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Emergency Vehicle Operation Control Pursuits A Training Guide For Law Enforcement Officers 2007 Patrol Procedures 1

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Emergency Vehicle Operation Control Pursuits A Training Guide For Law Enforcement Officers 2007 Patrol Procedures 1 Powered By Docstoc
					          Emergency
            Vehicle
       Operation & Control
           (Pursuits)
         A Training Guide For
       Law Enforcement Officers




2007          Patrol Procedures   1
                      Acknowledgements
    The Training and Standards Bureau, Wisconsin Department of Justice gratefully
   acknowledges the dedication of the Patrol Procedure Advisory Committee, which
   revised the content of earlier manuals and developed new content for the present
                     guide. The current Committee members are:

Designated Representatives and Practitioners              Emeritus (non-voting) Members
Jeff Pettis, Sheriff’s Representative
Tom Winscher, Chief’s Representative                      Colleen Belongea, Green Bay Police Department
Clark Pagel, Wisconsin Technical College System           Jon Gutzman, Fond du Lac Police Department
                                                          Tim Hufschmid, Fox Valley Metro Police Department
Darrell Hill, Wisconsin State Patrol
                                                          Ed Janke, Brown County Sheriff’s Office
Craig Henry, Milwaukee Police Department                  Bernie Kocher, Plover Police Department
Chance Bamba, Milwaukee Police Department                 David Mattheisen, Marshfield Police Department
Carol Curfman, Milwaukee County Sheriff’s Office          Wayne Misener, North Central Technical College
Sherri Strand, Madison Police Department                  Mike Murray, Langlade County Sheriff's Office
                                                          Jay Iding, Pewaukee Police Department
Stephanie Pederson, Training and Standards Bureau
                                                          Patricia A. Robinson, Training and Standards
Monica Barman, Sun Prairie Police Department              Mark Kelsey, Hayward Police Department
Bruce Buchholtz, Platteville Police Department            Robert Miller, Bayfield County Sheriff’s Office
Steven D. Hausner, Burlington Police Department
Robert Lawrence, La Crosse Police Department
Richard Nichols, Lafayette County Sheriff’s Office
Deanna Reilly, Madison Police Department
Tom Witczak, Fox Valley Technical College

 2007                                        Patrol Procedures                                          2
          Incident Response
•   Report
•   Evaluate
•   Stabilize
•   Preserve
•   Organize
•   Normalize
•   Document/Debrief

2007              Patrol Procedures   3
       Disturbance Resolution
 • Approach Considerations

 • Intervention Options

 • Follow-Through Considerations



2007              Patrol Procedures   4
INTERVENTION OPTIONS FOR EMERGENCY VEHICLE OPERATION

Mode           Tactic(s)                            Purpose
Presence       Authorized Emergency Vehicle         To present a visible
                                                    display of authority
Dialogue       Emergency lights
               Siren                                To persuade
               Communication with dispatch
               Approach contact
Control        Multiple units
Alternatives   Tire deflation devices               To overcome passive or
               Barricades                           active resistance, or
               Channelization                       their threats
               Non-Approach Contact
Protective     Pursuit Intervention Technique       To overcome continued
Alternatives   Moving Roadblock (boxing-In)         resistance, assaultive
               Roadblock (with escape route)         behavior, or their threats
               High-risk contact
Deadly Force   Ramming
               Roadblock (no escape route)          To stop an imminent
               Shooting from a moving vehicle       threat
               High-risk contact with shots fired
2007                                                                          5
        What Is A Pursuit?
       An active attempt by a law enforcement
         officer, on-duty in an authorized law
       enforcement vehicle to apprehend one
        or more occupants of a moving motor
         vehicle, providing the driver of such
         vehicle is aware of the attempt and is
        resisting apprehension by maintaining
          or increasing his or her speed or by
       ignoring the law enforcement officer’s
               attempt to stop him or her.
2007                Patrol Procedures             6
                     Key Points
   • The pursuing officer is on duty in an
     authorized law enforcement vehicle, making
     him or her recognizable as a law enforcement
     officer;
   • The driver of the fleeing vehicle is aware of
     the officer’s attempt to stop him or her;
   • The driver is resisting apprehension;
   • Vehicle speed may vary.
2007                                                 7
       Pursuits: Legal Issues

 • Department policies and procedures

 • Statutes

 • Legal/liability considerations



2007               Patrol Procedures    8
         Important Statutes

• § 346.04 (2t) Misdemeanor Eluding

• § 346.04(3) Attempting to Elude

• § 346.072   Passing Stopped EV

• § 346.175   Owner’s Liability for Fleeing

• § 346.195   Owner’s Liability for FTY-EV


2007                Patrol Procedures         9
         Important Statutes

  • § 175.40 Arrests; Assistance

  • § 175.46 Mutual Aid Agreement

  • § 66.0313 Law Enforcement; Mutual
    Assistance


2007               Patrol Procedures    10
            Sacramento v. Lewis
On May 22, 1990, at approximately 8:30pm, a Sacramento Co. Deputy,
along with another officer, responded to a call to break up a fight. Upon
returning to their squads, a motorcycle approached at a high rate of
speed. It was operated by Brian Willard (age 18) and carried Philip
Lewis (age 16). Neither boy had anything to do with the fight.
One of the officers turned on his overhead lights and yelled to the boys
to stop. Instead of pulling over, Willard slowly maneuvered the cycle
between the two police vehicles and sped off. The other officer turned
on his emergency lights and siren, and began pursuit at a high rate of
speed. For 75 seconds over a course of 1.3 miles in a residential
neighborhood, the cycle wove in and out of oncoming traffic, forcing
two cars and a bicycle to swerve off of the road. Speeds reached up to
100 miles an hour.
The pursuit ended after the cycle tipped over as Willard tried a sharp left
turn. The officer slammed on his brakes. The squad struck and killed
Lewis. Willard was not struck by the squad.
2007                                                                       11
  Estate of Cavanaugh v. Andrade

Late in the evening Officer Andrade observed a vehicle speed through a
   solid red traffic signal. When Andrade attempted to stop the vehicle a
   pursuit ensued. The subject’s vehicle continued at a high rate of
   speed and went through another red light before colliding with
   Cavanaugh’s vehicle, killing Cavanaugh.

Andrade was approximately a block away in pursuit when the fatal
  collision occurred. Cavanaugh’s estate sued the City and Andrade as
  well as the subject.




2007                          Patrol Procedures                         12
Federal vs. Wisconsin Standard
• The Federal Standard is more permissive –
  police have to engage in behavior that
  shocks the conscience to trigger liability.

• The Wisconsin Standard permits police
  liability when an officer breaches his or her
  duty of due regard – a negligence standard.


2007                Patrol Procedures           13
What factors do the courts
 consider when deciding if a
 pursuit is reasonable?




2007         Patrol Procedures   14
    Reasonableness Standards
           (CONSIDERED BY THE COURT)

•   Purpose of the pursuit.
•   What does your pursuit policy say?
•   Driving conditions.
•   Use of warning devices.
•   Speed encountered.
•   Disobey traffic laws.
•   Roadblocks.
•   Use of force.
•   Continuation of the pursuit.
                                         15
            Pursuit Policies
         § 346.03(6) Wis. Stats.
Every law enforcement agency that uses authorized
  emergency vehicles shall provide written
  guidelines for its officers and employees regarding
  exceeding speed limits under the circumstances
  specified in sub. (4) and when otherwise in pursuit
  of actual or suspected violators. The guidelines
  shall consider, among other factors, road
  conditions, density of population, severity of
  crime and necessity of pursuit by vehicle…

2007                                               16
          Wisconsin Act 88
                  (§ 165.85(4)(cm)2.)


• Create a law enforcement pursuit standards
  council.
• Report all police pursuits over the past 12
  months (by 8/15 of the following year).
• Complete a minimum of four hours pursuit
  training every two years.
• Establish model standards.
• Review written guidelines (even # years).
• Increase penalty for attempting to elude.
                                                17
       Different Types Of Policies!
  • Judgmental

  • Restrictive

  • Deterrent or Prohibitive

  • Law Enforcement: Mutual Assistance

2007              Patrol Procedures      18
           Policy Purpose And Goals
       •   Enforce the law
       •   To Serve and Protect
       •   To Reduce Liability
       •   Continuity in Training
       •   Safety for Officers and the Public
       •   Uniformity
       •   Reduce Damage and Incidents

2007                      Patrol Procedures     19
 A Good Policy Should Always Be:

   • As specific as possible
   • Kept simple
   • Relevant to the job or task
   • Enforceable
   • Realistic
   • Within the boundary of the law

2007                Patrol Procedures   20
 A Good Policy Should Always Be:
       • Periodically updated and evaluated
       • Fluid, adaptive, and easy to change
       • Establishing a chain of command
       • Supervised
       • Measurable
       • Implemented

2007                   Patrol Procedures       21
               Policy Issues
   • Emergency Escorts
   • Discharge a firearms at a motor vehicle
   • Blood Run
   • Specific or Maximum Speeds
   • Maximum Distances


2007                Patrol Procedures          22
       Conducting the Pursuit

 • Decision Making

 • Initiating the Pursuit

 • Continuing the Pursuit

 • Terminating the Pursuit


2007                Patrol Procedures   23
       Conducting The Pursuit
                 Decision Making

  • The nature of the offense.
  • Your capabilities and limitations as a driver.
  • Your vehicle’s capabilities and limitations.
  • Weather, roadway, and traffic conditions.
  • Likelihood of apprehending the driver without
    pursuit.
  • Department policies and
    procedures.

2007                  Patrol Procedures              24
                    Decision Points of Pursuit Driving

       DECISIONS            LEGAL             OPERATIONAL ETHICAL
       INITIATE
       CONTINUE
       TERMINATE

                                   INITIATION OF PURSUIT

       Legal: Do I have legal authority?

             Does State Law or Department Policy allow me to initiate a pursuit for this
              particular fact base? (Is the conduct a crime, violation, warrant or just
              suspicious?) Officers are bound by these restrictions whether they agree
              with them or not.
             "Offenses and suspicions may be classified depending upon their
                                               he
              immediate threat to the public. T level of continuing threat must be
              considered when deciding to initiate a pursuit…"

       Operational: Decisions to be addressed before initiation of pursuit.

                                                 -
              Radio communications: dispatch & backup
             Site selection for stop
                                           nt.
              Activation of emergency equipme

       Ethical: Decisions to be based on knowledge, not perception

             Not every eluder is a violent criminal.
             The information must be real and not imagined.
             Is there a legal mandate to pursue?
             How are ethical decisions on pursuits made?
             Am I along for the rideor waiting for it to end?
             Am I managing the pursuit?
             Can I positively affect this situation/pursuit through the use of tactics?
             Pursuits are not a personal challenge DO NOT let it become guided by
2007          egos. Pursuits must be approached with a professional att    itude.           25
          Due Regard Factors
• True or apparent emergency?
• Pursuit negligently undertaken?
• Pursuit negligently conducted or continued?
• Other officers readily available to terminate the
  pursuit?
• Department policy?
• Time of day conducive to a reasonable pursuit?

2007                   Patrol Procedures              26
       Pursuit Risk Assessment

       Students will consider the risk factors for minor traffic violators, suspected
       intoxicating or reckless drivers, fleeing armed suspects, and fleeing non -violent
       felons.
       Scale used will be 1- 10:
              1=least risk to the public
              10=greatest risk to the public



                            Suspect/Violator                                    10
              R
              I
              S
              K

              F
              A
              C
              T
              O
              R
              S
                                                                               1


                            Pursuit                                            10
              R
              I
              S
              K

              F
              A
              C
              T
              O
              R
              S
                                                                               1


2007                                  Patrol Procedures
       Adapted from "Pursuit Seminar for Law Enforcement Driver Trainers", NHTSA/ALERT 2002
                                                                                              27
 Pursuit vs. Catch Up or Take-Off
• Take-Off:
  – Initial movement from a stationary position.
  – Example: Clock someone speeding from a stationary position and
    you “take-off” to conduct a vehicle contact.

• Catch Up:
  – Closing the distance between you and a vehicle.
  – Example: Once you “take-off” to conduct a vehicle contact, you
    may have to “catch up” to the vehicle before initiating a vehicle
    contact – this time period of catching up is NOT considered a
    pursuit.

• Pursuit:
  - When a suspect attempts to “flee” or “elude” the police.
  - Example: If after you “catch up” to someone you clocked speeding
    and you signal them to stop and then they try to flee or elude your
    attempt to stop them this would be considered a pursuit
                                                                        28
     Conducting The Pursuit
            Initiating The Pursuit


• Activate your emergency lights and siren.

• Notify dispatch.

       • Continue to evaluate your decision to
                                      pursue.

                     Patrol Procedures        29
       Conducting The Pursuit
           Continuing The Pursuit

• Continually update dispatch.

• Scan.

                                      • Breathe

• Talk
2007              Patrol Procedures          30
       Conducting The Pursuit
           Terminating The Pursuit

• When the risks outweigh the benefits.
• When ordered to do so by a supervisor.
• When the suspect has been identified.
• When the suspect’s location is no longer
  known.
• When the suspect’s vehicle is so far ahead
  that apprehension seems unlikely.
2007              Patrol Procedures            31
       Conducting The Pursuit
           Terminating The Pursuit

• When your vehicle or equipment
  malfunctions or fails.
• When you believe continuation would
  unreasonably endanger others.
• When you need to stop to render aid to
  an injured person, and no other unit is
  available to provide aid.

2007               Patrol Procedures        32
   Terminating Procedure
               Proper Steps
• Communicate your intent to terminate the
  pursuit.
• Reduce your speed to the speed limit.
• Turn off your emergency equipment.
• Confirm termination with dispatch and notify
  them of your location.
• Pull over and stop for a brief period.
• Drive in the direction of the
  fleeing suspect.
                                            33
            Pursuit Driving
• Drive effectively.
• Communicate with other
  officers assisting you.
• Manage the conclusion of
  the pursuit.
• Document and Debrief.


2007               Patrol Procedures   34
           Drive Effectively
• Use good driving techniques.

• Maintain distance.

• Maintain a position of advantage.

• Anticipate the suspect’s actions.

2007               Patrol Procedures   35
       Communicate With Other
        Officers Assisting You
• Part of the responsibility of the primary
  officer is to communicate with other
  officers responding to assist in the pursuit.




2007                Patrol Procedures             36
        Communicating With
          Other Officers
•   Assisting Officers May, if asked:
•   Take over as the primary officer.
•   Take over communications.
•   Aid injured persons.
•   Block cross streets/ramps.
•   Assist in a high-risk contact.

2007                Patrol Procedures   38
       Manage The Conclusion
          Of The Pursuit
• The suspect will choose to stop.

• The suspect will be induced to stop.

• The suspect will be forced to stop.

• The suspect will crash.

2007               Patrol Procedures     39
       Document The Pursuit

• The reason for the pursuit.
• Your basis to initiate, continue and
  terminate the pursuit.
• A detailed description of the pursuit.
• Actions taken to induce or force to stop.
• How the pursuit concluded.

2007               Patrol Procedures          40
        Document The Pursuit
• Description of suspect(s) and vehicle.

• Physical evidence collected.

• Actions of assisting officers and other
  responding personnel.

• Follow-through procedures.


 2007                Patrol Procedures      41
2007   Patrol Procedures   42
2007   Patrol Procedures   43
2007   Patrol Procedures   44
2007   Patrol Procedures   45
                                   WISCONSIN LAW ENFORCEMENT PURSUIT REPORT
                                                         Wisconsin Department of Transportation
                                                        SP4533   11/2005 s.85.07(8) Wis. Stats.




       Section 1: REQUIRED pursuit information

          Law Enforcement Agency Name                                                                Agency Chem Test Number


          Pursuit Date            Pursuit Start – Military Time      Pursuit Initiated in            Pursuit Distance         Maximum Speed
                                                                                            County                 Miles                    MPH


          Reason Pursuit Initiated                                                  Outcome of Pursuit
          Check One                                                                 Check One
              Warrant/Wanted                                                            Apprehended
                Criminal Offense                                                            Eluded
                Traffic Offense                                                             Terminated - Agency decision
                Other




       Section 2: Complete this section only if property damage, great bodily injury or death occurred

                                                                  NUMBER OF INJURIES                          NUMBER OF DEATHS

          Violator’s Vehicle
          Law Enforcement Vehicle(s)
          Third Party - Not involved in pursuit



          Total Property Damage– Estimated
          $




                                                     ng
       Section 3: Complete this section only if reporti “No Involvement” in pursuits in the prior year

          NO PURSUITS TO REPORT
          Law Enforcement Agency Name                                          Agency Chem Test Number                  Calendar Year Reported
2007                                                                                                                                              46
                                  o
       Submitting this report of “N pursuits” during a given year meets the intent of the law.
          Pursuit Reporting
       *January 01 through December 31
           Report All Police Pursuits

          *Wisconsin Has 613 Law
           Enforcement Agencies
          Responsible For Reporting

         *Reporting Is Maintained By
          The Wisconsin State Patrol
2007               Patrol Procedures     47
        Debrief The Pursuit

• Informal debriefing.

• Formal debriefing.

• Critical incident stress debriefing.


2007               Patrol Procedures     48
       Options to Stop


         Induce-to-Stop



         Force-to-Stop



2007        Patrol Procedures   49
INTERVENTION OPTIONS FOR EMERGENCY VEHICLE OPERATION

Mode           Tactic(s)                            Purpose
Presence       Authorized Emergency Vehicle         To present a visible
                                                    display of authority
Dialogue       Emergency lights
               Siren                                To persuade
               Communication with dispatch
               Approach contact
Control        Multiple units
Alternatives   Tire deflation devices               To overcome passive
               Barricades                           or active resistance,
               Channelization                       or their threats
                Non-Approach Contact
Protective     Pursuit Intervention Technique       To overcome continued
Alternatives   Moving Roadblock (boxing-In)         resistance, assaultive
               Roadblock (with escape route)         behavior, or their threats
               High-risk contact
Deadly Force   Ramming
               Roadblock (no escape route)           To stop an imminent
               Shooting from a moving vehicle        threat
               High-risk contact with shots fired
2007                                                                         50
               INDUCE-TO-STOP
• The purpose of induce-to-stop techniques is to
  convince the fleeing driver to stop, rather than
  to force him or her to stop.
   –    Tire-deflation devices.
   –    Channelization.
   –    Moving roadblock (Boxing-in)
   –    Roadblock (with escape route).
   –    Pursuit Intervention Technique (P.I.T.).


 2007                        Patrol Procedures     51
             Options To Stop
                  Induce-to-Stop

       • Tire-Deflation Devices




2007                Patrol Procedures   52
             Options To Stop
                 Induce-to-Stop
       • Channelization




2007               Patrol Procedures   53
           Options To Stop
               Induce-to- Stop

       • Moving Roadblock (Boxing-In)




2007             Patrol Procedures      54
           Options To Stop
               Induce-to-Stop
       • Roadblock (with escape route)




2007              Patrol Procedures      55
       July 26, 2005




2007      Patrol Procedures   56
Tire Deflation Device Deployed




2007        Patrol Procedures   57
       Suspect Hit Squad Instead




2007             Patrol Procedures   58
                Options To Stop
                     Induce-to-Stop

       • Pursuit Intervention Techniques (P.I.T.)




2007                   Patrol Procedures            59
           FORCE-TO-STOP
• The purpose of the force-to-stop technique is
to present the fleeing subject with only two
possible courses of action: to surrender or
crash.
       – Roadblock (no escape route)
       – Ramming




2007                 Patrol Procedures      60
           Options To Stop
                 Force-to-Stop
       • Roadblock (no escape route)




2007               Patrol Procedures   61
           Options To Stop
               Force-to-Stop

       • Ramming




2007               Patrol Procedures   62
        Results Of A Pursuit
• The suspect stops.

• The suspect vehicle gets away.

• The suspect vehicle crashes.

• The police vehicle crashes.

2007               Patrol Procedures   63
    Important Factors
      In A Pursuit
• Your Safety
• Safety For The General Public
• Safety For The Fleeing Suspect/Passengers
  This means you should emphasize:
• Operating your vehicle safely and
  controlling your emotions.
• Apprehension of the fleeing suspect should
  be secondary.
                                               64
       The court says you have the
         right to pursue, but…..

         What is the danger to the public
                from the pursuit
                      versus
       the need for immediate apprehension?



2007                 Patrol Procedures        65
        When the hazards of the pursuit
       exceed the hazards of the violation,
        you should terminate the pursuit.


         What exactly does this mean?




2007                 Patrol Procedures        66
       Other Considerations for
           Options To Stop
• Should not be attempted without a careful and
  deliberate analysis of all pertinent factors involved
  in the situation.
• There must be clear, legal and moral justification.
• Privately owned vehicles should not be utilized for
  induce-to-stop or force-to-stop techniques unless
  specifically provided for in your department
  policy.

2007                   Patrol Procedures              67
       Other Considerations for
           Options To Stop
  • Remember the importance of good
    communications during the pursuit by
    letting fellow officers know your intent.
  • What types of stops does your department allow?
  • Under what circumstances are they allowed?
  • Is supervisory approval required before you
    attempt an induce to stop or force to stop
    technique.
2007                  Patrol Procedures           68
               Just Because….
       …you are using your emergency lights and
       siren, (and)

       The law requires pedestrians and other
       motorists to give you the right-of-way….



2007                   Patrol Procedures          69
   …Doesn’t Mean That They Will

  • They may not have seen your emergency
    lights!

  • They may not have heard your siren!

  • They may not have seen you!


2007               Patrol Procedures        70
  QUESTIONS
      ?
2007   Patrol Procedures   71

				
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