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High Speed Pursuit - UNlike Smokey and the Bandit
Making cops and robbers movies requires a lot of tire screeching, vehicles
blown up as if fire-bombed, their use as battering rams, and the inevitable
shooting from moving vehicles.
All of the foregoing are forbidden to police departments. CrimeFighters
please take note.
Hot pursuits are not taken lightly or for trivial reasons. They are at the
least officially discouraged for all minor offenses, or when it's too
dangerous to innocent pedestrians, motorists, public property, police
officers, and their patrol cars.
More than 300 deaths and 20,000 injuries occur each year as a result of
high-speed police chases -- and about 25% of those involved in the chases
are innocent motorists and pedestrians. Police are injured in about 2% of
such traffic accidents, while the person being pursued is the victim 75% of
the time. Yet police initiate two-thirds of all high-speed chases for
simple traffic violations. (From a study by the Automobile Association of
America Foundation for Traffic Safety, 1730 M Street NW, Washington, DC.)
A citizen is not empowered to make high-speed chases. If a citizen
initiated a chase, in addition to motor vehicle violations, the person
could be charged with criminal negligence for ignoring the safety of
innocent parties. And, if anyone is injured or any property is damaged,
negligent CrimeFighters will be required to pay all the costs. If you
violate traffic laws, no insurance company will pay the damages or lawsuit
awards. You're on your own. It could cost you far more than the reward you
hope to collect. Last but not least, if innocent parties are injured, you
can expect million-dollar lawsuits.
Fresh, or Hot Pursuit
"Fresh pursuit" and "hot pursuit" are used interchangeably in most
jurisdictions. Fresh pursuit might be defined as normal pursuit immediately
after a criminal act was witnessed, but not necessarily at high speed. Hot
pursuit usually indicates a high-speed pursuit, when lawbreakers attempt to
avoid capture. Fresh pursuit at legal speed limits, and obeying traffic
lights and stop signs, is authorized for a citizen to make an arrest, such
as immediately following the lawbreaker after a felony has been made in the
citizen's presence or view.
If a lawbreaker notices you following and takes off at high speed or runs
red lights and stop signs, you are not allowed to also break the law, and
endanger innocent parties, to enforce the law. If you have a CB tuned to
police frequency, call it in. Give the description of the vehicle, license
number, and a brief description of the crime just witnessed. If you have a
cellular phone, call 911 to report it. If you have a camcorder, get all the
action and the vehicle license number on tape.
According to case law, when the citizen or officer loses sight of the
lawbreaker for more than a few minutes, other than temporarily losing sight
of the suspect when turning corners or driving on adjacent streets, or
other maneuvers, it is no longer fresh pursuit. Stopping to make a phone
call, or otherwise diverting attention from the chase even for just a few
minutes, technically cancels the concept of fresh pursuit.
"Smokey and the Bandit" was a highly entertaining movie, but Jackie
Gleason's claim to be in hot pursuit ignored the rule of fresh pursuit (as
they almost always do to make movies). Don't use movies as training films.
Interrupted Hot Pursuit
A hot pursuit in vehicles at a later time, after a few minutes when the
lawbreaker has left the scene and is completely lost from view, is usually
not authorized or condoned by police or the courts. That's because of the
inherent danger to the public or innocent parties when it would most likely
be unsuccessful anyway. The definition of a "few minutes" could be
considered as "long enough to make a successful chase an improbability."
Most Police Departments are officially discouraging high-speed chases,
because of the high risk to police and to innocent parties. Police cars
must turn on their siren and flashing lights to run stop signs or red
lights when they're in hot pursuit. Their flashing lights and sirens warn
traffic to pull over and get out of the way. Your vehicle doesn't have (and
shouldn't have) flashing lights and a siren. A hot pursuit in an unmarked
car will more likely be broadsided by another vehicle. People can be hurt
and killed.
Flashing Lights and Sirens
Because of the many fatalities and property damage that have resulted from
high-speed chases, many States now restrict police pursuit vehicles to
those that have flashing lights mounted on a bar on top of the vehicle and
the vehicle equipped with sirens or special horns. In addition, chase
vehicles must be clearly marked by special colors to easily identify them
as police vehicles. Another good reason for a clearly marked police car is
that a suspect fleeing from the scene of a crime will not be able to say
that he or she didn't know the chase vehicle was a police car.
Flashing lights and sirens identify police vehicles. It is illegal for
private citizens to have simulated police horns, or cars painted with
colors similar to those used by official police vehicles. A high-speed
chase without these special features is prohibited (even by police in some
jurisdictions) and having them on a private vehicle is strictly prohibited.
CrimeFighters should use the following police regulations as a common sense
guide when following a suspect's vehicle. Remember, only properly marked
police cars are permitted to drive over the speed limit, run red lights and
stop signs, or drive on the wrong side of the road. Citizens should never
try any of the above.
Chief John Pape, of the Weslaco, Texas, Police Department has kindly
provided a copy of Weslaco's police regulations concerning high speed
chases by police vehicles. It's included as general information and
guidelines. Where you see the word police officer, substitute the word
CrimeFighter. You'll be surprised at the difference between TV shows and
official police policy.
Weslaco Police Department
Emergency Driving
Section 1: Definitions
1.01 OVERTAKE - Pursuit of a motorist, who does not yet realize he is being
pursued, in order to:
(a) Position the Police vehicle so that the audible and/or visual signals
can effectively be communicated to the motorist; and/or
(b) Position the Police vehicle so that the officer may more effectively
observe the motorist, his vehicle, his passengers and/or his load.
1.02 EVADER - A driver who continues to drive his vehicle and fails to pull
to the right and stop when he knows or should know of the audible and/or
visual signals to do so directed at him by an officer, but who does not
attempt to escape by driving recklessly and/or at an excessive speed.
1.03 HIGH SPEED PURSUIT (VEHICLE HOT PURSUIT) - Police vehicular pursuit of
another vehicle at speeds which exceeds the legal speed for non-emergency
vehicles.
1.04 RECKLESS EVADER - A driver who, in order to escape or avoid
apprehension by a police officer, drives his vehicle recklessly and/or at
speeds which are so extreme under the condition prevailing that his
involvement in a collision is probable should he continue.
1.05 ROADBLOCK - Any method, restriction, or obstruction used to prevent
free passage of motor vehicles on a highway, in order to effect the
apprehension of an actual or suspected violator in a motor vehicle.
1.06 PRIMARY PURSUING UNIT - The Police unit which initiates pursuit or any
unit which assumes control of the pursuit.
1.07 PROBABLE CAUSE - The total set of apparent facts and circumstances
based on reasonably trustworthy information which would warrant a prudent
person (in the position of and with the knowledge of the particular peace
officer) to believe something, for example, that a particular person has
committed some offense against the law.
Section 2: General provisions
2.01 - An officer may be held liable for the consequences of his reckless
disregard for the safety of others, An officer's duty to avoid damage or
injury to third parties takes precedence over pursuit or emergency
response. No officer shall engage in negligent or reckless actions, even in
pursuit of actual or suspected violators or in response to emergencies,
which may damage property or injure innocent persons.
2.01 - Officers shall balance the need for pursuit and apprehension against
the probability and severity of damage or injury. The officer shall
consider the seriousness of the offense which the evader or reckless evader
committed.
Section 3: Warning Equipment and Traffic Regulation
3.01 - An officer operating a police vehicle shall not disregard stop signs
or signals, exceed maximum speed limits, or disregard regulations governing
the specified direction of traffic or turning, unless he continuously
sounds a siren (and continuously display an emergency light system if his
vehicle has such equipment) as a warning to others.
3.02 - An officer must drive with due regard for the safety of all persons
and shall never operate any vehicle in reckless disregard for the safety of
life and property.
3.03 - An officer engaged in overtaking shall not exceed the apparent or
maximum speed limit by more than 20 miles per hour (MPH) unless such a rate
would unreasonably extend the pursuit which makes a higher speed necessary.
3.04 - An officer engaged in responding to a call for emergency service may
not exceed the speed limit by more than 20 MPH, unless a life-threatening
situation exists and traffic conditions permit a higher speed without
causing an unreasonable risk.
Section 4: High Speed Pursuit Policy
4.01 - An officer shall not engage in high-speed pursuit whenever it
reasonably appears that the potential harm to person or property arising
from such pursuit overweighs the potential harm threatened by the escaping
offender. In the absence of an overweighing danger to person or property, a
peace officer shall not engage in high-speed pursuit whenever it reasonably
appears the apprehension of the escaping offender by another means is
likely. In determining whether to engage in pursuit, an officer should
consider all relevant factors including:
(a) the nature of the offense committed by the offender;
(b) the method of the offender's escape;
(c) the extent to which the offender may be identified;
(d) knowledge of the offender's possible destination or direction of
movement;
(e) the present ability of other officers to apprehend the offender;
(f) knowledge of previous activities of the offender;
(g) the likelihood that the offender may use weapons or forcibly resist
apprehension;
(h) the potential for physical harm to person or property resulting from
high-speed pursuit of the offender;
(i) the condition of the officer's vehicle; road and weather conditions.
4.02 - An officer shall not engage in high-speed pursuit to arrest someone
for any misdemeanor except:
(a) a breach of peace which just occurred in the presence of the officers
and will likely re-occur; or
(b) a violation of state highway and vehicle laws.
4.03 - An officer engaged in high-speed pursuit need not maintain a
constant view of the escaping offender, but the pursuit must be constant
and continuous and without unreasonable and extraneous delays. If the
officer engages in activities unrelated to the pursuit, which remove him
from the pursuit, the officer may not renew the pursuit.
4.04 - An officer shall notify dispatch upon engaging in any high-speed
pursuit. Dispatch will immediately notify the shift supervisor.
4.05 - When an officer engaged in a high-speed pursuit finds that the
offender will flee beyond the boundary of the officer's local jurisdiction
or onto a government reservation, the officer shall notify dispatch and
request dispatch to notify officers of the jurisdiction into which the
pursuit will lead. Dispatch will immediately make such notifications and
will also immediately notify the shift supervisor.
4.06 - A peace officer in high-speed pursuit may never enter the Republic
of Mexico, and any such high-speed pursuit must cease at the International
border.
Section 5: High-Speed Pursuit Procedure
5.01 - When not coordinated by dispatch or a supervisor, the officer in the
primary pursuing unit of the high-speed pursuit shall direct the pursuit of
both his unit and others.
5.02 - The officer in the primary pursuing unit of a high-speed pursuit may
request all units and the base station to observe radio silence whenever
necessary to the proper conduct of the pursuit. The base station will
immediately repeat that request to all units on the frequency used by the
primary pursuing unit. Thereafter, until termination of the pursuit, only
message involving that pursuit or emergency radio traffic shall be
transmitted.
5.03 - Only the primary pursuing unit and one back-up unit shall engage in
high-speed pursuit, unless a supervisor or communications authorizes
additional units to engage in the pursuit. Such authorization shall be
given only when articulable circumstances require the additional
assistance.
5.04 - Intercepting units shall never intersect the path of an oncoming
high-speed vehicle. No assisting unit shall move toward the route of a
high-speed pursuit without notifying the pursuing officer, supervisor, or
communications of that moment.
5.05 - At no time will a police motorcycle engage in a high-speed pursuit.
5.06 - Any time an officer is ordered to discontinue a pursuit by a
supervisor, the officer will comply with that order immediately.
5.07 - The use of a police vehicle as a blockade or roadblock is strictly
prohibited.
5.08 - The use of a police vehicle to ram the fleeing vehicle, or to force
the fleeing vehicle off the roadway and/or into another object is
prohibited.
5.09 - Officers shall not fire their weapons at a fleeing vehicle unless
the use of deadly force would be authorized by law, and there is a minimum
chance of hitting other motorists, structures, homes or persons. Weapons
shall never be fired from moving vehicles.
5.10 - If a high-speed pursuit continues out of the city limits, the
pursuing officer shall obtain authorization from the shift supervisor to
continue the pursuit. If the shift supervisor is not immediately available
to grant such authorization, it shall be up to the discretion of the
primary pursuing officer to decide if the pursuit will be continued.
5.11 - Officers involved in a high-speed pursuit are to maintain a safe
following distance from the pursued vehicle to allow for sudden stops and
changes in direction.
5.12 - A safe and reasonable speed shall be maintained at all times.
"Reasonable" is based on road condition, traffic congestion, population
condition, visibility, and special areas such as school zones and high
pedestrian areas.
5.13 - An officer will discontinue a high-speed pursuit when:
(a) when the officer has lost visual contact with the violator;
(b) when ordered to discontinue by a supervisor;
(c) when unfavorable conditions exist due to congestion, unfavorable
weather, road conditions, or other factors which cause the risk factor of
continuing the pursuit outweighs the need to apprehend the violator;
(d) when the officer has lost his or her sense of direction and/or
location;
(e) when the pursuing officer's ability to communicate via police radio is
lost;
(f) when the suspect's identity has been established to the point that
later apprehension can be accomplished, and there is no logical need for
immediate apprehension;
(g) when requested to do so by another agency with jurisdiction to stop the
pursuit.
Section 6: Emergency Call Response
6.01 - An officer shall use emergency warning equipment in responding to
calls for service only when specifically authorized to do so by the officer
or dispatcher assigning him to the call.
6.02 - Any officer acting as a radio dispatcher or in any other way
assigning a police officer in a vehicle to respond to a call for service
shall, in addition to providing all other pertinent information, designate
the response code which the assigned officer must use.
6.03 - Responses shall be designated as follows:
(a) Non-emergency calls - Officers must respond to the call without using
emergency equipment or procedures;
(b) Emergency calls - Officers must respond to the call immediately by
proceeding directly to the call location as quickly as reasonably possible
while utilizing emergency warning equipment and obeying traffic regulations.
6.04 - Emergency call may only be designated, but are not required, for the
following categories:
(a) officer in trouble;
(b) felony in progress;
(c) assault, involving weapon, in progress;
(d) accident, fire, or other calls which may jeopardize human life; and
(e) others as the supervisor or dispatch may provide.
6.05 - A field supervisory officer may override the provisions of this
section and order an officer to use a different response call designation
than here indicated, if he deems it necessary under the circumstances.
6.06 - A responding officer who changes the response call designation shall
immediately notify the radio dispatcher or field supervisory officer. The
responding officer shall state his reasons for changing the response
designation."
* * * * * *
Many police officers, in the heat of battle, so to speak, often forget or
ignore the above police regulations - with tragic results described by the
above Automobile Association report. Police may get reprimands from their
superiors for "breaking the rules." When citizens ignore safety and common
sense, they won't get off so easy.
The person being pursued might speed up and create a dangerous situation
for innocent parties as well as yourself and the suspect. And, if the
suspect is armed and dangerous, shots may be fired at you. If the bullets
don't hit you, they might hit someone else. If any of the foregoing could
have been avoided, but safety conditions were ignored, you can expect to be
charged with various traffic offenses, possibly criminal charges, as well
as many lawsuits for negligent behavior. It's not worth it. Don't do it.
When and if your surveillance pursuit turns into a high speed pursuit,
abort the chase. Call the police via CB and/or cellular phone. Give them
the vehicle description and other information they can use to intercept the
vehicle or continue covert surveillance. Let them make the arrest when
the suspect arrives at his destination or when it's safe to do so.
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