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HomeMy WebLinkAboutCC Resolution 8726 (Police Pursuit Policy)RESOLUTION NO. 8726 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL ADOPTING A POLICE VEHICLE PURSUIT POLICY IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 17004.7 WHEREAS, the City of San Rafael employs peace officers and desires to have immunity for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being or has been, pursued by a peace officer employed by the City of San Rafael in a motor vehicle, and WHEREAS, the City of San Rafael Police Department has heretofore adopted a Vehicle Pursuit Policy, General Order #80-21. NOW THEREFORE, BE IT RESOLVED that the City Council of San Rafael hereby adopts the Vehicle Pursuit Policy of the San Rafael Police Department, General Order #80-21 as set forth in "Appendix All attached hereto as its vehicle pursuit policy in accordance with Section 17004.7 of the California Vehicle Code. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 17th day of August, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner JE A M. L!*CI, City Clerk R1 ' -#.? .V 7 GENERAL ORDEh .r80-21 INDEX AS: CHASES: HIGH SPEED HIGH SPEED CHASES VEHICLE PURSUIT U-1 REVISED: 3/05/92 VEHICLE PURSUIT POLICY PURPOSE -1. The purpose of this general order is to outline policy and procedure relative to the operations of the San Rafael Police Department in vehicle pursuits of suspected traffic violators and criminals. POLICY -2. It is the policy of the San Rafael Police Department that after evaluating all of the known conditions relative to the pursuit, the course of action which least endangers the lives, safety and well-being of all parties affected by the pursuit action be used to apprehend the suspected traffic offender or criminal. -3. The mission of the San Rafael Police Department dealing with vehicle pursuits of suspected traffic violators or criminals is tQ Qoorehend sus ep cted persons while l2rotectina Jba lives, safety. QmL[ well-beina gf all parties affected tW the pursuit action. -4. The important thing to remember is any vehicle pursuit situation is to not cause or become involved in an accident while apprehending the suspect(s). This means that officers involved must drive within their driving capabilities and not beyond the conditions involved in the pursuit. -5. The objective of a pursuit is to apprehend a violator who refuses to voluntarily comply with the law requiring this person to stop. -6. The intent of the pursuit is that the subject(s) will be apprehended and brought to trial for the offenses(s) committed. PROCEDURE -7. Initiating a Pursuit (a) A pursuit is defined as an event involving one or more law enforcement officers attempting to apprehend a suspect operating a motor vehicle while the suspect is trying to avoid arrest by using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner, but willfully failing to yield to the officer's signal to stop. General Order #80-21 (b) The majority of pursuits originate from infraction or misdemeanor violations. Violation severity should be considered when an officer is deciding to pursue a violator. (c) To begin a pursuit an officer must determine: (1) Does the offense warrant a pursuit? (2) Does the need for apprehension justify a pursuit? (3) Is the pursuit reasonable with regard to applicable speed limits, and road, weather and traffic conditions? (d) Examples of when not to pursue a violator are when the sole violation the driver is wanted for is for not wearing a seatbelt, or when the sole reason to stop a motorcycle driver is that he/she is not wearing a helmet. The possibility of injury in these cases does not justify pursuit. (e) When officers intend to stop a suspect vehicle, they shall, when possible and practical, be within close proximity of the suspected vehicle prior to activating emergency lights and the siren. This action will tend to reduce the suspect's temptation to evade police contact. -8. Initiating Pursuit Unit: (a) The officer initiating the pursuit shall be considered the primary pursuit vehicle unless otherwise directed by the supervisor. The officer initiating the pursuit shall immediately notify the dispatcher that a pursuit is underway, giving: 1. The known law violation or reason for the pursuit. 2. Description of the vehicle, including license number, if possible. 3. Location and direction of travel. 4. Speed of the fleeting vehicle. 5. Number of occupants in the vehicle. (b) The officer who initiates the pursuit shall be held accountable for the following: 1. The conduct of the pursuit until relinquished to another unit or a supervisor. 2. Judicious operation of the vehicle during the pursuit. 3. The decision as to whether to continue or discontinue the pursuit. 4. Assumption of command at the termination point of the pursuit until the arrival of a supervisor. N General Order 480-21 -9. Secondary Units:. (a) The officer(s) in the second unit joining the pursuit shall immediately notify the dispatcher that they are joining the pursuit. This unit may take over the communication duties, if in a position to do so, at the discretion of the initiating unit. This unit is to be in a position to provide cover, if needed. -10. Conduct of the Pursuit: (a) The initial pursuing unit shall be designated as the primary pursuit unit until it abandons the pursuit or is relieved by another unit. (b) In the event a pursuit is initiated by a motorcycle officer, the motorcycle officer shall abandon the pursuit as soon as a marked four -wheeled unit has jointed the pursuit. (c) Unmarked units are to be used as cover and on the perimeter only and are not to join in pursuits. If an unmarked unit initiates a pursuit, it is to assume a support role when a marked unit is in position to assume the role of the primary unit. (d) The siren and emergency lighting do not make a shield. Both are merely tools to warn others. The siren sounds very loud and impressive when driving in the police vehicle. The emergency lighting system looks very impressive. These sights and sounds, however, can give a false sense of security. They are effective only when people hear the siren, see the emergency vehicle, and respond properly. (e) Emergency lights and the siren do not make the officer a better driver. The suspect just may be a better driver than the officer. If so, then accept it as a fact. Never make the pursuit a personal thing. If the pursuit becomes difficult and beyond the officer's ability, ABANDON THE CHASE. Remember, our obligation is to the public. Do not risk lives unnecessarily. (f) When pursuing officers see a hazardous situation developing or realize they are getting into a situation they may not be able to cope with, they shall back off and try to keep the suspect vehicle in sight. Pursuit officers must drive at speeds they are capable of handling (all conditions taken into consideration) and not at speeds the suspect chooses. -11. Communications Center (Dispatcher) Responsibility: (a) Maintaining communications with pursuing unit(s), broadcasting information to other units, and being aware of the direction of travel and location of the pursuit at all times. (b) Informing the patrol supervisor immediately when a pursuit is initiated. I General Order #80-21 (c) Initiating a code 33 (clear the frequency). (d) Notifying allied agencies and specifying if assistance is or is not requested by the pursuing unit(s), and giving details as needed. (e) Providing back-up units and stolen/registration information. -12. Supervisor's Responsibility: (a) Upon being notified of the pursuit, the supervisor shall: (1) Monitor the activity and determine the circumstances involved. (2) Terminate the pursuit if in his or her judgment, the danger(s) outweigh the benefit of a successful conclusion. (3) Ensure that no more than the required or necessary units are involved in this pursuit. (4) Ensure that the proper radio frequency is being utilized and that communications are maintained with the pursuing unit(s). (5) Ensure that the affected allied agencies are notified. (b) The supervisor shall proceed to the termination point if at all practical to provide guidance and the necessary supervision. Units should be returned to the city (if outside) as soon as possible. (c) The supervising officer of the unit initiating the pursuit shall be responsible for the submission of an analysis and critique of the pursuit to the bureau commander. -13. Heliconter: (a) Pursuing units may have access to helicopter assistance through the California Highway Patrol. Helicopters can provide valuable information to pursuing units such as upcoming traffic congestion, hazards or other facts which might endanger the safety of the officer or the public. (b) The pursuing officer may relinquish pursuit responsibility to a helicopter unit if the circumstances indicate the helicopter can maintain surveillance while ground units deploy for apprehension. Offen this action makes a high-speed pursuit on the ground unnecessary, as most fleeing suspects will slow down if they believe the pursuing units have abandoned the pursuit. C! General Order #80-21 -14. Allowable Number of Units Directly Involved in the Pursuit: The number of police units directly involved (actively chasing) in the pursuit shall be limited to two (2) unless circumstances clearly indicate a need for more units. The number of units involved in the pursuit should be kept to a minimum number reasonably called for in a particular case. One unit is to be designated as the "primary pursuit unit" and have the primary responsibility of maintaining contact with the suspect vehicle. The second unit shall be designated as the "secondary pursuit unit" and have the responsibility of providing support to the primary pursuit unit. -15. Continuance of Pursuits: (a) Law violators cannot be allowed to escape at will simply because there is some threat to the safety of others. Pursuit should be initiated and continued when such treat to safety is not out of proportion to the offenses(s) involved. If there is reason to believe the fleeing suspects represent a serious threat to public safety should they escape, pursuit should be continued even though the hazards are greater than normal. Department members are expected to use sound judgment in deciding if the threat to safety of further pursuit outweighs the benefit to the public should the arrest be made. (b) Under most circumstances, pursuits should be discontinued when: (1) In the officer's opinion a serious hazard is present to the public and/or pursuing officer(s) which overshadows the need to arrest/identify the fleeing suspect. (2) The pursued vehicle's location is no longer definitely known. (3) The subject(s) can be identified to the point where later apprehension can be accomplished. (4) The officer is unfamiliar with the area and is unable to relay his or her locations to the dispatcher and/or other responding units. (5) Any of the unit's required emergency equipment (including radio) ceases to function properly. OPERATIONAL GUIDELINES -16. Pursuits into other Jurisdictions: (a) When a pursuit extends into another area of jurisdiction, the patrol supervisor or senior officer in charge (if the supervisor is not available) shall determine if the other law enforcement agency should assume the pursuit. The following should be considered: General Order #80-21 1. The distance involved. 2. Pursuing officer(s) familiarity/unfamiliarity with the new area. 3. Other known pertinent facts. (b) Maintaining the Dursuit of the suspect vehicle: If conditions are appropriate, and the pursuing police vehicle has no difficulty keeping up with the suspect vehicle, the pursuit is to be maintained by the pursuit vehicle while information is communicated to assisting units. (c) If the pursuit is assumed by another agency, the initiating officer should proceed code two to the termination point, if within a reasonable distance, to provide Information which may be required for the arrest. North/South Highway 101: If a pursuit has not terminated prior to reaching Marinwood to the North or Greenbrae to the South, the California Highway Patrol shall be requested to take over the pursuit as soon as they have two (2) units involved. East. If a pursuit has not terminated prior to reaching the toll plaza of the Richmond/San Rafael Bridge. the Richmond Police Department shall be requested to take over the pursuit as soon as they have two (2) units involved. West A San Rafael unit may continue as the primary pursuit unit, however, the jurisdictional agency should take over the secondary pursuit position for communication purposes. Under any situation, a San Rafael unit may trail the pursuit; however, this unit shall obey all traffic regulations. (d) When the pursuit involves units from other jurisdictions, communications should be switched to Channel #2 (County Communications). (e) If we have determined that we want the CHP to assume the pursuit, a direct request to our dispatcher shall be made specifically asking the dispatcher to make a formal request to the CHP to do so. The SRPD dispatcher shall telephone the CHP dispatcher and formally request this be done. The CHP dispatcher will determine if this can be done, and, if so, will cause the proper units to move to a position that they can assume the pursuit. When the CHP dispatcher notifies SRPD dispatcher, via telephone, that CHP units are present to assume the pursuit, our dispatcher shall notify pursuing SRPD units that the CHP units are present and will take over the pursuit. SRPD units will then stop pursuing the vehicle. This will occur even if SRPD units cannot see the CHP units. County Communications common channel #2 shall not be used for this as the CHP 0 General Order #80-21 cannot use this channel. An SRPD unit should trail the pursuit to lend assistance, per section 16(c) of this order. -17. Pursuits Oriainated by Other Jurisdictions: (a) San Rafael Police units should not join in pursuits originated by other agencies unless expressly requested by the originating agency or if circumstances reasonably indicate that officer safety requires additional police units. Our participation will be governed by the limitations as directed by this policy. A field supervisor shall be notified immediately if San Rafael Police units become involved in a pursuit originated by another agency. San Rafael Police units involved in a pursuit originated by another agency shall terminate their participation when the pursuit leaves the city unless officer safety or a specific request from the originating agency indicates otherwise upon the approval of our supervisor. -18. Containment Tactics: (a) Slow -down: Deploying a minimum of two units ahead of the suspect vehicle in order to slow down the suspect vehicle gradually to a halt. This should not be attempted at speeds greater than 35 miles per hour or when it is unknown if the suspect driver may be armed. (b) BQxina-in: Deploying units to the front, rear and both sides of the suspect vehicle and gradually slowing to a halt. This should not be attempted at speeds greater than 35 miles per hour or when it is unknown if the suspect driver may be armed. (c) Roadblocks: The deploying of roadblocks is hazardous and should be undertaken only with extreme care and in cases where the escape of the suspect is an immediate and continuing threat to the public safety. The blocking of freeway exits and access ramps is acceptable in most cases in order to prevent citizens from inadvertently driving into the path of the pursuit or to keep the suspect vehicle from exiting the freeway. Under certain circumstances, police vehicles may be placed so as to be used as a barricade to restrict a roadway. It must be remembered that use of roadblocks, in a pursuit situation is hazardous. When possible, flares, reflectors, saw -horse barricades, or other suitable and valuable material should be used to restrict a roadway. If the police vehicle must be used in a temporary expediency, then care must be taken not to totally block the roadway. Enough space shall be maintained to allow a vehicle to pass through the roadblock, and under no 7 General Order #80-21 conditions is the driver of the police vehicle to remain in the vehicle while so used. (d) Rommina or runnina suspect vehicle off the road: Ramming or fleeing vehicles is to be avoided. Running the suspect vehicle off the road is to be avoided. If the pursuing unit determines that either of these tactics is necessary after evaluating the circumstances involved in the pursuit; i.e., major felony involved, character of the roadway, speeds involved, hazards, etc., thev are to be taken oniv as a last resort. Such actions must be both legally and morally justified by the nature and character of the circumstances. (a) Whenever an employee engages in a vehicle pursuit, as defined by the order in section 7(a), an incident report shall be completed on the incident by the officer initiating the pursuit. This will occur, whether or not, the suspect was apprehended. (b) To comply with section 14602.1 CVC, and as part of the incident report, CHP form 187 (Rev 1/92) shall be completed by the watch commander and placed in the original report file. A special classification designation shall be given to the incident regardless of BCS classification. Only required sections of this form should be completed. (c) A copy of the incident report shall be sent to the patrol bureau commander. (d) The front office shall send a copy of the completed CHP form 187 to the CHP as directed on the form. LEGAL GUIDELINES -20. 21806 CVC: "Upon the immediate approach of an authorized emergency vehicle sounding a siren and having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except as otherwise directed by a traffic officer: (a) The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as lose as possible to, the right -end edge or curb of the highway clear of any intersection and thereupon stop and remain in such position until the authorized emergency vehicle has passed. (b) The motorman of every street car shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed. 1.1 General Order #80-21 (c) All pedestrians upon the highway shall remain in a place of safety or proceed to the nearest curb or place of safety until the authorized emergency vehicle has passed." -21. 21807 CVC; 'The provisions of Section 21806 shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and property. -22. Riaht-of-Way: The vehicle code requires other vehicles to yield the right- of-way to emergency vehicles. It imposes a duty on other drivers but does not give the authorized emergency vehicle an unchallenged right-of-way. NEVER ASSUME THAT A VEHICLE WILL YIELD THE RIGHT-OF- WAY. The safety of all persons using the streets is of prime importance. Any arbitrary abuse of the privileges granted to emergency vehicles can result in civil and/or criminal action against the driver who abuses the privileges. P. ROBERT KROLAK, ACTING POLICE CHIEF TB/ph g: \ biz\ genord92\ 80-21.doc W