TYPE OF DIRECTIVE LINE PROCEDURE SUBJECT VEHICULAR PURSUITS REFERENCE G-1, Code of Virginia 46.2-817, 46.2-920 NUMBER LP-08-09 EFFECTIVE DATE 06/03/09 RESCINDS LP-08-08 POLICY The authority of a law enforcement officer to engage in vehicular pursuits stems from the duty to apprehend law violators. When officers engage in emergency response/vehicular pursuits utilizing emergency lights and siren, they shall do so in accordance with existing statutes and this Directive. DEFINITION Vehicle Pursuit - An active attempt by a law enforcement officer operating an emergency vehicle while displaying flashing, blinking or alternating emergency lights and sounding an intermittent siren, in an attempt to apprehend one or more occupants of a moving vehicle; provided the driver of such pursued vehicle does so in a willful or wanton disregard of such signal so as to interfere with or endanger the operation of the law enforcement vehicle or endanger other property or a person, or who increases his speed and attempts to escape or elude such law-enforcement officer. PROCEDURE I. INITIATING AND PARTICIPATION IN A PURSUIT A. Only two vehicles shall engage in a pursuit at any one time unless a field supervisor determines, in his sole discretion, that more units are necessary. In addition, the field supervisor may actively participate in the pursuit if he determines, in his sole discretion, that he is in close proximity to the pursuit. B. No vehicles other than those assigned shall become involved as trail units or perform any other active function unless approved by a field supervisor. 1. There shall be no paralleling of the pursuit route unless the pursuit passes through a unit's assigned area. The paralleling unit shall drive in a manner consistent with a Code 2 response. 2. Units in the general vicinity of the pursuit should be in position and available to assist if requested by a supervisor. 3. Due to the dynamic and unpredictable nature of circumstances created by vehicle pursuits, these restrictions shall also apply to MAYDAY situations that develop during such pursuit. C. If a police motorcycle unit initiates a pursuit, the officer shall maintain visible contact with the vehicle being pursued, if possible and safe, until such time as a patrol car is able to take up the pursuit. At that point, the motorcycle officer shall terminate his participation in the pursuit and follow the route to its end in a manner consistent with a Code 2 response.
D. Division patrol wagons, vans, pick-ups, bomb truck, or sport utility vehicles shall not initiate nor participate in a vehicular pursuit. E. Any unmarked or marked police vehicle, not listed in I.D. above, that is utilizing emergency lights and an emergency siren, will be allowed to initiate a pursuit. 1. Any officer operating an unmarked vehicle that initiates or is participating in a pursuit shall notify Communications that he is in an unmarked vehicle. 2. Unmarked vehicles may continue to participate in the pursuit until a marked police vehicle is in position to take over the pursuit. 3. At that point, the officer in the marked police vehicle will inform Communications that he is in position to take over for the unmarked vehicle as either the primary or secondary officer. 4. The officer in the unmarked vehicle shall then acknowledge to Communications that he is terminating his participation in the pursuit. 5. Due to the management and decision-making role of a supervisor who may be operating an unmarked vehicle, his continued participation in a pursuit is not subject to the restrictions outlined in I.E. 1-4, of this Directive. F. No police officer accompanied by a non-division member shall engage in a vehicular pursuit unless a DOP-006A (Ride Along Waiver Form) has been signed and is on file with the Division. II. RADIO PROCEDURES A. Upon initiating a pursuit, officers will notify Communications of: 1. The fact that a pursuit has been initiated and the police unit number; 2. The location and direction of travel; 3. The reason for the pursuit; 4. The description of the vehicle being pursued; 5. The number of occupants, if known; 6. Any other pertinent information. B. As soon as possible after the initiation of the pursuit, the pursuing officer should provide Communications with as much of the following information as is reasonable under the circumstances: 1. Road, traffic, and weather conditions; Page 2 of 7
2. Incidents such as traffic crashes occurring during the pursuit; 3. Description of the suspect(s) actions. C. Upon receiving the above information, Communications will announce the pursuit over applicable Talk Groups. The communications supervisor may elect to simulcast the pursuit over more than one Talk Group - depending upon the situation. 1. Example: "Car 261 is in pursuit south on Parham Road at Three Chopt Road. All units involved use PD West-- Radio is 10-7." 2. All radio traffic will be conducted on the Talk Group used by the initiating officer or the Uniform Operations supervisor, unless certain system requirements necessitate a change. 3. If a pursuit is initiated by a unit other than a patrol unit, the initiating unit shall switch to the appropriate Talk Group as directed by Communications. D. The officer in the best position to assist shall do so, advising Communications that he is assisting. The Communications will then announce, "Car -- and car -- are in pursuit." If more than one officer indicates that he is in the best position, the initiating officer shall determine which unit shall be the secondary officer. E. The Communications shall assign the units to the pursuit, and it will no longer be necessary for the Communications Officers to repeat transmissions unless requested. F. The Uniform Operations supervisor will immediately acknowledge that he is aware of the pursuit. G. The Communications shall immediately attempt to contact the Aerial Unit to determine if an aircraft is in position to follow the pursuit. The Aerial Unit shall assist the pursuing ground unit, advising of upcoming hazards, and broadcasting any information that could help locate the pursued vehicle if it is not within the sight of the pursuing officer. H. A canine officer shall be contacted and directed toward the pursuit (Code 2) in case any of the occupants of the pursued vehicle flee on foot. I. If the pursuit seems to be heading towards another jurisdiction that is an Emergency Communications System member: 1. Communications will assess the availability of the region-wide pursuit channel (RPC). 2. A Communications Officer shall contact the appropriate jurisdiction(s) as well as the Virginia State Police by telephone, providing them with information relative to the pursuit. Page 3 of 7
3. Protocol for use of the RPC is located in Directive G-01C (Region-Wide Radio Use). III. PURSUIT APPROACHING A SCHOOL BUS Any officer when engaged in a vehicular pursuit, who approaches a school bus that is stopped or about to stop for the purpose of picking up or discharging students, shall: A. Bring the police vehicle to a complete stop before reaching the school bus, B. Not proceed until the school bus driver has signaled the police officer that it is safe to do so, C. Check to ensure that no students are about to cross or are in a position that would endanger them should the emergency vehicle proceed. IV. TERMINATING A PURSUIT A. A pursuit shall be terminated whenever the initiating officer or a field supervisor determines that the risk to the officer's safety or to the safety of others outweighs the danger to the community if the suspect is not apprehended. B. A Communications Supervisor may terminate a pursuit if information has been received of a physical hazard in the roadway in the direction the pursuit is headed. C. In cases involving misdemeanor or traffic violations, a pursuit shall be terminated if: 1. The police officer loses sight of the pursued vehicle 2. The driver of the pursued vehicle can be positively identified. In this case, the officer shall obtain a warrant for the pertinent offenses, however in no case shall the pursuit be terminated if such termination would place the safety of the public in jeopardy. D. The pursuit shall be terminated when the violator s location is no longer known or the distance between the violator s vehicle and the police vehicle is so great that apprehension is unlikely. E. The pursuit shall be terminated if the pursuing officer is being required to drive at speeds considered to be excessive for environmental or roadway conditions, or in a manner which exceeds the performance capabilities of the police vehicle or the capabilities of the police vehicle operator. V. FORCIBLE STOPPING A. Roadblocks Page 4 of 7
1. The use of roadblocks is considered deadly force and shall be governed by the guidelines in G-71 (Use of Force). No roadblock shall be deployed without supervisory approval. 2. All uses of roadblocks will be investigated by the Internal Affairs Unit. B. Deliberate Contact 1. Deliberate contact may be used when an officer reasonably believes there is an imminent danger of serious injury or death due to a wanton disregard for life displayed by the offender. 2. Deliberate contact is considered deadly force and shall be governed by the guidelines in G-71 (Use of Force). Only those officers trained in the use of deliberate contact may do so. 3. Supervisory authorization should be obtained prior to its use when circumstances allow. 4. All uses of deliberate contact will be investigated by the Internal Affairs Unit. C. Tire Deflation Devices 1. Stinger a) Only those officers trained in the use of the Stinger may deploy the device to stop a pursued vehicle. The use of the Stinger shall be in accordance with the training provided by the Division of Police. b) The Stinger shall not be used in curves, on bridges, in heavy traffic, or in areas with pedestrian traffic. c) The Stinger shall not be used to stop motorcycles, buses carrying passengers, or vehicles known to be carrying hazardous materials. d) The officer deploying the Stinger is responsible for notifying other units of the deployment location. e) The Stinger may also be used to prevent or avoid pursuits before they begin. Examples include road checks and blocking escape routes that may be used by a potential fleeing subject. It is the responsibility of the deploying officer to ensure that other law enforcement personnel and citizens are prevented from contacting the Stinger. f) Any officer who deploys the Stinger shall complete the tire deflation device section of the DOP-202 (Police Vehicle Pursuit Report). Page 5 of 7
2. Stinger Rat Trap VEHICULAR PURSUITS LP-08-09 a) The Stinger Rat Trap is a compact pocket sized unit that can be quickly placed under a stationary tire of an unoccupied vehicle, quickly deflating the tire. b) Its use will be of a proactive nature to disable a vehicle to minimize the potential for vehicular pursuit. c) More than one of the traps may be necessary, dependent on the projected movement of the target vehicle. d) Only those officers trained in the use of the Stinger Rat Trap may deploy the device. The use of the Stinger Rat Trap shall be in accordance with the training provided by the Division of Police. e) The officer deploying the Stinger Rat Trap is responsible for notifying other units of the deployment location. f) Under no circumstances should a Stinger Rat Trap be used on a moving or occupied vehicle. g) If a pursuit is initiated subsequent to section V. C. 2. f) above, the tire deflation section of the DOP-202(Police Vehicle Pursuit Report) shall be completed. If the Stinger Rat Trap causes tire deflation on a vehicle and no pursuit is initiated, the officer shall complete an ICR documenting the circumstances. VI. USE OF A FIREARM IN A VEHICULAR PURSUIT Officers engaged in a pursuit shall not discharge a firearm from or at a moving vehicle except to prevent imminent death or serious injury where use of deadly force would be justified. VII. INTER-JURISDICTIONAL VEHICULAR PURSUITS A. When a pursuit travels from Henrico County into an adjacent jurisdiction; 1. The primary unit may continue Code 2 when two marked police units from another jurisdiction engage in the pursuit. 2. The secondary officer shall terminate his participation in the pursuit when two marked police units from another jurisdiction engage in the pursuit. 3. Upon specific request from the jurisdiction with the primary responsibility for the pursuit, the Division of Police shall provide whatever lawful assistance is requested. Page 6 of 7
B. Once the pursuit travels into a jurisdiction that is not adjacent to Henrico County, Henrico units will terminate the Code 3 response when two marked units from another jurisdiction engage in the pursuit. C. When a pursuit travels from another jurisdiction into Henrico County, Communications shall assign a primary and a back-up unit as outlined in Section II. B. A field supervisor will immediately acknowledge he is aware of the pursuit. Communications will immediately try to determine the reason for the pursuit from the appropriate jurisdiction and broadcast that information to Division units. VIII. PURSUIT FOLLOW-UP A. Any officer(s) who assumes the role as primary officer in a pursuit shall complete and submit a DOP-202 prior to the end of their tour of duty. B. The field supervisor who acknowledged the pursuit by radio shall review the DOP-202 and forward it through the Chain-Of-Command to the appropriate operational commander for review and subsequent forwarding to the Division s Grant Coordinator. C. The Assistant Chief, Special Operations shall have the responsibility for ensuring completion of a statistical analysis of the pursuit data which shall be interpreted by the Written Communications Specialist for inclusion in the Division s Annual Pursuit Report. CONCLUSION The decision to initiate a pursuit is a difficult one. The decision to terminate a pursuit is even more difficult. Professional judgement and common sense are the determining factors. It shall be noted that a police officer can be held civilly liable for damages and injuries that occur during a pursuit. The primary test for liability is the safe and reasonable manner in which the pursuit was undertaken (Code of Virginia 46.2-920). By Order of: Colonel H. W. Stanley, Jr. Chief of Police Page 7 of 7