Broward County Sheriff's Policy Manual 7.8 PDF

SHERIFF’S POLICY MANUAL 7.8 PURSUITS: A. General: Vehicle pursuits require greater degrees of caution, skill, common sense, and sound judgment for emergency operations. Hazards to the public, pursuing deputy, and the suspec...

SHERIFF’S POLICY MANUAL 7.8 PURSUITS: A. General: Vehicle pursuits require greater degrees of caution, skill, common sense, and sound judgment for emergency operations. Hazards to the public, pursuing deputy, and the suspect must be considered if initiating or continuing a pursuit. Deputies and supervisors will terminate their pursuit if the risk to their safety and the safety of others outweighs the seriousness of the violation. These procedures will not relieve deputies from their duty to drive with due care and will not protect them from the consequences of careless disregard for the safety of others. B. Definitions: 1. Evasive Movement: This generally includes, but is not limited to, varying speed, changes in direction, or any other movement, which may suggest the driver is attempting to avoid contact with a deputy. This does not include the “final bailout” when the vehicle stops; however, a vehicle continuing to avoid contact with a deputy after an occupant bails out is included. 2. Failure to Yield/Stop: When a vehicle has refused to stop for a deputy or makes any evasive movements to avoid contact with a deputy and no further attempt to follow or signal the vehicle to stop is made. 3. Forcible Felony: For the purposes of this policy, forcible felony is defined as: Treason; murder; manslaughter; sexual battery; carjacking; home- invasion robbery; robbery; burglary of an occupied dwelling; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. 4. Other Type: When a vehicle is involved in a traffic event but is used in a manner not inclusive of either a Pursuit or Failure to Yield. 5. Pursuit Intervention Technique (PIT Maneuver) - A method used to stop a fleeing vehicle by using a law enforcement vehicle to force a pursued vehicle to abruptly turn sideways (spin out) causing the Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 1 of 16  SHERIFF’S POLICY MANUAL driver to lose control of the vehicle and stop. When used properly, the PIT Maneuver is a safe and effective way to end pursuits. 6. Pursuit Supervisor: Shift supervisors, or in their absence district shift lieutenants where the pursuit occurs, will be designated as pursuit supervisors and solely responsible for authorizing the continuation of the pursuit while monitoring and managing its progress. 7. Traffic Event: A non-standard traffic stop where a vehicle refuses to immediately stop or makes evasive movements to avoid contact with a deputy; this includes deputies on foot and in a vehicle. 8. Vehicle Immobilization Tactic: A tactic that is employed to block in and immobilize a vehicle that is stopped, moving slowly, or beginning to move. This tactic is dynamic and dependent upon the actions of the suspect vehicle/driver. 9. Vehicle Pursuit: An active and continuing effort by a Deputy Sheriff to apprehend or follow a moving vehicle, provided the driver of such vehicle is aware or should be aware of the attempt being made to stop the driver; and said driver fails to stop after a reasonable time or reasonable distance or increases speed or takes other evasive action. 10. Vehicle Stop: The detention and/or apprehension by deputies in BSO vehicles of the occupants of a vehicle, whereby the driver indicates his/her intention to stop upon a deputy's initial use of emergency lights and siren. C. Pursuit Procedure: 1. It is the policy of the Broward Sheriff’s Office that the pursuit of fleeing vehicles to apprehend law violators be performed with due regard for the safety of all persons while making maximum use of other methods of apprehension. The following factors must be considered before initiating a pursuit: a. Condition and performance capabilities of the pursuit vehicle and the apparent performance capabilities of the fleeing vehicle. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 2 of 16  SHERIFF’S POLICY MANUAL b. Environmental conditions, weather conditions, type of road surface, location of pursuit (residential, business, school zones), vehicle traffic, pedestrian traffic, visibility, and lighting. c. If there are any alternative means for arresting the suspect at a later date if the pursuit is canceled (e.g., FCIC/NCIC tag number check, suspect identified, Aviation advises take over, etc.) [CFA 14.05 a] 2. Initiation of Pursuit: a. Deputies may engage in the pursuit of fleeing vehicles when the deputy has reasonable belief that an occupant of the vehicle has committed or is in the process of committing: i. a forcible felony as described in this policy, ii. a physical breach to a security checkpoint, fence, or barrier within Port Everglades or Fort Lauderdale/Hollywood International Airport, or iii. The deputy has a reasonable belief that pursuing the fleeing vehicle is necessary to prevent the death or serious bodily injury to any person. [CFA 14.05 b] b. No pursuits of fleeing vehicles will be initiated for: i. Burglary of an occupied/unoccupied conveyance. ii. Burglary of an unoccupied residence/structure. iii. Auto theft. iv. Suspicious vehicles. v. Traffic-related offenses. vi. Narcotics-related offenses. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 3 of 16  SHERIFF’S POLICY MANUAL c. The decision to initiate a vehicle pursuit shall rest with the individual deputy and shall be consistent with this policy. This decision will consider the nature and scope of the crime and all aspects of this policy. [CFA 14.05 b] i. Any deputy engaged in a vehicle pursuit shall operate their vehicle with all emergency lights and sirens activated continuously while pursuing the fleeing vehicle. ii. A motorcycle deputy involved in a vehicle pursuit shall terminate his or her involvement and relinquish control of the pursuit to a four-wheeled police vehicle as soon as a unit becomes available. While in pursuit, all emergency lights and sirens must be activated. iii. Deputies operating an unmarked police vehicle equipped with lights and sirens may engage in a vehicle pursuit. While in pursuit, all available emergency lights and sirens must be activated. As soon as a marked unit becomes available, the deputy operating the unmarked vehicle will relinquish control of the pursuit, unless the unmarked is a pursuit-rated vehicle and operated by a deputy certified in the PIT Maneuver. [CFA 14.05 d] d. Supervisors and deputies have a continuing obligation to evaluate and assess whether the need to pursue a fleeing vehicle outweighs the potential risk of harm caused by the pursuit. Additionally, it must be recognized that accountability cannot be circumvented by verbally disguising what is actually the pursuit of a fleeing vehicle by using terms including but not limited to "monitoring,” "tracking,” "shadowing,” or "following.” e. Only sworn personnel may engage in the pursuit of a fleeing vehicle. Police vehicles transporting prisoners, witnesses, or other non-sworn individuals WILL NOT engage in pursuits. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 4 of 16  SHERIFF’S POLICY MANUAL f. Detention deputies will not become involved in vehicle pursuits with the exception of cross-certified, acting within the scope of their assigned duties. g. Fire Rescue employees will not become involved in pursuits. 3. Pursuit Deputy Responsibilities: a. Initial pursuit deputies will notify Communications as soon as practical of: i. The initiation of a pursuit. ii. Reasons for the pursuit. iii. The exact location and direction of travel. iv. The approximate speed of the vehicle and traffic conditions. v. The description of the fleeing vehicle to include tag number, color, make, and number and description of occupants. vi. Deputies pursuing in an unmarked police vehicle will indicate that they are in an unmarked vehicle and provide their vehicle description. b. When the pursuing deputy notifies Communications of the pursuit, Communications will notify the appropriate shift sergeant or lieutenant, or designated pursuit supervisor. c. Secondary/additional pursuit deputies will use their vehicle's emergency lights and siren and may assume radio transmission responsibility during the pursuit. d. The primary/secondary pursuit deputies will keep Communications informed of the pursuit's progress, pursuit speeds, and changes in direction, location, and conditions. [CFA 14.05 c] Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 5 of 16  SHERIFF’S POLICY MANUAL 4. Pursuit Supervisor Responsibilities: a. The pursuit supervisor's responsibilities will be to: i. Authorize the continuation of the pursuit while monitoring and managing its progress. ii. Cancel the pursuit if circumstances warrant. iv. Identify primary and secondary pursuit vehicles. v. If the pursuit will enter another agency's jurisdiction, supervisors will contact Communications who will contact the affected agency. vi. Respond to the location of the pursuit termination to evaluate needed resources and to conduct an assessment of the incident for BlueTeam entries. [CFA 14.05 f] b. The pursuit supervisor's responsibilities, if assistance is requested from another agency, will be as follows: i. Determine if assistance is needed by the pursuing agency. When a determination is made, the supervisor may assign added vehicles as specified in this policy. ii. Determine if the pursuit meets BSO pursuit requirements. iii. Supervisors will not authorize a new pursuit if the pursuing agency terminated their pursuit unless renewing the pursuit is justified per BSO policy. [CFA 14.05 h] 5. Requests for Aviation Assistance: a. Pursuit supervisors will request Aviation assistance via Communications. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 6 of 16  SHERIFF’S POLICY MANUAL b. At the time of initial visual contact, the Aviation unit, when practical, shall broadcast: i. The total number of pursuing units observed. ii. Traffic conditions. c. When Aviation assumes pursuit responsibility, all pursuit vehicles will discontinue the pursuit immediately unless otherwise directed by the pursuit supervisor, the deputy is preparing to execute the PIT Maneuver, or exigent circumstances are present (e.g., armed suspect, murder suspect, hostage situation, etc.), which may require pursuing units to remain in pursuit of the suspect’s vehicle. i. A deputy that is preparing to execute the PIT Maneuver and continues to pursue after Aviation has assumed responsibility will broadcast his/her intentions via Communications. ii. If exigent circumstances are present, authorized ground units shall continue the pursuit. Authorized ground units shall broadcast whatever information is necessary to assist Aviation. iii. In the absence of exigent circumstances, or if the PIT Maneuver is not an option, Aviation will continue to broadcast the direction of travel and other pertinent information. Ground units will position themselves for apprehension once the vehicle has stopped. d. The Aviation unit will notify the pursuit supervisor, when practical, of any unit that does not reduce its speed and disengage from the pursuit when the pursuit is terminated. 6. Communications Responsibilities: a. Communications will advise the affected component and other applicable agencies on the pursuit's progress. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 7 of 16  SHERIFF’S POLICY MANUAL b. Communications will advise pursuing vehicles of any known hazardous conditions. c. The Communications dispatcher will monitor all pursuit activities and keep pursuit supervisors advised of any emergency situation that may develop during the pursuit. [CFA 14.05 e] 7. Pursuit Tactics: a. General Guidelines: i. Pursuits will consist of primary and two secondary vehicles. A supervisor has the discretion to authorize more than two secondary vehicles if conditions dictate it is reasonable and necessary. ii. Deputies will not attempt to pass vehicles involved in pursuits unless conditions dictate as reasonable and necessary. iii. Deputies will not pursue on parallel streets unless directed by the pursuit supervisor. iv. Deputies are prohibited from conducting pursuits off- the-air, or on point-to-point talk-groups. All pursuit broadcasts must be on a dispatch-monitored main talkgroup. For the duration of the pursuit incident, the deputies involved will remain on the main talk-group channel. v. While engaged in fleeing vehicle incidents, deputies will at all times adhere to Florida law and BSO policy regarding emergency vehicle operation. vi. Deputies will not enter an intersection against a red or stop signal, without ensuring a safe passage through the intersection. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 8 of 16  SHERIFF’S POLICY MANUAL vii. Deputies shall not pursue a vehicle against the flow of traffic on an interstate highway, divided highway, or divided roadway. In the event that a deputy is engaged in a fleeing vehicle incident and the fleeing vehicle enters an interstate highway, divided highway, or divided roadway traveling in the wrong direction, the following options shall be considered for use by the pursuing deputy: (1) Terminate the pursuit (2) Maintain visual contact with the vehicle by paralleling the violator on the lawful side of the roadway (3) Request that other deputies be assigned to observe exits available to the fleeing vehicle; or (4) Request that the appropriate outside agency(ies) be notified if it appears that the vehicle is headed out of the BSO jurisdiction. b. Use of roadblocks and tire deflation devices is prohibited. c. Pursuit Intervention Technique (PIT Maneuver) i. A PIT Maneuver is a method used to stop a fleeing vehicle by using a law enforcement vehicle to force a pursued vehicle to abruptly turn sideways (spin out) causing the driver to lose control of the vehicle and stop. When used properly, the PIT Maneuver is a safe and effective way to end pursuits. ii. PIT Maneuvers may only be used by deputies trained in the use of the maneuver. iii. The decision to employ the PIT Maneuver rests solely with the deputy performing the PIT Maneuver and will be performed in accordance with training guidelines. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 9 of 16  SHERIFF’S POLICY MANUAL iv. PIT Maneuvers may be used in any authorized pursuit. v. Deputies intending to employ the PIT Maneuver will announce the same over the radio prior to use. vi. Three vehicles to perform a PIT maneuver are preferred, however a minimum of two police vehicles must be available to initiate a PIT Maneuver. vii. PIT Maneuvers can never be employed on motorcycles. viii. To use the PIT Maneuver, deputies must be able to provide the following information: (1) Location where the PIT Maneuver is to be employed. In selecting a location to execute the PIT, deputies should consider its proximity to: (a) Blind Curves. (b) Highway grades and super elevations. (c) Abutments-bridges, guardrails, barriers. (d) Roadside obstacles, e.g., rocks, trees, deep ditches, sign or utility posts, traffic islands, or curbs. (2) Environmental Conditions, e.g., time of day weather conditions, visibility, and illumination available to the deputy, road conditions. (3) Speed of the fleeing vehicle. (4) Vehicle and pedestrian traffic. ix. Once the PIT Maneuver is applied and the suspect vehicle comes to a stop, deputies shall take the following tactical steps to apprehend the suspect: Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 10 of 16  SHERIFF’S POLICY MANUAL (1) Deputies will position vehicles to block the suspect’s vehicle from further movement and to block approaching traffic. (2) Deputies will utilize their vehicles to take appropriate cover while planning the apprehension of the suspect. (3) Deputies will take care not to position themselves where there is a possibility of a crossfire situation. (4) Deputies will utilize overhead lights, takedown lights, high beams, and spotlights as needed. See high-risk vehicle stops in the DLE SOP for additional guidelines. (5) Once the suspect(s) have exited the vehicle, standard arrest, and vehicle search procedures will be followed pursuant to the Sheriff’s Policy Manual. (6) If a suspect(s) refuse to exit the vehicle, the situation will be treated as a barricaded suspect situation. See DLE SOP CH 4.5 for BSO policy on barricaded suspect/hostage situations. x. The use of the PIT Maneuver must be reported via the Use of Force – PIT entry in BlueTeam. Supervisors will detail all of the facts and circumstances surrounding the utilization of the PIT Maneuver and forward via chain of command for administrative review. 7. After the pursued vehicle is stopped, the primary pursuit vehicle will advise Communications of: a. Exact stop location, vehicle's tag number, and number of occupants. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 11 of 16  SHERIFF’S POLICY MANUAL b. Other assistance needed at the termination point such as rescue units or other vehicles. D. Termination of Pursuits: 1. Pursuits shall be terminated whenever the totality of objective circumstances known, or which reasonably should be known to the pursuing deputy or supervisor during the pursuit indicate the risks of continuing the pursuit appear to outweigh the risks of the suspect’s escape. 2. Pursuits may be canceled for the following reasons: a. There is a change in weather or traffic conditions that increases the likelihood of danger as a result of the pursuit. b. It becomes evident the suspect cannot be apprehended when: i. The distance between the pursuit vehicle and the fleeing vehicle increases to the point where it becomes unreasonable to expect apprehension. ii. The pursuit vehicle loses visual contact with the fleeing vehicle to the extent that identification of the fleeing vehicle becomes uncertain. c. The suspect’s identity has been determined, immediate apprehension is not necessary to protect the public or involved deputies, and apprehension at a later date is feasible. d. The fleeing vehicle goes the wrong way on any limited access or interstate highway. Pursuit vehicles will only proceed with normal traffic flow. e. Other reasons as determined by the pursuit supervisor. 3. A vehicle pursuit is considered to be terminated when the deputy completes the following: Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 12 of 16  SHERIFF’S POLICY MANUAL a. Turns off lights and siren. b. Notifies Communications of the termination, changes direction, and provides a final BOLO and direction. 4. Deputies will not continue to follow, parallel, or monitor the vehicle once the pursuit has been terminated. 5. Reinstatement of any previously terminated pursuit shall be consistent with the authorization criteria for originally initiating the pursuit. [CFA 14.05 g] E. Failure to Yield/Stop Procedures: 1. For all “Failure to Yield/Stop” incidents that are adequately captured on Body Worn Cameras (BWC), patrol supervisors will select “FTY” in BlueTeam drop-down menu and complete only the Incident Details and Involved People pages and will also request a copy of the radio transmission audio. 2. For all “Failure to Yield/Stop” incidents that are not adequately captured on Body Worn Cameras, pursuit supervisors will select “Pursuit/FTY” in BlueTeam and complete all required fields and pages. F. Pursuit Review Procedures: 1. Pursuit supervisors will prepare an After-Action Report using the Pursuit/FTY in BlueTeam for ALL pursuits regardless of apprehension or cancellation. a. Supervisors who were engaged in the pursuit or FTY cannot generate the After-Action Report. 2. By the completion of the shift on which the vehicle pursuit incident occurred, the pursuit supervisor will request the dispatch tape and submit a copy of the Incident Report, supplements, and photos to the district/division/unit commander. 3. Within ten days of the incident date, the pursuit supervisor will submit Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 13 of 16  SHERIFF’S POLICY MANUAL a BlueTeam report and the dispatch tape to the district/division/unit Captain, via chain of command. Detailed in the report will be the circumstances of the incident, and details regarding the cancellation of the pursuit, if applicable. 4. In cases where pursuits result in serious injury/property damage or death to a person, pursuit supervisors will be responsible for ensuring Office of the General Counsel, Risk Management, and Traffic Homicide are notified. The chain of command will be notified at the completion of the pursuit. 5. The captain of the district/division/unit, or in their absence due to approved leave or extended training of more than five days, the executive officer, will conduct a review of the BlueTeam report within 21 days of the incident and subsequently transmit it to the appropriate "Command Completed" group. [CFA 14.05 i] G. Pursuit Review Board: 1. General: a. The Pursuit Review Board will review all vehicle pursuits, failure to yield (FTY) incidents, to determine whether each was conducted in accordance with established policy. The Pursuit Review Board will also examine select Vehicle Immobilization Tactic (VIT) incidents, at the request of the reviewing command. This review will also include any recommendations for new or remedial training. [CFA 14.05 k] b. The Pursuit Review Board will submit a written memorandum delineating the board’s finding(s) and recommendation(s) to the Executive Director, Department of Law Enforcement, along with a copy of all written documentation, Communications audio, BWC video, and photos, if applicable, no later than five working days after the review is completed. c. The Executive Director of the Department of Law Enforcement will review the board’s findings and recommendations, retain a copy of the board’s report, and Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 14 of 16  SHERIFF’S POLICY MANUAL forward the original to the Division of Policy and Accountability for filing. If the board finds that a policy violation occurred, a copy will be sent to Internal Affairs for appropriate action. d. The Division of Policy and Accountability will analyze relevant information from each pursuit, and FTY incident and provide a written annual report by March 31st of each year. This report will be submitted to the Executive Director of Professional Standards for review and appropriate action, i.e., modification of policy and/or training objectives. [CFA 14.05 j] 2. The Pursuit Review Board is comprised of the following members approved by the Sheriff or the Executive Director, Department of Law Enforcement: a. The Director of the Professional Standards Committee shall serve as the Chairman (nonvoting member). b. Two command-level personnel appointed by the Executive Director of the Department of Law Enforcement. c. One command-level designee from the Department of Detention. d. One command-level designee from the Division of Internal Affairs. e. Training Division Director or designee. 3. Chair Responsibilities: a. Set a date, time, and place for Pursuit Review Board meetings. b. Notify all board members of meeting schedules. c. Facilitate/preside over each board meeting. d. Collect all records to be presented at the board meeting and distribute to board members. e. Present the board’s recommendation(s) to the Executive Director of the Department of Law Enforcement or designee. Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 15 of 16  SHERIFF’S POLICY MANUAL H. Training 1. All newly hired sworn personnel will attend the Field Training Program upon completion of the academy. Trainees will receive initial training on the agency’s policy regarding vehicle stops and pursuits during the orientation phase. [CFA 14.05 k] Reviewed: 12/14/2023 Revised: 01/19/2024 Rescinds: 06/22/2023 Effective: 02/08/2024 7.8 Page 16 of 16