8489.00 Vehicle Apprehensions.docx

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 03/30/2023 Number 8489.00 Subject VEHICLE APPREHENSIONS ❑ New ❑ Rescinds Amends 03-10-20 Reference F.S.S. 316 F.S.S. 901.25 Reviewer/Approved by McKinley Miller Kennedy Reevaluation As Necessary Application All Employees Related Forms...

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 03/30/2023 Number 8489.00 Subject VEHICLE APPREHENSIONS ❑ New ❑ Rescinds Amends 03-10-20 Reference F.S.S. 316 F.S.S. 901.25 Reviewer/Approved by McKinley Miller Kennedy Reevaluation As Necessary Application All Employees Related Forms / Bulletins BLUE TEAM 2220-003-B Tire Deflation-Stop Stick Deployment PURPOSE: This directive establishes policy for officers who engage in vehicle apprehension techniques and pursuits. It also provides for an administrative review of circumstances involving vehicle apprehension techniques and pursuits, including the judgment exercised by involved officers and supervisors. This directive establishes guidelines for the execution and documentation of vehicle apprehension techniques such as blocking maneuvers, precision immobilization technique, and the safe deployment and recovery of tire-deflating devices. DISCUSSION: The goal of the Apopka Police Department is the protection of life and property, therefore the circumstance under which officers may engage in motor vehicle pursuits is strictly regulated. The decision to initiate a pursuit must be based on the pursuing officer’s conclusion that the immediate danger to the member and the public created by the pursuit is less than the immediate or potential danger to the member and public should the suspect remain at large. Considering the restrictions contained within this policy, officers may only engage in a vehicular pursuit in order to apprehend the individual or individuals that the officer reasonably believes has committed, or has attempted to commit, a forcible felony listed below as a “permitted forcible felony.” Under rare circumstances, a Watch Commander, Acting Watch Commander or higher may authorize other pursuits under exigent circumstances. Such exigency must be supported and defended by the authorizing supervisor. All other pursuits are prohibited. When a suspect drives a motor vehicle and fails to stop for an officer but makes no overt action to flee or elude the officer and does not violate traffic laws, this is considered a failure to stop rather than a motor vehicle pursuit. Officers may continue to attempt to stop the suspect’s vehicle while utilizing emergency lighting and sirens and following applicable traffic safety laws for a reasonable period of time and distance. A traffic stop is not considered a pursuit until such time as the driver resists the directive to stop and increases speed, violates traffic regulations, and/or takes evasive action and refuses to stop the vehicle. If the suspect vehicle uses evasive action or increased speed to avoid the traffic stop, the officer may only pursue if the pursuit meets the requirements of this order. POLICY / PROCEDURE: DEFINITIONS: A. Traffic Stop: An attempt, by use of an authorized emergency vehicle, with the use of emergency equipment, to conduct a traffic stop or otherwise apprehend occupants of a motor vehicle. An officer may take actions reasonably necessary to apprehend the offender but must do so with due regard for the safety of all persons and property. Traffic Stops are not considered pursuits until such time where a driver resists the directive to stop and increases speed or takes evasive action and refuses to stop the vehicle. B. Vehicle Pursuit: An active and continuing effort by a law enforcement officer in an authorized emergency vehicle to apprehend a fleeing suspect or suspects who is attempting to avoid apprehension through speed and other evasive tactics in a motor vehicle. C. Authorized Emergency Vehicle (Unit): Any authorized police vehicle equipped with operable emergency warning equipment as required by state law, including flashing, blinking or rotating blue emergency lights and a siren. D. Primary Pursuit Unit: The emergency unit that initiates the pursuit; or any emergency unit that assumes control of the pursuit as the lead vehicle. If the primary pursuit vehicle is not a fully marked police vehicle equipped with roof mounted emergency lights and sirens, the vehicle shall only be authorized to act as a pursuit vehicle until such time as a marked patrol vehicle with roof top emergency lights and siren can safely take over as the primary or secondary vehicle. E. Secondary Pursuit Unit: An emergency unit which trails the primary unit at a safe distance and which is available to assume the primary role or assist the primary unit if the fleeing vehicle is stopped. F. Assist Units: Other emergency police vehicles, other than the active pursuit vehicles (primary and secondary), may be designated as assist units. They are to remain alert to the direction and progress of the pursuit and may position themselves at strategic sites along the probable pursuit route or on parallel roadways for response to any emergencies that may develop. Any vehicle other than the Primary Pursuit Unit and the Secondary Pursuit Unit may only be directly involved in pursuing the suspect vehicle if requested and permitted by the Watch Commander (Lieutenant or above) or acting Watch Commander. G. Exigent Circumstances: Unforeseen threats to public safety that are not included in the “permitted Forcible Felony” exceptions where the continuing conduct of the violator presents an immediate and life-threatening danger to the public, law enforcement, or violator. An “exigent circumstance” may include a domestic terrorist threat, but such a threat is not required to be considered an “exigent circumstance.” H. Following: Cases where an officer “follows” a subject vehicle, but does not engage in apprehension efforts, do not constitute a “pursuit.” To “follow” means to drive in close proximity to a subject vehicle without using any apprehension efforts (such as hand signals, use of emergency take-down equipment, etc.). The police vehicle must adhere to traffic laws and traffic control devices. However, once a subject vehicle speeds away or takes any evasive action in an effort to distance itself from police, regardless if emergency take-down equipment has been activated, the officer shall immediately discontinue following the vehicle unless it meets the criteria for a pursuit as outlined in this policy. ‘Following’ is not the same as investigative surveillance (See Section V.B.7.) I. Investigative Surveillance: The surveillance of a vehicle that fled from agency members, or is wanted, or where criminal charges exist for the driver, without the surveilling officer attempting to stop the vehicle, activating any emergency equipment, and without the driver of the surveilled vehicle being aware of the surveillance. This will only be conducted with unmarked emergency vehicles not involved in any original pursuit and with the expressed permission of the on duty watch commander, acting watch commander, or member higher in rank. J. Precision Immobilization Technique (PIT): The Precision Immobilization Technique (PIT) is the intentional act of making contact with a violator's vehicle to force it (from its course of travel) to stop. Only officers who have been trained and demonstrated proficiency in this maneuver are permitted to use the PIT technique. K. Tactical Parking: A maneuver to prevent the escape and/or movement of a vehicle by placing one or more emergency vehicles in the path of a vehicle. This maneuver is used to prevent a pursuit. This maneuver is intended to be executed on stationary vehicles. Only officers who have been trained and demonstrated proficiency in this maneuver are permitted to use the tactical parking technique. L. Boxing-in: A tactical maneuver designed to stop a subject vehicle by surrounding it with three or more emergency vehicles, and then slowing all vehicles to a stop. Only officers who have been trained and demonstrated proficiency in this maneuver are permitted to use the boxing-in technique. M. Tire Deflating Devices (TDD): An agency-approved device that is designed to deflate tires on a motor vehicle. Only officers who have been trained and demonstrated proficiency in this use of the tire deflating devices are permitted to use them. N. Vehicle Apprehension Technique: One of the following: 1. Vehicle Pursuit 2. Precision Immobilization Technique 3. Tactical Parking 4. Boxing-in 5. Tire Deflation Device O. Permitted Forcible Felonies: A permitted Forcible Felony is the commission or the attempted commission of one of the following crimes: 1. Murder 2. Manslaughter 3. Robbery with a Weapon or Firearm (Actual or Implied) 4. Home Invasion with a Weapon or Firearm (Actual or Implied) 5. Sexual Battery 6. Arson to a Structure or Conveyance Reasonably Believed to be Occupied 7. Unlawful Throwing, Placing, or Discharging of a Destructive Device or Bomb 8. Kidnapping 9. Carjacking 10. Aggravated Assault with a firearm. Aggravated Assault on a Law Enforcement Officer (Does not include aggravated assault on LEO with a motor vehicle.) Aggravated Battery INITIATION OF PURSUIT If an officer makes the determination that the immediate danger to the officer and the public created by the pursuit is less than the immediate or potential danger to the officer or public should the suspect remain at large, an officer(s) may engage in a vehicle pursuit when they have a reasonable suspicion to believe that a fleeing suspect has committed, has attempted to commit or has a confirmed warrant for a permitted forcible felony. Suspects who are wanted for a violation of probation (VOP) for any offense shall not be considered a suspect in the aforementioned crimes. Therefore, pursuits are not authorized for VOP warrants. A Watch Commander (Lieutenant or above) or Acting Watch Commander may authorize the pursuit of a vehicle, when a reasonable suspicion exists, indicating an exigent circumstance exists and there is a reasonable belief that the continuing conduct of the violator presents an immediate and life threatening danger to the public, officers, or the violator. Additionally, the fleeing and eluding committed by the suspect vehicle due to the pursuit is not an offense which justifies a pursuit. Pursuits for non-forcible felonies which do not constitute an exigent circumstance as authorized by a Watch Commander (Lieutenant or above) or Acting Watch Commander are prohibited. DECISION TO PURSUE The decision to initiate a pursuit must be based on the officer’s conclusion that the immediate danger to the officer and the public created by the pursuit is less than the immediate or potential danger to the officer or the public should the suspect remain at large. Many factors have bearing on this decision, including, but not limited to: The originating offense warrants a pursuit and the offense meets the policy threshold for a pursuit. Whether there is an alternative means of apprehension. The nature of the suspected permitted forcible felony. The potential danger to the public caused by the eluding acts of a fleeing violator. The identification of the operator or there is a good possibility he/she can be identified at a later date. The speed of the violator (understanding that higher speeds create a greater risk for potential damage or injury) Conditions of the pursuit The area in which the pursuit will be occurring (residential areas, especially high density multi-family housing areas are not conducive to high speeds) The proximity to active school zones The area road conditions The area lighting The proximity to active special events The current weather conditions The proximity to congested business areas or intersections The proximity to areas where people congregate (i.e. schools, churches, movie theaters, bus stops) The type of vehicles involved in the pursuit The time of day The actions of the offender (reckless driving habits; failing to stop at stop signs or lights; ramming other vehicles to escape capture) The ability to maintain safe and maneuverable control of the authorized emergency vehicle(s) (higher speeds of the offender and officer escalate the danger to the community during the pursuit) Officers and the Watch Commander, or Acting Watch Commander, collectively and individually, each have an obligation to continually re-evaluate the situation to determine whether the apprehension of the suspect warrants the dangers associated with continuing the pursuit. If either the Watch Commander, Acting Watch Commander, or the pursuing officer at any time believes that the pursuit is no longer safe or warranted, the pursuit shall be terminated. If at any time a Watch Commander, or other supervisor, orders the officer(s) to cease a pursuit, the officer shall immediately terminate the pursuit. The pursuing officer(s) shall terminate the pursuit at any time he/she deems it is no longer safe or warranted based on their own determination of the facts without seeking approval from a supervisor. In instances where attempts to stop the suspect vehicle cannot be effected with reasonable safety, or approved vehicle apprehension techniques to stop the suspect vehicle have not been successful, officers will try to obtain enough information to make a future arrest without having to continue in a prolonged high-speed pursuit. RESPONSIBILITY DURING A VEHICLE PURSUIT: Engaged Personnel: Officers: Only sworn officers in an authorized emergency vehicle may operate vehicles involved in a vehicle pursuit. Citizen volunteers, code enforcement members, non-sworn evidence technicians, or other non-sworn employees who may be using department vehicles that have emergency equipment, including fleet operations members, shall not become involved in a vehicle pursuit. Personnel, when accompanied by non-sworn passengers, who become involved in a pursuit shall discontinue their involvement in the pursuit as soon as they can be relieved by another unit. Non-sworn passengers are civilians, to include, ride along program participants, prisoners, and authorized family members. Supervisors: Supervisors are responsible for monitoring vehicle apprehensions and ensuring they are within Procedural General Orders. Supervisors may determine the number, type, and manner in which department vehicles are involved during an apprehension, while ensuring consistency with this Order. Officers shall obey such direction. However, a pursuing officer may terminate a pursuit at any time without the direction of the supervisor. Responsibilities of the Primary Pursuit Unit: Officers shall immediately notify communications when a pursuit has started and provide the following information: Their radio identification number; The location, speed and direction of travel of the fleeing vehicle; A description and license plate number, if known, of the fleeing vehicle; The known or suspected permitted forcible felony that occurred which poses an imminent physical threat to the officer or the public; and The number of suspects (occupants) in the vehicle, if known. Responsibilities of the Secondary Pursuit Unit: It is recommended that one secondary unit join the pursuit to allow for the proper execution of apprehension techniques. Upon joining a pursuit, the secondary unit shall immediately notify communications of its identity. When practical, the secondary unit should assume the responsibility of radio communications for the primary unit. The secondary unit should maintain a safe distance from the primary unit, but be close enough to render assistance. Should the primary pursuit unit become disabled, the secondary unit will become the primary unit. This information should immediately be relayed to the communications center. Watch Commander/Supervisor Responsibilities: The supervisor of pursuing units has the responsibility of monitoring the pursuit to ensure safety and compliance with this order and making the decision to terminate pursuits that he/she deems unsafe, not pursuant to policy, or no longer warranted. Patrol supervisors (Sergeants and Lieutenants) shall assert control of the pursuit by monitoring and directing specific units into or out of the pursuit, re-designating primary, secondary, and back-up units, approving or ordering alternative tactics, or terminating the pursuit if appropriate. Upon being notified of a pursuit, given time and radio constraints, supervisors should verify the following factors: The reason(s) which initiated the pursuit, That no more than the necessary number of units are involved in the pursuit, That the proper radio channel is being used, That any potential inter-jurisdictional law enforcement agencies are notified, That an aviation and K-9 unit have been requested to respond and, That the following duties are being executed by communications: A dispatcher is designated to monitor the pursuit, "Emergency Radio Traffic" has been initiated, All units have been told that a pursuit is in progress, The dispatcher is provided with information that includes the radio identification numbers of the primary and support units, Radio transmissions are multi-selected on all radio channels, if applicable, and that locations or changes in pursuit directions are routinely updated, Record checks are handled as quickly as possible, Information provided by pursuing units is repeated as necessary, The status of the request for aviation and K-9 units Establish a common radio channel when pursuits have or are likely to cross jurisdictions, and, Monitor the pursuit until it has been terminated. OPERATIONAL TACTICS OF A PURSUIT: Method of Pursuit: No more than the necessary number of units will engage in the pursuit. It is recommended that two units, one primary and one secondary unit engage in the pursuit, unless specifically requested and/or authorized by a supervisor. All other units involved will take the role of assist units with responsibilities outlined in this order. All emergency equipment, including sirens, will be used. A caravan of unassigned units is prohibited. Officers are prohibited from traveling the wrong way on a divided roadway, or one way street after a suspect vehicle. This does not preclude officers from utilizing any part of the roadway to change directions in a safe manner. Pursuing units will maintain a reasonable and safe distance from the suspect vehicle, except when initiating and carrying out apprehension techniques. Unmarked vehicles which meet the definition of an approved emergency vehicle are permitted to engage in pursuits, but will be relieved by the first available marked vehicle with roof mounted emergency lights and siren, which can safely take over as the primary pursuit unit. Unmarked vehicles will act as secondary pursuit units until a second marked vehicle with roof mounted emergency lights and siren can safely take over as a secondary pursuit unit. At such time the unmarked vehicle(s) should discontinue pursuit mode, and should only continue in a safe manner if additional units are required. Initiating pursuit vehicles may relinquish primary pursuit position to neighboring city/county law enforcement officers when crossing jurisdictional boundaries. Officers will immediately terminate a pursuit if they lose radio contact with the communications center or their supervisor. Contact via cell phone is not an acceptable alternative form of communication. Officers shall not pass one another unless permission is granted by the member being passed or an unforeseen mechanical failure occurs and the secondary pursuit unit notifies the primary pursuit unit of its intention to pass. Officers shall maintain the ability to safely maneuver and control their authorized emergency vehicle at all times. If any individual is injured or potentially injured during the pursuit, even if the pursuit is on-going, an officer shall immediately respond to render aid to the injured or potentially injured individual. Stationary roadblocks in the path of moving vehicles are prohibited. Officers will not discharge their firearms at or from a moving vehicle unless the occupants of the suspect vehicle are using deadly force against the officer or another person by means other than the vehicle. NOTE: Firearms may be used only under circumstances which provide a high probability of striking the intended target and without causing harm to innocent persons. Use of a firearm by an officer must additionally meet the requirements of General Orders 8480.00 Response to Resistance and 8484.00 Lethal Force and Approved Lethal Weapons. If aerial surveillance is available, the aviation crew will notify APD communications and establish radio communication with ground units. When feasible, the aircraft becomes responsible for communicating the progress of the pursuit, but only after communication is established between the air and ground units confirming the transfer of this responsibility. At that time, all pursuing members should break away from the pursuit and allow the suspect vehicle adequate distance. Disengaging will be at the discretion of the Watch Commander (or acting), accounting for best practices regarding apprehension and safety considerations. Terminating the Pursuit: The decision to terminate a pursuit may be the most rational means of protecting lives of the public, law enforcement officers, property and suspects. Officers have a continuing obligation to discontinue a pursuit when circumstances dictate it is no longer justified or reasonable. A pursuit shall be terminated if: The officer or supervisor determines the level of danger outweighs the necessity of the pursuit, The suspect's identity has been established to the point that later apprehension can be accomplished and he/she does not pose an imminent danger to the public, The distance between the officer and the suspect vehicle is so great it becomes obvious that apprehension is unlikely, Equipment failure makes it impractical or unsafe to continue the pursuit, Radio contact is lost with the communications section and/or the supervisor monitoring the pursuit, The officer engaged in the pursuit no longer has a reasonable belief that the suspect is committing, has committed, or is attempting to commit a serious criminal offense. Because a pursuit can travel through varying geographical locations, changing conditions may cause the belief that the pursuit should be terminated for the safety of the public at large. The pursuing officer and the Watch Commander each individually and collectively have a duty to re-evaluate the situation to determine whether continuing a pursuit warrants the dangers. If any circumstance arises which makes either the pursuing officer or Watch Commander believe that a pursuit is no longer safe or warranted, it shall be immediately discontinued. When an officer or supervisor terminates a pursuit, all pursuing officers will immediately cease to follow or attempt to apprehend the suspect vehicle in any manner whatsoever, and will turn off their emergency lights and siren. When safe to do so, all pursuing members will turn their vehicles in a direction of travel away from the suspect vehicle or pull to the side of the road to signify that they are no longer engaged in the pursuit. The Communications dispatcher will utilize an Alert Tone and broadcast over all radio channels that the vehicle pursuit has been terminated. Each officer actively involved in the pursuit shall acknowledge their termination via radio. Any attempt to re-engage a suspect in a vehicle pursuit or re-engage in any other manner (i.e. surveilling in an unmarked vehicle) after the initial pursuit has been terminated must be specifically authorized by the Watch Commander. The surveillance of the suspect vehicle by an officer in an unmarked vehicle may only be conducted after the request to and approval from the on duty Watch Commander, Acting Watch Commander, or above. If the suspect vehicle begins to take any evasive action or fails to follow traffic regulations, the surveillance attempts will be immediately terminated and the unmarked vehicle will discontinue surveilling and begin to travel in a different direction or pull to the side of the road. Inter-Jurisdictional Pursuits: Pursuits traveling outside of Jurisdiction: If a pursuit appears to be continuing outside of Apopka’s jurisdiction, the pursuing officer will instruct communications to notify the foreign jurisdiction into which the pursuit is entering and request their assistance. Notifications should include: Nature of offense/reason for pursuit, Number of suspects in the pursued vehicle, Number of units currently involved, Direction of travel and the suspect’s description, Any special conditions or considerations. If assistance is granted, a unit from the foreign jurisdiction should assume the primary unit position, if practical, once the pursuit has entered that jurisdiction. The primary pursuing Apopka unit should then continue as a secondary unit at a safe distance behind the new primary unit. If the foreign jurisdiction has both a primary and secondary unit behind the suspect vehicle, Apopka units should take a supporting role. Only the number of necessary units will continue the pursuit outside the jurisdiction. Supervisors should limit and monitor the number and manner of actively engaged Apopka units in an extra-jurisdictional pursuit. Responsibility for continuing or terminating a pursuit should transfer to the foreign jurisdiction once the foreign agency has engaged in the pursuit. If the pursuit is terminated by the foreign jurisdiction's primary unit, the Apopka unit will also terminate the pursuit, unless specific authorization by an Apopka Supervisor has been granted to continue. If the foreign jurisdiction does not grant assistance to the Apopka Police Department, the primary unit and on duty supervisor must re-evaluate the need to continue the pursuit based upon existing conditions, to include geographic knowledge of the area. If the decision is made to continue the pursuit, the communications section will continue to inform other affected jurisdictions and request their assistance. If a foreign jurisdiction requests the pursuing Apopka unit discontinue the pursuit in view of public safety concerns, the Apopka unit may terminate the pursuit. Officers continuing a pursuit outside of Apopka’s jurisdiction will adhere to the policies of the Apopka Police Department. Pursuits traveling into our Jurisdiction: Apopka Police Officers will only assist with pursuits when all of the following exist: There has been a specific request for our assistance from the pursuing agency. An Apopka Police Department supervisor specifically authorizes officers to become involved. If an Apopka Police Department supervisor directs officers to become involved in a pursuit of another agency, Apopka officers should act as an assist unit and not as a primary or secondary pursuit unit. Assisting with a pursuit that enters Apopka will depend upon the methods and circumstances used by the pursuing agency. If those methods and circumstances do not appear to meet the requirements of this policy, Apopka officers will not become involved in the pursuit. An Apopka supervisor may request the pursuing agency terminate a pursuit due to public safety considerations. If Apopka officers are not authorized to be involved in the pursuit, Apopka officers will remove themselves from the area of the foreign pursuit. Apopka Police Department officers will not follow or provide rolling, paralleling tactics around an inter-jurisdictional pursuit unless directed by the Apopka supervisor. VEHICLE APPREHENSION TECHNIQUES: Precision Immobilization Technique (PIT) The Precision Immobilization Technique (PIT) will be used only by officers who have been trained and shown proficiency in the technique. The use of the PIT, intended to apprehend a driver or occupant the officer reasonably believes is committing or has committed a permitted forcible felony, or with the approval of a Watch Commander, Acting Watch Commander or above, will be permitted only if the maneuver occurs at a time and place and in a manner that human life and property are not unreasonably endangered. The PIT may be used by an Apopka Police Officer to end a pursuit authorized under this policy when the perpetrator's escape or continued flight would create a substantial risk to the public. When the time delay to wait for a supervisor’s authorization to conduct a PIT maneuver in a rapidly changing “window of opportunity” becomes inherently dangerous to the officer and public, the individual PIT certified officer may utilize a PIT maneuver, based on their own independent evaluation of the particular facts, the dangers associated with the maneuver, and this policy. The use of a PIT against motorcycles is prohibited unless the use of deadly force is justified. Officers will use caution when using the technique against vehicles having a high center of gravity (i.e. sport utility vehicles, trucks, and vans). Trained officers operating sport utility vehicles, pickup trucks or similar vehicles may only use the technique with extreme caution and only under those conditions when it can be applied with relative safety to the officer, suspect, and innocent parties. The use of the Precision Immobilization Technique against vehicles with one or more deflated tires should be undertaken with extreme caution and consideration to the safety of all other persons. TIRE DEFLATION DEVICE PROCEDURES: Authorization: Sworn members may only use an agency-approved tire deflation device or system to deflate the tires of a motor vehicle. Deflation devices may be deployed under the following circumstances; In an attempt to terminate an authorized pursuit. In an attempt to prevent the flight of a stationary vehicle involved in a felony crime. During approved traffic investigation operations (DUI road block, etc.) when approved in the operational plan. When authorized by a Watch Commander or above for other incidents when it has been deemed that the flight or continued movement of the subject vehicle poses a substantial threat of danger to the public. If tire deflation devices are successfully deployed and the vehicle begins/continues to flee, a pursuit is only authorized if the crime committed is within the guidelines of this policy authorizing a pursuit. Only officers who have been trained and demonstrated proficiency in the use of the Tire Deflation Device may use the device in accordance with the manufacturer’s specifications. Deployment: The use of Tire Deflation Devices will be governed by sound, professional judgment and the procedures outlined in this policy. Tire Deflation Devices will not be used on vehicles having less than four tires unless the use of deadly force is justified. Tire Deflation Devices should not be deployed to stop the following vehicles unless continued movement of the suspect vehicle would result in an increased hazard to others: Any vehicle transporting known hazardous materials, unless such vehicle is being used by a terrorist organization/individual as a means to carryout terrorist activity. Any passenger bus transporting passengers. Any school bus transporting students. Officers involved in using a Tire Deflation Device will consider the following before using this equipment: Vehicle Dynamics: The potential danger to the public caused by the actions of the suspect vehicle. The speed of the suspect vehicle Types of vehicles involved Area conditions Roadway The area in which the vehicle is located or approaching: Residential areas, especially high density multi-family housing areas which are not conducive to these actions School zones Special events in progress Congested business areas or intersections Areas were people congregate (i.e. schools, churches, movie theaters) Lighting conditions Weather conditions The time of day Suspects' vehicle speed and driving style: Extreme high speed, Reckless driving habits, failure to stop at stop signs or lights, Ramming other vehicles to escape capture. Ability to maintain safe and maneuverable control of the authorized emergency vehicle. Consider the position and vulnerability of the public, private property, other assisting units and equipment shall be considered prior to the use of an approved Tire Deflation Device. Circumstances permitting, back-up or secondary units will normally attempt to establish at least one location where the visible presence of law enforcement officer(s) is apparent to the suspect. This will be done in an effort to make the suspect fully aware of law enforcement’s command to stop and their attempts to apprehend. Should the suspect fail to stop or if the pursuing officer and/or supervisor have reason to believe that the continued movement of the fleeing vehicle will place the driver and/or the general public in imminent danger of serious bodily harm or death, the back-up units may use the approved Tire Deflation Device. The devices will be used for the sole purpose of bringing the suspect vehicle to a stop. If the incident involves a stationary vehicle, visual/verbal commands will suffice prior to deployment. During covert operations where it is necessary to deploy a Tire Deflation Device before contacting a suspect(s), no prior notification is necessary. This type of deployment may be done when there is reason to believe that the suspect will flee prior to law enforcement contact. The suspect ignores the efforts and warnings that would be considered otherwise obvious and visible to a reasonable person in the suspect’s position. If the use of a Tire Deflation Device is requested by an outside agency to apprehend a vehicle, the Tire Deflation Device may be used under the following circumstances: At least one of the deployment criteria in VII.B.2 (above) is met, and The Tire Deflation Device is deployed by a trained officer of the Apopka Police Department, and The on-duty supervisor or Watch Commander authorizes its use. NOTE: Tire Deflation Devices may not be loaned to another agency. The use is consistent with this policy. Placement: Single stick deployments are intended for use on stationary vehicles to prevent escape. Single “stick” or untethered Tire Deflation Devices are neither easily nor safely retrievable once deployed and should not be utilized on actively fleeing vehicles unless deemed tactically sound and after authorization by a Watch Commander or above. Tire Deflation Devices are not to be deployed from moving vehicles unless authorized by a Watch Commander or above, as a last option to terminate an authorized pursuit. If it appears that an officer will drive over the tire-deflating devices before the system is retrieved, the officer must not take radical evasive action and accept the flat tires. Most effective location for the placement of tire-deflating devices: Deployment locations should have reasonable good sight distances to enable the officer deploying a Tire Deflation Device to observe the pursuit and/or suspect vehicle as well as other traffic as it approaches. Tire Deflation Devices should not be deployed immediately prior to entering a curve unless the use of deadly force is justified. The officer deploying a Tire Deflation Device should choose a location with natural barriers such as overpasses, buildings, patrol vehicles, or other dense objects. Patrol vehicles may be used if no other barrier is available. These barriers will conceal the officer from the suspect’s view and allow deployment of the devices from a position of safety. Post Deployment: Officers will obtain replacements for damaged Tire Deflation Devices from the quarter-master. If any portion of a tire deflation device becomes damaged, a replacement will be obtained as soon as possible. TACTICAL PARKING The positioning of one or more agency vehicles, marked or unmarked, in a position to prevent the escape of a suspect vehicle from a stationary position. This technique shall only be used by personnel after the successful completion of approved training and a demonstration of proficiency, officers are authorized to use a tactical parking maneuver on a stationary vehicle when there is a reasonable belief that the driver will flee upon the sight of law enforcement. BOXING-IN MANEUVERS Boxing-In is a moving Vehicle Tactic that consists of using law enforcement vehicles to form a tight box around a suspect vehicle so it can be forced to slow down and stop. Boxing-in can be executed with three or four police vehicles depending on the roadway environment, and light incidental vehicle contact may occur while maintaining the box around the suspect vehicle. NOTE: Extreme caution must be used during all facets of this maneuver in the event the subject(s) open fire on Officers at these very close quarters. This technique shall only be used by personnel after successful completion of approved training and a demonstration of proficiency. Officers are authorized to use a boxing-in maneuver under the following circumstances: Only under those circumstances when a pursuit has been authorized and conditions are favorable to conduct this maneuver. At low speeds. VEHICLE APPREHENSION REPORTING: A. Documentation and Tracking 1. In order to appropriately document and track events, ALL Vehicle Apprehensions, or Attempted Vehicle Apprehensions, will be reported in ‘Blue Team’ and in an Incident Report. (An attempted vehicle stop, where the vehicle actively flees, but the officer does not pursue, is not considered an attempted vehicle apprehension.) B. Blue Team and Incident Reporting 1. A Blue Team Report and an Incident Report will be completed under the following circumstances: a. After every pursuit, including those that directly involve Apopka officers assisting a foreign jurisdiction. b. The use of Tire Deflation Devices, execution of the Precision Immobilization Technique, Tactical Parking maneuver, or Boxing-In technique as utilized during a vehicle pursuit must be documented in this report. (Additionally, the use of a Tire Deflation Device will be documented on a Tire Deflation-Stop Stick Deployment Form (2220-003-B) and scanned into the Blue Team report.) c. The reports will be completed by the officer(s) who conducted (or who was directly involved in) the pursuit or other vehicle apprehension technique, and submitted to a reviewing supervisor before going off duty. If the initial officer does not have the ability to do so, the reports will be completed by the supervisor. The supervisor will review the reports for accuracy and completeness, provide recommendations, sign or initial, and forwarded through the chain of command for review. 2. When an attempt to stop a vehicle (traffic stop) is initiated and the vehicle actively flees, but the officer does not pursue, it is only necessary to complete a Blue Team Report. There are, however, mitigating factors which would require the completion of an Incident Report as well. Some of them include, but are not limited to: a. The officer is able to identify the driver of the fleeing vehicle. b. The actions of the fleeing driver cause injury or property damage to another. C. Attachments: 1. Photographs of any damage to any vehicle or any damage to any personal property will be taken prior to the removal of the vehicles or property. Overall pictures of the entire scene will also be taken to document the incident and attached to the reports. Videos of the pursuit, including body cameras, in car cameras, and any other video captured or identified will be attached to the reports. Vehicle numbers, including driver identification of the vehicles, will be included. 2. Injuries or complaints of injury due to any pursuit or other vehicle apprehension technique, will be documented and a statement and/or photographs will be attached. If the individual is not in a state to give a statement due to injury, a statement will be obtained at the earliest opportunity. If the individual is unable to write a statement, an audio or video statement will be taken. If there are other legal reasons that the individual will not give a statement, (i.e., invokes his/her right to remain silent), those reasons and attempts will be documented. D. When a Tactical Parking maneuver has been executed by an officer, it is considered an intentional act that does not constitute a vehicle crash by Florida Statute's definition. Therefore, the completion of DHSMV forms is not required. 1. Any vehicle(s) or other property sustaining damage as a result of the use of any Vehicle Apprehension Technique will be reported immediately to the officer's supervisor. The supervisor will then properly document the damage as outlined in policy. 2. If there is extensive damage to a department vehicle, the supervisor should assess the damage and determine if Crime Scene investigators should respond to document and process the scene. The supervisor will also determine if the vehicle should be towed or driven to fleet services or returned to service. E. Anytime life threatening injuries or death result from the deployment of any Vehicle Apprehension Technique, Crime Scene investigators will respond to document and process the scene. The incident shall be documented on the appropriate forms. F. If the incident is deemed to be a crash and not a legal intervention, the Florida Highway Patrol shall be called to complete the crash report. Copies of all reports will be forwarded through the chain of command to the Police Chief. XI. Review Supervisors will review the actions surrounding each vehicle apprehension, attempted vehicle apprehension or vehicle apprehension technique and provide a recommendation regarding its compliance or non-compliance with policy to the chief of police. Each vehicle apprehension, attempted vehicle apprehension or vehicle apprehension technique report will be reviewed by a department trainer regarding the techniques use. An attempted vehicle stop, where the vehicle actively flees, but the officer does not pursue, is not considered an attempted vehicle apprehension. Therefore, the Blue Team entry is only required to be reviewed by the supervisor and not required to be forwarded to a department instructor. Upon review, the Police Chief or Deputy Police Chief may: 1. Convene a vehicle apprehension review board to examine the pursuit or other apprehension technique in detail. The board will convene a debriefing with those members involved in a manner to provide positive and negative feedback, and review all other documentation it deems relevant. 2. Forward the information to professional standards regarding any potential or actual violation of policy or law on the part of members. 3. File the vehicle apprehension report with no further review. XII. INJURIES TO DEPARTMENT PERSONNEL Employee injuries sustained during a motor vehicle pursuit, precision immobilization technique, use of a tire deflation device, Tactical Parking maneuver, or boxing-in technique. If any employee sustains injuries or alludes to any possible injury, an Incident-Accident Form (https://form.jotform.com/51613194192958) will be completed pursuant to policy by the employee (or by the supervisor if the employee is unable to complete it). If the energy force from the impact of vehicles is such that there is a possibility of any injury, regardless of physical appearance, the fire department will be notified for response and evaluation. XIII. TRAINING Newly appointed members will receive training on this policy during the orientation phase of the Field Training and Evaluation Program (FTEP). XIV. MISCELLANEOUS: If any department vehicle is functionally damaged, it will be removed from service and inspected by fleet maintenance before it is returned to service. Supervisors will ensure the appropriate staff page will be sent regarding any vehicle apprehension technique conducted by department personnel.