St. Johns County Sheriff's Office Pursuits & Apprehension Techniques Policy 41.6 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Pursuits and Apprehension Techniques Effective Date: 06/30/2006 Policy 41.6 Amended Date: 05/19/2023 ACCREDITATION STANDARDS CALEA: 41.2.2, 41.2.3 CFA: 14.05 FCAC: FLA-TAC: FMJS: Discussion: Vehicle pursuits expose innocent citizens, law...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Pursuits and Apprehension Techniques Effective Date: 06/30/2006 Policy 41.6 Amended Date: 05/19/2023 ACCREDITATION STANDARDS CALEA: 41.2.2, 41.2.3 CFA: 14.05 FCAC: FLA-TAC: FMJS: Discussion: Vehicle pursuits expose innocent citizens, law enforcement deputies and fleeing violators to the risk of serious injury or death. Vehicle pursuits require deputies to exhibit a high degree of caution and sound judgement. This policy establishes guidelines for vehicle pursuits and apprehension techniques. [41.2.2] [41.2.3] [CFA 14.05] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Caravanning – The following and direct participation in a pursuit by unauthorized agency vehicles. Exigent Circumstances – Those situations that fall outside the normal scope of operation or policy and require immediate aid or action. Forcible Stopping Technique – A deliberate, coordinated tactic by two or more patrol vehicles to force a vehicle in a specific direction, force the vehicle to stop, or reduce speed. This is accomplished by maneuvering patrol vehicles in front of, behind, or to the sides of the vehicle to eliminate the fleeing of a suspect vehicle from a parked position or traveling less than ten (10) miles per hour. Precision Immobilization Technique (PIT) – Is the intentional act of using an agency vehicle to physically force a fleeing vehicle from a course of travel in order to stop it. Stationary Roadblock (Channelization) – A tactic designed to create a narrow path of travel for a moving violator vehicle. The channelization is designed to offer an obstacle to the violator and make use of a display of force. Stop sticks should be used if the violator proceeds through the path of escape (channel). [41.2.3] Stop Sticks – Equipment designed to be placed in the path of an oncoming violator’s vehicle and struck by that vehicle. When in place, the affected tires are pierced by objects, which let a controlled amount of air out of the tire. Pursuits and Apprehension Techniques 41.6 Page 1 of 11 Vehicle Apprehension Techniques – The tactics and strategies designed to end a pursuit and take a suspect into custody, who is in a moving or parked motor vehicle and includes, but not limited to:  Forcible stopping technique  Stop sticks  Stationary roadblocks (channelization)  Precision Immobilization Techniques (PIT)  Or other approved tactics Vehicle Pursuit – An active and continuing effort by a deputy in an authorized emergency vehicle to apprehend the occupants of a moving vehicle, provided the driver of such vehicle is or should be aware of the attempt being made, increases their speed, takes other evasive actions or refuses to stop in an attempt to avoid apprehension. GENERAL.1 All pursuits shall be conducted in strict accordance with statutes, policies, and procedures of the agency. There are no tasks so important as to justify the reckless disregard for the safety of the public. Agency personnel will be held strictly accountable for the results of their actions. [41.2.2, e] [CFA 14.05, d].2 Deputies shall use both siren and emergency lights at all times when engaged in vehicle pursuits. Only sworn law enforcement will engage in pursuit in marked or unmarked vehicles. [41.2.2, e] [CFA 14.05, d].3 Cases where a deputy “follows” a suspect vehicle but does not or has not engaged in apprehension efforts do not constitute a “pursuit”. However, once a suspect vehicle speeds away or takes any evasive action in an effort to elude the deputy, regardless of whether emergency equipment has been activated, the deputy shall immediately discontinue following the vehicle unless it meets the criteria for a pursuit as described in this policy. Pursuit Criteria.4 Deputies may engage in a vehicle pursuit when the deputy has a reasonable suspicion to believe the fleeing suspect has committed, has attempted to commit, or has a warrant for one of the below listed violent forcible felonies: [41.2.2, a, b] [CFA 14.05, a]  Murder  Manslaughter  Sexual Battery  Carjacking  Home Invasion Robbery  Robbery  Kidnapping  Armed Burglary  Unlawful throwing, placing, or discharging of a destructive device or bomb  Aggravated Assault with a deadly weapon  Aggravated Assault on a Law Enforcement Officer*  Aggravated Battery Pursuits and Apprehension Techniques 41.6 Page 2 of 11.5 A pursuit may be justified when a suspect uses a vehicle to engage in conduct which poses an imminent danger of death or serious bodily harm to the deputy or others. However, the fact a deputy has to move from the path of a fleeing vehicle may or may not constitute an aggravated assault or attempted murder for the purpose of this policy. A deputy must be able to articulate an imminent danger exists and the suspects’ actions were believed to be intentional and not a result of incidental or accidental contact..6 A Lieutenant may authorize a pursuit for any felony not explicitly covered in this policy when they have information which would justify the need to apprehend a felony suspect and circumstances exist which mitigate the risks. This decision must be based on articulable facts provided by the pursuing deputy. Often, these situations will involve pre-planned or advanced notice prior to a pursuit commencing. Deputies shall only continue a pursuit outside of this policy with the expressed approval of the Lieutenant prior to continuing the pursuit. In absence of approval, pursuits shall not commence / continue. Exigent Circumstances.7 In exigent circumstances, if authorized by a Shift Leader, a deputy may pursue only if there is reasonable belief the continuing conduct of the driver / suspect presents an immediate and life threatening danger to the public or the deputies. Generally, exigent circumstances are based upon the driver’s / suspect’s actions prior to law enforcement’s involvement, not created after an attempt to stop a vehicle / suspect has been made..8 Exigent circumstances can also include suspected impaired drivers / suspects only if the violator:  Fails to stop but the driving pattern does not change in the presence of a deputy with lights and siren activated  Drives at or below forty-five (45) mph  Pursuit does not increase undue risk to the public and / or deputies.9 If at any time the suspected impaired driver’s / suspect’s actions rise to the level described in the definition of Vehicle Pursuit or the situation increases undue risk, the deputy must follow the provision of the policy regarding pursuit criteria. Decision to Pursue [41.2.2, a] [CFA 14.05, a].10 The decision to initiate any pursuit must be based on the deputy’s conclusion the immediate danger to the public created by the pursuit is less than the immediate or potential danger to the public if the suspect is not apprehended. Many factors have a bearing on this decision, including, but not limited to:  The originating offense meets the policy threshold for the pursuit  Alternative means of apprehension  The potential for endangerment of the public caused by the eluding acts of a fleeing violator  The amount of vehicle and / or pedestrian traffic  Possibility of identifying the operator and / or vehicle at a later date  Daylight or darkness  Weather conditions  Road conditions  Vehicle Speeds  Quality of radio communications between pursuing deputies, the dispatcher, and the Shift Leader  Actions of the person being pursued Pursuits and Apprehension Techniques 41.6 Page 3 of 11.11 Once the decision has been made to engage in a pursuit, the above listed factors will continue to be given careful consideration in determining whether to continue the pursuit..12 Deputies, Shift Leaders, and Watch Commanders have a responsibility to monitor the progress of each pursuit. Prohibited Actions of Deputies [41.2.2, e, g] [CFA 14.05, d, f].13 Shall not drive parallel to each other during the pursuit, except during an authorized pass..14 Shall not drive on the wrong side of any divided highway, interstate, or other controlled access highway, including on / off ramps, unless exigent circumstances exist and authorized by the Shift Leader..15 Caravanning is prohibited..16 Police Motorcycles and all-terrain vehicles shall not engage in pursuits. RESPONSIBILITIES Initiating / Primary Unit [41.2.2, c] [CFA 14.05, b].17 The decision to initiate and continue a pursuit rests with the individual deputy. The deputy initiating the pursuit shall, in all cases, notify Communications as soon as possible a pursuit is underway and provide the following information:  Radio Identification (ID) number and advise 10-31  Location, speed, direction of travel (with continual updates)  Vehicle description & tag number  The specific reason for the pursuit, including known law violations  Number of occupants  Traffic & weather conditions.18 Failure to provide the above information may be cause for the Shift Leader or above to order termination of the pursuit. Failure to announce the pursuit or choosing not to use the term “pursuit” will not alleviate deputies from the responsibility of complying with all of the provisions of this policy. [41.2.2, g, h, i] [CFA 14.05, f, h].19 The primary unit shall be in charge, and bears operational responsibility for the pursuit unless relieved by a Shift Leader. Pursuits and Apprehension Techniques 41.6 Page 4 of 11 Assisting Unit [41.2.2, d].20 The active pursuit will involve no more than four (4) units: the primary unit and three (3) assisting units. A Shift Leader can authorize more units if necessary, but will be required to articulate a justification for the additional units within the pursuit report. [41.2.2, g] [CFA 14.05, f].21 The first assisting pursuit unit, upon joining the pursuit, shall immediately notify Communications of its identity, and assume radio communications responsibility, allowing the primary unit to devote full attention to driving. [CFA 14.05, c].22 All assisting pursuit units will keep a safe distance behind the primary unit, but be close enough to render backup assistance..23 Additional units shall not respond or join the pursuit, but coordinate setting up roadblocks, stop sticks, and / or perimeters, etc. Shift Leader Responsibility [41.2.3, d].24 The Shift Leader shall immediately take command and coordination of the vehicle pursuit and have overall responsibility for the decisions concerning continuance or discontinuance of the vehicle pursuit. The Shift Leader will constantly evaluate all factors to continue or discontinue the pursuit. Other responsibilities include: [41.2.2, a, g] [CFA 14.05, a, f]  Ensuring no more than the required or necessary units are involved in the pursuit  Requesting any additional resources (i.e., K-9, Air Unit)..25 If the Shift Leader initiates a pursuit, they should only continue their position in the pursuit until other patrol units become available. At that time, the Shift Leader should drop back and allow the other patrol units to assume the primary and assisting unit roles, but shall attempt to maintain a visual of the pursuit to properly manage the incident. Watch Commander [41.2.2, a, g] [CFA 14.05, a, f-h].26 Shall monitor the vehicle pursuit and confirm compliance with this policy..27 Shall immediately take command and control of the vehicle pursuit in the event a Shift Leader fails to do so..28 Shall constantly evaluate all factors to continue or discontinue the pursuit. K-9.29 When possible, K-9 deputies shall be utilized as the first assisting vehicle, so the K-9 can be utilized in the apprehension or tracking of the suspect(s), if necessary..30 The utilization of the K-9 will be coordinated through the Shift Leader. Pursuits and Apprehension Techniques 41.6 Page 5 of 11 Public Safety Telecommunicators (PST) / Communications [41.2.2, f] [CFA 14.05, e].31 Communications has a vital role in the coordination, communication and recording of events as reported. Communications responsibilities include the duties listed below:  Receive and record all incoming pursuit information  Immediately notify the Shift Leader when a pursuit is initiated  Establish urgent traffic clearing a radio talk group of any needless traffic  Advise all other units a pursuit is in progress, giving all relevant information  Perform motor vehicle and record checks  Control all radio communications, to include patching talk groups, during the pursuit  Coordinate assistance under the direction of the Shift Leader  Notify affected agencies if pursuit is entering their jurisdiction TERMINATION OF PURSUIT.32 When a Shift Leader or the primary deputy directs a vehicle / suspect pursuit to be terminated, all deputy(ies) will do so immediately by ceasing to follow or attempting to apprehend the fleeing vehicle / suspect in any way. The deputies involved shall turn off all emergency equipment and shall pull over to the side of the road and stop, or turn in another direction away from the suspect. [41.2.2, h, i] [CFA 14.05, f, h]  If unsafe, the deputy shall continue at or below the posted speed until the above can be accomplished.33 Communications PSTs shall utilize the Alert Tone and broadcast over the appropriate radio talk groups the vehicle pursuit has been terminated. [41.2.2, f] [CFA 14.05, e].34 Each active participant in the pursuit shall acknowledge their termination via radio. Deputies shall conform to all traffic laws once no longer engaged in the pursuit. [41.2.2, c].35 Any attempt to reengage a suspect in a vehicle after the pursuit has been terminated must be authorized by the Watch Commander. [41.2.2, b, g] [CFA 14.05, f] VEHICLE PURSUIT COMMUNICATIONS [41.2.2, f, j] [CFA 14.05, i].36 If the vehicle pursuit goes into another sector from which it started, the radio traffic continues on the originating talk group. As the vehicle pursuit enters another sector, the dispatcher shall patch the talk groups rather than have the pursuing deputy switch channels..37 If the pursuit continues out of the county, Communications shall determine the appropriate talk group to utilize. Pursuits and Apprehension Techniques 41.6 Page 6 of 11 IMMEDIATE VEHICLE APPREHENSION TECHNIQUES Criteria.38 In an initial attempt to prevent a felony suspect from fleeing and, if it is safe to do so, an immediate vehicle apprehension technique can be utilized on a vehicle attempting to flee..39 The apprehension technique cannot create an undue risk to the deputies and / or the public..40 If an apprehension technique is utilized in an attempt to apprehend a vehicle for anything other than an approved vehicle pursuit and the effort fails, no further attempts to apprehend the vehicle will be authorized..41 For justified pursuits under this policy, if an initial and immediate apprehension technique is unsuccessful, the Shift Leader must approve the use of any additional apprehension techniques. [41.2.2, g] [41.2.3, d] [CFA 14.05, f].42 The mere utilization or attempt of a vehicle apprehension technique does not justify the continuance of a pursuit. The only justifications of a pursuit are listed above in this policy..43 The tactics should be coordinated through the Shift Leader when feasible, but the decision to utilize these apprehension techniques rest with the deputy. Authorized Vehicle Apprehension Techniques.44 All apprehension techniques will only be used by personnel who have received training provided by the agency’s Training Unit. This includes:  Stop sticks  Roadblocks / channelization  Precision Immobilization Technique (PIT)  Forcible Stopping Techniques Stop Sticks [41.2.3, a, b] [CFA 14.05, g].45 Stop sticks do not immediately stop a fleeing vehicle, but is effective in preventing the vehicle from continuing at high and dangerous speeds..46 Deployment of Stop Sticks:  The device should be set up along the roadside out of the view of the fleeing vehicle and / or other vehicular traffic  When deploying stop sticks the deputy should attempt to have some type of protective barrier between themselves and any fleeing suspect. The deploying deputy should place themselves on the opposite side of the roadway, stretching the nylon cord across. This will allow other vehicular traffic to safely pass through without interference  As the fleeing vehicle approaches, the deploying deputy should begin pulling the nylon cord until such time the device crosses the path of the fleeing vehicle  In all situations where the stop stick devices are utilized, the deploying deputy(s) is / are responsible for advising the pursuing deputy, in advance, the devices are being deployed and the location of deployment Pursuits and Apprehension Techniques 41.6 Page 7 of 11 Precision Immobilization Technique (PIT) Maneuver [CFA 14.05, g].47 The use of the Precision Immobilization Technique (PIT) shall be governed by procedures outlined in this policy, and in accordance with procedures established during agency training for this technique. It is utilized when it is obvious to the deputy the driver of a fleeing vehicle is refusing to stop after normal attempts to signal the driver to stop have been used. [41.2.3, a].48 A PIT is not likely to cause serious bodily injury or death and shall be considered less lethal use of force..49 In selecting a location to execute the PIT, deputies should consider its proximity to: [41.2.3, b]  Blind curve  Highway grades and super elevations  Abutments – bridges, guardrails, barriers  Other traffic  Roadside obstacles – rocks, trees, deep ditches, sign or utility posts, traffic islands or curbs.50 Unless the use of lethal force is justified, deputies should avoid attempting PIT on: [41.2.3, a, b]  Vehicles where “contact points” cannot be matched, such as, large, heavy vehicles  Vehicles with a high center of gravity, including pickups and campers  Vehicles known to be transporting hazardous materials.51 PIT will be performed at speeds consistent with training not to exceed forty-five (45) mph unless the use of lethal force can be justified. [41.2.3, a, b].52 Ideally, there should be a minimum of three (3) marked units to deploy this maneuver. Forcible Stopping Technique.53 A deliberate and coordinated offensive tactic by two (2) or more marked or unmarked vehicles to force a vehicle in a specific direction or force the vehicle to stop or reduce speed..54 Accomplished by maneuvering agency vehicles in front of, behind, or beside the vehicle to eliminate the fleeing of a suspect vehicle from a parked position or traveling less than ten (10) miles per hour. Stationary Roadblocks (Channelization).55 A tactic designed to offer a narrow path of travel to a moving violator vehicle. The channelization is designed to offer an obstacle to the violator and makes use of a display of force. Stop sticks should be used within the channel. Pursuits and Apprehension Techniques 41.6 Page 8 of 11 INTER-JURISDICTIONAL PURSUITS [41.2.2, j] [CFA 14.05, i].56 Any agency pursuit involvement will end at the county line unless the Shift Leader authorizes the pursuit beyond the county line..57 When entering another county, pursuits involving the agency should be turned over to the other jurisdiction..58 Deputies shall not become involved in another agency’s pursuit into St. Johns County unless authorized by the Shift Leader, or unless it is clearly shown a unit from an outside agency is unable to request help, and does not have a backup, or the emergency nature of the situation dictates the need for assistance. In these instances, all appropriate agency pursuit policies are in effect..59 The agency will not join in mixed outside agency pursuits, except the amount of time to coordinate transfer from one jurisdiction to the other. The ideal situation is all vehicles involved in the pursuit are of the same agency at any given time..60 As soon as possible and upon notification an outside agency is about to pursue into St. Johns County, Communications shall try to ascertain the reason for the pursuit (charges), how many units are in pursuit, weapons the suspect(s) may have, a complete description of the vehicle, suspect(s) and / or occupants as well roads and speeds being traveled..61 Based on the information provided, the Shift Leader will determine whether or not to take over the pursuit and, if so, coordinate the transfer of the pursuit to the agency based on the agency’s pursuit criteria. [41.2.2, g] [CFA 14.05, f] ARRESTS IN OTHER JURISDICTIONS.62 If the pursuit ends in a jurisdiction not within the county and the deputy makes an arrest, they shall immediately notify the agency having jurisdiction. The Watch Commander will coordinate with a Supervisor of the affected jurisdiction to decide where the suspect will be booked. The deputy may have to complete any paperwork required by the other jurisdiction. The deputy will complete all agency reports and forward them to their Shift Leader and will facilitate the issuance of a warrant. [41.2.2, j] [CFA 14.05, j].63 Communications will send a teletype to the agency, in which the suspect is detained confirming / requesting a hold be placed on the suspect under the Shift Leader’s authority. [41.2.2, f] [CFA 14.05, e].64 If there are no outstanding charges from the other jurisdiction, the suspect will be ordered returned to the St Johns County Sheriff’s Office..65 If the suspect has committed another offense in the detaining agency’s jurisdiction, the agency, in coordination with the Assistant State Attorney, shall obtain a warrant on the suspect..66 Once the suspect has been released from the other jurisdiction’s charges, they will be served the open warrant and extradited to St. Johns County, Florida. Pursuits and Apprehension Techniques 41.6 Page 9 of 11 REPORTING REQUIREMENTS [41.2.2, k] [41.2.3, e] [CFA 14.05, j].67 It is the responsibility of the Shift Leader to ensure a General Offense report is completed on all incidents involving a pursuit alone or in conjunction with any of the vehicle apprehension techniques..68 A Vehicle Pursuit Review will be completed by the Shift Leader using the BlueTeam data entry program anytime there is a pursuit alone or in conjunction with any of the vehicle apprehension techniques..69 The Shift Leader will accomplish the following via BlueTeam within ten (10) days of pursuit: [41.2.2, g, k] [CFA 14.05, f]  Forward the BlueTeam Vehicle Pursuit Review via chain of command for review. Once the review is complete, the final approving authority will forward the BlueTeam entry to Internal Affairs within ten (10) days.  Attach the completed and approved incident report to the BlueTeam entry  Review and attach all computer-aided dispatch (CAD) paperwork / notes  Attach a copy of the radio transmission(s)  Attach the link to body worn camera (BWC) videos, if available / applicable  Complete a Response to Resistance BlueTeam entry when a PIT Maneuver or Forcible Stopping Technique is utilized  Completed incident report is approved and attached  Computer Aided Dispatch paperwork is reviewed and attached  A copy of the radio transmissions is attached  The Response to Resistance BlueTeam entry is completed, when the PIT Maneuver or Forcible Stopping Technique is used Captain Administrative Review [41.2.2, k] [CFA 14.05, j].70 The affected Captain reviews each pursuit and all apprehension or attempted apprehension techniques associated with the event..71 After the review, all Captains meet and review the report..72 The purpose of the review is to assess the deputy’s performance with this policy. A review of incidents involving vehicle pursuits may reveal patterns or trends, which indicate training needs and / or policy modifications..73 The Patrol Division Director will ensure a documented annual analysis of all pursuit reports is completed, which shall include a review of pursuit policy and reporting procedures. [41.2.2, l] [41.2.3, e] Pursuits and Apprehension Techniques 41.6 Page 10 of 11 FOOT / BICYCLE PURSUITS.74 A deputy may engage in a foot / bicycle pursuit if they reasonably believe the suspect poses an imminent threat to the public, themselves, or others..75 Deputies shall not pursue suspects into a building / structure or wooded / isolated area, whether occupied or vacant, without a backup unit to accompany them unless exigent circumstances exist. Responsibility.76 The initiating deputy may request, via the Shift Leader, the assistance of SWAT, K9, or Air Units if they are available and necessary to the foot / bicycle pursuit. TRAINING.77 All sworn Law Enforcement personnel are required to:  Receive initial training on the pursuit policy during FTEP [41.2.2, m] [CFA 14.05, k]  Receive documented annual review of the pursuit policy [41.2.2, n]  Attend a training session on pursuit driving practices, PIT, forcible stopping techniques, roadblocks, and stop stick usage [41.2.3, c].78 For bicycle training and restrictions, see policy 46.3 Specialized Teams and Vehicles. ____________________ Robert A. Hardwick Sheriff Pursuits and Apprehension Techniques 41.6 Page 11 of 11