4.12.4 VEHICLE PURSUIT POLICY
4.12.1 PURPOSE
A. The purpose of this order is to establish Department policy and to provide officers with guidelines on vehicle pursuits.
4.12.2 DEFINITIONS
A. Vehicle pursuit is defined as an attempt by a police officer, operating a
marked or unmarked unit, to apprehend one or more occupants of a moving vehicle, providing it is reasonable to believe the operator of the pursued vehicle is aware of the attempt and is avoiding apprehension by maintaining or increasing speed and/or taking evasive action, and/or disregarding the officer’s commands to stop the vehicle.
B. Primary pursuit means those members actually engaged in attempting
to overtake and stop a fleeing driver.
C. Due care means that level of care an officer should use based on the
circumstances as they reasonably appear at the time.
- Exigent Circumstances means an emergency situation requiring swift action
to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.
This exception applies only as long as the exigency continues. And, any search done pursuant to exigent circumstances must be done in a reasonable manner. The officer cannot create the exigency.
For an officer to seize evidence under exigent circumstances, the exigency must exist both:
- For the items police intend to seize; and
- During the time frame the police intend to seize the evidence.
For an officer to justify a warrantless entry under exigent circumstance, the officer must have probable cause for a search and seizure. Either the evidence sought is:
- in imminent danger of destruction,
- the safety of law enforcement officer(s) is at issue,
- the general public is threatened,
- the police are in “hot pursuit” of a suspect, or
- a suspect is likely to flee before the pursing officer an obtain a warrant.
- Serious felony means a felony involving the use of, or imminent threat to use
of physical force against a person.
F. High Risk Offender is an individual or individuals who are engaging, or have shown a willingness to engage in those actions which when left unchallenged create a substantial risk or threat to the safety of the public.
G. Marked unit means a police vehicle fully equipped with emergency lights, siren, and identifying markings.
H. Unmarked unit means a police vehicle equipped with limited emergency
lighting and/or limited or no markings or other insignia identifying it as a Police
Department vehicle; e.g. school safety, detectives, sergeants and above, four or
two wheel drive “Special Service Vehicles,” motorcycle units, etc.
I. Barricading/blockading is the intentional barricading/blockading of a
roadway, by any means, to prevent passage of a pursued vehicle. Barricading may constitute deadly physical force.
1. The barricade must be set up in such a manner as to afford the fleeing suspect ample time to see the barricade and stop their vehicle.
2. Once authorized, only unoccupied vehicle(s) may be used. Under no circumstances will a roadway be barricaded with occupied vehicles or vehicles belonging to private citizens.
- Ramming is the deliberate act of hitting another vehicle with a police
vehicle(s) for the purpose of functionally damaging, disabling, or forcing the vehicle to stop. (except PIT which is defined below) Ramming may constitute deadly physical force.
K. Pursuit Intervention Technique (PIT) means intentional contact between a police vehicle and a pursued vehicle in such a manner as to cause a sudden spin, loss of control and subsequent stop of the pursued vehicle.
L. Pre-emptive PIT Authority is the ability to take an immediate action or remedy, departing from standard procedure, in order to prevent serious physical injury or death by preventing a suspect from escaping, fleeing, or engaging in such actions as to jeopardize the safety of the public.
M. Boxing-in means maneuvering a police vehicle into the path of a vehicle
traveling slower than 20 mph, or a stopped vehicle, with the intent of slowing and stopping the vehicle and/or keeping the vehicle stopped. Officers may box-in another vehicle, but must be aware that placement of their vehicle in the path of another vehicle moving faster than 20 mph escalates into barricading.
N. Pinning is a controlled tactic where police cars are used to prevent a vehicle from fleeing once the offender is stopped. Pinning is accomplished by rapidly decelerating to the point of contact which would be at or near zero MPH. Both the front and rear of the suspect vehicle must be pinned to accomplish the task of keeping the suspect from fleeing in the vehicle.
O. Tire Deflation Device (Spike Strips) are spikes enclosed in a tube capable of
penetrating and puncturing a vehicle tire when the tire is rolled or driven over it. The spikes penetrate the rolling tread of a tire and allow for the rapid and controlled release of air to the point of the tire being completely deflated.
4.12.3 POLICY
A. The Department recognizes its responsibility to make every reasonable
effort to apprehend those who engage in criminal activity or who endanger the
safety of the community.
B. In order to fulfill this responsibility, officers are sometimes called upon to engage in vehicle pursuits of fleeing offenders. Because vehicle pursuits may pose a risk to officers, citizens and suspects, it is imperative that due care be exercised. It is the policy of this Department that the safety of its officers and community members is of primary importance. As a general rule, it is better to terminate the pursuit than to jeopardize the lives of others.
C. The civil liability and legal responsibility attached to vehicle pursuits dictate that members exercise sound judgment and discretion throughout the pursuit. Any vehicle pursuit undertaken by officers will be conducted under these guidelines in an effort to maintain a balance between the apprehension of offenders, and minimizing the risk inherent in vehicle pursuits. Officers will be held accountable for continuing a pursuit when circumstances indicate it should have been terminated. Officers will not be criticized or disciplined for their decision to terminate a pursuit because of the risks involved.
4.12.4 PROCEDURE
- Provisions in ORS 811.720 exempt law enforcement officials, acting in
the course of their official duty and performing law intervention technique, from motor vehicle accident reporting requirements.
- All officers involved in a pursuit will adhere to Oregon law regarding the
operation of an emergency vehicle, as defined by ORS 801.260 and 820.300 to 820.320. Any officer who continues a fresh pursuit into the State of Washington must comply with the Uniform Act on Fresh Pursuit, which has been enacted in both Oregon, ORS 133.410 to 133.440 (Appendix 4.12A), and Washington RCW 10.89.010 to 10.89.080 (Appendix 4.12B).
3. ORS provisions do not relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all other persons, nor are they a defense to the driver in an action brought for criminal negligence or reckless conduct.
4. The Uniform Act on Fresh Pursuit permits sworn police officers to continue a fresh pursuit of a person, into another State in order to arrest her/him on the grounds that s/he has committed, or is reasonably suspected to have committed, a felony in the police officer’s State of jurisdiction.
5. An officer may continue to pursue a person into the State of Washington if s/he has committed or is suspected of committing the violation of DUII or reckless driving.
6. Upon apprehension, a Gresham Police Department officer is required to take the arrested person(s) to a magistrate without unnecessary delay.
B. Factors
1. The seriousness of the possible outcome of pursuit commands an officer weigh many factors when deciding whether or not to engage in and continue a pursuit. Some factors to be considered at all times when deciding whether to pursue or continue to pursue include:
a. What is the seriousness of the offense committed (i.e. traffic
offense, misdemeanor, felony vs. serious felony)?
b. Has the suspect operating the vehicle refused to stop at the direction of the officer (directions to stop may include one or more of the following actions - flashing lights, sirens, commands via the loud speaker, etc.)?
c. What is the probability of apprehending the suspect at a later time, date, location, etc.( i.e. is the identity of the suspect known? Can s/he be apprehended at a future time or does driving and/or conduct create an imminent threat of serious physical injury or death)?
d. What are the traffic conditions (the quantity and speed of vehicular and pedestrian traffic shall be considered)?
e. What are the environmental conditions (street, lighting and weather conditions shall be considered)?
f. What is the officer’s level of familiarity with the area?
C. Number of Vehicles
1. It is strongly advised that no more than three police units enter into the primary pursuit of a fleeing driver. However, a supervisor can authorize exceptions when the situation dictates (i.e., multiple dangerous suspects, shots fired, armed robbery, etc.). Other police units in the immediate vicinity may proceed, with caution, to a position that will assist in apprehending the fleeing driver.
D. Officer’s Responsibilities. The officer in pursuit will:
1. Evaluate risks before engaging in and while continuing in a vehicle pursuit; and
- Activate emergency lights and siren; and
3. Notify the dispatcher that s/he is in a vehicle pursuit, giving location,
direction of travel, pursuit speed (if possible), description of suspect
vehicle and occupants (if possible), license number (if possible), and
reason for pursuit; and
4. Notify the dispatcher with progress reports regarding changes in direction of travel and other information; and
5. Refrain from passing other officers involved in the pursuit unless
necessary given the circumstances (i.e. unit will disengage from pursuit,
etc.); and
6. Ensure his or her vehicle is spaced to provide for proper perception and
reaction and braking time in the event a leading vehicle stops, slows or
turns.
E. Other Vehicles
1. Unmarked units are not easily identifiable by the public as police
vehicles. Therefore, unmarked units should become involved in the
primary pursuit of a vehicle only as a last resort. However, in the event an unmarked unit is engaged in the pursuit, the unmarked unit will
discontinue primary pursuit when a marked unit is in position to assume the pursuit. When the unmarked unit discontinues the primary pursuit, it then may:
a. Follow at a safe distance; and/or
- Station itself at a strategic point in order to assist with apprehension of
the suspect.
F. Non-Sworn Police Riders
1. Police vehicles carrying non-sworn police persons shall consider engaging in vehicle pursuits only as a last resort, i.e. response to imminent threat of serious physical injury or death with no other police resources available.
G. Termination of Pursuit - An officer shall terminate a pursuit when:
1. He or she reasonably believes the risks to the public and/or the officer(s) outweighs the desirability of apprehension; and/or
- The suspect has been identified, whereby later apprehension can be accomplished and the need for immediate apprehension is no longer present; and/or
3. It reasonably appears that further pursuit will not result in apprehension of the suspect; and/or
4. He or she is so ordered by a supervisor.
H. Supervisor Responsibilities
1. Supervisors shall advise the dispatcher, over the radio, of their call number and assumption of supervisory control of the pursuit; however, supervisors who are actively engaged in the pursuit shall not assume the supervisory role.
2. Supervisors shall continually monitor the pursuit, including the pursuit officer’s demeanor, in deciding to continue or terminate.
3. Supervisors shall terminate a pursuit when officers are not adequately broadcasting location, speed, and direction.
4. Supervisors are provided the authority to engage more than three units in a pursuit, under “exceptional circumstances” i.e., armed suspects, pursuit into another jurisdiction, etc.
5. Supervisors are provided the authority to approve barricades in deadly force scenarios.
6. Supervisors shall ensure radio communication to other agencies.
7. Supervisors shall consider air support availability and practicality.
8. Supervisors shall ensure that reports are completed.
9. Supervisors shall prepare a supervisor’s after-action report.
4.12.5 TACTICAL VEHICLE INTERVENTION
A. Barricading/blockading is authorized only when conditions for Use of
Deadly Physical Force are met. Barricading/blockading requires the approval of a supervisor. All conditions of Use of Deadly Physical Force reporting and review procedure requirements are applicable.
B. Ramming is authorized only when conditions for Use of Deadly Physical
Force is met. All conditions of Use of Deadly Physical Force reporting and review procedure requirements are applicable.
- Pursuit Intervention Technique (PIT) may be an option to control a police
pursuit and is a method to reduce risks in bringing pursuits to a conclusion. When making the decision to use a pre-emptive PIT, the officer must reasonably feel that the risk to the public safety outweighs the risks of the pre-emptive action(s). The technique shall only be used by officers who have successfully completed PIT training. PIT shall normally be used by officers at their discretion on fleeing vehicles that fail to stop for patrol vehicle emergency equipment.
1. However, when an officer reasonably believes exigent circumstances exist under the totality of the circumstances presented, the officer may utilize PIT as a preemptive action to prevent the opportunity for a suspect in a vehicle to flee when officers attempt a stop. For officers to employ a pre-emptive PIT, two conditions must be met:
a. Exigent circumstances created by the suspect(s) actions (i.e. – unwilling hostage or at risk person in the vehicle, etc.), and/or
b. High risk offender (i.e. suspect who is a known flight risk, armed, etc.).
2. PIT is not considered ramming and shall be considered to be a lower use of force of pursuit control. Use of PIT requires an on-air notification prior to deployment.
3. The use of PIT at speeds above 40 mph may be considered a use of deadly force and shall only be used following supervisory approval. However, this should not limit the use of PIT or any other use of force to protect the lives of officers, citizens, or suspects should they be in imminent danger of serious injury or death. The PIT may be used when the totality of the circumstances requires immediate intervention to stop a fleeing suspect’s vehicle. All conditions of Use of Physical Force reporting and review procedure requirements are applicable.
4. PIT will not be used on two wheeled vehicles, passenger-occupied buses, vehicles transporting hazardous materials or any vehicle that would pose an unusual hazard to innocent parties.
5. Officers shall be trained in the PIT prior to using the technique in any incident. Officers shall receive update training in the technique at least every two years. Training shall be conducted by certified EVOC instructors and shall be consistent with this policy.
6. The following non-exclusive factors should be considered before the application of the PIT:
- Fleeing driver’s actions exhibiting recklessness or progressively
reckless actions as the pursuit continues;
- Speed of the fleeing vehicle;
- Pursuit towards areas of high population density, traffic congestion, or school zones;
- Whether or not there will be an opportunity to contact the fleeing vehicle at lower speeds;
- Whether or not the suspect is armed;
- The availability of cover units;
- The likelihood of serious injury or death to others should the suspect escape apprehension;
- The level of training of the driver of the police vehicle;
- The time of day/night;
- Supervisory instructions;
- Any other pertinent factors.
7. When using the PIT, the following special factors shall be considered:
- Site Selection – The area selected for the PIT should be as level
and free of roadside obstructions as practicable. The PIT may be performed on straight-aways, corners, or non-level roadways, but the exit path from the PIT shall be considered prior to its use.
- Oncoming Traffic – Every effort to control or limit oncoming traffic
in to the PIT site shall be made. The PIT should not be attempted in traffic situations where the suspect vehicle will likely be pushed into oncoming traffic or areas with pedestrians or other occupied vehicles.
- Vehicle Type – Due to the possibility of rollover, vehicles with
“over-high” suspensions, oversized tires and utility-type vehicles such as four-wheel drive may have the PIT employed on them only after other methods of pursuit control have been considered.
- Vehicle with Multiple Occupants – If a fleeing vehicle has
multiple occupants, consideration shall be given to the makeup of the other occupants before the PIT is employed. For example, if children are known to be in the vehicle, other less aggressive interventions shall be given consideration prior to the PIT.
- Armed Suspects – Officers shall use extreme caution when using
the PIT in instances where a suspect is possibly armed.
D. Boxing-In - Officers may box in another vehicle, but must be aware that
placement of their vehicle in the path of another vehicle moving faster than 20 mph escalates into barricading.
E. Tire Deflation Device (Spike Strips) - Spike strips may be used alone or in
conjunction with other Tactical Vehicle Intervention techniques to control and terminate vehicle pursuits. Only officers trained in the use of spike strips are authorized to use them. This shall not preclude non-trained officers from assisting with incident control when devices are deployed. Use of spike strips requires an on-air notification prior to deployment.
1. The following guidelines for use of Spike Strips shall be considered:
a. Each device shall be deployed in a manner consistent with its intended use and instructions on how to deploy it;
2. The safety of the public, officers, and the fleeing suspect(s) shall be
considered.
3. Use of the devices should be avoided in locations where geographic configurations increase the risk of serious bodily injury (i.e. near bridge supports, embankments, etc.)
4. The following deployment procedures for Spike Strips shall be used:
a. Officers deploying spike strips should do so from a position of relative safety using natural barriers such as roadway structures or guardrails. Using only a patrol vehicle or any other vehicle for cover is discouraged.
b. The spike strips should be placed in a position roughly 90 degrees to the expected path of the fleeing vehicle. The spike strips may also be placed perpendicular to the path and be pulled in front of a fleeing vehicle.
5. The spike strips should only be removed when it is clear and safe to do so. No officer shall knowingly place themselves into the immediate pathway of a vehicle in an attempt to deploy or retrieve the strips.
- After the spike strips are retrieved, the officer should continue
to provide assistance in traffic control, arresting the suspect(s), or continuing the pursuit as necessary.
- Should the suspect vehicle continue to flee following deflation of
its tire(s), other Tactical Vehicle Intervention techniques may be
considered and employed in order to terminate the pursuit.
A. Outside Requests
1. A supervisor shall be made aware of circumstances of outside requests,
and approve or disapprove requests.
2. Whenever units of another law enforcement agency are engaged in a
pursuit and request assistance from the Department, the requesting agency must advise BOEC of the nature of the offense and the description of the fleeing vehicle before a police vehicle from the Department may join in the pursuit. If an outside agency contacts the Department directly requesting assistance in a pursuit, it will be the responding officer’s responsibility to advise BOEC of the request.
3. Gresham police officers are still bound by the procedures in this Pursuit
Policy when assisting another agency, even if their procedures are
different.
B. Pursuits Into Other Jurisdictions In the event a pursuit enters into another jurisdiction, the officer shall:
- Notify the responsible law enforcement agency via BOEC or other means
and request assistance.
- Upon arrival of officer(s) from the jurisdiction in which the pursuit is
entering, determine if, he/she wishes to relinquish the lead officer role to
that agency.
C. Portland Metropolitan Interagency Pursuit Agreement
1. The purpose of this agreement is to identify expected behavior and guidelines for interagency pursuits. It is the policy of this interagency agreement to be subservient to individual department pursuit policies. Participating agencies endeavor to support this agreement with their individual pursuit policies.
4.12.7 PURSUIT REPORTS AND DEBRIEFING
A. All Gresham police officers involved in vehicular pursuits will complete reports for submission to the responsible supervisor prior to end of duty shift.
B. All pursuits will require a debriefing. The debriefing will be documented in memorandum format authored by the responsible supervisor of the pursuit.
C. The pursuit-debriefing memorandum will contain the following information.
1. A summary of the pursuit (detail not needed, attach reports); and
2. A review of the pursuit in consideration of the procedure (factors and responsibilities as outlined in sections 4.12.3 B, D and H); and
3. Conclusions of the responsible supervisor regarding the effectiveness and/or ineffectiveness of the pursuit tactics and/or strategies employed; and
4. Recommendations to recognize positive performance and/or correct performance deficiencies.
D. Watch Commanders will review, comment, and forward debriefing
memoranda through the chain of command to the Chief of Police.
E. A copy of all vehicle pursuit reports involving property damage (City’s or citizen’s) shall be forwarded to the City’s Risk Manager as per G.O. 4.7.
F. Vehicle pursuits involving the Use of Physical Force or the Use of Deadly Physical Force shall be reported, investigated and reviewed in compliance with G.O. 4.6 Use of Force.
Craig Junginger
Chief of Police
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