Boca Raton Police Vehicle Pursuits PDF

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 41.50 VEHICLE PURSUITS Revised: September 8, 2020 II. PURPOSE: The purpose of this standard operating procedure is to establish guidelines regarding pursuit driving. III. DEFINITIONS: Primary LEO: The LEO nearest the fleeing offe...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 41.50 VEHICLE PURSUITS Revised: September 8, 2020 II. PURPOSE: The purpose of this standard operating procedure is to establish guidelines regarding pursuit driving. III. DEFINITIONS: Primary LEO: The LEO nearest the fleeing offender, usually the initiating LEO. Probable Cause: Where the facts and circumstances within the law enforcement officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed. Pursuit: An active attempt via emergency lights and siren by an LEO in an authorized emergency vehicle to apprehend a suspect fleeing in a motor vehicle who has used evasive tactics. Support LEO: The LEO that trails the primary LEO at a safe distance and will be immediately available to assume the primary role or assist the primary LEO if the fleeing vehicle is stopped. IV. PROCEDURE: A. DECISION TO PURSUE: 1. LEOs may engage in pursuits when they have probable cause that a fleeing suspect has committed or attempted to commit a forcible felony as defined by Florida statute. Notwithstanding the above, LEOs shall not initiate a vehicular pursuit without direct supervisor approval for burglary or arson. 14.05 2. No LEO is authorized to participate in any pursuit, whether inside or outside the City limits, should the pursuit be in violation of Department written directives. 3. The responsibility for the decision to pursue and the methods to be employed during a pursuit rests with the individual LEO. 4. If a pursuit is initiated, a continuous balancing of all factors is mandatory. Effective: May 1, 1982 Revised: September 8, 2020 Vehicle Pursuits SOP No. 41.50 Page 1 of 8 B. JUDGMENT OF THE LEO: 1. The pursuing LEO must, at all times, use his/her best judgment in evaluating and re-evaluating the pursuit, and must make a continuous appraisal of the pursuit when deciding whether he/she should continue the pursuit. 14.05 C. LIMITING FACTORS: 1. Every patrol vehicle has a maximum speed at which a driver can operate it safely due to limiting factors that include the following: a. The condition and inflation pressure of the tires. b. The condition of the brakes. c. The limit of the suspension system to support the vehicle at maximum side thrust. 2. Some of the factors that limit every driver’s ability to safely operate a vehicle on a given roadway are as follows: a. His/her experience and training in vehicle operations. b. The degree of familiarity with the roadway being traveled. c. The type of roadway (e.g. residential, interstate highway, etc.). d. The LEO’s familiarity and degree of comfort with the vehicle he/she is operating. e. The visibility and illumination in the area being traveled. f. The obstacles, both present and potential, that must be avoided. 3. Some of the factors that limit the maximum speed at which a vehicle may be operated safely on every roadway include the following: a. Lack of straight and level surfaces. b. Condition and type of road surfaces. c. Weather conditions. d. The presence of water, loose gravel, or other foreign substance on the road surface. e. Effective: May 1, 1982 Revised: September 8, 2020 The presence of traffic, pedestrians, or cyclists on or near the roadway Vehicle Pursuits SOP No. 41.50 Page 2 of 8 4. Department vehicles used in pursuit driving shall be subject to a preventive maintenance program as specified by Municipal Services’ Fleet Maintenance that includes inspections of the alignment, brakes, tires, lights, doors, driver restraining devices, steering mechanism and emergency equipment. 5. Under Florida State Statute 316.072, LEOs, while engaged in a pursuit with emergency equipment activated, are not required to obey traffic regulatory controls, but must slow down as may be necessary for safe operations, must at all times operate the vehicle in a manner so as not to endanger life or property, and must exercise due regard for the safety of all persons. If due regard is not followed, the consequences of his/her reckless disregard for the safety of others is not protected. D. DECISION TO TERMINATE A PURSUIT: 1. An LEO shall terminate his/her involvement in a pursuit whenever the risks to his/her own safety and/or the safety of others outweigh the danger to the community if the suspect is not apprehended. 14.05 2. A pursuit shall be terminated if the LEO(s) loses sight of the suspect vehicle other than for a momentary period and a supervisor shall be notified immediately. 14.05 3. Except in extreme cases, LEOs should terminate any pursuit when two-way radio communications with the Department or a supervisor are lost. 14.05 4. If a Department vehicle is severely damaged or experiences mechanical problems during pursuit, the LEO shall immediately withdraw from the pursuit. 14.05 5. Supervisors have the authority and responsibility to order the discontinuance of a pursuit at any time if they feel the safety of the LEO or the public is in jeopardy. 14.05 6. A supervisor’s decision shall be final and shall be considered a direct order. 7. When a pursuit is terminated, the LEOs involved shall acknowledge and report their location over the radio. E. DURING THE PURSUIT: 1. The driver of an authorized emergency vehicle shall not be relieved of any liability or duty to drive with due regard for the safety of all persons using the highways. 2. There shall be due regard for the safety of all persons. 3. Emergency lights and sirens shall be activated at ALL times while in pursuit. 4. When approaching an intersection, extreme caution shall be used, and the LEO shall enter the intersection only when, and if, it is safe to proceed. 5. LEOs shall refer to Departmental Standards Directive 01.300 Response to Resistance regarding use of force issues. Effective: May 1, 1982 Revised: September 8, 2020 Vehicle Pursuits SOP No. 41.50 Page 3 of 8 6. Radio transmissions shall be restricted to the primary pursuit LEO, the support LEO, and the supervisor. 7. Other back-up LEOs shall not advise of their location or other information, unless deemed necessary for apprehension efforts. F. EMPLOYEE RESPONSIBILITIES: 1. PRIMARY LEO: a. Upon initiation of a pursuit, the pursuing LEO shall immediately notify public safety dispatchers that he/she is in pursuit his/her location, direction of travel, and exact reason for the pursuit. 14.05 b. The vehicle description and tag information should also be transmitted to the PSD. 14.05 c. The LEO should keep his/her voice as normal as possible and make an effort to be understood when transmitting. 14.05 d. In the case of a two-LEO police car, the passenger should handle the radio transmissions. e. The primary pursuit LEO will usually handle communications relating to the actual pursuit, but this shall not restrict the supervisor from giving instructions or other information directly to the primary pursuit LEO, the support LEO, or to PSD. The support LEO may assume radio communications responsibility, if more practicable. 14.05 f. LEOs responding to assist should concentrate on positioning in the area in case the violator eludes the immediate pursuit vehicle or if the violator abandons his/her car and flees on foot. g. The pursuing LEO, before giving foot pursuit, should notify a PSD of his/her location, lock vehicle doors, and quickly check the violator’s car for occupants who may have hidden or who are injured. 14.05 h. During a pursuit, a safe distance shall be maintained between all cars, enabling the pursuing LEOs to duplicate any sudden turns and lessen the possibility of collision in the event of a sudden stop. i. Pursuing LEOs shall not pull alongside a fleeing motorist in an attempt to force him/her off the road, nor shall they pull in front of the vehicles being pursued. j. Unless otherwise directed or approved by a supervisor, only two Boca Raton police vehicles shall engage in pursuing the suspect - the primary and support LEO vehicles. 14.05 Effective: May 1, 1982 Revised: September 8, 2020 Vehicle Pursuits SOP No. 41.50 Page 4 of 8 k. Should the pursuit leave the City limits, PSD employees shall be responsible for contacting the adjacent jurisdiction to notify it of the pursuit and that City of Boca Raton police LEOs have entered its boundaries. 14.05 l. PSD shall also request the jurisdiction’s assistance and keep it apprised of the pursuit until one of its LEOs joins the pursuit. 14.05 m. Once two or more vehicles from the jurisdiction enter into the pursuit, the Boca Raton LEOs shall terminate their involvement in the pursuit, and the supervisor shall assign an LEO to follow the pursuit to its conclusion under a Code 1 response. 14.05 2. SUPPORT LEO: a. The support LEO, upon joining the pursuit, shall immediately confirm and notify the PSD of his/her identity. 14.05 b. The support LEO shall maintain a safe distance behind the primary LEO while remaining close enough to render assistance. 14.05 c. Should the primary LEO’s vehicle become disabled, the support LEO shall become the primary LEO, and the field supervisor shall designate a new support LEO. 14.05 d. LEOs not directly involved in the pursuit, which are responding and being coordinated as additional support, shall drive their vehicles in a safe and prudent manner and shall obey all traffic laws. 3. COMMUNICATIONS SECTION EMPLOYEE RESPONSIBILITIES: 14.05 a. Upon notification from an LEO that he/she is in pursuit, the PSD shall immediately simulselect all police channels, depress the alert tone transmit buttons, and advise that the air is in emergency traffic in reference to a pursuit. b. The PSD shall then ask for the current location and repeat it; and shall ask for the direction of travel. c. At reasonable intervals, the LEO shall keep the PSD and other LEOs apprised of his/her locations, and the PSD shall repeat the locations. d. If the PSD fails to hear from the LEO at reasonable intervals, the PSD shall attempt to raise and request the present location from that LEO, and then repeat it to the other LEOs. e. If at some point the subject exits the vehicle, the PSD shall be responsible for keeping track of the perimeter LEOs. f. At the point where an LEO supervisor decides that the LEOs should end the pursuit, the PSD shall repeat the information to the LEOs as a broadcast. Effective: May 1, 1982 Revised: September 8, 2020 Vehicle Pursuits SOP No. 41.50 Page 5 of 8 G. OPERATIONAL REQUIREMENTS: 14.05 1. Only Department vehicles equipped with operating emergency lights and sirens are to enter into a pursuit. 2. If a Department vehicle is so equipped, it shall be the individual LEO’s duty to be reasonably sure that his/her vehicle is mechanically sound before entering into a pursuit. 3. Unmarked vehicles not equipped with emergency lights and sirens shall not engage in a pursuit. 4. Motorcycles shall not engage in a pursuit. 5. Unmarked vehicles equipped with emergency lights and sirens shall not engage in a pursuit if marked vehicles are present. 6. If an LEO in an unmarked vehicle initiates a pursuit, that LEO shall discontinue the pursuit once primary and support LEOs in marked vehicles have arrived. 7. The LE supervisor may, at any time, order the discontinuance of a pursuit. 8. Pursuit vehicles shall not contain civilians. 9. A single line or caravan consisting of more than three unassigned vehicles from any law enforcement agency is prohibited. 10. LEOs shall never follow a suspect vehicle the wrong way on a limited access roadway, such as I-95 or the Florida Turnpike, and shall use extreme caution if a suspect vehicle proceeds the wrong way on a street. 14.05 11. At the conclusion of a pursuit, the LEO(s) shall immediately resume a normal, safe driving pattern and obey all applicable traffic laws. 14.05 H. PURSUITS INITIATED BY OTHER JURISDICTIONS: 14.05 1. Upon PSCT/PSDs receiving notification from another jurisdiction that a pursuit is headed into Boca Raton city limits, PSD/PSCT shall ascertain the crime for which the vehicle is being pursued. 2. If a pursuit originates in another jurisdiction, a marked vehicle shall be permitted to join in the pursuit if the pursuit is in compliance with Department policy and with supervisory approval. 3. Should a pursuit enter the city limits of Boca Raton and violates Department policy, no LEO shall join in the pursuit. 4. If the vehicle is stopped within the city limits, the Department may respond to back up the other jurisdiction if so requested. Effective: May 1, 1982 Revised: September 8, 2020 Vehicle Pursuits SOP No. 41.50 Page 6 of 8 5. Once the pursuit leaves Boca Raton, our participation in the pursuit is to cease and the LEO(s) is to return to the City. 6. If an LEO observes a pursuit in Boca Raton and has not been given any information by the PSD, the LEO shall notify the PSD that a pursuit is in progress. 7. The PSD shall, as soon as possible, contact the pursuing agency and forward the appropriate information to the on-duty LE supervisor. 8. Supervisors’ responsibilities include, but are not limited to, the following: a. If the pursuit is for a crime within the Department’s pursuit policy, the supervisor shall assign an LEO(s) to assist in the pursuit. b. If the pursuit is for a violation not within the Department’s pursuit policy, the supervisor shall notify PSD to contact the originating agency and inform the agency that the Department will not join in the pursuit, but will assist as back up if the vehicle is stopped within City limits. I. ROADBLOCKS: 14.05, 18.10 1. J. The use of roadblocks is prohibited. TIRE DEFLATION DEVICES: 14.05 1. See Standard Operating Procedure 41.51 Tire Deflation Devices for procedures on the use of tire deflation devices. K. TRAINING: 1. No LEO shall participate in a pursuit prior to successfully completing police academy or State-approved training. 2. LEOs shall receive instruction on the Department’s written directives regarding pursuits during initial training. 14.05 3. LEOs are mandated to attend either the City’s or the Department’s defensive driving courses. L. ADMINISTRATIVE REQUIREMENTS: 1. The LEO initiating a pursuit shall complete an Incident Report documenting in detail the events leading up to and throughout the incident. 14.05 2. The supervisor monitoring the incident shall, complete an administrative review of the pursuits, utilizing the Pursuit Driving Critique Form. 14.05 3. The supervisor shall obtain copies of all available material (e.g. video and audio recordings, written reports, etc.) and then review the pursuit for the purpose of Effective: May 1, 1982 Revised: September 8, 2020 Vehicle Pursuits SOP No. 41.50 Page 7 of 8 determining if the pursuit was within policy guidelines, and shall forward the results, via chain of command, to the chief of police within 48 hours. 4. The Professional Standards Bureau commander or his/her designee shall be responsible for conducting a documented annual analysis of all pursuits for the previous year to identify the need for additional training and to review the policy for necessary revisions or modifications. Approved: Michele Miuccio Chief of Police Effective: May 1, 1982 Revised: September 8, 2020 Date: Vehicle Pursuits SOP No. 41.50 Page 8 of 8