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HomeMy WebLinkAbout1992-452 . '. 1 2 '!"., RESOLUTION NO. 92-452 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE POLICE DEPARTMENT'S PURSUIT POLICY, SOP CHAPTER #36, PROCEDURE 4 #3, IN ACCORDANCE WITH CVC 17004.7, PUBLIC AGENCY IMMUNITY. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: The Mayor and Common Council of the City of San Bernardino has reviewed and adopted the Police Department's Pursuit Policy, SOP Chapter #36, Procedure #3, "Vehicular Pursuits" in accordance with CVC 17004.7 "Public Agency Immuni ty" . 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held of the 7th day of December 1992, by the following vote, to wit: IIIII IIIII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 The foregoing resolution is hereby approved this '1~) , -- ----- :, '~.' " RESO.ADOPTING POLICE DEPARTMENT'S PURSUIT POLICY Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x /j . ~ 'ii"l' I. . ':~./1...-lJ:.__ 1.... A..,.,<,,---/'-rc ci y Clerk 15 day of~ ~C:'5~-"~<,,~ ~"- , 1992. 16 17 18 Approved as to 19 form and legal content: 20 JAMES F. PENMAN, City Attorney 21 22 23 24 25 26 27 28 RP:pg[SBPD-POLICY.RES] STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEDURE #3 VEHICULAR PURSUITS REVISED 11-18-92 ****************************************************************** PURPOSE: Specific procedures for department personnel involved in any vehicular pursuits. POLICY: A. The essence of a successful pursuit is to apprehend the violator. It is unwise to take needless chances in an already dangerous activity. It is far better to either delay the arrest or abandon the pursuit rather than injure or kill anyone needlessly, including the police 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. WHEN PURSUITS MAY BE INITIATED: Pursuits may be initiated when an officer has reasonable cause to stop a vehicle and the driver fails to stop as required by law. WHEN TO DISCONTINUE A PURSUIT: Officers should consider discontinuing a pursuit when it poses a serious and unreasonable risk of harm to the pursuing officer or to the public, balanced against the seriousness of the violations. PURSUIT UNITS: A. A police unit shall not be engaged in a pursuit unless equipped with a red light and siren, activated and operating continuously. 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. Paralleling a pursuit is not permitted unless approved by the watch commander or field supervisor. This is not meant to STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEOORE #3 VEHICULAR PURSUITS (REVISED) PAGE 2 ******************************************************************* 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. During the pursuit, the pursuing officer(s) shall remain on Channel One unless directed otherwise. 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 affect an arrest at the termination of the pursuit. 2. The aircraft becomes the pursuing unit and 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. STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEI:xJRE #3 VEHICULAR PURSUITS (REVISED) PAGE 3 ******************************************************************* 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 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. STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEI:URE #3 VEHICULAR PURSUITS (REVISED) PAGE 4 ******************************************************************* 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 the pursuit supervision. shall proceed to the termination point of to provide guidance and the necessary 6. The supervisor(s) involved shall provide a report verbally or in writing to division commander, critiquing and analyzing the pursuit. PURSUITS INTO OTHER JURISDICTIONS: A. Should the decision be made to continue the pursuit out of the City of San Bernardino, the affected jurisdiction shall be notified without delay. They will be advised of the location, direction of travel and the cause or violation of law of the pursued vehicle. Their assistance may be requested to have a marked unit intercept and assume calling the pursuit from the secondary position. B. If the pursuit is assumed by another agency, the initiating officer will drop out of the pursuit; however, will proceed to the termination point to provide information which may be required for the arrest. PURSUITS INTO SAN BERNARDINO BY OTHER JURISDICTIONS: A. San Bernardino Police officers unless specifically requested jurisdiction and approved by the shall not join the pursuit to do so by the pursuing watch commander or sergeant. STANDARD OPERATING PROCEDURE CHAPTER #36 m::x::ErXJRE #3 VEHICULAR PURSUITS (REVISED) PAGE 5 ******************************************************************* 1. San Bernardino Police officers will not join a pursuit on the freeways crossing San Bernardino by another jurisdiction. Officers may be assigned to stand by in the area of off-ramps, should the suspect vehicle enter surface streets. Stand by on on-ramps shall not occur. 2. When a pursuit leaves the city, the San Bernardino officers will terminate their involvement unless directed otherwise. 3. When approval is given to assist another agency in the pursuit, San Bernardino officers shall not "take over" or become the primary unit of the pursuit, unless the pursuing agency is incapable of continuing the pursuit. The San Bernardino officer's responsibility is to "call the pursuit" and aid in coordination where possible. 4. No San Bernardino police unit shall join in any pursuit for any reason when there are three (3) or more police units already in the pursuit unless there is supervisory approval. 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. 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. STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEOORE #3 VEHICULAR PURSUITS (REVISED) PAGE 6 ******************************************************************* 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. At that point it officer's decision the intervention. will become the designated as to when and where to conduct b. All other units involved should be warned prior to implementing the intervention and they should adjust their driving tactics appropriately. Officers should not attempt to intervene with a vehicle traveling over 35 mph. 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 STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEIXJRE #3 VEHICULAR PURSUITS (REVISED) PAGE 7 ******************************************************************* 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. , STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEIXJRE #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 STANDARD OPERATING PROCEDURE CHAPTER # 3 6 PROCEI:xJRE #3 VEHICULAR PURSUITS (REVISED) PAGE 9 ******************************************************************* not equipped with a push bumper is discouraged. A 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. STANDARD OPERATING PROCEDURE CHAPTER #36 PROCEIlJRE #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 shall evaluate all forced vehicle stops and complete an interoffice memo to the appropriate division commander.