EVOC Case Laws: Bisco v. Arlington, Canton v. Harris

• Case law significantly shapes the operational guidelines for law enforcement officers during emergency vehicle operations (EVOC).
• Failure to adhere to established legal precedents can lead to severe repercussions for officers and their agencies.

Bisco v. Arlington (07/1984)

• Established 3rd party liability for officers and police agencies during pursuits.
• Arlington County, Virginia, and one of its police officers were held liable for injuries to a bystander during a high-speed pursuit of a bank robbery suspect.
• The innocent bystander was awarded $5 million after losing both legs when struck by a police car that lost control.
• The court cited the officer's violation of department policies against high-speed chases and inadequate training as contributing factors.

Canton v. Harris (02/1989)

• Dealt with an agency’s deliberate indifference to training issues
• The Supreme Court ruled a municipality could be liable for rights violations if its personnel show "deliberate indifference" to constitutional rights, particularly where a "failure to train" reflects a conscious policy choice.
• Geraldine Harris was denied medical care while in custody and later diagnosed with emotional ailments, leading to a lawsuit against the city of Canton.
• The Supreme Court determined that the city could be held liable if its failure to provide necessary medical care reflected a deliberate indifference to Harris's constitutional rights.

Brower v. Inyo (03/1989)

• Involved a high-speed pursuit where the suspect crashed into a roadblock set up by the police, resulting in his death.
• The Supreme Court reversed the decision, holding that the roadblock did constitute a seizure
• The Supreme Court ruled the use of physical barrier roadblocks could constitute a 4th amendment seizure where the governmental body initiates a physical barrier through means intentionally applied.
• Brower's heirs claimed the roadblock was an unreasonable seizure violating the Fourth Amendment.
• The Supreme Court ruled the roadblock constituted a seizure, remanding the case to determine if it was "unreasonable."

Sacramento v. Lewis (05/1998)

• Discussed a high-speed chase where a motorcycle passenger died after the pursued motorcycle crashed, and a patrol car struck the passenger.
• The Supreme Court ruled that the Deputy’s actions, while perhaps unwise, were not intended to injure or kill those pursued.
• The court stated for an officer to be liable under Section 1983, their conduct must "shock the conscience," indicating an intent to harm unrelated to legitimate apprehension efforts.
• The Court held that the deputy's actions, while possibly unwise, did not demonstrate an intent to harm, and therefore did not violate due process.

Scott v. Harris (04/2007)

• Involves a high-speed chase that ended when an officer used his vehicle to stop the fleeing suspect, resulting in the suspect becoming a quadriplegic
• The U.S. Supreme Court later ruled that Deputy Scott’s actions were reasonable under the 4th amendment
• The Supreme Court referenced video evidence contradicting the suspect's claim of responsible driving during the pursuit
• 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)

• Police fired shots into a car during a high-speed chase, contributing to the death of the driver and a passenger
• The U.S. Supreme Court ruled 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.
• The Court held officers are justified in continuing to fire until the threat to public safety has ended.
• The officers were entitled to qualified immunity because they did not violate any clearly established law.

NRS 484B.550

• Regarding failure to stop on signal of a peace officer
• It is a misdemeanor to willfully fail or refuse to stop when signaled by a peace officer in a readily identifiable vehicle.
• The signal must include a flashing red lamp and siren.
• Penalties increase to a category B felony if property damage or endangerment occurs, with possible imprisonment and fines.
• Proximate cause of death or bodily harm can result in a category B felony with increased penalties
• Under NRS 484A.480 the signal includes a red flashing light and siren.

NRS 484B.700

• States privileges granted to driver of authorized emergency vehicle, official vehicle of regulatory agency or vehicle escorting funeral procession; application of privileges; limitation of privileges.
• Allows drivers of authorized emergency vehicles responding to emergencies or pursuing violators to disregard traffic laws under certain conditions.
• Privileges apply only when using audible and visual signals or visual signals as required by law.
• Drivers are not relieved from the duty to drive with due regard for the safety of all persons and are not protected from the consequences of reckless disregard for the safety of others.

NRS 484B.267

• Drivers must yield the right-of-way to emergency vehicles using flashing lights and pull to the right side of the road until the vehicle has passed.
• Drivers of emergency vehicles have a responsibility to drive safely when responding to incidents.

Influences on Driving

• Attitudes
• Distractions
• Environmental Conditions
• Vehicle Condition

Factors Influencing Driving: Attitude

• Ego, overconfidence, and unwillingness to change false ideas are attitudes that contribute to poor driving habits.
• Recognizing personal limitations is crucial for officers, especially regarding the idea that "they can’t get away from me". Taking the job personally increases the likelihood of rash decisions and burnout.

Factors Influencing Driving: Distraction

• Any activity diverting attention from driving increases the risk of accidents.
• Texting while driving is especially dangerous.
• Giving the task of driving your full attention is critical for safe driving.

Factors Influencing Driving: Environmental Conditions

• Extreme weather changes require officers to adjust driving techniques.
• Decreasing speed is essential in adverse conditions to allow more reaction time.

Factors Influencing Driving: Vehicle Condition

• Officers must report any mechanical malfunctions or worn components.

Most Important Elements of a Vehicle: Tires

• Good tire tread is vital for law enforcement driving.
• Check for sidewall cuts.

Most Important Elements of a Vehicle: Brakes

• Pay attention to warning signs indicating a need for brake service.

Wear Bars

• When a tire's thread is worn down to 2/32″, it must be replaced immediately.

Tire Pressure

• Use a tire pressure gauge, instead of a visual inspection, to ensure proper inflation.
• Under inflation of radial tires is a significant problem.
• Improperly inflated tires cause tread wear, poor steering response, and potential blowouts.
• Maintaining proper tire pressure can increase the tread life of the tire.
• Tire pressure increases with temperature and decreases with temperature, so maintain optimal levels.

Common Tire Problems: Under Inflation

• It can't maintain its shape and becomes flatter while in contact with the road.
• Underinflation can lead to tire failure.

Common Tire Problems: Over Inflation

• An overinflated tire is stiff, cannot isolate road irregularities well, causing it to ride harder.
• Higher inflation pressures usually provide an improvement in steering response and cornering stability up to a point.

Common Tire Problems: Age

• The current industry association recommendations has been that when properly stored and cared for, most street tires have a useful life in service of between six to ten years.

Common Tire Problems: Wear

• Regularly checking the tread depth and wear condition of each tire on your vehicle is necessary.
• Too little tire tread can create unsafe driving conditions.

Common Tire Problems: Condition

• A stone bruise looks like a bubble on the side of the tire. Contact with a stone bruise can lead to a likely tire blowout and the tire should be replaced immediately.
• Cuts on the sidewall of the tire that damage the cord should be dealt with immediately.
• Undulations are common and not a problem.

Rolling Friction

• It is the Centripetal Force necessary to pull the car around the corner.
• Loss of rolling friction causes inertia and forward motion.

Brake Fade

• It is the temporary reduction or complete loss of braking power of a vehicle’s braking system.
• The loss of braking efficiency normally due to heat build-up resulting from excessive use.
• Is caused by overheating of the brake pad

Common Causes of Accidents: Distractions

• The officer must operate the vehicle safely and lawfully while being subjected to distractions that other drivers seldom need to worry about.
• Officers are required to multi-task all the time during intense and high stress incidents, often leading to accidents.

Common Causes of Accidents: Misuse of Brakes and Steering

• Any application of gas or brake will shift the weight of the vehicle from the front to the rear, or from the rear to the front.
• Any application of steering will shift the weight side to side and slightly forward.
• Surprised responses from the driver leads to sudden imput of gas, brakes, or steering, which can result in a serious control problem.

Smith’s Professional Driving System: Aim High in Steering

• Create a 15 second Eye Lead Time (ELT).
• Serious control problems come from surprises, which stems from not looking far enough ahead. (closed lanes ahead, road construction, stalled vehicle, or emergency vehicles stopped in your lane, etc.)
• Being surprised can result in a sudden abrupt input of gas, brakes, or steering, which can result in a serious control problem.

Smith’s Professional Driving System: Get the Big Picture

• Establish a minimum of 4 seconds following distance.
• Avoid driving behind larger vehicles that restrict your vision of the driving scene.
• You should be able to see what is in front of and around you, and how your driving scene continually changes. Each new area and situations presents a new and different picture. Each new area ad situations presents a new and different picture.
• While driving on an Interstate, your driving scene should be as wide as the road you are driving and at least ½ mile ahead.

Smith’s Professional Driving System: Keep your Eyes Moving

• Be aware of the “fixed stare”. You should avoid looking at any one object for an extended period of time.
• Peripheral Vision (Fringe Vision) alerts us of movement or color change from the sides (peripheral vision).

Smith’s Professional Driving System: Leave Yourself an Out

• Always leave yourself an out by creating a space cushion.
• Leave space ahead and to one or both sides.
• Always Communicate in traffic.

Smith’s Professional Driving System: Make Sure They See You

• Establish eye contact with other drivers, pedestrians, and cyclists.
• Use your headlights ½ hour before sunset to ½ hour after sunrise .
• Misunderstood signals cause traffic accidents.

Axis of Motion: Pitch

• Is rotation around the lateral axis.

Axis of Motion: Yaw

• Is rotation around the vertical axis.

Axis of Motion: Roll

• Is rotation around the longitudinal axis.

Vehicle Stability

• 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

• It is when the rear of the vehicle is unresponsive.
• Defined as the rear of the vehicle taking a wider path around the corner than you wish to go.
• To correct the slide force, the correct answer is to ease off the accelerator to regain rolling traction.
• To correct the slide force, ease off the brake and ease on the gas to shift weight to the rear to help regain rolling traction and balance the two forces.

Understeer

• It is when the front of the car takes a wider path around the corner then you wish to go.
• To regain control of an under steering skid, first of all, straighten the wheels to regain rolling traction and reduce the slip angle, then steer back into the corner.
• It is necessary to balance the forces acting upon the car by taking the steering out.
• If you are on the accelerator, ease off to shift weight forward, if on the brake, ease off to regain rolling traction.

Driving Line: Safety Line

• Outside-Outside-Inside

Driving Line: Racing Line

• Outside-Inside-Outside

Cornering Principle

• Teach the Outside-Outside-Inside cornering line.

Course Apex

• It is the closest inside usable portion of the roadway.

Efficient Braking

• Straight line braking is the most efficient.
• One should achieve 80-90% of your braking in a straight line to increase efficiency in driving.

Slack Pursuit

• Should be the very first choice of actual tactics applied during a pursuit.
• Is simply “slacking back” or opening a greater following distance with the fleeing vehicle by easing off of the accelerator.
• The recommended following distance in a pursuit is at least four seconds but should generally be six seconds or more.

Physiological Effects

• An officer’s worst enemy in a code three run or pursuit is an adrenaline overload.
• The best way to help combat the negative effects are by using controlled breathing techniques for stress control; Breathe in through your nose for a count of four; hold your breath for a count of four; exhale through your mouth for a count of four; hold your breath for a count of four, and then restart the cycle.

Your Abilities

• Reinforce driving 70% of their limit leaving a margin for error in case the vehicle fails or there is a change in the driving environment.

Pursuit Position

• The officer should position the patrol vehicle into a position of advantage.
• Simply moving into a position as far to the left as practical with a minimum of 3-4 second following distance while maintaining lane discipline will create several advantages for the police officer.

Pursuit Management Guidelines

• The seriousness of the originating crime and its relationship to community safety.
• The safety of the public in the area of the pursuit.
• The safety of the pursuing officers.
• The volume of vehicle traffic.
• The volume of pedestrian traffic., etc

Terminating Pursuit

• 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.
• Officers must rely on what is known to be true not what they think might be true.

Road Hazards

• The lighter the driving surface is in color, the better your traction will be.
• Your night vision is not as effective as your vision in daylight. You lose most of your secondary vision and the peripheral vision is severely hampered.
• The 3 – 6 – 9 rule for establishing following distances is: During night driving and/or wet pavement operations, the distance should be extended to six seconds, When conditions involve driving on gravel roads or in winter snow and ice conditions, the following distance recommended is nine seconds
• When the hazard is observed, and it is determined it will be struck, the driver should go to the brakes as hard as possible

Hydroplaning

• It can occur at relatively slow speeds.
• It occurs whenever the depth of the water exceeds the tire tread depth.
• The proper recovery technique for hydroplaning is to ease off the throttle, slow the car and regain rolling friction.

Recovery Techniques

• Counter steer (if necessary) to keep the vehicle on the roadway; and gently accelerate slightly to shift weight to the rear; thus, reducing the risk of an over-steer situation.
• Allow the vehicle to gradually slow and safely stop.

Case law dictates guidelines for law enforcement emergency vehicle operations. Bisco v. Arlington established 3rd party liability for officers during pursuits. Canton v. Harris dealt with an agency’s deliberate indifference to training issues.