTNE DATE 112/2015
4. Ensure that no vehicle used in the roadblock will be
occupied.
5. Not make use of police lighting equipment ie. flashlights,
spotlights, alley lights and take down lighting to blind or
otherwise obstruct the vision of the offender until the vehicle has
stopped.
XV. Pursuits Involving Other Jurisdictions [41.2.2(h)]
A. The actions of officers involved in pursuits within other
jurisdictions are governed by Department policy, state law and any
mutual aid agreements in effect. If a pursuit should continue into
another state, officers shall comply with the laws of both states,
as well as any mutual aid agreements. All pursuits entering another
jurisdiction require immediate notification of that
jurisdiction.
B. When other agencies pursue vehicles into the City of Suffolk,
the following shall govern the Department's involvement:
I. It shall be the emergency communications operator's
responsibility to asceliain sufficient information regarding the
pursuit to include the information that would be submitted had the
pursuit occurred in our jurisdiction. The emergency communications
operator shall immediately relay all information obtained to the
duty supervisor. For further, see policy entitled
Communications.
2. Department officers will not assist in an active pursuit
unless requested by the pursuing agency and such assistance is
approved by the duty supervisor. The supervisor's decision to
assist and continue in the pursuit shall be based on criterion set
forth in this policy and procedure. If another jurisdiction's
pursuit is not permitted by Department policy, our Department will
not participate in the pursuit. If the duty supervisor disapproves
involvement in a pursuit from another jurisdiction, the duty
supervisor shall exercise one of the following options:
a. Inform the initiating and/or pursuing jurisdiction/s that the
pursuit does not meet Department guidelines. The involved
agency/agencies may continue the pursuit under these circumstances,
and Department personnel shall assist in traffic control as
necessary to ensure the safety of persons within the city.
b. Highly recommend to the initiating and/or pursuing
jurisdictions that the pursuit be tenninated based on the
supervisor's knowledge of the area and the danger to persons within
the city.
C. At no time will more than two Department units become
actively engaged in a pursuit from another jurisdiction.
D. When Department pursuits leave our own jurisdiction and enter
other jurisdictions the following will apply:
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 11212015
I. The primary officer will advise Communications that the
pursuit is leaving the jurisdiction.
2. The supervisor will evaluate the entire incident and make the
decision to let the pursuit continue or terminate it.
3. Communications will notify the involved jurisdiction,
providing the following information:
a. Suspect vehicle description, license plate etc.;
b. Charges on the violators;
c. Number of occupants and their descriptions if available;
d. Any known information on the suspects involved in the
pursuit;
e. The number of police cars involved in the pursuit and any
other jurisdictions involved;
f. Speed of the pursuit;
g. Likely location of entry into the jurisdiction, direction of
travel and estimated time of arrival;
h. Any known weapons involved
1. Any other pertinent information
J. See SPD 3-33: Communications for further information.
4. No more than two Department units shall enter another
jurisdiction while engaged in the same pursuit.
5. When two marked units from another agency join the pursuit,
the Department's primary unit shall continue with the pursuit with
the units from the other jurisdiction. The primary unit will make
itself available to the apprehending jurisdiction, for the purpose
of investigating the origin of the pursuit.
6. If the agency with jurisdictional authority does not join the
pursuit, Department units may continue the pursuit, but only after
receiving approval from the duty supervisor. If the agency with
jurisdictional authority recOlmnends discontinuation of the pursuit
in their locality, the duty supervisor shall direct officers to
telminate the pursuit.
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.SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 112/2015
XVI. Medical Assistance [1.3.5]
In the event that any person is injured during the course of the
pursuit, the involved officer(s) shall immediately provide, or make
arrangements for providing, medical care. The care for human life
will exceed the capture of a fleeing suspect in the vast majority
of situations. If the pursuit must be continued to prevent
additional deaths or injuries, the pursuing officer(s) must make
arrangements via radio to provide the victim(s) alternate care.
XVII. Pursuit Critique and Review [41.2.2(i)]
A. Following termination of any pursuit, to include pursuits
involving other jurisdictions, all involved Department members
shall cooperate fully in all post-incident evaluations, critiques,
or investigations.
B. The patrol duty supervisor(s) will begin a review of each
pursuit occuning on their shift, as soon as is practical following
the incident. This shall include:
1. Collecting comprehensive statements from all Department
personnel involved.
2. Request for audio dispatching recordings.
3. In-car camera video from all Department personnel
involved.
4. Photographs of any collisions/property damage that
occurred.
5. Compilations of any other existing evidence and data related
to the incident.
6. Completion of the Pursuit Report Module in the PISTOL Records
Management System.
C. The patrol duty supervisor will examine the information
gathered and make a determination as to whether or not Departmental
policy and procedure was followed and provide to the Division
Commander a summary repOli with critique and recommendations for
action.
D. The repoli shall be forwarded to the appropriate Division
COlmnander for review and if violations of Departmental policy and
procedure are noted the allegation will be forwarded for
investigation to the proper Departmental personnel.
E. The patrol duty supervisor (at the time of the pursuit) will
provide a constructive critique of the incident to the personnel
involved, including Communications personnel as necessary, as soon
as possible following the pursuit event.
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SPD 3-39: VEHICLE PURSUITS EFFECTIVE DATE 1!2!2015
XVIII. Analysis [41.2.2(j)]
The Department shall annually compile all pursuit reports and
analyze them for evaluation purposes. The pursuit information shall
be made available to all personnel in the Department's Annual
Report. The evaluation shall include recommendations on increased
training, supervision, tactic modification or other recommendations
as necessary to respond to any problems or issues uncovered in the
annual pursuit analysis.
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