BRIGHTON POLICE DEPARTMENT PURSUIT DRIVING

WHY A CHANGE IN POLICY?

CONCERN OVER INJURIES AND DEATH From 1995 to present, 28% of pursuits ended in an MVA. From 1995 to present, 25% of those MVA’s or 1 out of every 30 pursuits ended with an injury or death. Recently the trend is rising. According to Rochester Police Department figures

PROPERTY DAMAGE 28% of pursuits end in MVA’s Out of 445 pursuits from 1996 to present, there were 11 police pursuit accidents. $63,138 in damage to police vehicles in the past 4 years. No calculation on damage to civilian vehicles, buildings, objects, etc.

LIABILITY $158,210 paid out in civil claims since Information not available for 1996 and The trend shows a steady increase in pay- outs. Information not available for cost of medical treatment, benefits and pay for officers injured during pursuits.

NATIONAL TREND Courts have held police less culpable (Lewis vs. Sacramento), but the numbers of injuries and property damage have increased as well as civil liability payments. Trend has been to move toward “Limited Chase” policy or “NO Chase Policy”. Our department is adopting a “Limited Chase Policy”. LEC and other Monroe County Police Departments are following this model.

BRIGHTON POLICE DEPARTMENT THE “DEPARTMENT” IS COMFORTABLE WITH THE POTENTIAL LIABILITY, SCRUTINY AND POTENTIAL LOSS OF RESULTS BY INSTITUTING A LIMITED CHASE POLICY AS OUTLINED IN THIS TRAINING.

PURSUIT “An attempted apprehension by a police officer operating an emergency equipped police vehicle, of occupant(s) of another motor vehicle, whose operator refuses to comply with a lawful directive to stop and attempts to flee or takes other evasive action.”

WHEN DOES A PURSUIT BEGIN? WHEN THE EMERGENCY EQUIPMENT OF AN OFFICER’S VEHICLE IS ACTIVATED IN AN ATTEMPT TO STOP THE VEHICLE AND THE SUSPECT REFUSES TO STOP AND ATTEMPTS TO FLEE OR IS EVASIVE IN HIS ACTION

WHAT ISN’T A PURSUIT? TRYING TO CATCH-UP TO A VEHICLE THAT HAS NOT ATTEMPTED TO FLEE FOLLOWING A VIOLATOR WITH EMERGENCY EQUIPMENT WHO DOES NOT ATTEMPT TO FLEE OR TAKE EVASIVE ACTION

DETERMINE BENEFIT TO THE PUBLIC HOW IMPORTANT IS IT TO THE SAFETY OF THE PUBLIC TO APPREHEND THE SUSPECT?

REASONS TO INITIATE A PURSUIT WHEN AN OFFICER HAS ARTICULATABLE REASONABLE SUSPICION TO BELIEVE THAT AN OPERATOR AND/OR PASSENGER(S), IN A VEHICLE, WAS ATTEMPTING TO COMMIT OR HAS COMMITTED ONE OF THE OFFENSES LISTED IN APPENDIX A

REASONABLE SUSPICION CIRCUMSTANCES AND/OR INFORMATION TO FORM A BELIEF IN THE MIND OF A REASONABLE PERSON THAT AN INDIVIDUAL MAY HAVE ATTEMPTED TO COMMIT OR HAD COMMITTED AND OFFENSE. THIS IS NOT THE SAME AS PROBABLE CAUSE. AT THIS TIME, AN OFFICER MAY NOT HAVE ENOUGH INFORMATION FOR AN ARREST, AN OFFICER MAY ONLY SUSPECT THEY ARE INVOLVED.

APPENDIX “A” Murder/Manslaughter Forcible Rape/Sodomy Robbery Kidnapping/Unlawful Imprisonment Felony Assault Burglary in progress or immediate flight therefrom (not to include Burglary 3rd) Arson Felony Criminal Possession or Use of a Weapon or Menacing with a Firearm A-1 Drug cases “Wanted People” if they are wanted for any of the above crimes Fleeing the scene of an MVA with personal injuries

*An exigent circumstance involves an incident where the apprehension of a fleeing suspect, while not falling into a listed crime category, is of an equally serious nature and the apprehension of the suspect outweighs the risks associated with the pursuit. A supervisor/command officer must clearly document the exigent circumstance that lead to permission to pursue.... or, Exigent Circumstances, with the permission of a supervisor/command officer

A PURSUIT IS NOT AUTHORIZED When an officer does not have reasonable suspicion to believe a person has attempted to commit or has committed those offenses listed in Appendix “A”

WHAT ABOUT? VEHICLE AND TRAFFIC LAW VIOLATORS If there isn’t any reasonable suspicion to believe that they were attempting to commit or have committed an offense in Appendix “A” and all the officer has is V&T, a pursuit will not be authorized:VEHICLE AND TRAFFIC LAW VIOLATORS If there isn’t any reasonable suspicion to believe that they were attempting to commit or have committed an offense in Appendix “A” and all the officer has is V&T, a pursuit will not be authorized: – 58% of Pursuits are for V&T only – 29% of those pursuits end in MVA’s – Risk of the chase outweighs the benefit STOLEN VEHICLES If there is no reasonable suspicion to link the operator or occupant(s) of the stolen vehicle to a crime or attempted crime contained in Appendix “A”, a pursuit is not authorized:STOLEN VEHICLES If there is no reasonable suspicion to link the operator or occupant(s) of the stolen vehicle to a crime or attempted crime contained in Appendix “A”, a pursuit is not authorized: – A lot of reported stolen vehicles are due to “Geeker” deals – Almost 36% of pursuits involving a stolen vehicle end in an MVA

WHAT ABOUT? PEOPLE WITH OUTSTANDING WARRANTS. If the warrants are for offenses in Appendix “A”, a pursuit may be considered. If not, it will not be authorized.PEOPLE WITH OUTSTANDING WARRANTS. If the warrants are for offenses in Appendix “A”, a pursuit may be considered. If not, it will not be authorized. OTHER “WANTED PERSONS.” If the package is for offenses in Appendix “A”, a pursuit may be considered. If not, it will not be authorized.OTHER “WANTED PERSONS.” If the package is for offenses in Appendix “A”, a pursuit may be considered. If not, it will not be authorized. POSSIBLE DWI VIOLATORS. If there is no reasonable suspicion that an offense in Appendix “A” has been committed, a pursuit will not be authorized.POSSIBLE DWI VIOLATORS. If there is no reasonable suspicion that an offense in Appendix “A” has been committed, a pursuit will not be authorized. PEOPLE WHO COMMIT DOMESTIC LAW OFFENSES OR ARE SUBJECT TO CRIMINAL CONTEMPT CHARGES. If there isn’t an offense listed in Appendix “A” (like a felony assault AND Criminal Contempt) a pursuit will not be authorized.PEOPLE WHO COMMIT DOMESTIC LAW OFFENSES OR ARE SUBJECT TO CRIMINAL CONTEMPT CHARGES. If there isn’t an offense listed in Appendix “A” (like a felony assault AND Criminal Contempt) a pursuit will not be authorized.

WHAT ABOUT? “DETAILS”, the ones where officers are searching for suspects who are committing multiple crimes. If there is articulable reasonable suspicion to believe that the person being pursued was about to commit or has committed an offense in Appendix “A”, then the pursuit may be considered.“DETAILS”, the ones where officers are searching for suspects who are committing multiple crimes. If there is articulable reasonable suspicion to believe that the person being pursued was about to commit or has committed an offense in Appendix “A”, then the pursuit may be considered. OFFENSES NOT LISTED IN APPENDIX “A”. Not authorized.OFFENSES NOT LISTED IN APPENDIX “A”. Not authorized. BURGLARY CHARGES, such as a “Wanted Package”. If there is a charge like Robbery or Felony Assault along with it or there is reasonable suspicion to believe that it was being attempted or had been committed and/or the perpetrator is in flight therefrom, then a pursuit may be considered. If not, it is considered a property crime and it will not be authorized.BURGLARY CHARGES, such as a “Wanted Package”. If there is a charge like Robbery or Felony Assault along with it or there is reasonable suspicion to believe that it was being attempted or had been committed and/or the perpetrator is in flight therefrom, then a pursuit may be considered. If not, it is considered a property crime and it will not be authorized.

A PURSUIT IS NOT TO BE CONTINUED WHEN: THE RISKS OUTWEIGH THE BENEFITS

Serious Physical Crime Physical Crime PropertyCrime Property Crime Non-serious Offense Aggravating or Mitigating Circumstances will determine whether to continue or terminate the pursuit HIGH BENEFIT LOW BENEFIT Active Violent Pursuit will not take place

PURSUIT CONTINUUM UNAUTHORIZED USE MINOR V&T “DOESN’T SEEM RIGHT” DWI’s NON-SERIOUS OFFENSES (includes stolen vehicles) MVA H&R with INJURIES PHYSICAL CRIME SUSPECTED OR WANTED SERIOUS VIOLENT CRIME A-1 DRUG CRIMES ACTIVE VIOLENT CRIME or HOSTAGE SITUATION VeryHigh High Medium Mild Low Doesn’t matter, risk to the public outweighs the benefit of apprehension Extreme or t oo MANY, not worth it at any cost Extreme or t oo MANY, not worth it at any cost BENEFITRISK The risk to the police and public must not outweigh the benefit of capture. This must be continuously evaluated by weighing aggravated and mitigating circumstances

AGGRAVATING CIRCUMSTANCES Firearm involved Known violent history Violent crime will continue Mental state of suspect (suicidal or homicidal) Extenuating suspicious condition Destruction of evidence in a violent crime Vehicle used in a violent crime Known suspect unable to be located

MITIGATING CIRCUMSTANCES Suspect known or unknown Will the suspect be able to be located later Suspect unarmed Uninvolved passengers Children on board Crime will not continue Resources available

“ RISK to the PUBLIC” What level or risk does the pursuit present to public safety?

RISK VARIABLES SPEEDSPEED THE AREA or NEIGHBORHOODTHE AREA or NEIGHBORHOOD SUSPECT’S VEHICLE CONDITION/TYPESUSPECT’S VEHICLE CONDITION/TYPE PEDESTRIAN VOLUMEPEDESTRIAN VOLUME TRAFFIC VOLUMETRAFFIC VOLUME WEATHER/ROAD CONDITIONSWEATHER/ROAD CONDITIONS SUSPECT’S DRIVING BEHAVIOR/CONDUCTSUSPECT’S DRIVING BEHAVIOR/CONDUCT OFFICER’S DEMEANOROFFICER’S DEMEANOR POLICE VEHICLE CONDITIONPOLICE VEHICLE CONDITION

UNMARKED VEHICLES WILL NOT BE USED IN PURSUITS Marked Patrol Units may not be able to differentiate between the unmarked police unit and the suspect vehicleMarked Patrol Units may not be able to differentiate between the unmarked police unit and the suspect vehicle Unmarked vehicles are not designed for chasesUnmarked vehicles are not designed for chases Pursued person has a defense that he didn’t know it was the policePursued person has a defense that he didn’t know it was the police Civilians cannot differentiate or be alertedCivilians cannot differentiate or be alerted Sometimes unmarked units do not carry radiosSometimes unmarked units do not carry radios

CONTINUE TO MAKE VEHICLE STOPS. IF A PURSUIT BEGINS, BE ABLE TO ARTICULATE WHY YOU ARE PURSUING THE VEHICLE IF YOU CAN’T ADVISE YOUR SUPERVISOR WHY YOU’RE PURSUING IT, THEN IT WILL BE: TERMINATED

“7” CRITICAL TASKS of POLICE PURSUIT SECURE THE RADIO FREQUENCY IDENTIFY DIRECTION/PURSUING VEHICLE ESTABLISH REASON/BENEFIT OF PURSUIT IF CONTINUE, CONSIDER RISK VARIABLES OFFICERS AND SUPERVISORS ASSESS TO EITHER CONTINUE OR TERMINATE CONTINUE TO EVALUATE PURSUIT AND/OR EMPLOY OTHER TACTICS/STRATEGIES SUPERVISOR ACKNOWLEDGE MONITORING

SECURE THE FREQUENCY Advise OEC that you either are trying to “catch up to”, “following with failure to stop”, or you’re “in pursuit” and to hold the air THE PURSUIT WILL STAY ON THE MAIN FREQUENCY UNTIL/UNLESS OEC DIRECTS OTHERWISE

ARTICULATING THE INITIATION Identification of car number and direction of travelIdentification of car number and direction of travel Vehicle color, model, style, type, and plate if known and number of occupants and descriptions, if knownVehicle color, model, style, type, and plate if known and number of occupants and descriptions, if known Reason for pursuit - give some information to allow supervisors to hear/understand the reasonable suspicion or more (like known offender) of driver or passengers who attempted to commit or have committed offenses in Appendix “A”Reason for pursuit - give some information to allow supervisors to hear/understand the reasonable suspicion or more (like known offender) of driver or passengers who attempted to commit or have committed offenses in Appendix “A” Weapons, if anyWeapons, if any Speed, vehicle and/or pedestrian traffic densitySpeed, vehicle and/or pedestrian traffic density The pursued person’s driving behavior (good or bad)The pursued person’s driving behavior (good or bad)

SUPERVISORS ASSUME RESPONSIBILITY PRIOR TO OEC “VOLUNTEERING” YOUASSUME RESPONSIBILITY PRIOR TO OEC “VOLUNTEERING” YOU OEC WILL ASSIGN A SUPERVISOR IF YOU DON’T TAKE CHARGEOEC WILL ASSIGN A SUPERVISOR IF YOU DON’T TAKE CHARGE ADVISE OEC PROMPTLY AND CLEARLY - “I’M MONITORING THE CHASE”ADVISE OEC PROMPTLY AND CLEARLY - “I’M MONITORING THE CHASE” ASSESS SITUATIONASSESS SITUATION

ASSESSING THE SITUATION TERMINATE!Determine reason of pursuit, if not articulated in the beginning, try to ascertain by asking the officer. If the officer doesn’t know or can’t identify a reason - TERMINATE! Terminate if it does not comply with General Order 0002 and direct alternate options, if possible. If it complies, confirm or determine RISK VARIABLES. If it complies, determine if there are any aggravating or mitigating circumstances and continuously evaluate whether to continue with the pursuit or terminate. Attempt to direct other tactics (ie-spikes, shutting off main streets, etc.) without taking up too much air time.

RESPONSIBILITIES OF SUPERVISORS THE SUPERVISOR WHO ADVISES THEY ARE “MONITORING THE PURSUIT” HAS RESPONSIBILITY FOR IT’S MANAGEMENT UNLESS RELIEVED BY A HIGHER RANKING AUTHORITY. ANY BRIGHTON POLICE SUPERVISOR MAY TERMINATE A PURSUIT IF THE RISKS OUTWEIGH THE BENEFITS.

PURSUING UNITS THERE SHOULD ONLY BE A PRIMARY AND SECONDARY UNIT IN DIRECT PURSUIT OF THE SUSPECT VEHICLE. “NO TRAINS”

ASSISTING UNITS “What can you do?” Parallel side streets. Calculate where chase may be heading and attempt to restrict non-involved traffic. Anticipate direction of chase and deploy “spikes” and advise officers involved. Determine locations, if known, where suspect(s) may go and respond. Advise all units and supervisors of potential hazards or RISK VARIABLES.

“TERMINATE” IT MEANS TO CEASE OR STOP THE PURSUIT IMMEDIATELY TURN OFF YOUR EMERGENCY LIGHTS, SLOW YOUR VEHICLE DOWN, AND RETURN TO NORMAL DRIVING.

WHEN TO TERMINATE? When risks outweigh the benefits that may be gained. Your life or the life of another means more than a V&T ticket or a minor offense arrest. The pursued vehicle is only wanted for V&T violations. For any offense not covered by Appendix “A”

WHEN TO TEMINATE? (cont’d) There are mitigating circumstances that allow later apprehension. A direct order by a Supervisor to terminate. An order by another supervisor of another jurisdiction that the pursuit extends to. It is no longer known where the suspect is When radio contact is lost. When officer doesn’t know where they are.

ACKNOWLEDGE THE TERMINATE ORDER Similar to acknowledging a “35” from the dispatch on a routine assignment. “Brighton 772, 10-4, I’m terminating.”

UNACCEPTABLE DO NOT “KEY THE MIKE”. If you’re keying the “mike” then there are only two reasons for it: You are in the “BLACK” zone and you are “white knuckling” the microphone - very dangerous for you, other officers, and the public, or You are doing it intentionally and trying to keep a supervisor from terminating a chase that you probably shouldn’t be involved in.

WHAT IF ANOTHER JURISDICTION COMES INTO BRIGHTON? BRIGHTON POLICE WILL GET INVOLVED ONLY IF IT FITS BRIGHTON POLICE DEPARTMENT POLICY IF IT DOESN’T, WE CAN STILL ASSIST BY PARALLELING, BLOCKING OFF MAIN THOROUGH-FARES, ANTICIPATING ACTION, ETC.

POST PURSUIT REPORT MUST be filled out by a supervisor. ALL officers involved in the pursuit will complete an addendum to document their actions in the chase. DOCUMENT “WHAT YOU DID” What roads you paralleled on Streets you blocked Spikes you utilized Other significant actions

WHAT HAPPENS AFTER A “TERMINATE”? If there are ANY solvability factors that could lead to the apprehension of the individual who fled, Officers are encouraged to follow those leads in order to apprehend the violator and “Make an arrest”. This can be documented on a Crime report to follow-up like any other crime. If there are no solvability factors, then an FIF may be appropriate.