OMS 204.00 Police Pursuits.pdf

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS REVISED: 5/1/2024...

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS REVISED: 5/1/2024 PAGE: 1 OF 14 204.01 VEHICLE PURSUITS (1) POLICY: a. The policy of the Denver Police Department is to balance the need for immediate apprehension of a suspect with the need to protect the public from danger caused by the pursuit. All officers are reminded that their basic responsibility is to protect the public. When the danger of a pursuit exceeds the value of an immediate apprehension, public safety will be paramount. b. A police vehicle pursuit may be engaged when an officer has probable cause to believe that a crime, as described by Colorado Revised Statutes, has been committed and has reasonable suspicion to believe the person being pursued committed that crime. c. Justification for engaging in a police vehicle pursuit must be limited to the facts known by the officer at the time a decision is made to engage in such pursuit. Information not established as fact at the time the pursuit is engaged, no matter how compelling, cannot be considered later, in determining whether the pursuit was justified. Officers are authorized to engage in police vehicle pursuits only in the following circumstances: 1. Compelling need: When a suspect's actions while operating a motor vehicle, prior to an attempt to stop him or her, involve such flagrant and dangerous behavior as to create a compelling need to attempt to stop the violator. a. A compelling need is established when facts or circumstances are clear and convincing that a suspect's actions are so dangerous that they present an imminent threat of serious bodily injury or death. b. A compelling need does not include the following: The mere act of fleeing, no matter how recklessly. Traffic infractions and licensing violations. DUI, careless driving, and hit & run not resulting in serious bodily injury or death. Property crimes including auto theft and joyriding Attempted vehicular assault Any crime that does not meet the conditions of section 2. below 2. Felony involving use, or threatened use of a deadly weapon, or a violent felony against a person: To effect the arrest or to prevent the escape of a person whom the officer reasonably believes has committed or is committing a felony involving the use, or threatened use of a deadly weapon, or a violent felony against a person. Prohibited pursuits: a. Officers are prohibited from engaging in police vehicle pursuits in the following circumstances: 1. When the pursuit is in a direction opposite to the flow of traffic on a divided roadway, unless authorized by the managing supervisor or a superior officer. 2. When a passenger in the police vehicle is not an officer or academy O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 2 OF 14 recruit, unless a signed waiver of liability (Authorization to Ride in Denver Police Car – DPD 8) has been completed before the ride along. 3. When the police vehicle contains an arrestee or other citizen not covered under the above paragraph. 4. When the officer is not the primary or secondary pursuit vehicle, unless authorized by the managing pursuit supervisor or a superior officer. 5. In violation of any other provisions of this policy and procedure. d. These policies and procedures apply to all Denver police officers, including those assigned to multi-jurisdictional task forces and other law enforcement agencies, whether they are inside or outside the City and County of Denver. (2) DEFINITIONS: Boxing In: Surrounding a violator's moving vehicle with moving pursuit vehicles, which are then slowed to stop along with the violator's vehicle. Code 9: The response to a call for service or incident without using emergency lights and siren. The violation of any traffic laws during Code 9 driving is not authorized. Deflation Device: Used to deflate the tires of a vehicle being driven by a suspect who is attempting to elude law enforcement authorities. Emergency Operation (Code 10): The act of driving a marked or unmarked police vehicle with the emergency lights and siren in operation while in pursuit of a suspect in accordance with the Colorado Uniform Motor Vehicle Law or applicable municipal ordinance. Forced-Stop Methods: The methods and tactics used to physically terminate a pursuit, including boxing in, heading off, ramming, P.I.T. Maneuver, deflation device, and roadblocks. Heading Off: An attempt to terminate a pursuit by pulling ahead, alongside, and towards a violator's moving vehicle to force it to the side of the road or to come to a stop. This does not involve contact between the vehicles. Managing Supervisor: The police supervisor (or higher-ranking officer) who manages a pursuit by providing direction and control via police radio. Managing supervisors are empowered to terminate or cancel a pursuit and specify the tactics to be used. The managing supervisor cannot be the primary or secondary vehicle in a pursuit. The managing supervisor has the authority to cancel a pursuit regardless of the rank of the involved officer(s). Pursuit authority should not be relinquished from one supervisor to another. Marked Unit: A fully marked (standard) patrol car with operable lights and siren. A marked unit is the most suitable vehicle to conduct a pursuit. Originating Jurisdiction: The jurisdiction in which a pursuit originates. P.I.T. Maneuver: Intentional contact between the front quarter panel of a moving police vehicle and the rear quarter panel of a moving suspect vehicle. The intention is to cause a suspect vehicle to spin away from its forward direction, thus terminating a pursuit. Potentially Deadly Force: In terms of police vehicle pursuits, means force that the natural and probable consequence of which is death or serious bodily injury. Primary Vehicle: The police vehicle driven by the officer initiating a pursuit or another police vehicle that takes the lead vehicle position. Probable Cause - Arrest by a Peace Officer: [CRS §16-3-102] “A police officer may arrest a person when: a. He has a warrant commanding that such person be arrested; or b. Any crime has been or is being committed by such person in his presence; or O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 3 OF 14 c. He has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested.” Pursuit: An active attempt by an officer operating a police vehicle (lights and siren = Code 10) to apprehend the operator of a motor vehicle who, having been given a visual and audible signal by the officer directing such operator to bring the vehicle to a stop, fails to obey such direction, and either increases the vehicle's speed, extinguishes the vehicle's lights, or makes some other overt action designed to avoid apprehension. Following a vehicle, whether accomplished with or without emergency lights on and siren sounding, whose driver is attempting to elude, either by increasing the vehicle's speed, or making some other overt action designed to avoid apprehension will also be considered a pursuit. Ramming: The deliberate act of impacting a suspect's vehicle with another vehicle to attempt to force the suspect's vehicle to stop. Reasonable Suspicion: [CRS §16-3-103 (1)] “A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions…. The stopping shall not constitute an arrest.” Roadblock: A restriction or obstruction used to affect the apprehension of a violator by preventing the free passage of motor vehicles. Secondary Vehicle: A police vehicle which becomes involved in a pursuit immediately following the primary vehicle and acting as the primary vehicle's backup. Serious Bodily Injury: [CRS §18-1-901] "Serious bodily injury" means bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree. StarChase System: A compressed-air launcher mounted to the grill of a department vehicle that deploys a GPS monitoring device that adheres to a suspect vehicle with an industrial-strength adhesive compound. See OMS 119.07 for system requirements, including the deployment, monitoring, reporting and safety considerations. Supervisor: A Denver Police officer of the rank of sergeant, or in the absence of a sergeant or higher- ranking officer, the highest-ranking officer available. Terminate a Pursuit: Immediately reduce speed to the legal speed limit and comply with all applicable traffic laws. Turn off all emergency equipment. Officers will not continue to follow the suspect vehicle, nor may they violate any traffic laws or regulations to catch up to, or parallel the suspect vehicle, unless authorized by the managing supervisor. Officers will make every effort to present an appearance to the suspect(s) that the police are no longer pursuing or following. Unmarked or Special Purpose Vehicle: An unmarked vehicle equipped with emergency lights and siren, or special purpose vehicles (e.g., motorcycles, etc.) will relinquish the primary position in a pursuit when a standard fully marked and equipped patrol car is in a position to become the primary unit. An exception may be made if the special purpose vehicle is the safest unit for the pursuit or when authorized by a supervisor. Vehicular Eluding (Misdemeanor): [CRS §42-4-1413] Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator's vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense. Vehicular Eluding (Felony): [CRS §18-9-116.5] Any person who, while operating a motor vehicle, O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 4 OF 14 knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding. Vehicular eluding is a class 5 felony; except that vehicular eluding that results in bodily injury to another person is a class 4 felony and vehicular eluding that results in death to another person is a class 3 felony. (3) PROCEDURES: a. Initiating Officer: The following factors will be considered before initiating a vehicle pursuit: 1. Denver Police Department policy; 2. Degree of risk created by pursuit; 3. Seriousness of the suspected crime; 4. Whether the identity of the violator is known to the point that later apprehension is possible; 5. Volume, type, speed, direction of vehicular traffic, and direction of pursuit; 6. Nature of the area (i.e., residential, commercial, school zone, open highway, etc.); 7. Population density and volume of pedestrian traffic; 8. Environmental factors such as weather and time of day; 9. Road conditions (i.e., ice, construction, poor repair, etc.). b. Officers will activate their body-worn camera per OMS 119.04. c. Complying with orders: 1. All officers will obey the orders of supervisors and the dispatcher. If the dispatcher, managing supervisor, or any superior officer orders the termination of a pursuit, all officers directly or indirectly involved will immediately stop all attempts to pursue. The managing supervisor or superior officer will have the final authority in managing a pursuit. Dispatchers are not authorized to counter the orders or directions of the managing supervisor or superior officer. 2. When ordered to terminate a pursuit, unless directed otherwise by the managing supervisor or superior officer, all involved officers will turn off their emergency equipment and proceed to a location designated by the managing supervisor or superior officer. Officers will not continue to follow the suspect vehicle. Failure to comply with this section will be deemed a violation of the pursuit policy. d. Police vehicle operation - primary and secondary vehicles: 1. Vehicles not equipped with operable lights AND siren will not become involved in vehicle pursuits. 2. Emergency lights AND siren will be activated and will remain activated during a pursuit. This applies only to the primary and secondary vehicles, or other units authorized by the managing supervisor or superior officer. 3. Officers initiating a pursuit will immediately notify the dispatcher of their location, reason for the pursuit, direction of travel, estimated speed of the suspect, and any other relevant actions by the suspect vehicle. Officers will also provide the license plate number, vehicle description, number of occupants, traffic conditions, and any other pertinent information. All radio transmissions will begin with the officer's car number. 4. When possible, officers intending to stop a vehicle will attempt to be as close as practical to the suspect's vehicle before activating emergency equipment and attempting the stop. The suspect's temptation to flee may be greater in those instances where it appears they have a head start. Before attempting a vehicle stop when a driver is likely to flee (e.g., known stolen cars or wanted subjects) the primary unit will attempt to avoid a pursuit by O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 5 OF 14 coordinating the response of assisting officers. For example, an apprehension at a stoplight or other preplanned location may be an appropriate tactic. 5. The primary vehicle is the lead police unit. The secondary vehicle’s function is to assist the primary vehicle during the pursuit and at the point of termination. The secondary vehicle will be prepared to assume the role of the primary vehicle if needed. 6. An unmarked or special purpose vehicle will relinquish its position if a standard fully marked unit is in place to assume the primary or secondary position. 7. An initiating unit that relinquishes the primary position to another vehicle may become the secondary vehicle. 8. Any unit that is no longer the primary or secondary vehicle will discontinue pursuit and Code 10 driving unless directed by a supervisor or articulable immediate emergency assistance is needed. 9. The secondary vehicle will not overtake the primary vehicle unless specifically requested to do so and will drive single file behind the primary vehicle, maintaining a safe distance, sufficient to avoid colliding with or interfering with the primary vehicle. The secondary vehicle may block an adjoining lane to prevent interference with the pursuit by other vehicle(s) traveling in the same direction. 10. The secondary vehicle may broadcast the pursuit if requested by the primary vehicle or if ordered by the dispatcher, managing supervisor, or superior officer. 11. Officers will give updated information concerning direction of travel, speed, unusual actions, etc. Radio transmissions will be kept as short as possible, allowing the dispatcher, supervisory personnel, and assisting units to air information. 12. If not already involved as a primary or secondary vehicle, a patrol vehicle equipped with StarChase is authorized to join a pursuit for potential use of this device only when approved by the managing supervisor. Unless directed otherwise, the StarChase equipped vehicle will join the pursuit as the secondary vehicle and will only assume the primary position once cleared and authorized by the primary vehicle. The StarChase equipped vehicle will continually assess the safety considerations of this device and will not unnecessarily assume the primary position if not intending to deploy this device. The StarChase equipped vehicle will adhere to the StarChase Vehicle Pursuit Management System policy (OMS 119.07) prior to the deployment. 13. The decision to pursue is not irreversible. Based on the facts known at the time, officers will continually evaluate whether the risk of danger to officers and the public resulting from a continuation of the pursuit is greater than the risk of injury to any person that may result from the successful escape of a suspect. 14. The primary vehicle may cancel their own pursuit and other officers, including the secondary unit, may not continue or reinitiate the pursuit without the authorization of the managing supervisor or superior officer. 15. Should the pursuit cross district boundaries, any officer, supervisor, or command officer with relevant information will notify the dispatcher of any special conditions or hazards along the projected route. 16. Should a pursuit cross the Denver City and County boundary, only the primary and secondary vehicles (along with any other units authorized by the managing supervisor / command officer) are authorized to continue actively participating in the vehicle pursuit. The managing supervisor may assign additional cover units (responding Code 9) depending upon the severity of the offense, number of occupants, the likelihood of armed suspects, or other relevant factors and those units may continue to serve this function outside the City and County of Denver. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 6 OF 14 17. If a reserve officer is involved in a pursuit, he/she will immediately relinquish his/her role as the primary vehicle and assume the role of the secondary vehicle (assuming there was none) or relinquish their participation entirely as soon as another vehicle operated by a full-time Denver Police officer is available. e. Covering officers: 1. All officers in the path of a pursuit will remain alert to its progress and location and will actively assist with traffic control along the route of the pursuit to promote public safety, as well as providing for coverage during accident investigation, perimeter containment, foot pursuit, etc. 2. Unless otherwise authorized by the managing supervisor or a superior officer, covering officers will respond Code 9. Covering officers are not authorized to violate any traffic laws or regulations to catch up to or parallel a pursuit unless ordered to do so by the managing supervisor or superior officer at the time of the pursuit. f. Dispatcher's Responsibilities: 1. Immediately upon being notified of a pursuit, the dispatcher will clear the channel by activating the alert tone, obtain the necessary information from the pursuing officer, and attempt to contact the supervisor of the involved officer. 2. If the officer's supervisor cannot be contacted, the dispatcher will attempt to contact any supervisor from the district in which the pursuit is occurring. Once contacted, this supervisor or command officer will be the managing supervisor for the duration of the pursuit unless relieved by a superior officer. 3. For the purposes of this section, any Denver 911 dispatcher will be considered a supervisor and will cancel a pursuit if a sworn police supervisor or command officer cannot be contacted within thirty (30) seconds. Dispatchers may not countermand the orders of a sworn police supervisor or command officer. 4. The dispatcher will immediately determine if air support is readily available, dispatch it to the scene, and notify the managing supervisor of the availability of air support. 5. Dispatchers will immediately request a clearance and listing of the suspect vehicle license number and advise the managing supervisor when the information is available. 6. When it appears that a pursuit is approaching another district or jurisdiction, the dispatcher will establish radio communications with that district or jurisdiction. 7. The dispatcher will keep the radio channel clear, allowing transmissions only from the primary or secondary units, the managing supervisor or superior officers, and officers responding to their orders and directions. The dispatcher will continue to monitor the pursuit and relay information when requested. To keep the air clear, dispatchers will not repeat the pursuing unit's radio transmissions unless they are unclear. 8. Radio transmissions by other units are prohibited unless of an emergency nature. Upon the termination or discontinuance of a pursuit, the dispatcher will sound the alert tone and advise all officers and jurisdictions involved. 9. If an accident occurs as a direct or indirect result of a pursuit, an officer will be assigned to make a report and the Traffic Investigations Unit will be notified. Denver 911 personnel will make all necessary notifications. 10. If an accident involving death or injury, or may result in death, occurs as a direct or indirect result of a pursuit, the commanding officer of the Traffic Investigations Unit (or designee) will be notified to respond. The commander of any involved officers will also be notified. g. Supervisor Responsibilities: 1. Once contact is made with the officer's supervisor, or another supervisor (or a command O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 7 OF 14 officer in the absence of a supervisor), that person will be the managing supervisor for the duration of the pursuit (unless relieved or overruled by a superior officer). Pursuit authority should not be relinquished from one supervisor to another. 2. The decision to pursue is not irreversible. Based on the facts known at the time, the managing supervisor will continually evaluate whether the risk of danger to the officers and the public resulting from the continuation of the pursuit is greater than the risk of injury to any person that may result from the successful escape of the suspect. 3. The managing supervisor has the authority and responsibility to: a. Ascertain the reason for the pursuit and the surrounding conditions from the involved officer(s) and the dispatcher. b. Authorize or cancel the pursuit based on all available information and the provisions of the Denver Police Department policy. c. Continually assess the risks and hazards involved in allowing the pursuit to continue and decide to allow the pursuit to continue or order it terminated. d. Move in the direction of the pursuit and actively monitor its progress. e. Control the tactics used in the pursuit including all forced stop methods described in this policy. The managing supervisor and the pursuing officers must assess the risk involved in applying forced stop methods to the specific pursuit in progress, knowing that such termination may meet the criteria of the use of potentially deadly force. f. Nothing in this section precludes the managing supervisor or a superior officer from canceling the pursuit at any time. Involved officer(s) may also cancel their own pursuit and other officers (including the secondary unit) may not continue or reengage the pursuit without the authorization of the managing supervisor or superior officer. 4. The managing supervisor will ensure that no more than two (2) vehicles (primary and secondary) are actively taking part in a pursuit unless he/she authorizes additional units. The following should be considered when making such decisions. The severity of the offense. The number of occupants in the suspect vehicle. The likelihood of armed suspects. 5. The managing supervisor may deploy additional personnel and equipment, as they deem necessary, including Air One, traffic control, special purpose vehicles, etc. 6. All supervisors in the path of a pursuit will remain alert to its progress and location. They will actively assist with traffic control and/or the management of traffic control along the route of the pursuit; to promote public safety, as well as providing for coverage during accident investigation, perimeter containment, and foot pursuits, etc. 7. The managing supervisor is required to respond to the scene of termination or discontinuance of all pursuits, whether or not a suspect has been apprehended. 8. The managing supervisor will determine if a traffic accident resulting from the pursuit has occurred at any point along the route of the pursuit. This includes damage to police equipment, the suspect vehicle, civilian vehicles, and any other property. If an accident has occurred, the Traffic Investigation Unit will be notified and will respond. 9. In those instances where a suspect has escaped apprehension, the managing supervisor will immediately coordinate efforts to follow up any investigative leads. Upon receiving the completed Vehicle Pursuit Report (DPD 453) and related documents, the appropriate O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 8 OF 14 investigative unit will be responsible for continuing the investigation with the intent of identifying and prosecuting the violator. 10. The managing supervisor will complete the Vehicle Pursuit Report (DPD 453). 11. Any pursuit that is terminated by forced-stop methods (excluding tire deflation devices unless used to stop a motorcycle) will be reported on a Use of Force Report (DPD 12) per OMS 105.03. The front of a Use of Force Report (DPD 12) will be used to report the appropriate information. The narrative may indicate “See vehicle pursuit report”. A copy of the Vehicular Pursuit Report (DPD 453) will be attached to the Use of Force Report (DPD 12). The Use of Force Report (DPD 12) will be forwarded to the Internal Affairs Unit, and a copy provided to the bureau/district commander, the Deputy Chief of Police, and the Chief of Police. h. Command Responsibilities: 1. Unless relieved or overruled by a superior officer, district lieutenants in service at the time of a pursuit are ultimately responsible for ensuring compliance with this pursuit policy if the pursuit is initiated or occurs on their assigned radio channel of operation. In accordance with RR-117, the highest-ranking officer (not including those physically involved in the pursuit) will have final authority over the continuation, cancellation, and tactics of a pursuit. Managing supervisors and police officers will follow the orders of higher ranking officers, regardless of the superior officer's assignment. 2. All command officers in the path of a pursuit will remain alert to its progress and location. They will actively assist with the management of traffic control along the route of the pursuit to promote public safety, as well as providing for coverage during accident investigation, perimeter containment, foot pursuits, etc. i. Participation in outside agency pursuits: Denver police officers are not authorized to actively participate in another agency's pursuit unless the circumstances fall within justification for engaging in pursuits as outlined in this policy. Denver police supervisors and command officers, in accordance with policy, have final authority over the involvement of Denver police officers. Denver police officers will assist with traffic control along the path of an outside agency pursuit to promote public safety, and will assist at the point of termination, to include suspect apprehension, accident investigation, perimeter containment, area searches, etc. j. Forced-Stop Methods: 1. If a pursuit is allowed to continue given the criteria set forth in this policy, forced-stop methods should be considered by supervisors as early as possible. a. Only officers trained in forced-stop methods will be authorized to use them. b. Officers will not resort to deadly force unless the circumstances fall within the guidelines described in the Use of Force Policy (OMS 105.00) and Colorado Revised Statutes. 2. A supervisor must authorize the use of forced-stop methods unless exigent circumstances dictate immediate action without prior approval. Officers applying such tactics without supervisory approval will be required to justify the exigency that led to their actions. 3. The managing supervisor will direct the application of forced-stop methods only after considering all information available. Pursuing officers must provide the managing supervisor with sufficient information to plan and prepare for the use of forced-stop methods. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 9 OF 14 4. The managing supervisor and pursuing officers must assess the risk involved in forcible termination of the specific pursuit in progress, knowing that such termination may meet the criteria of the use of potentially deadly force 5. Department personnel will only use roadblocks to apprehend an extremely dangerous felon who, if allowed to escape, would create a substantial risk of death or serious bodily injury to another. a. Authority to establish or remove a roadblock will lie with the managing supervisor or superior officer. b. At least one marked vehicle will be at the scene of a roadblock. c. A roadblock will not be established unless all pursuing police officers have been notified of the roadblock and its location, and have acknowledged. d. To the degree possible under the circumstances, a roadblock will be established where it will be visible for an adequate distance to allow a suspect to come safely to a complete stop. 6. The use of a tire deflation device (those approved for vehicles in motion) may be authorized by a managing supervisor in circumstances where other methods of control or apprehension would be ineffective or more dangerous. The following procedure will be adhered to: a. At least one marked patrol car and one uniformed officer will be on the scene where a tire deflation device is deployed. b. As much as possible, uninvolved vehicles and pedestrians will be kept away from the area where the device will be deployed. Some situations may prevent limiting the consequence of such devices, but to the degree possible, they will be deployed in a manner that affects only the suspect vehicle. The place of deployment will be monitored by an officer to prevent pedestrians from entering this area. c. The location of deployment of the tire deflation device will be communicated to the pursing vehicles. d. Use of this device against a motorcycle is considered deadly force and its deployment will be in accordance with laws and policy pertaining to the use of deadly force by Denver police officers. k. Vehicle pursuits with Denver Police air support (Air One): 1. The police helicopter will respond to all pursuits when it is available. Once the helicopter has established visual contact with the pursued vehicle and can follow the pursuit, the managing supervisor will be notified. 2. The managing supervisor will determine whether or not ground units are authorized to continue the pursuit once Air One has established visual contact. The continued pursuit by ground units may be authorized, only by the managing supervisor or a superior officer, and only upon a clearly articulated need based on facts known at the time, which may include the following: a. The gravity of the offense b. The surrounding terrain c. Other circumstances that may impact officer safety or the ability to safely apprehend the suspect(s) If ground units are not authorized to continue the pursuit once Air One has established contact, at the direction of the managing supervisor, officers should remain in the general area, and reengage - or affect an arrest if the suspect(s) vehicle becomes stationary, or if the suspect(s) exit the vehicle on foot. Until such time, officers should not present an O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 10 OF 14 appearance to the suspect(s) that the police are still pursuing or following them. This may necessitate stopping, turning around, or making some other effort to be out of the view of the suspect. 3. The managing supervisor will clearly articulate in all reports the urgent need to continue ground pursuit once Air One is directly involved in the pursuit. 4. The helicopter will illuminate the pursued vehicle with its searchlight to make the driver aware of the presence of the helicopter. If this awareness fails to cause the driver to slow, stop, or surrender, illumination will cease. The helicopter crew will continue to observe the vehicle without the use of a spotlight and report its location from a position not visible to the driver. At this point, the role of the helicopter crew is to maintain observation of the suspect without causing the driver to attempt to elude. 5. The helicopter crew will update ground units as to the suspect's location, direction, speed, etc. 6. The helicopter crew will inform the managing supervisor and other ground units when and if an opportunity is present for an apprehension. This will generally occur when the suspect(s) have stopped and are exiting the vehicle. The managing supervisor will then authorize ground units to enter the immediate area to apprehend any suspects. The helicopter crew will assist ground units in establishing a perimeter, etc., until the suspect(s) are in-custody, or the managing supervisor terminates the police response. 7. If a vehicle eludes an attempted traffic stop, and a pursuit is not authorized, Air One is not authorized to follow the suspect vehicle in lieu of ground units. l. Vehicle pursuits involving media helicopters: Local television stations jointly operate a pool helicopter that may be available to assist in the event of a police pursuit or other emergency. The aircraft is equipped with a police radio capable of receiving and transmitting on talk groups one through six. 1. The managing supervisor may request the assistance of a media helicopter through the police dispatcher; however, participation by any media aircraft is strictly voluntary. 2. If a media helicopter volunteers to assist in a police pursuit, the police dispatcher and managing supervisor will follow the procedures outlined for pursuits involving the police helicopter. 3. Depending on which station is operating the aircraft, call signs for the media helicopters are as follows: Channel Four: Sky 4 Channel Seven: Sky 7 Channel Nine: Sky 9 Channel 31: Sky Fox 4. Should a media helicopter withdraw from participation in a pursuit, the managing supervisor may elect to resume active ground pursuit or terminate involvement entirely. m. Use of Air One during fugitive recovery surveillance operations or an on-going investigation: 1. Investigative units should coordinate with Air One for any planned operations. 2. If assistance is needed from Air One without an operations plan in place, Air One will respond when it is available. 3. The managing supervisor will determine if units are authorized to follow the subject vehicle until Air One establishes a visual contact. 4. At this point, the managing supervisor will order that marked, ground units no longer follow the suspect vehicle, nor violate any traffic laws or regulations to catch up to or O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 11 OF 14 parallel the suspect vehicle. Officers should remain in the general area, and at the direction of the managing supervisor, will reengage or effect an arrest if the suspect(s) vehicle becomes stationary or if the suspect(s) exit the vehicle on foot, but until such time they should present an appearance to the suspect(s) that the police are no longer pursuing or following them. This may necessitate stopping, turning, or making some other effort to be out of the view of the suspect. 5. If reengagement with the subject vehicle is not successful after the first attempt, the managing supervisor and or superior officer, upon clearly articulated need based on facts known at the time, will determine if units are authorized to attempt a secondary reengagement. Managing supervisors should consider: a. The gravity of the offense. b. Other circumstances that may impact officer safety or the ability to safely apprehend the suspect(s). (4) PURSUIT TERMINATION / REPORTING PROCEDURES: a. Cover officers – post vehicle pursuit: When a pursuit has reached a conclusion and police officers are actively involved in making an arrest or pursuing suspects on foot, officers will comply with the policy regarding the emergency operations of department vehicles and situations when emergency driving (Code 10) is authorized (OMS 112.02), however, the managing supervisor has ultimate authority over the manner of response of covering officers (Code 9 or 10). Officers will strictly comply with the orders of the managing supervisor or superior officer. b. Vehicle approach: If possible, officers are to avoid approaching an occupied suspect vehicle at the termination of a pursuit. High risk vehicle stop tactics are generally the most appropriate method of taking suspects into custody at the termination of a pursuit. It is understood that exigent circumstances may exist at the termination of a pursuit that cause an officer(s) to approach an occupied suspect vehicle. Officers will articulate their actions in such an event. c. Traffic Investigations Unit personnel - Responsibilities: 1. When notified of a pursuit-related accident, a Traffic Investigations Unit detective (and/or higher-ranking officers) will respond and oversee the accident investigation. NOTE: A pursuit terminated as the result of a forced stop method only is considered a use of force and not an accident, even though a police vehicle may have been damaged as a result. The investigation of such incidents rests with the pursuit manager or incident commander, who may request the advice and assistance of TIU personnel if necessary. 2. When a suspect has evaded apprehension, the Traffic Investigations Unit (or other appropriate division) will be responsible for investigating, identifying, and prosecuting the violator. This will occur immediately upon receiving the completed Vehicle Pursuit Report (DPD 453) and any related documentation. 3. It will be the policy of the Denver Police Department to vigorously pursue eluding charges against violators. Incidents meeting the criteria set forth in CRS §18-9-116.5 will be charged as a felony. Offenses not meeting these criteria will be filed into state court as a misdemeanor. d. Commanding officer of the Traffic Investigations Unit - Responsibilities: 1. The commanding officer of the Traffic Investigations Unit (or designee) will respond to the scene and direct the investigation of any pursuit/eluding no-chase related accident resulting in death or serious bodily injury, or unusually extensive property damage. 2. When a violator has failed to yield to an officer attempting a vehicle stop but the incident O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 12 OF 14 did not rise to the level of a vehicle pursuit, the involved officer will describe the event on a General Occurrence (GO) report titled, “Vehicular Eluding – No Chase”. The commanding officer of the Traffic Investigations Unit will cause the incident to be investigated for possible prosecution of the violator, seizure of the suspect vehicle and for inclusion in a database. e. Involved Officer - Responsibilities: 1. Upon termination of a pursuit, all officers involved will meet at a location designated by the managing supervisor. All officers will complete a statement attached with the GO report. 2. When a violator has failed to yield to an officer attempting a vehicle stop but the incident did not rise to the level of a vehicle pursuit, the involved officer will describe the event on a GO report titled, “Vehicular Eluding – No Chase” and route the report to Traffic Investigations. f. When a suspect driver has been apprehended: 1. All eluding charges will be filed into state court, either as misdemeanors or felonies. 2. A Traffic Investigations Unit detective or other appropriate unit detective will examine the incident to determine if the filing of felony charges is appropriate 3. A pursuit resulting in the death or serious bodily injury of any person will be deemed a critical incident, requiring the notification of the Denver District Attorney's Office, the Internal Affairs Unit, and the Office of the Independent Monitor. The commanding officer of TIU (or designee) is responsible for ensuring the district attorney's office, Internal Affairs Unit, and the Office of the Independent Monitor are notified of the incident and afforded the opportunity to respond to the scene while the evidence is present, and prior to the conclusion of the investigation. 4. Suspects will be processed by the TIU or the appropriate bureau, district, or unit to handle the primary and most serious charge. The decision to incarcerate the suspect will be made by the Traffic Investigation Unit detectives when there are only traffic charges. 5. If other charges are appropriate, such as auto theft, burglary, etc., the suspect will be processed in accordance with normal investigative arrest/intake procedures. This will be coordinated with Traffic Investigation Unit detectives. 6. To prosecute the charge of misdemeanor eluding, under CRS §42-4-1413, it is necessary to show: Audible and visual signals, such as emergency lights and siren, were used during the pursuit. The pursuit vehicle was a marked unit. The suspect driver willfully increased speed, turned off the vehicle lights, or in some other manner attempted to elude the police. The apprehended suspect is the driver of the vehicle. 7. To prosecute the charge of felony vehicular eluding, using CRS §18-9-116.5, it is necessary to show: A person operating a motor vehicle knowingly eluded or attempted to elude a peace officer, also operating a motor vehicle. The suspect knew or reasonably should have known that a peace officer was pursuing them. The suspect operated the vehicle in a reckless manner. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 13 OF 14 g. Termination of outside agency pursuits within Denver: 1. The on-scene supervisor of the originating jurisdiction will generally be responsible for processing the arrest of any suspects and for coordinating the investigation; however, if there was a more serious violation in the City and County of Denver, the on-scene Denver police supervisor or command officer will assume responsibility for coordinating the immediate investigation. Nothing herein prohibits the investigation of any accident, criminal act, or other incident which occurred during the pursuit and within the City and County of Denver. 2. When any pursuit results in or causes any traffic accident within the City and County of Denver, regardless of the originating jurisdiction, the Denver Police Traffic Investigations Unit will assume primary responsibility for investigation of the accident. (5) VEHICLE PURSUIT REPORT (DPD 453): This report captures incident data (e.g., involved officers, suspects, vehicles, etc.), and includes a narrative that must be completed. a. The managing supervisor or commanding officer is personally responsible for the completion of both parts of the report. b. The Vehicle Pursuit Report (DPD 453) will be filled out completely. The narrative portion may be brief if the incident details listed below appear in the primary unit officer’s statement in the General Occurrence (GO) report. The statement will provide a detailed description of the following items: 1. Details to support compliance with all sections of this policy. Incomplete reports and statements will be returned for completion and clarification. 2. Descriptions of the driver and occupants unless apprehended. 3. Names, addresses and telephone numbers of all persons able to identify the suspect driver. 4. Complete narrative description of actions taken by the driver that indicated an attempt to elude. 5. The reason for the pursuit, location, direction, traffic and street conditions, and traffic violations committed by the suspect. 6. Emergency equipment used (e.g., lights, siren, etc.). 7. How the pursuit was terminated (e.g., forced stop, accident, surrender, etc.). 8. Injuries and/or damage caused by the pursuit. 9. Resistance incidents (attach a copy of the Use of Force Report – DPD 12). 10. Managing supervisor's actions during the pursuit. c. The managing supervisor will attach any handwritten officer or witness statements (DPD 366). d. Distribution: 1. The original vehicle pursuit report and statements will be forwarded to the Traffic Investigation Unit. Related reports will be attached. 2. The managing supervisor will ensure that copies of the Vehicle Pursuit Report (DPD 453) are distributed as follows: Executive Director of Safety Chief of Police Deputy Chief The division chief and district commander of all involved officers Civil Liability Section O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 204.00 POLICE PURSUITS PAGE: 14 OF 14 (6) VEHICLE PURSUIT REVIEW: a. All pursuits and eluding incidents will be subject to a review process - See OMS 203.08 (3). b. The Traffic Investigations Unit will maintain a database of all pursuits to formulate and/or revise policies and training. The Traffic Investigations Unit will also provide a monthly, quarterly, semi- annual, and annual report from the database to include a semi-annual and annual evaluation of trends and training needs.