Bexar County Sheriff's Office Policy Manual - Chapter 43 Pursuits and Stop Techniques PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Issue Date Effective Date Chapter Number October 27, 2022 October 28, 2022 Forty-Three Subject Office Pursuits and Stop Techniques...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Issue Date Effective Date Chapter Number October 27, 2022 October 28, 2022 Forty-Three Subject Office Pursuits and Stop Techniques Sheriff’s Administration/Patrol Div. References Enclosures Sec. 546.005 Texas Transportation Code. None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees November 13, 2017 December 1, 2023 7 Approved by: Javier Salazar, Bexar County Sheriff 43.01 POLICY Vehicular pursuits are critical incidents. The way in which we perform, terminate, and supervise vehicle pursuits is an important element of protecting the public we serve. The Bexar County Sheriff’s Office (BCSO) may restrict or block the ingress or egress of community vehicles onto the path of the pursuit, as needed. However, this does not include the use of stationary roadblocks in the path of violators. 43.02 PURPOSE A. Considering the BCSO’s commitment to protecting the general public, and specifically innocent life, pursuits are conducted under the guidelines of this policy. B. Violators fleeing in a vehicle by employing high-speed or reckless conduct present an unpredictable danger to the public, deputies, and the suspects themselves. C. Of particular importance, is the possibility of damage or injury this violator may cause to members of the public who are not involved in the pursuit. This threat to the public may continue or even increase even after deputies have terminated a pursuit unilaterally. D. Vehicle pursuit conditions are tense, uncertain, and rapidly evolving situations. Under such conditions, deputies should continually assess the risk to themselves and the public. 43.03 DEFINITIONS A. AUTHORIZED EMERGENCY VEHICLE - A vehicle equipped with operable emergency equipment as defined by state law, including a siren and emergency signaling lights. B. CODED CALL - A request for service, which has a strong potential for the threat of immediate danger of death or severe bodily injury to an individual. C. CONTROLLED DEFLATION DEVICE - Commonly referred to as spike strips or stinger mats, these are extendable devices holding hollow spikes which, when deployed, causing controlled deflation and thus gradually immobilizing the vehicle. Only those deputies trained in the use of tire deflation devices are authorized to deploy this equipment. 1 D. CONTROLLING SUPERVISOR - The on-duty Patrol Supervisor initially assigned will have the responsibility to control the pursuit; any non-sector patrol shall have their supervisor announce their intention to assume ALL responsibilities in becoming the controlling supervisor. E. EXIGENT CIRCUMSTANCE - An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a violent suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by deputies. F. PRIMARY UNIT - The law enforcement unit that first joins the pursuit or any unit that assumes the lead pursuit vehicle position. G. SECONDARY UNIT - Any law enforcement vehicle that becomes involved as a backup to the primary unit, and follows in the direct path of the pursuit or supports the primary unit at a safe distance. H. TRAILING - Simple act of following behind at safe interval from the suspect vehicle while giving both visual and audible indications that the violator should stop, and advising the public, dispatch, and other units of the suspect’s location and actions. Trailing units are not actively engaged in the pursuit. I. VEHICLE PURSUIT - A vehicle pursuit begins when a violator drives away or attempts to evade a deputy who has signaled for the motorist to stop. Violators initiate a vehicle pursuit, not the deputy. The deputy may decide to continue or terminate the pursuit; however the violator’s actions start it. 43.04 PROCEDURES A. A pursuit may be engaged when the following conditions exist: 1. A hazardous moving violation in the deputy’s presence or view; 2. Felony in which probable cause has been established (except for fleeing); 3. An act of Family Violence, as defined by state statute, has just occurred and the suspect is fleeing; and/or 4. Deputy’s reasonable belief that the suspect, if allowed to flee, presents a threat of serious bodily injury or death to the public. B. A pursuit WILL NOT be engaged for the following conditions: 1. Equipment or non-moving violations (i.e. Inoperable license plate light or tail light; seatbelt violation, etc...); 2. Misdemeanor traffic warrants; 3. Misdemeanor offenses or misdemeanor arrest warrants; and/or 2  4. When the violator is KNOWN, has been identified to deputies, and a warrant can be obtained at a later time; unless, if allowed to flee, he presents a threat of serious bodily injury or death to the public. C. Once engaged in a pursuit: 1. The pursuing deputy will verbally communicate with the BCSO Public Safety Communications Center (PSCC) dispatcher that he is in a “pursuit” (not “refusing to stop” or “not yielding”); 2. The PSCC dispatcher will acknowledge and confirm a pursuit exists; 3. The PSCC dispatcher will immediately assign a controlling supervisor who shall authorize or terminate the pursuit; and 4. If no supervisor responds the PSCC dispatcher will terminate the pursuit. D. In deciding whether to engage in or continue a vehicle pursuit, deputies should consider: 1. Observed or reported offense(s); 2. The continued threat the violator poses to others, if their dangerous conduct continues unchecked; 3. Vehicle speeds, road, weather, and environmental conditions; 4. Population density, and vehicular and pedestrian traffic; 5. Relative performance capabilities of the pursuit vehicle and the vehicle being pursued; 6. Presence of other persons in the law enforcement vehicle and vehicle being pursued [if known]; 7. Alternative means or opportunity of apprehending the violator; and/or 8. Deputy’s knowledge of the area and roadways. E. Engaging a vehicle pursuit: 1. Pursuit Deputy Responsibilities: a. Pursuing deputy activates appropriate warning equipment, including audible siren and emergency signaling lights to signal the actor to stop, and to provide continued warning to the public. b. Notify the PSCC dispatcher that a violator has initiated a pursuit and the deputy is engaging; time and conditions permitting, he provides the following information: 1) Unit identification; 3  2) Description and license number of the fleeing vehicle, if known; 3) Initial and subsequently observed offenses; 4) Location, speed, and direction of travel of the fleeing vehicle; and 5) Number of occupants in the fleeing vehicle, and descriptions, if known. c. Continually keep the PSCC dispatcher updated on the progress of the pursuit. d. While pursuing suspects, deputies will operate their vehicles in a safe and prudent manner, being always mindful of physical and climatic conditions, other traffic, and other driver’s actions that could adversely affect them. Deputies shall never operate their vehicles in what could be considered a reckless manner nor shall they ever knowingly or intentionally place the public or themselves in needless danger. e. Unless authorized by the controlling supervisor, a pursuit is limited to no more than two emergency vehicles; a primary and a secondary (back-up) unit. All other personnel must stay clear of the pursuit, unless authorized to participate by the controlling supervisor. f. Any primary or back-up unit sustaining damage or failure of essential vehicular equipment during pursuit must discontinue pursuit. The withdrawing unit notifies the PSCC so that another unit may be assigned to the pursuit. g. The secondary unit should take over communications with the PSCC, allowing the primary unit to pursue. h. Primary pursuit unit will become secondary when the fleeing vehicle comes under air surveillance or when another unit has been assigned or assumes primary responsibility. i. When air surveillance is established, all units directly involved in the pursuit follow the directions of the air unit, as long as the aircraft maintains visual contact. j. A primary unit will become the secondary unit when the primary unit determines any conditions unfavorable for that unit to be the lead unit. F. Supervisor’s responsibilities 1. A supervisor will be advised as soon as possible and will become the controlling supervisor. 2. In the instance where the controlling supervisor is the primary unit, the supervisor will remain primary until they can be relieved by another unit. Should no other unit be available, the controlling supervisor (regardless of rank) will relinquish his responsibilities to the next available supervisor. 3. When made aware of the vehicular pursuit, monitor incoming information. 4. The controlling supervisor will verbally authorize or terminate the pursuit. 4  5. Coordinate, direct, and reinforce use of proper procedures; and 6. Where possible, respond to the route where a pursuit is occurring, and to the location of the stopped vehicle, once the pursuit has ended. 7. The controlling supervisor will continuously monitor the pursuit. 8. The controlling supervisor may terminate the pursuit at any time. G. Public Safety Communications Center Responsibilities: 1. The PSCC dispatcher will immediately advise a PSCC supervisor of essential information regarding the pursuit, and designate a controlling supervisor. 2. Carry out the following activities and responsibilities during the pursuit: a. Receive and record relevant incoming information about the pursuit and the pursued vehicle and suspects; b. Control radio communications and clear radio channels of all non-emergency calls; instruct non-involved units to use a designated support channel; c. Obtain criminal record and vehicle checks of the suspects; d. Coordinate the controlling supervisor’s request for back-up assistance, as directed; e. Notify neighboring jurisdictions, when practical, that the pursuit may extend into their locality; f. Place emergency medical, fire, or hazardous materials responders on stand-by for rapid response in case of injury to persons, fire, or hazardous materials incident; and g. Verify the location and type of termination (i.e. self, crash or controlling supervisor). 43.05 PURSUIT TACTICS A. Deputies will not normally follow the pursuit on parallel streets unless authorized by the controlling supervisor or when it is possible to conduct such an operation without unreasonable hazard to other vehicular or pedestrian traffic. B. When following the suspect vehicle, deputies try to obey the three to four second rule, attempting to stay at least three to four seconds behind the suspect vehicle, as determined by estimating the passing times of fixed objects. C. Patrol units with the most prominent markings and emergency lights are used to pursue, particularly as the primary unit. 5 D. Motorcycles and unmarked vehicles may be used for pursuit only in exigent circumstances and when weather and related conditions allow. They must disengage when direct support from marked patrol units become available. 43.06 PURSUIT TERMINATION A. Any deputy engaged in or supporting the pursuit may terminate the pursuit at any time. B. Generally, once a violator starts a pursuit it will be successfully terminated because of one or more of four means: 1. Violator decides to stop the pursuit; 2. Deputy termination due to unfavorable conditions as perceived by a deputy; 3. Deputy termination when the suspect is positively identified and may be arrested at a later date; and/or 4. Successful results from the deployment of termination tactics, techniques, or devices. C. The controlling supervisor and the primary unit shall continually assess the pursuit as it evolves. The termination of a pursuit shall be ordered when reasonable belief of the risk(s) to the public safety outweigh the benefit of an immediate apprehension of the violator(s). D. In the event of a collision involving a vehicle or person, the closest deputy stops and renders assistance, including calling for medical assistance as necessary. E. Intervention tactics short of deadly force, such as spike strips, may be used only after receiving authorization from the controlling supervisor and when it is possible to do so in safety. Deputies utilizing the technique must have successfully completed training in the applied tactic. Beyond the discussions contained in other portions of this policy, here are some tactical issues to consider: 1. Trailing - The tactic of trailing can be employed at most speeds, however involves no immediate efforts to stop the suspect. Depending on deputy perceptions and tactics, an incident may evolve from pursuit mode to a trailing mode, and back to a pursuit mode. 2. Controlled Deflation Device - Spike strips and similar devices shall not be used on fleeing motorcycles unless deadly force is otherwise authorized by chapter nine use of force policy. 43.07 OTHER TACTICAL & OPERATIONAL CONSIDERATIONS A. Outside Agency Pursuits: Any outside agencies requesting BCSO assistance in initiating or continuing a pursuit that, by their own policy, the outside agency’s officers are not allowed to engage in, will be declined. If the request is for assistance with a pursuit already authorized and properly conducted by the other agency’s policy, assistance will be provided as needed. Under NO circumstances will a BCSO deputy assume the lead/primary vehicle position during another agency’s pursuit, except when: 6  1. All other agency units have abandoned the pursuit and the BCSO Deputy observed actions and/or violations that would have warranted him to initiate a pursuit; 2. Permission is received from a controlling supervisor; and 3. Conditions are met as described in Chapter 43.04 of this manual. B. Inter-Jurisdictional Pursuits: Pursuing deputies will notify the PSCC when it is likely a pursuit will cross into neighboring jurisdictions and obtain supervisors’ approval. C. In the event a vehicle pursuit is initiated by an outside agency who is dispatched by BCSO, a supervisory officer, excluding the primary officer, from that agency will acknowledge the pursuit and will assume control of the pursuit. If a supervisory officer of that agency does not acknowledge and authorize the pursuit immediately, a BCSO law enforcement supervisor may assume the role of managing supervisor at the BCSO supervisor’s discretion, only if the pursuit conforms to current BCSO policies. If the BCSO supervisor, as the managing supervisor, finds that the pursuit becomes unsafe or falls outside of any BCSO policies, they will immediately terminate the pursuit. D. After-Action Reporting: 1. All deputies participating in a vehicle pursuit will file a written report or supplement the report of the primary unit, on the appropriate form detailing the circumstances, their actions, and observations. A supervisors report will be filed after every pursuit regardless of whether or not an apprehension was made. Tracking all pursuits is an important element of the agency’s training and policy planning process. 2. A copy of the post pursuit report is forwarded to the command staff for an internal review. A Pursuit Evaluation form and review packet will also be submitted to Training and Research & Planning. 7