Emergency Vehicle Operation: Case Law Impacts

• The Performance Objective Reference Material accompanies P.O.S.T. mandated Performance Objectives for each N.A.C. mandated course for Category I, II, III, and Reserve peace officers.
• Thorough review of the material aids in teaching the related course.
• Instructors should study material, research supplemental information, and develop student activities to enhance learning.
• The reference material aids the instructor to understand Course Performance Objectives and lesson plan development.
• P.O.S.T. thanks instructors for training new Peace Officers in Nevada.
• The document provides information on Operation of Emergency Vehicles for Category I, NAC 289.140.

Case Law and their Legal Impacts (PO A)

• Case law influences how officers operate and the repercussions of not following precedent and this applies to EVOC.
• Major cases over the past decade have changed law enforcement's approach to driving and responding to emergencies and therefore emergency vehicle operation.

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

• This case established 3rd Party Liability for police officers and police agencies involved in pursuits.
• Arlington County, Virginia, and one of its Police Officers were liable for injuries to an innocent bystander from a high-speed police pursuit of a suspected bank robber.
• The bystander was awarded $5 million after losing both legs when struck by a police car that went out of control during the chase.
• The officer violated department policies prohibiting high-speed chases, and the court found they had not been properly trained.

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

• Canton v. Harris deals with an agency's deliberate indifference to training issues.
• Geraldine Harris was arrested for a traffic violation in 1978 and brought to the Canton police station, but was not given medical attention.
• She was later diagnosed with emotional ailments and sued the city of Canton, for violating her Fourteenth Amendment rights to medical care while in custody.
• The Court of Appeals stated that the plaintiff must prove lack of training was reckless or grossly negligent to the point of depriving the individual of constitutional rights.
• In February 1989, the Supreme Court ruled that a municipality may be liable if city personnel are deliberately indifferent to constitutional rights and failure to train reflects a conscious choice or policy by a municipality.

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

• On October 23, 1984, Craig Oyster, an Inyo County Deputy Sheriff, pursued the decedent, Brower, driving southbound on Highway 395.
• Oyster believed Brower was in possession of a stolen automobile, which is a felony under California Law, the pursuit continued at high speeds over approximately twenty miles.
• Deputy Reginal Sides, with the assistance of James M. Holmgren from Missouri-Nebraska Express, set up a roadblock directing Holmgren to place the tractor-trailer across the two-lane highway.
• Sides parked his police vehicle 200 feet ahead of the tractor-trailer and directed the headlights toward Brower.
• Brower drove past Sides' vehicle at high speed and died after slamming into the tractor-trailer rig and the Sheriff's Deputy provided no escape routes or opportunity for Brower to stop.
• Brower's heirs brought action claiming 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 and ruled that the unreasonableness alleged consists precisely of setting up the roadblock in such manner as to likely kill him.

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

• On May 22, 1990, Deputy James Everett Smith and another officer, Murray Stapp, responded to a call to break up a fight.
• Stapp saw a motorcycle approaching at high speed with Brian Willard operating and Lewis as a passenger.
• 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.
• Willard maneuvered the cycle between the police cars and sped off, while Smith switched on his own emergency lights and siren, made a quick turn, and began pursuit at high speed.
• Speeds reached up to 100 miles an hour for 75 seconds over 1.3 miles in a residential neighborhood, and Smith was following as close as 100 feet, while his car would need 650 feet to stop at that speed.
• The chase ended after the motorcycle tipped after Willard tried a sharp left turn.
• Smith's patrol car skidded into Lewis, propelling him 70 feet down the road and he died on the scene.
• Mr. Lewis's parents accused the Deputy and the Sacramento County Sheriff's Office of deliberate and reckless conduct violating their son's due process right to life and his protection against unconstitutional seizure.
• The Court first ruled that the 4th amendment's reasonableness standards prevented its illegal seizure protections from applying to high-speed chases and such incidents don't constitute seizures, especially if they fail due to death.
• The Court held that Deputy's actions, while unwise, were not intended to injure or kill those pursued given Smith did not terminate Lewis's freedom of movement through means intentionally applied.

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

• A Georgia police officer clocked 19-year-old Victor Harris driving 73 m.p.h. in a 55-m.p.h. zone in March 2001.
• The officer gave chase and radioed for assistance when Harris sped up instead.
• Deputy Timothy Scott's police car got a minor scrape with Harris's car and Scott took over as the lead pursuit vehicle, following Harris down a mostly two-lane highway at more than 85 m.p.h.
• To bring the chase to an end, Scott sped up and hit the bumper of Harris' car, causing it to leave the road and crash leaving Harris a quadriplegic.
• Harris sued Scott under 42 U.S.C. §1983 alleging that Scott violated his 4th amendment rights by using excessive force.
• The U.S. Supreme Court ruled Deputy Scott's actions reasonable under the 4th amendment and the Court held that it was clear from the video that Mr. Harris posed an actual and imminent threat of the lives of any pedestrians, other motorists, and officers involved in the chase.
• 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)

• In July 2004, West Memphis Police Officer Forthman pulled over Donald Rickard for an inoperable headlight.
• After Officer Forthman noticed damage on the vehicle and asked Rickard to exit the car, Rickard sped away and was pursued from West Memphis, Arkansas to Memphis, Tennessee.
• Officers were ordered to continue the pursuit across the border and ultimately surrounded Rickard in a parking lot in Memphis.
• The police fired shots into the vehicle when Rickard attempted to flee, ultimately killing Rickard and Kelley Allen.
• Rickard and Allen's families sued the police officers, the chief of police, and the mayor of West Memphis with claims argued that the police used excessive force when pursuing and killing Rickard and Allen and by using force violated the Fourth Amendment.
• The Court held that the use of deadly force by police officers in this case was not unreasonable given the threat to public safety posed by the driver's reckless behavior and officers were entitled to qualified immunity because they did not violate any clearly established law.
• The Court also held that the evidence showed that Rickard was still attempting to flee when the officers opened fire and that the officers reasonably could have believed that if the chase resumed Rickard would once again pose a deadly threat to others on the road and the total number of shots fired also did not qualify as excessive force.

NRS Elements (PO B)

• Within the NRS, there are state laws that affect how officers operate their patrol vehicles.

NRS 484B.550  Stop required upon signal of peace officer; manner in which signal must be given; penalties (PO B1)

• Except as otherwise provided, any driver who willfully fails or refuses to bring vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a police vehicle or regulatory agency, is guilty of a misdemeanor.
• The signal by the peace officer must be by flashing red lamp and siren.
• Unless the provisions of NRS 484B.653 apply, the driver is guilty of a category B felony if, while violating the provisions of subsection 1:
• Is the proximate cause of damage to the property of any other person; or
• Operates the motor vehicle in a manner which endangers or is likely to endanger any other person or the property of any other person
• Punishable by imprisonment of at least 1 year and up to 6, or by a fine of up to $5,000, or both.
• If, while violating the provisions of subsection 1, the driver is the proximate cause of the death of or bodily harm to any other person, the driver is guilty of a category B felony:
• Punishable by imprisonment of at least 2 years and up to 20, or by a fine of up to $50,000, or both.
• If the driver is convicted of a violation of NRS 484C.110 or 484C.120 arising out of the same act or transaction as a violation of subsection 1, the driver is guilty of a category D felony and shall be punished as provided in NRS 193.130.
• The NRS section is often terms as “eluding”, when a driver fails to stop for a police officer's signal.
• Elements to remember about NRS 484b. 550 is that signal is a very specific term and signal includes a red flashing light and siren, per NRS 484A.480.

NRS 484B.700 Privileges granted to driver of authorized emergency vehicle, official vehicle of regulatory agency or vehicle escorting funeral procession; application of privileges; limitation of privileges. (PO B2)

• The driver of an authorized emergency vehicle or official vehicle of a regulatory agency can:
• Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation
• Exceed any speed limits so long as the driver does not endanger life or property, except a vehicle escorting a funeral procession may not exceed speed limit by more than 15 miles per hour to overtake the procession and direct traffic at the next intersection
• Disregard regulations governing direction of movement or turning in specified directions and the driver of a vehicle escorting a funeral procession may direct the movements of the vehicles in the procession in a similar manner and may direct the movements of other vehicles.
• The privileges apply only when the vehicle is making use of audible and visual signals or visual signals only, as required by law.
• The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency may park or stand without regard to the provisions of chapters 484A to 484E of NRS, if the driver makes use of a warning lamp.
• The provisions of this section do not relieve the driver from the duty to drive with due regard for the safety of all persons.

NRS 484B.267 Operation of vehicle on approach of authorized emergency vehicle or official vehicle of regulatory agency. (PO B3)

• Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of every other vehicle shall yield the right-of-way.
• Every other vehicle shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or official vehicle has passed, unless the emergency personnel directs otherwise.
• Emergency responders must drive safely and appropriately when responding when lights and sirens are activated.

The Way One Drives and Influences (PO C)

• Law enforcement officers are held to a much higher standard and expected to act perfectly, make split second decisions, and make the right choice every time.
• One-way officers can limit mistakes by recognizing their struggles and weaknesses.
• Four main factors influencing driving: attitude, distraction, environmental conditions, and vehicle condition.

Attitude (PO C1)

• Attitudes are hard to change, especially in law enforcement, and three attitudes which contribute to poor driving habits are ego, overconfidence and unwillingness to change false ideas.
• One of the biggest challenges that law enforcement officers face is ego, and senior officers often will have a mentality of "seen it all, done it all, I can handle anything", which can be dangerous.
• A different aspect of ego often affecting driving is thinking, “they can't get away from me", taking job of law enforcement personally.
• Overconfidence is define when someone has more confidence than thay should have based on the situation and they misjudge their ability or opinion,.

Distraction (PO C2)

• Distracted driving is any activity diverting attention from driving, including phone use, eating, and fiddling with the stereo
• Texting is the most alarming distraction, and sending or reading a text can take your eyes off the road for 5 seconds, equaling the length of an entire football field with your eyes closed at 55mph.
• Ensure the task of driving has your full attention.

Environmental Conditions (PO C3)

• In Nevada, the weather can switch from extreme to extreme requiring understanding of patrol vehicles when faced with these conditions.
• EVOC techniques are consistent, no matter what the condition is outside and the speed you operate the patrol vehicle truly changes.
• The environmental conditions worsen you must slow down and give yourself some more space to be able to react appropriately in an emergency situation.

Vehicle Condition (PO C4)

• Support personnel maintain patrol vehicles, but need critical awareness notifies from the driver.
• Mechanical malfunctions or a worn component (brakes, tires, and fan belts) must be immediately reported in the appropriate support personnel to be fixed.

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

• Tires are critical for safety and easy for officers to check:
• Smooth tires can provide traction on dry pavement, but are dangerous on wet or gravel surface.
• Good tire tread enhances puncture resistance and is vital for law enforcement driving, though a new tire has less traction until broken in.
• Check for sidewall cuts on radial tires, as a blowout may result causing loss of vehicle control.
• Brakes require attention to warning signs that indicate a need for service to pay attention to signs that indicate a need for service.
• Must visit mechanic for brake check if the brake light appearing on your car's dashboard or the vehicle is taking longer to stop than it should.

Wear Bars (PO E)

• Measure tread depth is measured in 32nds of an inch with a typical tire starts out with a tread depth of around 10/32.
• Tires worn down to 2/32" are dangerous and must be replaced immediately because it is the legal minimum tread depth and these tires must be manufactured with tire wear bars.
• Tire wear indicator provides a visual indication of whether the tread is worn to 2/32, therefore if flush with the rest of the tire's tread, replace tire immediately.
• Hydroplaning will occur when the depth of the water exceeds the depth of the tread.

Tire Pressure (PO F)

• Properly inflated radial tire gives under inflated appearance and a tire pressure gauge should be used.
• Maintain the "cold" tire pressure in all manufacturers' standard vehicle tires according to specifications because tire temperature increases while driving.
• A rise in tire temperature will result in an increase of pressure in the tire.
• The manufacturer's cold tire pressure(s) are recommended which must be done tires before rising ambient temperatures.
• Ensuring proper tire pressure will increase the tread life of the tire and ensure maximum vehicle maneuverability.
• A tire below the recommended inflation pressure may sustain belt separation, result in a blowout, cause premature tread wear and poor steering response and may roll off the rim in a high-speed turn.

Common Tire Problems (PO G1-4)

Under Inflation

• Common tire problems include: An under inflated tire becoming flatter than intended while in contact with the road and can't maintain its shape.
• A vehicle's tires underinflated by only 6 psi can lead to tire failure.
• A tire's tread life could be reduced by as much as 25%.
• Lower inflation pressure will allow the tire to deflect more as it rolls, building ups internal heat, increasing rolling resistance, causing a reduction in fuel economy of up to 5%.
• A significant loss of steering precision and cornering stability can happen and 6 psi usually represents about 20% of the tire's recommended pressure

Over Inflation

• Higher inflated tires cannot isolate road irregularities well, causing them to ride harsher with reduction to the size of its footprint in contact with the road.
• Higher inflation pressures usually provide an improvement in steering response and cornering stability so inflation pressure must be checked with a quality air gauge.

Age

• Tires are manufactured by bonding rubber to fabric plies and steel cords, with exposure to the elements (sun and atmospheric), regularity of use.
• Maintaining the correct tire pressure and wheel are relevant factors in tire ware.
• Industry association recommendations: most street tires have a useful life between six to ten years when properly stored and cared for.

Wear

• As tires are used, it is normal for the tread to gradually become shallower and overall tire performance to change with regular checking of the tread depth and wear condition.
• Reason to check tirse: irregular tread wear may occur.

Why Tire Wear Matters

• Too little tire tread creates unsafe driving conditions on wet or snowy roads and you need the tread to cut through it and maintain as much contact with road.
• A shallower tire tread may lose traction when driving in the wet or snow, therefore reduce speed in those conditions to maintain grip.
• Alignment problems cause wear on the inside or outside of the tire, generate heat, and cause high-speed blowouts:
• It must be picked up soon enough by realignment or rotating the tires.
• Out of Balance causes you to see wear spots randomly around the tire, reducing traction and hampering the ability to turn and brake, which can lead to tires being susceptible to lockups under heavy braking.

Condition

• Stone Bruising looks like a bubble on the side of the tire occuring from striking a rock, a curb, or pothole etc, leading to cords in the sidewall being damaged along with likelihood of tire blowout so replace immediately.
• Undulations occur where inches overlap the sidewalls and can withstand a much higher air pressure. This is common and not a problem.
• For Cuts on the sidewall, pull pull the flap of rubber created by the cut to the side and check if anything looks like thread-like material, which would lead to tire being unsafe and should must be replaced immediately

Rolling Friction (PO H)

• Rolling Friction is the Centripetal Force necessary to pull the car around the corner, if given up by locking the wheels or, by going faster than the tires can generate a turn force, the car will travel in a straight line (inertia).

Brake Fade (PO I)

• Brake fade cause the a temporary reduction or complete loss of braking power caused by overheating of the brake pad.
• This is only temporary unless the brakes have cooled down.

Common Cause of Accidents (PO J1-3)

Distractions

• Law enforcement driving must operate the vehicle safely and lawfully while being subjected to distractions and police monitor the radio and in car computer as well as responding to calls.
• All things which officers must pay attention can lead to accidents occurring if an officer does not see something while focusing on something else
• Officers are required to multi-task all the time during intense and high stress incidents.
• There are two major causes of accidents: misuse of steering and misuse of brakes.
• The vehicle must viewed as a flat, stable platform and a successful driver manages the road environment

Misuse of Brakes and Steering

• Changes include: application of gas or brake that will shift the weight of the vehicle from the front to the rear or application of steering will shift the weight side to side and slightly forward
• Over-corrections lead to instability and the need for recovery
• Sudden corrections are often caused by inattention or surprise

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

• Aim High in Steering
• Drivers must develop a Lead Eye Time to improve safety
• Creating a 15 second Eye Lead Time (ELT) allows drivers to see ahead and helps to identify the safest lane of travel with the goal of preparing in advance for all actions.
• Looking ahead mitigates closed lanes, road construction and stopped emergency vehicles causing safety risks on the roadway
• Drivers must remain aware of objects in the roadways, which cause disturbances
• Get the Big Picture
• Develop and maintain awareness of area through which driving
• Understand that driving scene continually changes by seeing what is in front of and around you.
• The Big Picture view must account for potential static and dynamic hazards including: parked vehicles, street signs, and other roadway users
• The failure to "Get the Big Picture" limits a driver's margin for error on the roadway
• Keep Your Eyes Moving
• Continually scan the area around the vehicle to mitigate potential collisions
• Understand, recognize, and compensate for limitations in central and peripheral vision
• Drivers should mitigate risk of focus fixation and eye fatigue
• Mitigate tunnel vision and maximize overall spacial awareness.
• Leave Yourself an Out
• Provide adequate space cushion in traffic to protect the vehicle from hazards
• Drivers must maintain spacial awareness to provide an immediate "escape route"
• Allow sufficient emergency stopping distance
• Make Sure They See You
• Increase overall odds of preventing a collision by improving vehicle conspicuity
• Employ techniques to proactively alert other drivers of presence and intent
• This can inclue: directional indicators, vehicle lighting systems, and the vehicle's horn
• This is achieved by: proactively establishing eye contact with other drivers, pedestrians, and cyclists

Axis of Motion (PO L1-3)

• The three axises are:
• Pitch (Rotation)
• Yaw
• Roll
• Only one is a car is pitch can happen independently.

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

Oversteer (PO N)

• Vehicle unresponsiveness = oversteer on brakes, gas, or coasting.
• Characterized by rear of vehicle taking a wider path around the corner, commonly occurring in inclement weather, in the rain, on ice or on snow.
• In over steering situation the rear tires have a greater slide force then they do a drive force.

Understeer (PO O)

• Under Steer is probably one of the most common driver errors demonstrated when front of car takes a wider path around corner.
• To regain control of an under steering skid, straighten the wheels regain rolling traction and reduce the slip angle, then steer back into the corner.
• Weight will have to be shifted by easing off to regain rolling traction.

Driving Line (PO P1-2)

• This is the cornering line we teach.
• Using this line, we will still enter the corner to the outside, but hold off on turning until the COG reaches the entrace cones.
• Force vehicle to outside at apex then dial in steering brining the vehicle to inside for exit.

Racing Line

• Outside Inside Outside line that most people drive allows more speed but less corner centripetal force for a crash.

Cornering Principle (PO Q)

• Outside-Outside-Inside cornering line is the safest path through a corner.

Course Apex (PO R)

• Course apex is the closest inside usable portion of the roadway.

Efficient Braking (PO S)

• Straight line braking allows 80 to 90% is the most efficient, allowing the most contact between wheels and surface required for the vehicle to stop.

Slack Pursuit (PO T)

• Slack pursuit is the very first choice of actual tactics applied during a pursuit and will reduce overall speed.
• The distance in pursuit should is at lead 4 seconds or more.
• Always increase following distance weather conditions or other environmental factors.

Physiological Effects (PO U)

• An officer's worst enemy for driver is an adrenaline overload so use a controlled breathing of 4-4-4-4 cycle.

Your Abilities (PO V)

• We must re-enforce driving under 70% of their limit, so the driver has the ability to make safety corrections.

Pursuit Position (PO W)

• Officers position in pursuit provides advantages in visibility and police unit lights and options for implementation.

Pursuit Management (PO Χ)

• The first place to look are the department policies to determine if there may be justification of pursuits.
• Hazard types vary from high risk to low risk.
• The following guidelines are recommendations to consider when involved in a pursuit:
• Seriousness of crime
• Safety
• Volume
• Location
• Speed
• Conditions

Terminating Pursuit (PO Υ)

• When an officer becomes involved in a vehicle pursuit or emergency response, the officer must immediately begin to apply the agency policy and weigh those policy statements against the observations and information available when the pursuit or response begins. Most policies will provide the officers with several statements and considerations to assist in this process.

Road Hazards (PO Z)

• Road hazards can result from animals, debris from other vehicles, potholes, or chatter bumps.
• Utilize the driving of weight transfer to successfully minimize damage through controlled braking and weight shift

Reading The Road

• Concrete Roadways are supportive with high traction
• Asphalt Roadways dark provides a distributive surface increasing traction as oils are pushed form the surface

Night Driving Adjustments

• Driving at night presents its own set of problems where Nearly everything can tricky and dangerous.
• There must be a constant scan of the area and not rely on peripherally visions to help reduce accidents

Adverse Conditions

• When conditions change adjust time and space appropriately.
• The 3.6.9 rule is helpful in this situation. Maintain good control. two simple considerations which are slow down and increase following distance.

Hydroplaning (PO AA)

• Hydroplaning occurs whenever the tire head does not exceed the water.
• Apply the proper steps to recover when in the hydroplane

Recovery Techniques (PO BB)

 - Counter steer to allow car back to its track, reduce overacceleration to minimize oversteer.
 - During a blowout, stop as soon as can be made out of harms way.

Explore the impact of case law on emergency vehicle operation for Nevada peace officers. This material reviews how legal precedents influence officer conduct and the consequences of non-compliance, particularly in emergency response scenarios. Understand how major cases have reshaped law enforcement's approach to driving and emergency response.