CITY OF ONALASKA POLICE DEPARTMENT

CITY OF ONALASKA POLICE DEPARTMENT Policy: Emergency Vehicle Operations Policy # 12 Pages: 11 Approved by F & P Committee: 11/4/09 Approved by Common Council: 11/10/09 Original Issue Date: 01/15/97 Updates: 04/22/05, 11/10/09 I. PURPOSE The purpose of this document is to establish a comprehensive policy regulating the operation of police department vehicles. II. POLICY It is the policy of the Onalaska Police Department that police vehicles be operated in a safe manner. No task, call or incident justifies an unreasonable disregard for the public's safety. The operation of all department vehicles during routine operation or in emergency mode shall always be with due regard for the safety of all persons. Vehicles used by this department for traffic or criminal law enforcement shall be equipped with emergency warning lights and siren, except when authorized by the shift commander under exceptional circumstances (i.e. surveillance work). Members of this department shall comply with all applicable state and city traffic laws and regulations and the requirements of this policy when operating any departmental vehicle. III. DEFINITIONS Shift commander: The ranking available supervisor on duty. If no supervisor is available or on duty, the primary pursuit vehicle is in command of a pursuit. Emergency Mode: Operation of a police vehicle in response to a report of a serious incident or crime or when in pursuit of an actual or suspected violator of the law. Marked Squad: A department vehicle with: 1) Operational red/blue flashing or rotating lights visible from the front and the rear, 2) An operational siren and 3) Decals on the sides identifying it as a police car. Any other department vehicle is classified as an "unmarked" squad. IV. PROCEDURE A. General Vehicle Use 1. During routine patrol activities, all department vehicles will be operated in accordance with all pertinent laws and ordinances. Reckless, negligent or inappropriate operation is not allowed. Officers shall not abuse or misuse the vehicle or any of its equipment. {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 1

2. All appropriate emergency equipment (flashing lights, siren, shall be used when the squad is being operated in an emergency mode. 3. Other equipment (i.e. spotlight/p.a. system) should be used with officer discretion. 4. Under no circumstance will the police department participate in emergency escorting. In medical emergencies, First Responders will be paged through the 911 Emergency Dispatch Center. a. Wide load vehicles that need escorts will apply to the department for proper permits. The shift commander will then authorize/supervise the move. 5. Marked squads equipped with a light bar with a directional arrow will be used in accordance with statute 347.25(5). The arrow may only be used in the sequential mode if there is sufficient road width that traffic approaching from the rear could safely pass without having to cross the center or centerline of the road. In cases where the squad car is parked in a manner to block the center lane on an undivided two-way road, the arrow should be used in simultaneous flashing mode. The sequential mode can be used in either direction on divided highways. B. Emergency Operation 1. When responding to emergency calls, red/blue-flashing lights and siren are to be used. Refer to Section 346.03 of the Wisconsin Statutes for legal exemptions and guidelines. 2. The exemptions listed under 346.03 do not relieve the officer operating an authorized emergency police vehicle from the duty to drive with due regard under the circumstances for the safety of all persons, nor do they protect such officer from the consequences if they recklessly disregard the safety of others. Section 346.03 (4) discusses the exemptions for exceeding the speed limit without the use of an audio or visual signal. Those exemptions are as follows: a. If the officer is obtaining evidence of a speed violation. b. If the officer is responding to a call which the officer reasonably believes involves a felony in progress and the officer reasonably believes any of the following: i. Knowledge of the officer's presence may endanger the safety of a victim or other person. ii. Knowledge of the officer's presence may cause the suspected violator to evade apprehension. iii. Knowledge of the officer's presence may cause the suspected violator to destroy evidence of a suspected {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 2

3. Considerations felony or may otherwise result in the loss of evidence of a suspected felony. iv. Knowledge of the officer's presence may cause the suspected violator to cease the commission of a suspected felony before the officer obtains sufficient evidence to establish grounds for arrest. a. In all cases, when an officer decides to exercise the exemptions provided under 346.03, they shall consider the following factors: 1. Time of day 2. Volume of vehicular traffic 3. Density of population 4. Weather conditions 5. Roadway conditions 6. Severity of the reported crime 7. Volume of pedestrian traffic 4. Unmarked vehicles are authorized to respond to emergency calls and can be used in routine patrol and traffic situations. C. Pursuit Definition: An active attempt by an on-duty law enforcement officer in an authorized police vehicle to apprehend the occupant(s) of a moving motor vehicle, providing the driver of such vehicle is resisting apprehension by maintaining or increasing their speed or by ignoring the law enforcement officer's attempts to stop them. 1. Evaluating the Circumstances a. In making the initial decision to pursue, and while in pursuit, officers and the Shift commander must continually evaluate the circumstances to determine whether the pursuit presents an unreasonable danger to the public which outweighs the legal interest involved in apprehension. The conditions listed below are among those that must receive consideration. 1. Nature of the offense 2. Fleeing operator's driving ability 3. Weather and road conditions 4. Time of day 5. Density of traffic 6. Density of population 7. Vehicle performance capability 8. Pursuit officer's training and experience b. The responsibility for the decision to pursue, the methods to be employed and the continuation of pursuit rests with the primary pursuit officer until a Shift commander, if on {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 3

duty, provides direction or otherwise assumes responsibility for the situation. All pursuing officers shall discontinue a pursuit if continuing would violate their duty to drive with due regard for the safety of other persons. c. Unless directed by the shift commander or requested by initiating agency no more than two (2) police vehicles (Primary and Secondary) shall be in pursuit of the suspect vehicle at any time. The Primary squad is behind the suspect vehicle and the Secondary squad is behind the Primary squad. This shall include police vehicles from other agencies that pursue a vehicle into this city or join a pursuit initiated by this department that enters another jurisdiction. If two vehicles are in pursuit of the suspect, the focus of the Primary pursuit vehicle is to apprehend the suspect. The focus of the Secondary pursuit vehicle is to call out the pursuit on the radio. d. Police vehicles, other than the two in direct pursuit, may position themselves at strategic locations along the probable pursuit route for response to any emergency that may develop. However, these units shall not be directly involved in the pursuit, unless authorized by a supervisor. 2. When to Pursue a. Officers should be aware that the courts might hold them criminally and civilly responsible for a pursuit conducted in a negligent manner. Therefore, officers must exercise sound judgment and carefully consider the seriousness of the offense, the possible consequences, and the safety of citizens. b. Criminal Felony Situations: Officers should pursue and attempt to stop and apprehend, as expeditiously and safely as possible, any person in a vehicle whom the officer has reasonable cause to believe: 1. Has committed or attempted to commit a felony involving the use or threatened use of deadly force, when a high probability exists that the suspect, if not immediately apprehended, may cause death or great bodily harm, or; 2. If prior to initiating a pursuit, a person is operating a vehicle in a manner that creates a high probability of death or great bodily harm. c. Criminal Misdemeanor Situations: Officers may pursue and attempt to stop and apprehend any person who is eluding apprehension in a vehicle when the officer has reasonable cause to believe the person committed a misdemeanor violation but shall discontinue pursuit when the act of pursuit in itself creates an unreasonable danger of death or great bodily harm to officers, the suspect or uninvolved persons. {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 4

d. Traffic and Ordinance Violations: Officers may pursue and attempt to stop and apprehend any person who is eluding apprehension in a vehicle when the officer has reasonable cause to believe the person committed any traffic or ordinance violation but shall discontinue pursuit when: 1. The act of pursuit in itself creates an unreasonable danger of death or great bodily harm to officers, the suspect or uninvolved person, or; 2. Officers know the identity of, or obtain sufficient information to identify the owner for apprehension at a later time, under Section 346.175 relating to vehicle owner liability. e. Officers shall discontinue a pursuit when any of the following conditions exist: 1. The Shift commander orders termination. 2. The squad itself or any of the emergency equipment becomes disabled. 3. In the opinion of the primary officer, the level of danger created by the pursuit outweighs the necessity of immediate apprehension. 4. The suspect's identity has been established to the point that a later apprehension can be accomplished and there is no longer a need for immediate apprehension. 5. When the distance between the pursuing and fleeing vehicles is such that further pursuit is futile, or when the pursued vehicle s location is unknown. 6. When it is necessary to stop and render aid to injured persons and no other unit is available to do so. 7. When pursuit by vehicle is no longer necessary (i.e. helicopter, etc.) f. Officers shall not engage in vehicle pursuits while there is a citizen occupant in the vehicle, including but not limited to, persons arrested, victims, witnesses, ride-alongs or non-sworn members of the department. 3. Responsibilities a. Officers initiating a pursuit shall immediately notify the 911 Dispatch Center and provide the following information: 1. A pursuit is in progress. 2. The reason for the pursuit. 3. Location and direction of travel. 4. Description of the vehicle and occupants. b. The secondary officer shall remain a safe distance back and be ready to assist the primary unit. They should not attempt to pass the primary unit unless requested to do so as {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 5

necessary due to changing conditions. This does not apply to an unmarked vehicle, which shall relinquish primary and secondary positions as soon as possible. Upon agreement, the secondary car can maintain radio contact with 911, provided they have visual contact, and should relay the following information: 1. Changes in direction. 2. Actions of the suspect. 3. Termination of the pursuit. 4. Accidents which may occur. c. An unmarked unit serving as a primary unit will relinquish the pursuit to a marked unit as soon as possible. An unmarked unit may serve as a secondary unit only if no other marked unit is available to so serve. d. The 911 dispatcher shall be responsible for the following: 1. Coordinate communications during the pursuit. 2. Notification of the Shift commander when initiated. 3. Record all information relevant to the pursuit. 4. Relay order to terminate given by Shift commander. e. An on-duty supervisor will monitor all pursuits that take place. It is understandably difficult to make judgment calls when one is not directly involved in an incident. The supervisor should, however, listen for obvious situations or oversights that would warrant the termination of a pursuit (i.e. IV.C.1. & 2.). If the criteria for termination exists in the supervisor s mind, they shall immediately order termination via the 911 dispatcher. The supervisor may also help coordinate any or all pursuit actions, tactics, or techniques. 4. Pursuits with Other Jurisdictions a. Into Another Jurisdiction: When acting in accordance with the provisions of this policy, officers may engage in "fresh pursuit," as provided in Section 175.40(2) of the Wisconsin Statutes, and pursue vehicles into adjoining jurisdictions. They should be notified by 911 of the pursuit, the reason for it and whether direct assistance is required. b. From Another Jurisdiction: Officers will not become involved in another jurisdiction s pursuit unless specifically requested to do so by the agency involved, other than to deploy the tire deflation device. If another jurisdiction s pursuit enters the city limits of Onalaska and there is not a secondary unit, one Onalaska police unit may enter the pursuit without the other jurisdiction s request. The involvement will then proceed in accordance with this policy. {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 6

c. Into Minnesota: Officers may engage in "Close Pursuit" of fleeing vehicles into Minnesota but only if the following conditions (*) are met: * The occupant(s) have committed a felony offense other than fleeing or the officer has probable cause to believe that a felony has been committed. * The fleeing vehicle presents a clear and immediate threat to the safety of others. * The need for immediate apprehension outweighs the level of danger created by the pursuit. 1. Under Statute 175.46, the Onalaska Police Department has entered into written mutual aid agreements with two (2) agencies in the State of Minnesota for the specific purpose of vehicle pursuits only. They are: * Houston County Sheriff's Department * Winona County Sheriff's Department 2. The officer will request the 911 dispatcher to notify the Shift commander and the jurisdiction that they are about to enter. 3. The two (2) pursuit squads may continue the pursuit according to this policy. The appropriate jurisdiction should be notified as soon as possible that the pursuit will be entering their jurisdiction. The pursuit will be discontinued if the appropriate jurisdiction requests that the pursuit be terminated. Once the proper jurisdiction has joined the pursuit, the Onalaska officer(s) will break off the chase. The primary officer may continue at legal speeds, via dispatch directions, for the purposes of identification and information collection. 4. Officers may continue the pursuit with the new jurisdiction only if requested to do so. 5. Any pursuit which continues beyond either of these two (2) jurisdiction boundaries should be terminated. 6. If a pursuit stops and the occupant(s) are arrested, they must be taken to the county jail in the jurisdiction in which they were arrested and extradition proceedings must then take place. D. INDUCE-TO-STOP OF SUSPECT VEHICLES Induce-to-stop are techniques intended to induce, but not force, fleeing driver to stop. These are techniques that make it more difficult for a driver to flee but not entirely impossible. the 1. Tire Deflation Devices are meant to puncture the fleeing suspect's tires and end the pursuit. Stinger spike systems have been placed in the trunk of each intensive-use squad. All surrounding agencies have been advised that we possess the "Stinger" system and that it may be deployed by our officers if {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 7

their pursuit enters the City of Onalaska. Every officer must be trained in the proper method of deployment prior to actual use. a. Of the three deployment methods, the following method is recommended if the situation permits: (1) Park the squad on the right side of the road with all emergency equipment activated. (2) Place the spike system on the left side of the road. (3) Return to the right side of the road with the spike system pull rope. (4) Utilize the squad for cover until deployment, just prior to suspect approach. b. If deployment is to take place, communication is essential (i.e. location). Officers will notify Dispatch that they will be deploying the Stinger system. c. Any deployment will require a written report consistent with section IV, E. of this policy. a. The "Stinger" system will not be used when the fleeing vehicle is a motorcycle, unless deadly force is justified. 2. Channelization is a technique used to divert a fleeing driver to a preferred location. As with roadblocks with an escape route, the goal is to leave the driver with only one available route to travel by blocking off alternative routs. Sufficient warning and distance needs to be given to give the pursued driver the ability to avoid the blocked off road and choose the preferred route. 3. Moving road blocks (boxing in) may be appropriate at low speeds (30 m.p.h. or less). The suspect vehicle is surrounded by police units, at least 3, and the police units will gradually slow bringing the suspect vehicle to a gradual stop. Caution should be exercised as this is a high risk maneuver and could result in a crash. 4. Roadblock (with an escape route) is a roadblock that does not completely block the road or allows for an alternative escape route. The intent of this technique is to provide a show of force to convince the suspect that escape is impossible and induce them to stop and give up. Guidelines for the use of roadblock with escape route are as follows: a. The roadblock should be set up on a straight, level stretch of roadway with adequate sight distance to give the suspect time to stop. b. If possible, other traffic should be diverted away from the location {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 8

c. Emergency lights must be activated and visible, to warn the suspect or other vehicles of the roadblock in time to stop. d. The road can be blocked with squads (emergency lights on), traffic cones, flares and/or other highly visible barricades. i. No privately owned vehicles will be used. e. The escape route should be obvious f. Officers will not remain in their squad if used as a roadblock E. FORCIBLE STOPS OF SUSPECT VEHICLES 1. Force-to-Stop Techniques are meant to present the fleeing driver with only two (2) possible courses of action: 1) stop and surrender, or 2) crash. The use of such a technique is an application of deadly force. They also have increased potential for causing property damage, injury and death to those directly or indirectly involved. The justification for use of deadly force is: Behavior that has caused or imminently threatens to cause death or great bodily harm to the officer or another person(s). To meet the criteria of "imminent threat," the person must have: b. INTENT The displayed or indicated intent to cause great bodily harm or death to you or another person(s); c. WEAPON A weapon capable of inflicting great bodily harm or death (conventional or unconventional weapon); d. DELIVERY SYSTEM The delivery system for the utilization of that weapon. That is, the capacity for utilization of a weapon. The use of any such technique during a pursuit situation must be considered as a last resort, to be used only when other alternatives have either been tried and proven ineffective or would clearly be inappropriate to stop the fleeing vehicle. If an officer uses any force-to-stop technique, they must be able to justify and articulate that decision both verbally and in writing. a. Road Blocks (with no escape route): This technique involves a complete blockage of vehicular movement. Traffic control and communications are important. In addition: 1. No privately owned vehicles will be used. 2. The technique should be done on an open, straight, level stretch of roadway, if possible. 3. All emergency equipment will be turned on. 4. The patrol vehicles will be unoccupied. b. Ramming: The application of this technique involves deliberate contact between two moving vehicles. Property {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 9

damage and injuries are very possible outcomes. The contact is meant to disable and prevent further operation of the fleeing vehicle. d. Firearms: The use of firearms as a force-to-stop technique may be warranted, if deadly force is justified. The utmost caution should be used if this technique is chosen. e. Officers should contact the Shift commander prior to implementation of a force-to-stop technique, if possible. The use of a force-to-stop technique without the approval and supervision of a Shift commander will involve an exceptional circumstance. F. VEHICLE INSPECTION 1. If any use of force technique is used, appropriate follow-through actions must be taken (see Use of Force policy section V.E. & F.). 1. As soon as feasible upon the conclusion of any pursuit that officers are involved in, the officer will return to the police department and do a complete check of their squad. a. Document any damage that might have occurred by filling out a Property Damage Incident Report. b. Note in your incident report regarding the chase that all emergency lights and siren, etc., were in proper working order. G. DOCUMENTATION/CRITIQUE 1. Documentation: Following a pursuit situation, a detailed report will be completed. The report should include information and details of the following: a. Who, what, where, when, why and how. b. Factors that went into the decision to initiate, continue and terminate the pursuit. c. All key details regarding the pursuit. 1. Time 2. Location(s) 3. Identification(s) (including dispatcher) 4. Conditions 5. Actions of suspects/officers 6. Results of the pursuit 7. Consequences of the pursuit 8. Witnesses (including other officers) d. Any actions taken to forcibly stop the fleeing vehicle, with articulation for the use of force. {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 10

V. DISCLAIMER 2. Critique: Following a pursuit situation, the Chief and/or Assistant Chief will conduct a formal review of the entire incident with the Shift commander. The Shift commander will conduct a critique of the incident with: 1) all officers involved in the pursuit and 2) the DAAT/Firearms/EVOC trainers, if necessary. 3. State Pursuit Form: The supervisor monitoring a pursuit or the officer s supervisor will complete the Wisconsin Law Enforcement Pursuit Report and forward it to the Chief. 4. Accidents: In the event of an accident with any department vehicle, the following course of action should be taken: a. Perform needed duties (i.e. aide the injured, protect the scene, etc.), if able to do so. b. Notify the Shift commander. c. Have another agency complete the MVD report. d. Complete a detailed written report of the event. A. This policy is for internal use only and does not enlarge an officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy may form the basis for departmental administrative action, but it is not intended for use in courts of civil or criminal jurisdiction. 1. If an officer is involved in any accident, force-to-stop technique or pursuit situation, they may be placed on administrative leave until an internal investigation can be completed. Jeffrey S. Trotnic Chief of Police Date {01368658.DOC}Last Updated: 8/29/2011 Emergency Vehicle Operations Page 11