DM 04.02 - Emergency Response and Police Vehicle Pursuits.pdf

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 04.02 Title: EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Approved By: Daniel J. Oates, Interim Chief of Police Effective: 09/01/1998 Revised: 11/09/2022 Associated Policy: DM 05.04, 08.04, 16.04 References: C.R.S. § 42-4-108, 42-4-1413 Review: Patrol Div...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 04.02 Title: EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Approved By: Daniel J. Oates, Interim Chief of Police Effective: 09/01/1998 Revised: 11/09/2022 Associated Policy: DM 05.04, 08.04, 16.04 References: C.R.S. § 42-4-108, 42-4-1413 Review: Patrol Division Chief and Professional Standards and Training Division Chief 4.2 Page 1 of 17 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS This directive will guide sworn members in using department vehicles in emergency responses and the pursuit of motor vehicles. A sworn member's primary responsibility during an emergency response or a vehicle pursuit is the public’s safety and welfare; the emergency response or pursuit is secondary. 4.2.01 Definitions: Blocking Vehicle: A motor vehicle positioned to create a roadblock. Boxing In: The surrounding of a violator's moving vehicle with moving pursuit vehicles, which are then slowed to a stop along with the violator's vehicle. Deliberate Vehicle Contact: Any action by the member intended to result in contact between a police vehicle and the subject’s vehicle, such as pinning, precision immobilization technique (PIT), ramming, or other intentional contacts. Divided Roadway: A road that includes a painted median or physical barrier between traffic traveling in opposite directions. Eluding: Occurs when an operator of a motor vehicle has received a visual and/or audible signal(s) such as lights or a siren from a police officer driving a marked police vehicle, directing the operator to bring their vehicle to a stop, willfully increasing their speed or extinguishes their lights in an attempt to elude the police officer. Emergency Response/Operation: The emergency operation will mean the act of driving a marked or unmarked police vehicle with the emergency lights and/or siren in operation according to the Colorado Revised Statutes and/or applicable municipal ordinances. Exigent circumstances: Circumstances that would cause a reasonable officer to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 2 of 17 suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. Forcible Termination: Any force used against a subject and/or vehicle. Heading Off: An attempt to terminate a pursuit by pulling ahead of, alongside, and toward a violator's moving vehicle to force it to the side of the road or otherwise come to a stop. Originating Jurisdiction: Originating jurisdiction will mean the jurisdiction in which a pursuit begins in. Paralleling: a. Street Paralleling: Driving a police vehicle on a nearby street in the area of a pursuit to participate in the pursuit. b. Vehicle Paralleling: A deliberate offensive tactic by one or more patrol vehicles to drive alongside the pursued vehicle while in motion. Pinning: A calculated maneuver or tactic, utilizing vehicle contact to immobilize a subject’s vehicle before the subject driver has the opportunity to escape or elude police. Potentially Deadly Force: In terms of police vehicle pursuits, potentially deadly force means force that the natural and probable consequence of which is death or serious bodily injury. Primary Jurisdiction: Primary jurisdiction will mean the jurisdiction of the sworn member driving the primary vehicle. Primary Vehicle: Primary vehicle will mean the patrol vehicle driven by the sworn member initiating a pursuit or another patrol vehicle taking the lead vehicle position. Pursuit: Pursuit means a sworn member actively attempting to apprehend an operator of a motor vehicle, who, after having been given a visual and/or audible signal (emergency lights and/or siren) by the sworn member directing such operator to bring the vehicle to a stop, the operator knowingly and willfully attempts to elude the sworn member. The mere act of extinguishing emergency equipment does not infer the discontinuance of a pursuit. Continuing to "follow" at a rate of speed exceeding the posted speed limit and/or in violation of other traffic laws may be considered a pursuit. Receiving Jurisdiction: Receiving jurisdiction will mean a jurisdiction entered into during a pursuit when the pursuit began in another jurisdiction. Roadblock: A restriction or obstruction used or intended to prevent the free passage of motor vehicles to affect the apprehension of a violator. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 3 of 17 Secondary Vehicle: Secondary vehicle will mean a patrol vehicle that becomes involved in a pursuit immediately following the primary vehicle and acts as the primary vehicle's backup. Stop Sticks: Devices designed to penetrate and deflate the tire(s) of a moving (dynamic) target vehicle in a manner that will avoid catastrophic failure of the penetrated tire(s), thus ensuring the safest possible means of reducing the mobility of the target vehicle. Special Purpose Vehicle: Any police department-owned or operated vehicle other than a fully marked patrol car operated by a sworn member. Special purpose vehicles include but are not limited to canine vehicles, motorcycles, and unmarked vehicles (such as those assigned to Police Area Representatives, Investigations personnel, etc.). Sworn Member: Any commissioned peace officer, recruit, or sworn employee in the State of Colorado, regardless of a specific title, e.g., Sheriff, Deputy, etc., as defined in C.R.S. § 18-1-901(3). 4.2.02 Authorized Emergency Response A sworn member may operate a police vehicle under emergency response conditions when engaged in the following: a. When responding to a priority zero, one, or two calls as defined in "DM 08.04 Call Priority Designations." b. When attempting to apprehend a traffic violator. c. When involved in a police vehicle pursuit. 4.2.03 Adherence to Law During Emergency Response A sworn member operating a police vehicle under emergency response conditions will use audible and/or visual signals. A sworn member operating a police vehicle under emergency response conditions will do so according to the provisions of Colorado Revised Statutes, specifically C.R.S. § 42-4-108, in its entirety. The State law suspends compliance with some traffic laws. Still, it does not relieve the sworn member of the responsibility of safe vehicle operation or justify actions that imperil the lives of others. Members, when responding to an emergency call, may: a. Park or stand b. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. c. Exceed the lawful speed limits so long as the member does not endanger life or property. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 4 of 17 d. Disregard regulations governing directions of movement or turning in specified directions. Sworn members operating a police vehicle under emergency response conditions will use emergency equipment (audible and/or visual signals) to give adequate warning to motorists and pedestrians of its approach. 4.2.04 Requirements and Restrictions of Emergency Responses No sworn member may operate a police vehicle at a rate of speed that may cause loss of control or endanger life or property. During an emergency response, any make/model of a vehicle equipped with an Electronic Stability Control System (ESC) will be operated in the manufacturer’s default setting. Police vehicles being operated in an emergency response manner should pass to the left of vehicles traveling in the same direction if possible. When operating police vehicles with emergency equipment activated, sworn members will slow to allow safe passage through intersections. Police vehicles operating under emergency response conditions should not make sudden turns across moving traffic, U-turns, or other direction changes without ensuring that such movement can be made safely. Sworn members will notify the Aurora911 when they are responding to a call with emergency equipment activated. 4.2.05 Routine Calls for Service When sworn members are responding to routine calls for service, they will obey all traffic laws. 4.2.06 Authority of Members Sworn members will respond to calls for service according to this directive and "DM 08.04 - Call Priority Designations" unless the sworn member has reasonable, articulable justification for choosing a more appropriate level of response. Members will have the authority to alter their response accordingly and will advise the Aurora911 immediately. Supervisors will maintain the authority to cancel altered response modes. 4.2.07 Police Vehicle Pursuits Members will engage in the pursuit of motor vehicles only as stated in this directive. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS 4.2.08 Page 5 of 17 Authorized Use of Police Pursuits Members will engage in such pursuits only when there are strong and compelling reasons and only after all reasonable alternatives have been considered. Justification for engaging in a police vehicle pursuit must be limited to what reasonably appears to be the facts known by the sworn member(s) at the time a decision is made to engage in such pursuit. Facts unknown to the sworn member(s) at the time the pursuit is initiated, no matter how compelling, cannot be considered in later determining whether engaging in the police vehicle pursuit was justified. Sworn members will continuously balance the need for immediate apprehension of the suspect(s) with the need to protect the public from increased danger caused by the pursuit. This evaluation includes not only the decision to pursue but also continues during the pursuit; public safety is paramount. Whenever the risk to the public outweighs the benefit of immediate apprehension, all members involved in the pursuit have the responsibility to discontinue the pursuit. Sworn members are instructed to be especially cautious when engaging in police pursuits under conditions that would subject innocent bystanders to substantial danger. The initiating or primary sworn member may discontinue the pursuit anytime at their discretion. Sworn members are authorized to engage in police vehicle pursuits only when they reasonably believe that the suspect, if not apprehended immediately, would create a real and substantial risk of another person being killed or seriously injured. This threat may be demonstrated when the sworn member reasonably believes that the suspect has, within the last 24 hours: o Committed a felony involving the use or threatened use of potentially deadly force, other than solely by the act of fleeing, or; o The suspect is attempting to escape or elude police by threatening to use or actually using potentially deadly force, including using the vehicle as a weapon to strike an officer(s) intentionally.  4.2.09 The sole act of swerving a vehicle near a member does not presumptively constitute a threat justifying a pursuit. Pursuit Guidelines In all police vehicle pursuits, sworn members are reminded their primary responsibility is the safety and welfare of the public. a. Primary and Secondary Sworn Member Responsibilities: 1. Decision to Initiate/Continue the Pursuit: Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 6 of 17 Before initiating a traffic stop, sworn members will evaluate whether or not justification exists to pursue should the vehicle fail to stop. Sworn members will consider alternative methods of apprehending the suspect(s) when a vehicle pursuit is likely to occur. In addition to the factors delineated in this directive, the decision to initiate or continue a pursuit will also be based on, including but not limited to, such factors as: o Likelihood of successful apprehension. o Whether the violator’s identity is known to the point where later apprehension is possible. o Identifying characteristics and vehicle registration are known to the point where later apprehension is possible. o Degree of risk created by pursuit versus the risk to the public if the suspect(s) is not apprehended immediately. o Volume, type, speed, and direction of vehicular traffic and direction of pursuit. o Nature of the area: residential, commercial, school zone, highway, etc. o Population density and volume of pedestrian traffic. o Environmental factors such as weather and darkness. o Road conditions: construction, poor repair, extreme curves, ice, etc. o The knowledge, ability, and experience of the pursuing sworn member(s). o Condition of the police vehicle. 2. Adherence to Law During a Pursuit All sworn members operating a vehicle during a pursuit will do so according to the provisions of the Colorado Revised Statutes, specifically C.R.S. § 42-4-108, in its entirety. The State law suspends compliance with some traffic laws. Still, it does not relieve the sworn member of the responsibility of safe vehicle operation or justify actions that imperil the lives of others. Members, when responding to an emergency call, may: a. Park or stand. b. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 7 of 17 c. Exceed the lawful speed limits so long as the member does not endanger life or property. d. Disregard regulations governing directions of movement or turning in specified directions. Sworn members operating a police vehicle in a pursuit will use emergency equipment (audible AND visual signals) to give adequate warning to motorists and pedestrians of its approach. 3. Restrictions on Vehicle Pursuits Keeping in mind officer safety and the public’s safety, sworn members involved in a pursuit will not engage in vehicle paralleling except to determine the driver's identity. It is the policy of the Aurora Police Department that pursuits WILL NOT, except in extraordinary situations, be conducted under the following circumstances: o In a direction opposite to traffic flow on a divided roadway. o In a police vehicle, where an individual is not a sworn member, is the driver or passenger. This restriction includes non-sworn members, citizens, other officials, and prisoners unless the subject passenger has signed a waiver of liability before the ride-along. o Without both visual and audible warning devices activated by the primary vehicle. Normally, only the primary and secondary vehicles will be directly involved in a pursuit. A supervisor may authorize additional units as necessary to control the course of the pursuit and/or at the point of termination. A fully marked patrol vehicle is the most suitable vehicle to conduct a pursuit. Normally, a special purpose vehicle will not be involved in a pursuit. Special-purpose police vehicle will not participate in a vehicular pursuit unless it is equipped with an emergency light and an audible device. In the case of motorcycles, they must have the capability of making radio transmissions without removing hands from the steering controls. A special-purpose police vehicle may initiate a pursuit. However, the specialpurpose vehicle will relinquish primary unit status immediately upon the participation of a fully marked patrol vehicle. The special purpose vehicle will Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 8 of 17 relinquish secondary vehicle status when a fully marked patrol vehicle can assume that status. As a special-purpose police vehicle, a motorcycle officer may initiate a pursuit as stated above but will relinquish primary unit status immediately upon the participation of a marked police vehicle. In this case, the primary unit will broadcast the pursuit until another fully marked patrol car can assume secondary vehicle status from the motorcycle officer. Members actively involved in the pursuit will activate their body-worn cameras as described in "DM 16.04 - Body-Worn Cameras." b. Initiating Member Responsibilities: When a sworn member initiates a pursuit, they will immediately broadcast details of the pursuit over a primary talk group. These details will include at a minimum: o Declaration of the Pursuit o Location, the direction of travel, and speed. o Vehicle Description o Occupant Description(s) o Reason for the Pursuit o Traffic Conditions o Road Conditions c. Incident Supervisor Responsibilities: A Sergeant will assume command of the incident upon the declaration of a pursuit. If a Sergeant is unavailable or does not acknowledge the pursuit, the Duty Lieutenant will assume incident command. The Incident Supervisor will monitor and control the pursuit and initiate the review process upon termination of the pursuit. The Incident Supervisor is responsible for assessing the risks and hazards involved in allowing the pursuit to continue. The Incident Supervisor may allow the pursuit to continue only if it meets this directive's authorization and justification criteria. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 9 of 17 The Incident Supervisor will order a pursuit discontinued if they conclude that the danger to the sworn members engaged in the pursuit, or the danger to the public, outweighs the necessity for immediate apprehension of the violator. Nothing in this directive will prevent supervisors, who have the knowledge they believe should modify decisions of the Incident Supervisor, from discontinuing the pursuit when they reasonably believe the risks incurred by the pursuit outweigh the benefits and need for immediate apprehension. Supervisors cannot authorize the continuation of a pursuit discontinued by the Incident Supervisor. d. Street Paralleling Vehicle Responsibilities: The Incident Supervisor may assign additional units to "street parallel" and monitor the area of the pursuit. There will be no other emergency response other than street paralleling and traffic control units unless directed by the Incident Supervisor. e. Traffic Control Responsibilities: When possible, other sworn members should assist with traffic control along the anticipated route of the pursuit and may render assistance at the termination or discontinuation point. f. Methods of Stopping Pursued Vehicles: Forcible termination of a pursuit may, in some instances, constitute a "Use of Potentially Deadly Force." Most forcible terminations will fall under a Tier One or a Tier Two reporting criteria; however, if the termination results in hospitalization or death of the offender, or the forcible termination involves the use of potentially deadly force, the reporting level will be under Tier Three reporting criteria. An uninvolved supervisor will initiate the appropriate Use of Force Review report and pursuit review when a pursuit is forcibly terminated. When the situation justifies the need for immediate apprehension of a fleeing suspect, pursuing members may need to employ forcible termination techniques. When practical, members should obtain supervisory approval prior to initiating any forcible termination technique. Only department-approved and trained methods of forcible termination should be used unless an articulable and compelling reason exists for a sworn member to deviate from authorized tactics. Department-approved and trained methods of forcible termination include the following: 1. Tire Deflation Devices (Tier 2) Tire deflation devices are authorized for use to disable a vehicle. The use of tire deflation devices should meet the manufacturer’s recommendations and only Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 10 of 17 be deployed by sworn members trained in the use of tire deflation devices. Additional considerations for the use of a tire deflation device are: o Weather and Road Conditions: Adverse conditions may increase the risk of losing control or injury to the fleeing driver. o Type of Vehicle: Tire deflation devices are only to be used on motor vehicles (e.g., cars, trucks, etc.). They are not to be used on motorcycles, ATVs, high-profile trucks, or vehicles known to be transporting hazardous material. o Location: Members must consider the safety of other drivers, private citizens, police units, and pedestrians prior to deployment. The deploying officer should have a full view of the roadway for a significant distance in each direction. The location should contain solid natural or man-made barriers for the protection of the deploying officer. The immediate area should be free of obstructions that could increase the risk of injury to the fleeing driver (i.e., a bridge, curved roadway, or steep embankments on either side of the roadway). o Patrol Vehicles: An officer may utilize their patrol vehicle, with all emergency lights activated to direct the subject vehicle to a specific location to maximize the opportunity of a tire deflation device. With all emergency lights activated, a second patrol unit may help funnel the target vehicle over the tire deflation device. Officers should not remain with or inside the vehicle(s). o Deployment: The deploying officer should not be in the roadway or visible to the oncoming driver. Officers should seek the protection of a solid barrier, such as a guardrail. A patrol car is not sufficient protection. o Notification: The deploying officer should notify all involved units as far in advance as possible of the deployment location. This may take a few minutes in a multi-jurisdictional pursuit. Tire deflation devices may be used outside of pursuit situations (i.e., stationary vehicles, stolen vehicles before contacting the driver, etc.). *Utilizing a tire deflation device on a stationary vehicle is not a use of force. 2. Boxing (Tier 2) This technique involves using police vehicles in motion to surround the subject vehicle. The police vehicles are slowed to a stop restricting the movement of the subject vehicle. Deliberate vehicle contact is not intended with this technique. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 11 of 17 3. Heading Off This technique involves pulling ahead or alongside the subject vehicle while moving toward the subject vehicle with the intent of forcing the vehicle to the side of the road and to a stop. Deliberate vehicle contact is not intended with this technique. 4. Roadblocks A roadblock will not be established until all pursuing police sworn members are made aware of the roadblock and its location and have acknowledged this awareness. Once a roadblock has been established, and a vehicle or barricade has been positioned, there will be either an adequate distance for the subject to see the roadblock and safely stop their vehicle, or an "escape" route must be available to prevent a collision. Vehicles used as roadblocks must be unoccupied. 5. Deliberative Vehicle Contact Sworn members will not engage in deliberate vehicle contact except in cases when the sworn member can articulate the existence of facts to justify the level of force used. For the purposes of this directive, the mere act of a person driving a vehicle in a manner to elude police does not presumptively constitute a threat justifying a member’s use of forcible stopping. When practical, the incident supervisor should pre-approve deliberate vehicle contact and broadcast via the police radio. The ultimate responsibility for implementing deliberate vehicle contact lies with the member. Deliberate vehicle contact as a means of stopping a pursued vehicle should only be used when the technique can be performed safely and when other means of stopping the vehicle are unavailable or impractical. The decision to employ deliberate vehicle contact must be based on the totality of the circumstances. The Incident Supervisor and pursuing member(s) must assess the inherent risks involved in a forcible termination of a pursuit. Factors to be considered include, but are not limited to: o Reason for the Pursuit o Safety of Other Motorists o Safety of Pedestrians (e.g., residential, school zones) o Innocent Bystanders (e.g., construction zones, shoppers) Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 12 of 17 o Risk of Injury to Passengers in the Pursued Vehicle o Risk of Injury to the Involved Sworn Members o Nature of the Terrain (e.g., uneven or elevated road surfaces) o Visibility Vehicle contact includes but is not limited to the following actions: a. Pinning (Tier 0) is a coordinated maneuver where one or more vehicles block the movement of a target vehicle with the intent to restrict or prevent the target vehicle from moving without causing substantial damage to all vehicles involved. When possible, the positioning of police vehicles should be against the front and rear bumpers of the target vehicle to prevent spacing that the driver could use to escape. Pinning does not involve the ramming of the target vehicle. Deliberate vehicle contact above Tier 0 Pinning (as described in this section) is a Tier 2 UOF. Sworn members should only pin vehicles when there is an articulable justification that such action is necessary to immediately and safely apprehend a subject or the vehicle’s location would place others at risk of death or serious bodily injury. Absent exigent circumstances, approval should be requested and granted from a supervisor. When a sworn member(s) utilizes the pinning maneuver, they are required to complete a general offense (GO) report or supplemental report and articulate their justification for using the maneuver in their report. When exigent circumstances dictate immediate action is necessary without having received supervisor approval, the sworn member is permitted to pin a vehicle. In such a situation, the sworn member(s) utilizing the maneuver will be required to articulate the exigency that led to their actions in a general offense (GO) report or supplemental report. The initiating sworn member is responsible for coordinating the vehicle pin with involved members, consistent with department training and policy, unless coordination is assumed or assigned by a supervisor. Pinning should only be employed by sworn members who have received training in such tactics and after considering the following: a. The Severity of the Crime b. Employing the pin does not unreasonably increase the risk to the public, the sworn member(s), and persons in the target vehicle. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 13 of 17 c. The target vehicle is stationary or moving at extremely slow speeds. d. The vehicle’s contact points or bumpers, especially when the points or bumper(s) cannot match the police vehicle. e. In circumstances where the target vehicle may be pinned by utilizing an environmental object (i.e., concrete wall, hardened barrier, etc.), the sworn member should assess the stability of the object and the likelihood it will be able to hold the pin. Aurora Police Department Sworn Members can employ the pinning (Tier 0) maneuver under the following circumstances: a. When a vehicle is stopped, and the driver appears to be incapacitated or unconscious for any reason, and their vehicle location would place other drivers, pedestrians, or sworn members at substantial risk of death or serious bodily injury if the target vehicle were to be put in motion.  Sworn members are not authorized to pin stolen vehicles. However, in circumstances where an unconscious driver is in control of a stolen vehicle and reasonable attempts have been unsuccessful in waking that driver, the pinning maneuver may be utilized to stabilize the vehicle with the intent of increasing safety for the officers from vehicle movement while making contact with the driver. Aurora Fire Rescue should be notified and on standby in these circumstances. b. A vehicle pursuit is authorized in accordance with section "4.2.8 Authorized Use of Police Pursuits" of this directive, and the decision to initiate a pursuit has been made should the target vehicle flee. c. An unoccupied stationary vehicle that a suspect may use to flee. d. Any situation where articulable exigent circumstances exist that are not listed above. Use of a pin under exigent circumstances requires supervisory approval when practicable.  Sworn members are not authorized to pin occupied stolen vehicles unless the medical exception requirements of “a” have been met or they are a designated specialized unit. For specialized units with specially equipped vehicles, multi-officer vehicles, and/or training in unit tactics and procedures for high-risk vehicle engagements, a vehicle pin is authorized when it is determined to be the safest option and is dictated by that specialized unit’s standard operating procedures (SOPs) and chain-of-command. Specialized units that are Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 14 of 17 authorized to employ the pinning maneuver based on their SOPs are the following: o Special Weapons and Tactics (SWAT) o Direct Action Response Team (DART) o Gang Intervention Unit (GIU) b. Precision Immobilization Technique (PIT) (Tier 2): This technique employs the use of deliberate vehicle contact, involving contact between the front quarter panel of a moving police vehicle and the rear quarter panel of a moving vehicle intending to cause the vehicle to spin away from the direction of travel. Only sworn members, who have successfully completed an approved PIT course of instruction, are authorized to employ the PIT. Trained members employing the PIT will plan for the execution of the technique. Executing members should select a location that provides sufficient width, free of obstructions, to allow the vehicles to implement the technique and come to rest without impacting any other object or person. In particular, the planning should include consideration of: o Blind Curves o Elevation of the Roadway (incl., highway on and off-ramps) o Abutments, guardrails, and other barriers. o Roadside Obstacles (e.g., ditches, construction, curbs, traffic signs, etc.) o Traffic Congestion o Pedestrians Present o Type of Area (e.g., commercial, residential, school, etc.) o The vehicle’s contact points or bumpers, especially when the points or bumper(s) cannot match the police vehicle. o The vehicle’s center of gravity, especially when it is a high center of gravity, such as campers, pick-up trucks, and some sports utility vehicles. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 15 of 17 When Performing the Precision Immobilization Technique (PIT): o When practical, the member attempting the technique will broadcast via the police radio that they are about to perform the PIT. o Emergency lights and siren will be activated prior to and during the technique. o When practical, a minimum of two police vehicles will be present before the PIT is attempted. o Upon completing the PIT, pursuing units should attempt to pin/box the vehicle to prevent the driver from attempting to flee. o Members should avoid using the PIT at speeds exceeding 45 mph. The member must articulate the need to use the PIT above 45 mph. o The executing member should select a location that is of sufficient width and free of obstructions to allow the vehicle to implement the technique and come to rest without impacting any other object or person. The Precision Immobilization Technique (PIT) will NOT be utilized when the following circumstances exist: a. The pursued vehicle is a(n): o Motorcycle o ATV o Truck with passengers riding in the bed/cargo area o Vehicle with placards showing hazardous cargo 4.2.10 Inter-Jurisdictional Pursuits The following procedures will be followed: a. Notifications: Whenever a pursuit enters a receiving jurisdiction, communications personnel of the originating jurisdiction will, when feasible, notify the receiving jurisdiction of the existence of and reason for the pursuit and will keep the receiving jurisdiction apprised of the status of the pursuit. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS Page 16 of 17 All units and jurisdictions will be advised immediately when a pursuit is discontinued or reaches termination. b. Supervisory Responsibilities: A supervisor from the originating jurisdiction and each primary jurisdiction should respond to the pursuit termination or discontinuance scene unless otherwise instructed by the receiving jurisdiction. Each participating jurisdiction will gather and provide information concerning the circumstances of its sworn members who participated in the pursuit. c. Pursuits Entering a Receiving Jurisdiction: Usually, sworn members in a receiving jurisdiction should not become involved in a pursuit originating in another jurisdiction. However, an Incident Supervisor from the receiving jurisdiction may assign sworn members to assist with traffic control, render assistance at the termination or discontinuation point, or monitor the pursuit. Such sworn members will not be considered directly involved in the pursuit. Upon request of the primary jurisdiction for assistance, the receiving jurisdiction supervisor (Incident Supervisor) will consider the justification for the pursuit to ensure Departmental criteria for pursuits are met. Only upon approval by the receiving jurisdiction supervisor (Incident Supervisor) may a vehicle from the receiving jurisdiction assist with the pursuit or become the primary vehicle. Once relieved by another vehicle, any participating vehicle from a receiving jurisdiction should discontinue its participation when feasible after leaving its jurisdiction unless circumstances dictate otherwise or are requested by the primary jurisdiction. The overall command of the pursuit will rest with the primary jurisdiction. When a pursuit has entered a receiving jurisdiction, the primary jurisdiction should attempt to notify the receiving jurisdiction, in advance if possible, of any method to be used by the primary jurisdiction to stop the pursued vehicle. d. Investigation/Jurisdiction at Termination: The on-scene supervisor of the originating jurisdiction will be responsible for processing any suspects’ arrests and coordinating the investigation. However, if there was a more serious violation in another jurisdiction, the on-scene supervisor from that jurisdiction will assume the responsibility for coordinating the immediate investigation. Nothing will preclude the investigation of any accident, criminal act, or other incidents that occurred during the pursuit by any jurisdiction in which an incident occurred. Directive Manual (Revised: 11/09/2022) 04.02 EMERGENCY RESPONSE AND POLICE VEHICLE PURSUITS 4.2.11 Page 17 of 17 Pursuit Reporting and Review Upon termination of the pursuit, the Incident Supervisor will determine what reports are to be completed by participating sworn members. In all pursuit cases in which the department actively participated, regardless of the outcome, a General Offense Report will be initiated, documenting the offense(s) and justification for the pursuit. All members directly involved in the pursuit, including paralleling activities, are required to document their actions in a supplemental report. In the event the incident involved the use of force, including the forcible termination of a pursuit, a second supervisor will investigate the use of force in accordance with Aurora Police Department directive "DM 05.04 - Reporting and Investigating the Use of Tools, Weapons, and Physical Force." On all pursuits, the Incident Supervisor will complete, at a minimum, a supplemental report and the Police Vehicle Pursuit Summary Report and complete notes within the reporting system. The Incident Supervisor will be responsible for gathering all pursuit-associated reports, completing a preliminary review, entering the information into the current electronic system for reporting and review of pursuits, and making an initial recommendation in their tracking notes drop-down box in AIM. The notes will detail the extent of the investigation. If the Incident Supervisor were, at any time, involved in the pursuit as the primary or secondary vehicle, the Patrol Lieutenant would assume Incident Supervisor responsibilities. The Patrol Lieutenant may designate a non-involved supervisor to complete the review process. The Supervisor making the entry is responsible for tracking the report to the involved member(s) supervisor and or chain of command for review. Every subsequent level in the review process will examine the report for accuracy, completeness, and the prior reviewer's recommendations. The report should be reviewed by the immediate supervisor of the member(s) who was the primary and secondary vehicles and through their chain(s) of command to at least a Division Chief. The member’s Captain, or Commander as appropriate, will ensure that all members of the chain of command have completed the Police Vehicle Pursuit Command Review requirements. The Bureau/District Captain or Commander, as appropriate, will provide a brief rationale for the final disposition of the review and track the review report to the appropriate Division Chief. Should the member not answer to a Captain or Commander, the appropriate Chief in that member’s chain of command will ensure all requirements are completed. Following a completed review, the incident will be closed. Annually the analytical results of police vehicle pursuit incidents, including a review of pursuit policies and reporting procedures, will be disseminated to Command Staff for suggestions regarding potential policy revisions, equipment modifications, disciplinary concerns, and/or training needs based on issues or trends identified in the analysis. The Business Services Division will conduct this annual analysis.