Oviedo Police Department GO 4-14.1 Vehicle Pursuits PDF

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 12-13-2022 SUBJECT: Vehicle Pursuits AMENDS: GO 4-14.0 I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. PURPOSE POLICY DEFINITIONS NON-COMPLIANT DRIVER DECISION TO PURSUE VEHICLE PURSUITS CONDITIONS OF A PURSUIT INTER/INTRA-JURISDICTIONAL...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 12-13-2022 SUBJECT: Vehicle Pursuits AMENDS: GO 4-14.0 I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. PURPOSE POLICY DEFINITIONS NON-COMPLIANT DRIVER DECISION TO PURSUE VEHICLE PURSUITS CONDITIONS OF A PURSUIT INTER/INTRA-JURISDICTIONAL PURSUITS TIRE DEFLATION DEVICES TERMINATION OF PURSUIT NON-AUTHORIZED PURSUIT FLEEING VEHICLE REPORT TRAINING I. PURPOSE APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-14.1 REFERENCE: CFA Chapters 14 & 18; FSS 768.28 & FSS 901.25 RESCINDS: None The purpose of this order is to outline the procedures and limitations regarding vehicle pursuits by sworn members of the Oviedo Police Department. II. POLICY It is the policy of the Oviedo Police Department to make every reasonable effort to apprehend violators; however, officer’s driving actions are never to create dangers that disproportionately outweigh the danger created by the escape of a fleeing violator. Officers shall never assume an indifferent attitude toward the safety of the public when pursuing violators or engaging in vehicle pursuits and shall never unnecessarily endanger the lives of innocent users of the roadway, fellow law enforcement officers, or the violator. Oviedo Police Department GO 4-14.1 Vehicle Pursuits Page 2 of 14 Cases where an officer “follows” a subject vehicle, but does not engage in apprehension efforts, do not constitute “pursuit.” Once a subject vehicle speeds away or takes any evasive action in an effort to distance itself from police, regardless if emergency take-down equipment has been activated, the officer shall immediately discontinue following the vehicle unless it meets the criteria for a pursuit as described in this order. III. DEFINITIONS A. Authorized Emergency Vehicle: A police vehicle operating with its emergency equipment activated and warning all other traffic by use of an audible signal and emergency lights. Only marked patrol vehicles shall engage in a vehicle pursuit unless specifically authorized by the on-duty supervisor. B. Initial Traffic Stop: The initial effort made to lawfully stop a moving vehicle. C. Follow: To drive in close proximity to a subject vehicle without using any apprehension efforts (such as hand signals, use of emergency take-down equipment, siren, etc.) D. Fleeing Vehicle: A vehicle making intentional and assertive efforts to avoid an officer’s attempt to conduct a traffic stop or thwart any apprehension efforts. E. Primary Unit: The police unit that initiates the pursuit, or any police unit that assumes control of the pursuit vehicle as the lead vehicle. The main role of the primary unit is the pursuit of the suspect’s vehicle. F. Secondary Unit: The police unit which trails the primary unit at a safe distance and which is available to assume the primary role or assist the primary unit if the fleeing vehicle is stopped. G. Assist Units: Police units other than the active primary and secondary unit may be designated as assist units. Assist Unit officers are to remain alert to the direction and progress of the pursuit and may position themselves at strategic sites along the probable pursuit route, or on parallel roadways for response to any emergencies that may develop. H. Vehicle Pursuit: An active and continuing effort by a law enforcement officer in an authorized emergency vehicle to apprehend the occupant(s) of a moving vehicle, provided the driver of such vehicle is aware or should be aware of the attempt being made to stop him/her, and said driver fails to stop after a reasonable time or reasonable distance or increases speed or takes other evasive action. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits I. Vehicle Apprehension: The tactics and strategies designed to take a suspect into custody who is in a moving motor vehicle. These tactics include, but are not limited to, traffic stops, tactical vehicle takedowns, utilization of tire deflation devices, stationary roadblocks, or other approved tactics to apprehend a suspect. J. Tire Deflating Devices: A tire deflating device is a department-approved device that is designed to deflate tires on a motor vehicle. K. Termination of Pursuit: A pursuit shall be considered to have terminated when the primary and assigned back-up officers have completed both #1 and #2 listed below: L. IV. Page 3 of 14 1. The primary and assigned back-up officers turn off all emergency equipment. 2. The primary and any back-up officers turn their police vehicles in another direction of travel away from where the suspect’s vehicle was last seen heading, or pull to the side of the road if on a limited access roadway, and inform SCSO Communications of this fact along with their location. Reasonable Suspicion: For the purposes of this order, an officer must be able to articulate specific facts which, when taken in the totality of the circumstances, reasonably indicate that the suspect did commit or has attempted to commit a forcible felony which involved the actual or threatened use of deadly force. NON-COMPLIANT DRIVER A. When an officer attempts an initial traffic stop and the driver fails to stop but makes no overt action to flee or elude the officer and does not violate traffic laws, this is considered a failure to stop rather than a motor vehicle pursuit. Officers may continue to safely monitor and follow the suspect’s vehicle while utilizing emergency lighting and sirens and following applicable traffic safety laws for a reasonable period of time and distance. The officer shall report the non-compliant driver’s failure to stop by notifying SCSO Communications and the on-duty supervisor and shall provide the location, direction of travel, speed, vehicle year, make, body style, tag number, and the reason for the attempted traffic stop. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits V. Page 4 of 14 B. Officers must use sound judgement in determining if a driver of a vehicle that is failing to stop is merely attempting to locate a safe location to stop based upon the time of day, environmental conditions, type of law enforcement vehicle (marked, unmarked, etc.). Officers shall use their public address system to direct the vehicle to a safe location and identify themselves as Oviedo Police Department officers. C. If the suspect violates traffic laws or makes any overt action to flee or elude the officer, the officer must discontinue all attempts to stop the vehicle unless one or both of the following conditions exist as stated in V. Decision to Pursue. DECISION TO PURSUE A. B. A vehicle pursuit is justified ONLY when one or both of the following conditions exist: 1. There is reasonable belief the suspect committed or attempted to commit a forcible felony which involved the actual or threatened use of deadly force; and/or 2. There is reasonable belief the fleeing driver poses an imminent threat of physical harm to the public. The decision to initiate a pursuit must be based on the officer’s conclusion that a danger to the public exists should the suspect remain at large. Many factors have bearing on this decision including, but not limited to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. C. Alternative means of apprehension; Nature of the suspected violent forcible felony; 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 vehicle driver and/or vehicle at a later date; Daylight or darkness; Weather conditions; Road conditions; Type of police vehicle; and Vehicle speeds. Once the decision has been made to engage in a vehicle pursuit these factors shall continue to be given careful consideration in determining the maximum safe speed at which officers’ vehicles may travel throughout the pursuit and whether to continue the pursuit. There should be a plan to end the pursuit as soon as practical. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits VI. Page 5 of 14 D. Sworn personnel at all levels have a responsibility to closely monitor the progress of each pursuit. The need for apprehension must be constantly weighed against the potential danger created by the pursuit. E. Pursuits may NOT be initiated to apprehend persons who commit noncriminal traffic infractions, misdemeanors, or non-dangerous felonies. VEHICLE PURSUITS A. Primary Unit Responsibility: Upon engaging in a vehicle pursuit, officers shall maintain safe and maneuverable control of their vehicle and shall immediately notify SCSO Communications that a pursuit is in progress. The pursuing officer shall relay the following information: 1. Unit identification number; 2. Location, speed, and direction of travel of the fleeing vehicle; 3. Description of the fleeing vehicle including the color, year, make, body style, and tag number; 4. Number of vehicle occupants including race and sex when possible; and 5. The nature of the crime for which the pursued is wanted, whether the driver or poses an imminent threat to the public, and whether the identity of the wanted driver or occupant is known to the officer. Individual responsibility for actions of a vehicle pursuit rest with the primary unit unless directed otherwise by a supervisor. B. Secondary Unit Responsibility: 1. Upon joining a pursuit, the secondary unit shall immediately notify SCSO Communications of its identity. If practical, the secondary unit should assume radio communications responsibility for the primary unit. 2. The secondary unit shall maintain a safe distance from the primary unit, but be close enough to render assistance. 3. Should the primary unit become disabled, the secondary unit shall become the primary unit and the supervisor shall designate a new secondary unit. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits C. Page 6 of 14 Supervisory Responsibilities: 1. Overall responsibility for decisions concerning the continuation or termination of a pursuit rests primarily with the on-duty shift supervisor, unless relieved by a higher authority. The on-duty shift supervisor shall assert control of the pursuit by monitoring and directing specific units into or out of the pursuit, re-designating primary, secondary, and backup units; authorizing requests for special support (SCSO Alert, K-9, etc.); approving or ordering alternative tactics; or terminating the pursuit if appropriate. 2. Upon being notified of a pursuit, supervisors shall verify the following: a. The reason for the pursuit; b. That no more than the necessary number of units are involved in the pursuit; c. That the correct radio channel is being utilized; and d. That any affected inter-jurisdictional agencies are notified. 3. In the event the vehicle pursuit results in a crash involving any participating officers’ vehicle or the fleeing vehicle, the shift supervisor shall notify the Chief of Police via the chain of command. D. SCSO Communications Upon notification that a vehicle pursuit is in progress, SCSO Communications personnel shall follow their Fleeing Vehicle procedures in cooperation with the involved Oviedo Police Department personnel as directed by the Oviedo Police Department on-duty shift supervisor. VII. CONDITIONS OF A PURSUIT A. Existing conditions and the availability of other marked units will determine the course of action to be taken to accomplish the apprehension. B. Only the shift supervisor or on-duty patrol Lieutenant shall direct other units to converge. No other units, whether uniformed, investigative, or administrative shall enter into emergency operation unless specifically directed to do so. C. No more than three units shall be directed to engage in the pursuit unless otherwise authorized. D. Pursuing officers and parallel units when assigned, shall respond with all emergency equipment activated. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits VIII. Page 7 of 14 E. Caravanning of unassigned units is prohibited. F. All pursuit units shall maintain a reasonable and safe following distance. G. Units shall not pass one another unless authorized by the primary unit or a supervisor. H. Units shall not follow a suspect vehicle the wrong way on a limited access roadway or the wrong way on a one-way street. I. Stationary roadblocks in the path of moving vehicles are prohibited. J. Officers shall not discharge their firearms at or from a moving vehicle unless the occupants of the other vehicle are using deadly force against the officer or another person by means other than the vehicle. K. Air support shall be utilized whenever possible. The on-duty supervisor is authorized to request an Aviation Unit. The presence of an Aviation Unit may negate the need for the continuance of a pursuit and allow officers to proceed at a reduced rate of speed to assist in the apprehension. If so, officers shall deactivate their emergency equipment, follow directions from the Aviation Unit, and obey all traffic laws. L. Other than the K-9 Officer in the K-9 vehicle, officers operating special purpose vehicles shall NOT engage in vehicle pursuits but may call in and follow non-compliant drivers. M. Unmarked vehicles which are not equipped with blue lights and siren shall NOT engage in vehicle pursuits. N. Units shall terminate any vehicle pursuit when communications with SCSO Communications or the supervisor are lost, unless the on-duty supervisor approves a pursuit that extends beyond radio range. INTER/INTRA-JURISDICTIONAL PURSUITS A. Out-Bound Pursuits 1. If a vehicle appears to be continuing outside the Oviedo city limits, the on-duty supervisor shall request SCSO Communications to notify the affected jurisdiction that a vehicle pursuit is headed in their direction. No more than two Oviedo units shall remain engaged with the pursuit unless otherwise authorized. The monitoring supervisor may request the affected agency to take over the pursuit and/or assist. Notification to affected agencies shall include: GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits Page 8 of 14 a. Nature of offense/reason for the pursuit; b. Number of suspects in the pursued vehicle; c. Number of units currently involved; d. Vehicle description, direction of travel, and approximate rate of speed; and e. Any other special conditions or considerations. 2. The decision to grant assistance to the Oviedo Police Department will be that of the on-duty supervisor of the requested agency. 3. If assistance is granted, a unit from the requested agency shall assume the primary position (if practical), and the Oviedo Police Department’s primary unit shall continue in a secondary unit position at a safe distance behind the primary unit. The decision to continue or terminate the pursuit transfers to the assisting agency’s primary unit. In the event the assisting agency terminates the pursuit, the Oviedo Police Department shall NOT resume the primary position or reinitiate the pursuit outside their primary jurisdiction. 4. If the requested agency does not grant assistance to the Oviedo Police Department, the primary unit shall re-evaluate the need to continue the pursuit based upon existing conditions and knowledge of the geography of the area. If the decision is made to continue, the on-duty supervisor shall ensure that SCSO Communications notifies other affected agencies and requests their assistance. 5. If the agency having jurisdiction over the area the pursuit has entered requests the primary unit to discontinue the pursuit in view of public safety concerns, the primary unit shall terminate the pursuit. 6. Officers involved in pursuits that continue beyond Oviedo city limits shall adhere to all Oviedo Police Department written directives. 7. An officer making arrests following a vehicle pursuit shall follow the procedures outlined in FSS 901.25. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits B. IX. Page 9 of 14 In-Bound Pursuits 1. Oviedo Police Department officers shall not engage in pursuits initiated by other jurisdictions unless there has been a specific request made by the pursuing agency for assistance from the Oviedo Police Department, and the on-duty supervisor has determined that the pursuit meets Oviedo Police Department pursuit criteria. 2. If the pursuit meets Oviedo Police Department criteria, the monitoring supervisor shall limit the involvement of Oviedo units to blocking traffic at intersections within the city limits. Oviedo units may be dispatched to, or remain in areas through which an interjurisdictional pursuit is proceeding to provide support in the event that the pursuit was to end within our jurisdiction. 3. If the pursuit does NOT meet Oviedo Police Department criteria, the on-duty supervisor or higher authority shall inform the initiating agency that the pursuit is not authorized under Oviedo Police Department policy. Oviedo officers shall not involve themselves in the pursuit, and the monitoring supervisor may request the pursuing agency to terminate the pursuit because of public safety considerations. 4. The decision to grant assistance to the requesting agency shall be that of the on-duty patrol supervisor, unless otherwise directed by a higher authority. TIRE DEFLATION DEVICES A. The use of tire deflation devices shall be governed by sound professional judgement and the procedures outlined in this order. B. Before utilizing any tire deflation devices, officers shall have received training and demonstrated proficiency in the use of the devices. C. Circumstances permitting, secondary or assist units shall attempt to establish at least one location where the visible presence of a law enforcement officer is apparent to the suspect. This shall be done in an effort to make the suspect fully aware of law enforcement’s command to stop and their attempts to apprehend. Should the suspect fail to stop or the pursuing officer and/or supervisor have reason to believe that the continued movement of the fleeing vehicle will place the driver and/or the general public in imminent danger of serious bodily harm or death, the secondary or assist units may use the approved tire deflation device. The tire deflation device will be used for the sole purpose of bringing the suspect vehicle to a stop. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits Page 10 of 14 D. Prior to a shift supervisor approving the use of tire deflation devices, there shall be reasonable grounds to believe that the suspect has committed a forcible felony; or that a non-compliant driver or other vehicle driver poses a mobile public safety concern (such as driving under the influence) and has failed to stop for one or more authorized emergency vehicles as required by law. E. Prior to utilizing tire deflation devices, officers shall consider the following regarding deployment locations and other safety factors: 1. Deployment locations should have reasonably good sight distances to enable the officer deploying the tire deflation device to observe the pursuit and/or suspect vehicle as well as other traffic as it approaches. Tire deflation devices shall not be deployed immediately before entering a curve unless the use of deadly force is justified. 2. The officer deploying a tire deflation device should choose a location with natural barriers such as overpasses, buildings, or other dense objects. These barriers will conceal the officer from the suspect’s view and allow deployment of the devices from a position of safety. Patrol vehicles are NOT to be used as a barrier. 3. Traffic, construction, special events, and/or school zones may create situations where the use of tire deflation devices would be inappropriate. 4. Tire deflation devices shall not be used on vehicles having less than four (4) tires unless the use of deadly force is justified. 5. Tire deflation devices shall not be deployed to stop the following vehicles unless continued movement of the suspect vehicle would result in an increased hazard to others: a. b. c. d. Any vehicle transporting known hazardous materials; Any passenger bus transporting passengers; Any school bus transporting students; and Any vehicle that would pose an unusual hazard to innocent parties. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits 6. 7. Page 11 of 14 Tire deflation device deployment plans shall include provisions for close coordination between pursuing units and the officer deploying the tire deflation device. a. Once the decision has been made to utilize any tire deflation device, pursuing units shall notify the officer preparing to deploy the tire deflation device as far in advance as possible (both time and distance). b. The officer deploying the tire deflation device shall be in position at a predetermined location in sufficient time for proper deployment. c. Pursuing units shall be notified once any tire deflation device is in place so officers are able to back off and avoid running over the device themselves. d. All tire deflation devices shall be deployed in accordance with the manufacturer’s recommendations. e. After deployment of any tire deflation device, all units on scene shall immediately seek cover and protection. f. The officer deploying the tire deflation device shall be responsible for securing them immediately after use. Once the scene is safe, this will include searching the immediate area where the device was deployed and collecting any detached spikes or similar device parts. g. Officers shall obtain replacements for damaged tire deflation devices from the appropriate personnel. After the successful deployment of any tire deflation device, a vehicle may be followed and stopped as soon possible. A vehicle will not be followed when the level of danger outweighs the necessity to immediately stop the vehicle. Air support shall be utilized whenever possible to maintain a visual of the vehicle. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits X. Page 12 of 14 TERMINATION OF PURSUIT A. A decision to terminate a pursuit may be the most rational means of preserving the lives and property of the public, law enforcement, and the suspects engaged in the pursuit. The decision to pursue or to discontinue the pursuit shall rest with the pursuing officers up to the point that the onduty supervisor or higher authority becomes aware of the situation. The pursuing units have an obligation to discontinue when circumstances dictate a pursuit is not justified. 1. A pursuit shall be terminated when the level of danger outweighs the necessity of the pursuit; 2. A pursuit may be terminated when the suspect’s identity has been established to the point that later apprehension may be accomplished and the suspect does not pose an immediate danger to the public at large; 3. A pursuit shall be terminated if distance between the officer and the suspect is so great it becomes obvious apprehension is unlikely; or if the officers loses sight of the suspect vehicle for a 15 second period. The on-duty supervisor shall be notified immediately if this occurs; 4. A pursuit shall be terminated if police equipment failure makes it impractical or unsafe to continue; or 5. A pursuit shall be terminated if the officer engaged in the pursuit no longer believes that the person being pursued is suspected of committing, having committed, or attempting to commit a forcible felony. B. Any and all officers ordered to terminate a pursuit shall do so immediately. Termination of a vehicle pursuit shall mean that all units totally disengage by turning off emergency signal devices, and cease to follow or parallel the suspect vehicle. All units involved shall turn their vehicles in another direction of travel away from where the suspect vehicle was last seen, or pull over on the side of the road if on a limited access highway. C. The primary unit shall inform SCSO Communications that the pursuit has been terminated and give his/her location and the last known direction of travel of the suspect’s vehicle. The on-duty supervisor shall get verbal confirmation from the primary unit that the pursuit has been terminated and shall respond to the point of termination. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits XI. XII. Page 13 of 14 D. If a vehicle pursuit results in a crash, the Florida Highway Patrol shall be notified by SCSO Communications and requested to respond. The Florida Highway Patrol shall be requested to investigate all crashes resulting from a vehicle pursuit. If the Florida Highway Patrol is not available and the crash occurred inside the city limits, the on-call THI shall be requested to respond. E. Whenever a vehicle has eluded an officer, investigative efforts should continue to identify the driver and/or owner of the vehicle; Even when the driver cannot be identified, if the owner of the vehicle can be determined, investigative efforts should lead to the owner being contacted and interviewed to determine who was driving the vehicle and to put the owner on notice that their vehicle was involved in a crime. NON-AUTHORIZED PURSUIT A. When a pursuit is NOT authorized as outlined in this order, or circumstances change which no longer justify or authorize continuing the pursuit, the initiating officer shall immediately turn off all activated emergency equipment and pull to the side of the road, turn at the nearest side street, or turn the vehicle around and proceed in the opposite direction. B. In the event the initiating officer has not transmitted adequate justification for a pursuit as required by this order, but continues the pursuit, the on-duty supervisor is to direct and order that initiating officer to terminate the pursuit immediately. C. Immediately upon ending an initial attempt to stop a vehicle, or upon ending any pursuit, officers shall notify SCSO Communications, and their on-duty supervisor, of their location and the specific actions taken upon ending the attempted traffic stop. D. In the event the suspect vehicle is subsequently observed stopped, parked, or abandoned, it may be investigated. If the vehicle is still occupied and the driver flees again, the vehicle shall not be followed or pursued. FLEEING VEHICLE REPORT A. When a driver flees from an initial traffic stop/attempted traffic stop; or a pursuit is initiated then discontinued for any reason, a supervisory review shall be conducted. B. The initiating officer’s supervisor shall complete a supervisory review by reviewing any body-worn camera video recordings and completing the Fleeing Vehicle Report. When there is a question of a department policy violation, the supervisor shall initiate an internal inquiry. GO 4-14.1 Vehicle Pursuits Oviedo Police Department GO 4-14.1 Vehicle Pursuits XIII. Page 14 of 14 C. The Fleeing Vehicle Report, a copy of the incident report, and all supporting documentation shall be forwarded to the Chief of Police via the chain of command. D. After an administrative review by the Chief of Police and the chain of command, all documentation shall be forwarded to Professional Standards for retention. TRAINING All Oviedo Police Department sworn members shall receive initial training that will include at a minimum, review of this general order, and an overview of FSS 768.28. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 12-13-2022 __________________ DATE GO 4-14.1 Vehicle Pursuits