Emergency Vehicle Operation: Bisco V Arlington

Performance Objective Reference Material

• Designed to accompany P.O.S.T. mandated Performance Objectives of each N.A.C. mandated course for Category I, II, III, and Reserve peace officers.

Instructor Preparation

• Thorough review of the document will help in preparation to teach the related course
• Instructors are expected to study the material, research supplemental resources, and develop student activities
• Instructors should not show up unprepared, expecting a "canned" presentation

Purpose of Material

• Intended for understanding Course Performance Objectives
• To be used as a guide for lesson plan development

Operation of Emergency Vehicles Overview

• Case law influences how officers operate, and repercussions may follow if legal precedents aren't followed, which applies to EVOC
• Significant cases have shaped law enforcement's approach to driving and responding to emergency situations over the past decade

Bisco V Arlington (07/1984) (PO A1)

• Landmark case establishing 3rd Party Liability for police officers and police agencies involved in pursuits
• Arose from Arlington County, Virginia, and one of its Police Officers' liability for serious injuries to an innocent bystander
• Injuries resulted from a negligent high-speed police pursuit of a suspected bank robber
• The innocent bystander lost both legs and was awarded $5 million after being struck by a police car
• The officer had violated department policies prohibiting high-speed chases and hadn't been properly trained

Canton v. Harris (02/1989) (PO A2)

• Case decision dealing with an agency’s deliberate indifference to training issues
• Geraldine Harris was brought to the Canton police station after a 1978 traffic arrest, but received no medical attention
• Harris sued the city and its officials for violating her Fourteenth Amendment rights to receive necessary medical care in police custody
• The Court of Appeals stated that the plaintiff must prove recklessness or gross negligence in lack of training, depriving individual of constitutional rights
• The U.S. Supreme Court ruled in February 1989 that a municipality may be liable if city personnel are deliberately indifferent to constitutional rights and where 'failure to train' reflects a conscious choice or policy by a municipality

Brower v. Inyo (03/1989) (PO A3)

• On October 23, 1984, the decedent was driving southbound on Highway 395 pursued by Inyo County Deputy Sheriff, Craig Oyster
• Oyster believed Brower was in possession of a stolen automobile, a felony under California law
• The pursuit continued at high speeds for about twenty miles when Oyster radioed ahead for a roadblock
• Deputy Reginal Sides set up the roadblock with a tractor-trailer across the highway and parked his vehicle with headlights directed at Brower
• Brower hit the tractor-trailer rig and died shortly after impact
• Sheriff's Deputy provided no escape routes or opportunity for Brower to stop
• Brower's heirs claimed stopping Brower with the roadblock affected an unreasonable seizure in violation of the Fourth Amendment
• The Supreme Court later reversed the decision, holding that the roadblock did constitute a seizure
• The Supreme Court ruled that the unreasonableness alleged consists precisely of setting up the roadblock in such manner as to likely kill him, with the use of a physical barrier

Sacramento v. Lewis (05/1998) (PO A4)

• On May 22, 1990, Sacramento County sheriff’s deputy James Everett Smith, along with Murray Stapp, responded to a call to break up a fight
• Stopped a motorcycle with 18 year old driver Brian Willard with 16 year old passenger Philip Lewis who was deceased because of the incident
• Stapp turned on his overhead rotating lights, yelled to the boys to stop, and pulled his patrol car closer to Smith’s, attempting to pen the motorcycle in
• Smith immediately switched on his own emergency lights and siren, made a quick turn, and began pursuit at high speed
• The motorcycle and patrol car reached speeds up to 100 miles an hour, with Smith following at a distance as short as 100 feet, with his car requiring 650 feet to stop
• The patrol car skidded into Lewis at 40 miles an hour, propelling him some 70 feet down the road and inflicting massive injuries.
• Mr. Lewis’s parents accused the Deputy and the Sacramento County Sheriff’s Office of deliberate and reckless conduct, which ultimately deprived their son of his due process right to life and his protection against unconstitutional seizure (14thAmendment).
• The Court first ruled that the 4th amendment’s reasonableness standards prevented its illegal seizure protections from applying to high-speed chases
• The Court held that the Deputy’s actions, while perhaps unwise, were not intended to injure or kill those pursued

Scott v. Harris (04/2007) (PO A5)

• In March of 2001, a Georgia police officer clocked 19-year-old Victor Harris driving 73 m.p.h. in a 55-m.p.h. zone
• The officer gave chase and radioed for assistance when Harris sped up instead
• Scott sped up and hit the bumper of Harris' car, which caused that vehicle to leave the road and crash
• Harris sustained injuries rendering him a quadriplegic
• Deputy Scott claimed qualified immunity as a government official acting in his official capacity, but is rejected
• The U.S. Supreme Court later ruled that Deputy Scott’s actions were reasonable under the 4th amendment
• The Court concluded that it is reasonable for a police officer to use deadly force to prevent harm to innocent bystanders, even to the point of putting the fleeing motorist at serious risk of injury or death

Plumhoff v. Rickard (05/2014) (PO A6)

• On July 18, 2004, West Memphis Police Officer Forthman pulled over Donald Rickard's vehicle because of an inoperable headlight
• Officer Forthman noticed damage on the vehicle and asked Rickard to step out of the car, Rickard sped away
• Rickard again attempted to flee, the police fired shots into the vehicle, ultimately killing both Rickard and Kelley Allen, a woman who had been a passenger in the vehicle
• Holding: The use of deadly force by police officers was not unreasonable given the threat to public safety posed by the driver's reckless behavior
• Held the requirement that a final decision be made by a district court prior to an appeal does not apply to motions for summary judgment when the motion is based on a claim of qualified immunity

NRS Elements (PO B)

• NRS affects how officers operate their patrol vehicles
• 484B.550 deals with stop required upon signal of peace officer and penalties
• Willfully failing or refusing to stop, or attempting to elude a peace officer in a readily identifiable vehicle when signaled, is a misdemeanor
• The signal must be by flashing red lamp and siren
• Proximate cause of damage or endangering others leads to a category B felony punishable by imprisonment or a fine
• Proximate cause of death or bodily harm leads to a category B felony punishable by imprisonment or a fine
• 484C.110 or 484C.120 arising leads to a violation of subsection 1, the driver is guilty of a category D felony and shall be punished as provided in NRS 193.130
• 484A.480 defines a signal as a red flashing light and siren

NRS 484B.700 Privileges

• Privileges are granted to driver of authorized emergency vehicle, official vehicle of regulatory agency or vehicle escorting funeral procession
• Authorized emergency vehicle, the driver may proceed past a red or stop signal or stop sign, but only after slowing down for safe operation
• Exceed speed limits without endangering others/property, or disregard regulations

General Public Responsibility to Emergency Vehicles

• 484B.267 addresses Vehicle Operation on approach of authorized emergency vehicle or official vehicle of regulatory agency
• Immediate approach must yield the right-of-way and shall immediately drive parallel

The Way One Drives and Influences (PO C)

• Law enforcement officers are held to a higher standard
• Expected to act perfectly, make split second decisions, and make the right choice every time
• Officers can limit how often they make mistakes by recognizing their struggles and weaknesses
• There are 4 main elements that will influence how you drive
• Attitude (PO C1)
• Attitudes are the hardest things to change in people, especially law enforcement.
• There are three attitudes that contribute to poor driving habits, ego, overconfidence and unwillingness to change false ideas.
• Distraction (PO C2)
• Distracted driving is any activity which diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system
• Environmental Conditions (PO C3)
• Environmental conditions and the effects they have on patrol vehicles are something officers need to have an understanding of.
• As environmental conditions worsen you must simply slow down and give yourself some more space to be able to react appropriately in an emergency situation
• Vehicle Condition (PO C4)
• Support personnel have a responsibility to maintain patrol vehicles, but without critical awareness and notifications from the driver there efforts will not be enough
• If a mechanical malfunction or worn a component should be immediately reported to the appropriate support personnel to be fixed

Most Important Elements of a Vehicle (PO D1-2)

• Tires
• While smooth tires can provide a small amount of additional traction on dry pavement, the opposite is true on a wet or gravel surface.
• Good tire tread enhances puncture resistance and is vital for law enforcement driving
• A new tire has less traction potential until broken in.
• Always check for sidewall cuts.
• Brakes
• Paying attention to the warning signs that indicate a need for service can mean the difference between life and death on the road

Wear Bars

• Tread depth is measured in 32nds of an inch. -A typical tire starts out with a tread depth of around 10/32″.
• If a tire's tread is worn down to 2/32″, it could put you in a dangerous situation and must be replaced immediately.
• In fact, 2/32″ is the legal minimum tread depth in most states and any tires worn more than that are illegal.
• Because of this, Federal Motor Vehicle Safety Standards (FMVSS) require that tires be manufactured with tire wear bars.
• Most tires have at least six or more tread wear bars.

Tire Pressure

• A properly inflated radial gives the appearance of being under inflated because of the bulging sidewall
• Under inflation of radial tires is a significant problem. Since it is difficult to judge tire pressure by visual inspection, a tire pressure gauge should be used
• A rise in tire temperature will result in an increase of pressure in the tire.

Common Tire Problems (PO G1-4)

• Under Inflation
• Underinflated - An under inflated tire is the most common tire problem
• Lower inflation pressure will allow the tire to deflect (bend) more as it rolls. -This will build up internal heat, increasing rolling resistance
• Over Inflation
• An overinflated tire is stiff and unyielding and the size of its footprint in contact with the road is reduced
• Higher inflated tires cannot isolate road irregularities well, causing them to ride harsher
• Age
• The U.S. National Highway Traffic Safety Administration (NHTSA) and tire manufacturers are currently studying the many variables -Exposure to the elements (sun and atmospheric), regularity of use (frequent or only occasional) and the quality of care (maintaining proper inflation pressure, wheel alignment, etc.) will all influence the answer
• Wear
• As tires are used, it is normal for the tread to gradually become shallower and overall tire performance to change

Why Tire Wear Matters

• Too little tire tread can create unsafe driving conditions.
• Alignment problem - You will see wear on the inside or outside of the tire.
• Out of balance - You will see wear spots randomly around the tire
• Condition
• Stone Bruising: looks like a bubble on the side of the tire.
• They may be as small as an eraser on a pencil, or as large as an apple
• Undulations: There are 92 cords per inch in the sidewall of the tire.
• Cuts on the sidewall of the tire: What we need to look for here is whether or not the cord has been damaged or exposed

Rolling and Brake Friction

• Rolling Friction
• Rolling Friction is the Centripetal Force necessary to pull the car around the corner.
• Brake Fade
• Brake fade is a term used to describe the temporary reduction or complete loss of braking power of a vehicle’s braking system

Common Cause of Accidents (PO J1-3)

• Distractions
• Law Enforcement
• Law enforcement driving is a pressure filled and demanding activity.
• Misuse of Brakes and Steering
• There are two major causes of accidents: misuse of steering and misuse of brakes

Smith’s Professional Driving System (PO K1-5)

• Aim High in Steering
• Create a 15 second Eye Lead Time (ELT) – This allows you to see ahead and helps you identify the safest lane of travel
• Keep your Eyes Moving
• Get the Big Picture
• You should be able to see what is in front of and around you, and how your driving scene continually changes
• Leave Yourself an Out
• Make Sure They See You

Axis of Motion (PO L1-3)

• Pitch
• Rotation around this axis is called Pitch
• Yaw
• Rotation around this axis is called Yaw
• Roll
• Longitudinal Axis runs from nose to tail, through the middle of the vehicle. Rotation around this axis is called Roll

Vehicle Stability (PO#M)

• Acceleration causes weight to go to the rear axle
• Braking or deceleration causes weight to transfer to the front axle
• Turning right transfers weight to the left and turning left transfers weight to the right

Steer Types and Driving Technique

• Oversteer (PO N)
• When the rear of the vehicle is unresponsive you are experiencing a handling characteristic known as "over steer"
• Understeer (PO O)
• Driving Line (PO P1-2)
• Safety Line
• Outside-Outside-Inside
• Racing Line

The Safest path through a corner

• Cornering Principle (PQ)
• the Outside-Outside-Inside cornering line

Driving Methodology

• Course apex (PO R)
• Is the closes usable portion of the roadway
• Breaking is the most efficient (PO S)
• When the vehicle is traveling in a straight line of path.

Techniques during a pursuit and mental state

• Slack Pursuit (PO T)
• Slack pursuit should be the very first choice of actual tactics applied during a pursuit.
• Physiological Effects(PO U)
• An officer’s worst enemy in a code three run or pursuit is an adrenaline overload

General Driving Ability and Mind set

• You're Abilities (PO V)
• You want to reinforce driving 70% of their limit leaving a margin for error in case the vehicle fails or their is a change to the driving environment
• Pursuit Position (PO W)
• As you get in to a persuit , position the patrol vehicle into a position of advantage
• Pursuit Management (PO X)
• Look in the departments policies and procedures . See what you get in policy form those procedures

Terminating a Pursuit

• Terminating Persuit , you can go agianst the observations and information available

Road Hazards (PO Z)

• Reeding the Road
• Reeding the surface of he road way , will Allow a dirver to anticipate changes
• Concrete Roadways
• Asphalt Roadways.
• Asphalt is a distributive surface

General Driving Conditions

• The lighter the driving surface is in color, the better your traction will be

Night Driving Adjustments

• When a driver drives at night, you loose most of your visionary and peripheral vision is severely hampered..
• Drivers must make mental adjustments for night driving and slow down.

Considerations for Following at Night

• Adverse Conditions is were we extend to 6 seconds for spacing
• The simple 3-6-9 Rule will help the officer Road Hazzards Always slow safe

Hydroplaning

• Hydroplaning (PO AA)
• Slow Down
• Reeding and knowing what to do with the road is what the object is about

Recovery Techniques

• Recovery Techniques counter steer the vehicle , if necessary

Explore the landmark Bisco V Arlington case (07/1984) and its influence on law enforcement's approach to driving and responding to emergency situations. Understand how case law influences officers' operation of emergency vehicles. This lesson emphasizes the importance of following legal precedents to avoid repercussions.