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HomeMy WebLinkAbout1998-002 [' 10 11 12 13 14 15 16 17 18 19 26 27 28 12-15159-305 RESOLUTION NO. 98-2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE POLICE 2 DEPARTMENT'S REVISED PURSUIT POLICY, STANDARD OPERATING PROCEDURE CHAPTER #36, PROCEDURE #3 IN ACCORDANCE WITH CVC 17004.7, PUBLIC 3 AGENCY IMMUNITY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 The Mayor and Common Council of the City of San Bernardino have reviewed and adopted the Police Department's amended pursuit 7 policy, SOP Chapter #36, Procedure #3, "Vehicular Pursuits" in 8 accordance with CVC 17004.7, "Public Agency Immunity". 9 The Council has reviewed the policy and agrees that it complies with CVC 17004.7 (c) in that the policy provides for supervisory control, a procedure for designating a primary pursuit vehicle, and for determining the total number of vehicles to be permitted to participate in the pursuit. The policy provides procedures for coordinating operations with other jurisdictions and provides guidelines for determining when the interest of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated. T 98-2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE POLICE DEPARTMENT'S REVISED PURSUIT POLICY, STANDARD OPERATING PROCEDURE CHAPTER #36, PROCEDURE #3 IN ACCORDANCE WITH CVC 17004.7, PUBLIC 2 AGENCY IMMUNITY. 10 11 12 13 14 15 16 17 18 19 20 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of joint adjourned at a regular meeting thereof, held on 5 Bernardino 6 7 12th day of January , 1998, by the following vote, to wit: COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT 8 x NEGRETE 9 CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x C-JJ.cA../~ City Clerk The foregoing resolution is hereby approved this /3/1. of January , 1998. 51 fflr:~ 'J7J./tj~, NORINE MILLER , MAYOR PRO TEM 21 Approved as to form and legal content: 22 JAMES F. PENMAN 23 City Attorney 24 25 26 27 28 12-15159-305 San the day 98.-2 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS REVISED 11-20-97 ****************************************************************** PURPOSE: Specific procedures for department personnel involved in any vehicular pursuits. POLICY: A. The essence of a successful pursuit violator. It is unwise to take needless dangerous activity. It is far better arrest or abandon the pursuit rather anyone needlessly, including the police is to apprehend the chances in an already to either delay the than injure or kill officer. B. It is our policy to apprehend all persons who are attempting to evade arrest. However, it must be remembered that the anticipated results must be worth the risk. Therefore, the pursuing officer is not to consider that he/she must continue a pursuit at all costs. C. The instructions in this SOP are meant primarily for high speed pursuits. At greatly reduced speeds, it is possible that good judgment would allow for deviations from these procedures. INITIATING, CONTINUING, AND TERMINATING A PURSUIT: A. The following factors whether any pursuit terminated. should be considered when determining should be initiated, continued, or 1. The seriousness of the originating crime and its relationship to community safety; 2. Safety of the public in the area of the pursuit; 3. Safety of the pursuing officer(s); 4. Volume of vehicular traffic; 5. Volume of pedestrian traffic; 6. Location of pursuit; 7. Speeds involved; 8. Time of day; 9. Weather conditions; . 9'8-2 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 2 ***************************************************************** 10. Road conditions; 11. Familiarity of the officer and supervisor or watch commander with the area of pursuit; 12. Quality of radio communications between pursuing unit(s) and the dispatcher and supervisor; and 13. The capability of the police vehicles involved. B. Once a pursuit is initiated, officers, field supervisors, and watch commanders should continually question whether the seriousness of the offense justifies continuing the pursuit. PURSUING UNITS: A. A police unit equipped with continuously. shall not be engaged in a pursuit unless a red light and siren, activated and operating B. In all pursuits, only two units and a supervisor shall be involved in the pursuit at any time. The watch commander or field supervisor may approve additional units if necessary. The lead unit will be considered the primary unit. In the event the primary unit cannot continue, the secondary unit shall become the primary unit. Paralleling a pursuit is not permitted unless approved by the watch commander or field supervisor. This is not meant to discourage units from taking positions along or near the pursuit route to relay information. C. When a plain unit or motorcycle has initiated a pursuit, it shall be relieved when the first marked unit can practically assume the pursuit. D. Officers in all other units should remain alert to the pursuit's progress and location, and unless cleared by a supervisor, shall not become involved in the incident. E. Non-sworn personnel shall not, at any time, drive any City vehicle involved in a pursuit. PURSUIT RADIO PROCEDURE: A. The pursuing officer(s) shall remain on Channel One unless directed otherwise. "8-2 . STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 3 ***************************************************************** B. During the pursuit, the suspect vehicle requires the absolute attention of the lead or primary unit. Whenever possible, the unit behind the lead unit shall "call the pursuit" as outlined under the officer's responsibilities, allowing the lead unit to give full attention to the suspect vehicle. All units in the pursuit shall monitor the radio for messages directed to them. Radios shall be turned up and strict compliance shall be made with orders given. The use of automatic yelp of the siren is discouraged as the high pitch has a tendency to drown out any incoming message. 1. Once the pursued vehicle is observed and followed by the helicopter, pursuing units shall remain in a Code 3 operation, decreasing speed; however, remaining close enough to effect an arrest at the termination of the pursuit. The aircraft is responsible for coordinating the ground units. PURSUING OFFICER'S RESPONSIBILITY: A. The initiating pursuit unit shall indicate: 1. The known law violation or reason for the pursuit. 2. Description of the fleeing vehicle and suspects. 3. Location and direction of travel as changes take place. 4. Any other information which is necessary to ensure effective pursuit tactics. 5. Report known or probable wants on the fleeing vehicle and/or occupants. a. If a license number is relayed, the dispatcher shall determine registration/criminal want information and relay same to pursuing officers as soon as practical. COMMUNICATIONS RESPONSIBILITY: A. Inform other field units, a field supervisor, the watch commander, and helicopter when a pursuit is initiated. B. Shall relay to monitoring units: 1. Clear the air for emergency traffic, 10-3 98-2 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 4 ***************************************************************** 2. The direction of travel. 3. Street traveled upon. 4. The last intersection passed. 5. Any changes in direction of travel. 6. The reason for the pursuit. 7. A complete description of the vehicle being pursued and the number of occupants. 8. A registration check on the pursued vehicle license (if available) . C. Notify affected agencies and specify if assistance is or is not requested for the pursuit unit. D. Provide back-up units as requested. SUPERVISORY RESPONSIBILITY: A. Upon being notified of the pursuit, the field supervisor will assure himself of the following: 1. No more units than required or necessary are involved. 2. Available equipment is utilized. 3. Affected agencies are notified. 4. The field sergeant (watch commander in the absence of a field sergeant) is responsible for the pursuit activities as outlined and has the authority to cancel a pursuit at any time it becomes necessary. 5. A supervisor shall proceed to the pursuit termination point to provide guidance and necessary supervision. 6. The supervisor (s) invol ved shall provide a report in writing to division commander; a critique and analysis of the pursuit. The supervisor shall complete a Highway Patrol Pursuit Report (CHP 187) and submit the report to the Traffic Bureau. 98.-2 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 5 ***************************************************************** B. The watch commander will list on the Chief's Inspection all pursuits identifying the reason or justification for pursuit, length of the pursuit, officers involved, coordinating field supervisor. Log the and 1. The watch commander shall ensure that the supervising officer monitoring the pursuit shall complete and submit a CHP 187 pursuit report form to the Traffic Unit for distribution and filing. 2 . The watch supervisor, reports and commander shall ensure that the field and involved personnel submit the proper memorandums to the division commander. C. The di visional commander shall conduct an administrative review of the pursuit to ensure that the pursuit was conducted in compliance with departmental policies and California laws. A. A. PURSUITS INTO OTHER JURISDICTIONS: - PURSUITS INTO SAN BERNARDINO BY OTHER JURISDICTIONS: ~~ PURSUIT TACTICS: A. During a pursuit the involved officers should continually evaluate the status of the pursuit and should continually question whether the seriousness of the violation warrants the continuation of the pursuit. 98-2 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 6 ***************************************************************** 1. At either the officer's or supervisor's discretion, the pursuit may be terminated at any time. B. The unit behind the suspect vehicle shall never be passed by another unit unless the lead unit approves the maneuver. C. All units while in pursuit, whether the vehicle in front of the unit is a police vehicle or the suspect vehicle, shall space themselves at a distance to ensure proper braking and reaction time in the event the lead vehicle slows, stops, or makes any other moves. D. Employing lawful intervention when involved in pursuits: 1. Officers shall refrain from employing intervention tactics when involved in a misdemeanor violation pursuit. a. During pursuits, the preservation of human life, especially innocent citizens from imminent great bodily harm or death, shall be a primary motivating factor. b. Officers shall not discharge a firearm at or from a moving vehicle except as the ultimate measure of self defense or defense of another when the suspect is using deadly force by means other than the vehicle. c. Barricading a roadway must be considered as a force likely to result in death. Officers shall not barricade a roadway to apprehend a suspect. "Rolling" roadblocks are also prohibited, unless specifically approved or requested by a supervisor. 2. Intervention techniques may be employed only when all other reasonable options have been exhausted and when a felony is involved. 3. A field supervisor or watch commander must first approve such action and will designate which of the units involved will perform the intervention. a. It will become the designated officer's decision as to when and where to conduct the intervention. b. All other units involved should be warned prior to implementing the intervention and they should 98-2 . STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 7 ***************************************************************** adjust their driving tactics Officers should not attempt to vehicle traveling over 35 mph. appropriately. intervene with a 4. It is important for the officers and supervisors involved to remember that lawful intervention equates to that amount of force which may cause injury and/or death, and careful consideration should be given prior to implementing intervention. E. Officers not assigned shall not respond, loiter, or drive by the termination site of any pursuit. 1. Upon the termination of the pursuit, the station commander or sergeant shall assign units that are to remain outside the city limits of San Bernardino if the termination is in another jurisdiction and their presence or assistance is requested. F. Lawful intervention reporting: 1. Per Section 2.1.32 of the collision manual, lawful intervention is not a reportable traffic collision. 2. For reporting purposes, a collision investigation will be conducted on all interventions where a police unit was used to intervene with the suspect vehicle. The face page of the investigation should be marked as "In House Only" . ID shall be called to the scene for photographs. If the action results in injury or death, the traffic investigator and Risk Management will be notified. * Risk Management will be notified for 'damage only' accidents also. VEHICLES INVOLVED IN PURSUITS: A. If bottomed-out during a pursuit, routinely deadline the vehicle at City Yards for inspection for possible damage, notify supervisor and leave necessary documentation. B. If vehicle does not suffer damage, still leave a vehicle repair slip indicating vehicle was involved in pursuit, so that preventative maintenance by City Yards may be scheduled. 98-2 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 8 ***************************************************************** FORCED VEHICLE STOPS (LEGAL INTERVENTION) A. The decision to attempt a forcible stop shall be based on careful consideration of all facts apparent to the officer. B. A forcible stop of a pursued vehicle may be undertaken only under the following circumstances: 1. When the officer has reason to believe that the continued movement of the pursued vehicle would place others in imminent danger of great bodily harm or death AND 2. When the apparent risk of harm to a person or persons other than the occupant of the pursued vehicle is so great as to outweigh the apparent risk of harm involved in making the forcible stop AND 3. After all other reasonable means of apprehension have been considered and rejected as impractical such as continue to follow, call for support, call for other department and/or allied agency assistance. C. An occupied privately-owned vehicle shall not be used to forcibly stop another vehicle. D. The following tactics may be used to stop a pursued vehicle. The selection of the best method in each circumstance should be preceded by an evaluation of all factors surrounding the individual event. The method used should offer the greatest probability of success with the least likelihood of injury to the general public, the officer, and the suspect. 1. Channelization Officers may deliberately direct a vehicle into a given path or location (i. e., unpaved roadway, dead-end road, etc.) by using stationary objects (pylons, barricades, vehicles) placed in the current path of the pursued vehicle. 2. Rollinq Roadblocks - Officers may elect to use rolling roadblocks with the concurrence of a supervisor. The use of rolling roadblocks must be weighed against the potential risks presented by continuing the pursuit. 3. Ramminq - Officers, as a last resort, may elect to use a deliberate collision between a patrol vehicle and the pursued vehicle to terminate a pursuit. Use of a vehicle not equipped with a push bumper is discouraged. A 98-2 . STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 9 ***************************************************************** supervisor's permission should be obtained prior to the ramming. The guidelines below shall be followed: a. Motorcycles: 1) Officers shall not ram motorcycles or similar vehicles except: a) When necessary in defense of the officer's life or life of another or b) During assault vehicle the with or actual commission a deadly weapon of with an a c) When necessary to prevent the escape of a person whom the officer reasonably believes has committed a felony through the use or threatened use of deadly force or d) When necessary to apprehend a person who has committed an assault with a deadly weapon with a vehicle which the officer reasonably believes has resulted in serious injury or death. b. Vehicles other than motorcycles 1) To assure an officer is not left in a vulnerable position, consideration should be given to the final resting place of the patrol car and its proximity to the violator's vehicle prior to ramming. 2) Ramming should not occur when the pursued vehicle is traveling in excess of 35 mph. 4 . Boxinq In - The use of boxing in as a technique for terminating pursuits is discouraged. Under ordinary circumstances, the potential hazard outweighs the chance for a successful stop of a violator and therefore should only be used at slow speeds or where 'the obvious risks can be eliminated or appreciably reduced. 9.3-2 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS (REVISED) PAGE 10 ***************************************************************** 5. Use of Firearms - Officers may use firearms only as a last resort and shall be governed by Department Policy, Chapter 37 regarding use of weapons. E. A supervisor complete an commander. shall evaluate all interoffice memo to forced vehicle stops and the appropriate division .98-2 APPENoIX A' SAN BERNARDINO COUNTY MEMORANDUM OF UNDERSTANDING for INTER-AGENCY VEHICLE PURSUITS L PURPOSE This memorandum of understanding is intended to facilitate the effective management of multiple jurisdictional vehicle pursuits. IT. OBJECTIVES To reduce the danger of pursuits while still reasonably assuring that fleeing suspects are apprehended. ill. AGREEMENT A. Initiating, Continuing, Supervising and Terminating Pursuits 1. Pursuits should be initiated, continued, supervised or terminated in accordance with individual agency policies. \ B. Pursuits into Allied Agency Jurisdictions 1. When a pursuit extends into an allied agency's jurisdiction, the pursuing agency's supervisor-in-charge should ensure that the allied agency is notified and determine if the other agency should be requested to become involved in, or assume supervision of, the pursuit. The following should be considered: a. The type or extent of assistance required; b. The pursuing agency's policy regarding pursuits into other jurisdictions. 2. When the allied agency becomes involved in a pursuit, the allied agency should clearly communicate that it is becoming involved in the pursuit, and it should clearly communicate the extent to which it has become involved in the pursuit. This information should be communicated to the units who have been involved in the pursuit, as well as their supervisor. - - a. Units from the agency relinquishing the pursuit will terminate their active involvement when: 98-2 SOBN Co. Pursuit MOV Effective 10-9-97 page 2 of 9 1. They are required to do so by their agency's policy; or 2. Sufficient units from the assuming agency join the pursuit; or 3. They are requested to do so by the agency assuming the pursuit. b. It is recognized that allied agency personnel may be assigned to a pursuit-related activity that does not involve becoming directly involved in the pursuit itself. Examples may be the controlling of an intersection while a pursuit passes through or the blocking of freeway on- ramps or exits. These are limited assignments generally undertaken for the protection of innocent persons and are not intended to authorize personnel to become further involved in pursuit-related activities. Once such a limited assignment has been performed, the involvement of the personnel performing that assignment is terminated unless there is an emergency situation requiring further action. \ C. Responsibilities of Initiating Agency After Relinquishing Pursuit 1. The officer initiating the pursuit should, if practical, proceed to the termination point at a reduced and legal speed so as to provide information which may be required for the arrest. 2. The agency having or witnessing the most serious crime should take or retain custody of the violator and coordinate all prosecution. 3. Once transfer of pursuit activities or supervision has occurred, the previous agency should not re-enter a pursuit unless a request to do so has been made by the agency then-in-charge, or ":. an emergency condition so dictates. D. Joining Pursuits by Allied Agencies 1. The mere notification by another agency of a pursuit in-progress shall not be construed as a request to assist in the pursuit. 2. Units of allied agencies should not join a pursuit unless specifically requested by the agency whose officers are in pursuit and they have been assigned to become involved by their own . 98-2 SOBN Co. Pursuit MOD Effective 10-9-97 page 3 of 9 supervisor. However, this does not necessarily mean that supervision of the pursuit itself has been shifted. There should be a separately communicated request and acceptance to transfer supervision of the pursuit itself. 3. Requests for assistance should be reviewed and approved by a supervising officer from the agency from whom assistance is sought, if available. The decision to assist will be made in accordance with that agency's own pursuit policy. . "Eo Supervisory Responsibilities 1. When it is likely that a pursuit will cross jurisdictional boundaries, the supervisor-in-charge of the pursuit should ensure that notification is made to the appropriate allied agency. 2. A supervisor from the agency who is in charge of the pursuit when it terminates should proceed to the termination point, if at all practical, to provide supervision and on-the-scene coordination with allied agency personnel who may be present. 3. A supervisor or officer from the agency in whose jurisdiction the pursuit originates should proceed to the termination point, if at all practical. \ 4. The supervisor from the agency in charge of the pursuit when it terminates should determine each agency's responsibility for transporting, booking, and prosecution of the suspect in accordance with this memorandum of understanding. The supervisor should attempt to obtain relevant information from appropriate personnel from allied agencies. F. Communications During a Pursuit 1. Communications personnel from the agency initiating a pursuit should notify allied agencies of any pursuit which appears likely":. to enter other jurisdictions and should ~ecity if assistance is or is not requested by the pursuing units and/or supervisor. 2. Radio Channels a. At the beginning of a multi-jurisdictional pursuit, the initiating agency's communications personnel should notify the San Bernardino County Sheriffs Department (SBSD) communications center of the pursuit and request 9"8-2 SOBN Co. Pursuit MOU Effective 10-9-97 page 4 of 9 that they assume communications responsibility for the pursuit once it leaves the initiating agency's jurisdiction. b. Once SBSD communications personnel have assumed radio responsibility for the pursuit, they should maintain such responsibility until the end of the pursuit, regardless of whether the pursued vehicle re-enters the initiating agency's jurisdiction or another jurisdiction. c. Whenever a pursuit becomes a multi-jurisdictional pursuit, the officers involved in the pursuit should switch to one of the county-wide pursuit channels listed in the below table: Area of Coverage Old Talk Group New Talk Group Victor Valley l-ATAC-l lCHASE Barstow 2-ATAC-l 2CHASE Lucerne Valley 3-ATAC-l 3CHASE (mid-desert) Morongo Basin 4-ATAC-l 4CHASE Colorado River 5-ATAC-l 5CHASE , West Valley 6-ATAC-l 6CHASE (Fontana west) East Valley 7-ATAC-l 7CHASE (Rialto east) Colton 8-ATAC-l 8CHASE Mountains 8-ATAC-l 8CHASE ATAC-2 (1-8) have been designated as secondary pursuit talk groups and will be used for multiple pursuits occurring simultaneously. d. Should additional mutual aid frequencies be required, the SBSD's Valley Control Center Supervisor or the San Bernardino County 800. Project Coordinator may designate-:'- an alternative pursuit frequency. e. It is recognized that, in most areas of the County, the California Highway Patrol (CHP) will not have the ability to switch to the frequencies set forth in this subsection. Therefore, communications will necessarily have to take place and be coordinated by the communications centers who are involved in pursuit activities. Supervisors and officers involved in pursuit activities should recognize that this may create a delay in communications. .98-2 . SDBN Co. Pursuit MOU Effective 10-9-97 page 5 of 9 f. If SBSD communications personnel are unable to assume dispatch responsibilities for the pursuit, the initiating agency's dispatch personnel should maintain control of the pursuit until its conclusion. g. Should a pursuit leave the Valley broadcast area and enter the "High Desert" (Le. Victorville, Apple Valley, etc.), SBSD valley Communications should coordinate radio responsibilities with SBSD High Desert Communications personnel. The opposite will occur when a pursuit leaves the "High Desert" and enters the "Valley" area. h. In the event of radio failures, radios should be switched to "CLEMARS DIRECT." This will ensure inter-agency and car-to-car communications. L Officers involved in multi-jurisdictional pursuits should attempt to use "clear text" in their radio transmissions, as opposed to agency-specific codes or jargon, to avoid miscommunications between officers, supervisors, and communications personnel from different agencies. G. Use of Law Enforcement Aircraft 1. When available, a helicopter or fixed wing airplane should be used to minimize the hazards inherent in pursuits. The aircraft should assist pursuing ground units by advising of the pursued vehicle's direction of travel, potential traffic hazards, possible cut-off routes, and/or other logistical information. It is recognized that some agencies have policies governing the use of aircraft in pursuits, and it is anticipated that such aircraft will act in accordance with its own governing policy. 2. Sole coordination and/or supervision of the pursuit should not be relinquished to aircraft personnel unless the primary pursuit _ unit, or a supervisor, directs that this action be taken. In these instances, the decision to do so should be made with section IIIG3 of this policy in mind. 3. Aircraft assisting in a pursuit cannot be designated as the "primary pursuit vehicle" because it is not defined as a "vehicle" under the California Vehicle Code. Therefore, the exemptions outlined under CVC 17004.7(c) (4) may not apply if the aircraft were designated as the "primary unit." '98-2 . . . SDBN Co. Pursuit MOV Effective 10-9-97 page 6 of 9 H. Pursuit Termination Tactics 1. It is recognized that agencies may have different definitions for tactics that may be used to terminate a pursuit. It is also recognized that not all agency policies will authorize all such tactics. 2. Use of Pursuit Termination Tactics in Multi-jurisdictional Pursuits a. When officers from the agency-in-charge of the pursuit intend to employ pursuit termination tactics as defined by that agency's policies, in a multi-jurisdictional pursuit, they should inform the other then-involved agencies of their intentions to do so. . When communicating such an intent, it is best to indicate what tactic will be used, as well as when, where, how and who will use the tactic. L Duties and Responsibilities at the Conclusion of a Pursuit 1. When the pursued suspect vehicle Stops, or is stopped, officers should attempt to utilize accepted "high risk vehicle stop" procedures in taking the suspect into custody. When officers from different agencies are involved in the arrest, they should make every effort to communicate their intentions to each other during the stop in order to avoid placing themselves in unsafe positions. , 2. At the conclusion of the pursuit, the supervisor-in-charge should proceed to its termination point to provide guidance and supervision consistent with that agency's policies. 3. Officers involved in a pursuit that terminates in another jurisdiction should remain at the scene until released by the on- scene supervisor from the agency in charge of the pursuit when it terminates. - - J. Post-Pursuit Procedures 1. At the conclusion of a multi-jurisdictional pursuit, the supervisor-in-charge of the pursuit at the time of termination should attempt to organize an assessment of the pursuit, in cooperation with the supervisor(s)-in-charge of the pursuit from the other involved agencies. This assessment should include an evaluation of the following factors: 98-2 soaN Co. Pursuit MOV Effective 10-9-97 page 7 of 9 a. Adherence to the San Bernardino County Memorandum of Understanding for Inter-Agency Vehicle Pursuits; b. Employment of sound tactics; c. Identification of training needs; and d. Modifications and/or changes to the Memorandum of Understanding for Inter-Agency Vehicle Pursuits. 2. Multi-jurisdictional pursuit assessments should only address the need for amendments or changes to the "memorandum of understanding for inter-agency vehicle pursuits" and should not serve as a basis to critique the judgments and/or actions of personnel from another agency or the policy(ies) of another agency. .' 3. To avoid jeopardizing prosecution of pursuit-related crimes, there should be an agreement between supervisors from the involved agencies on which agency shall handle media advisaIs and/ or inquiries and the nature and extent of the information to be released. K. Freeway Pursuits '. 1. Whenever a pursuit enters onto one of the freeways located within the County, and it appears that the suspect is likely to remain on the freeway for an extended period of time, the agency then-in-charge of the pursuit may request the assistance of the California Highway Patrol (CHP) in assuming control of the pursuit. When CHP units assume control of the pursuit, the local agency then-in-charge of the pursuit shall relinquish control to the CHP. IV. Deviation from Departmental Policy In those instances where a conflict arises between a department's pursuit policy and the memorandum of understanding for vehicle pursuits, the department's policy will take precedence. . - - V. Review of the County-wide Memorandum of Understanding The standing committee on the inter-agency pursuit MOU of the San Bernardino County Law Enforcement Administrators' Association shall periodically review the MOD and rnake recommendations concerning updating or changes as necessary to association members. This memorandum of understanding shall be reviewed at least once annually. I 98-2 . SDBN Co. Pursuit MOU Effective 10-9-97 page 8 of 9 Signed and placed into effect on October 9, 1997 by the following San Bernardino County Law Enforcement Agency Representatives: // ....~.~ .;;/~ Chiet Lee Dean San Bernardino Police ( Marshall Keith Bushey San Bernardino County Marsha's Department .. ~~_.. Adelanto Police Department /-::e~ ~.~ Acting Chief Thomas Mathison Chino Police Department cEk;S2z - - Chief Lewis Nelson Redlands Police Department Sheriff ry Penrod San Bernardino County Sheriff's Department ~p2C/~/ (Y /e2!- Chief Samuel Scott Fontana Police Department Chief Lloyd Scharf Ontario Police Depar "')8-2 . SDBN Co. Pursuit MOU Effective 10-9-97 page 9 of 9 Signed and placed into effect on October 9, 1997 by the following San Bernardino County Law Enforcement Agency Representatives (cont): '///~I'L Chief Lowell Stark Rialto Police Department QgMAh~ ~ District Attorney Dennis Stout San Bernardino County District Attorney's Office ~ ~ ,~ Chief Martin Thouvenell .> ~ . Chief Probation Officer Ray Wingerd San Bernardino County Probation Department '. Upland Police Department - -