NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT GENERAL ORDERS MANUAL SUBJECT GO 31 Vehicle Pursuits William F. Looper, Chief of Police EFFECTIVE DATE August 3, 2015 REVISION DATE July 30, 2015 PAGES 1 of 11 AUTHORITY/RELATED REFERENCES Florida State Statutes, Chapter 316 Florida State Statutes, Chapter 901 Standard Operating Procedure 37, Traffic Stops Standard Operating Procedure 38, Traffic Crash Investigation Standard Operating Procedure 39, Traffic Direction and Control Standard Operating Procedure 40, Traffic Law Enforcement ACCREDITATION REFERENCES CFA Chapters 17 and 24 KEY WORD INDEX Communications Center Responsibilities ......................................... Procedure III Deciding Whether to Initiate a Pursuit................................................ Procedure I Procedures for Conducting Vehicle Pursuits .................................... Procedure II Prohibited Devices and Techniques................................................... Procedure V Pursuit Initiated by Other Agency....................................................... Procedure VIII Review ................................................................................................... Procedure X Supervisory Responsibilities .............................................................. Procedure IV Termination of Vehicle Pursuit ........................................................... Procedure VII Traffic Regulations During Pursuit ..................................................... Procedure VI Vehicle Pursuit Report ......................................................................... Procedure IX PROCEDURE STATEMENT The purpose of this order is to establish a procedure for regulating vehicle pursuits involving the Northwest Florida State College Police Department. Due to (1) the extreme danger that vehicle pursuits may pose toward life and property, (2) the small geographical areas encompassed by Northwest Florida State College property, (3) the high density of students and other persons in those compact areas and (4) the NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT likelihood that a fleeing vehicle will immediately be off-campus and in an adjacent jurisdiction, vehicle pursuits by NWFSCPD officers shall be intentionally restrictive. DEFINITIONS DHSMV: Florida Department of Highway Safety and Motor Vehicles. Emergency Signal Devices: The siren and emergency lights which meet the requirements of Florida Statutes regarding police vehicles. Forcible Stop Technique (FST): The introduction of direct force into the vehicle pursuit with the goal to either coerce or compel the conclusion of evasive action. Precision Intervention Technique (PIT): The FST of using an authorized emergency vehicle to physically force a fleeing vehicle from its course of travel in order to stop it. Primary Pursuit Unit: The marked police unit initiating a vehicle pursuit. Ramming: The FST of impacting a suspect vehicle with an authorized emergency vehicle with force likely to cause great bodily harm or death. Roadblock: The FST of strategically positioning authorized emergency vehicles on a roadway with the intent of completely stopping the flow of vehicle traffic to aid in the apprehension of a suspect. Secondary Pursuit Unit: The marked police unit which trails the primary pursuit unit at a safe distance, and which is immediately available to assume radio communications for the primary unit, assist if the fleeing vehicle is stopped, and to assume the primary role if authorized. Supervisory Approval: Permission granted by a sworn supervisor to an officer to continue a vehicle pursuit. (Permission to do so may be withdrawn at any time and the pursuit terminated by any sworn supervisor). Support Unit: Officer(s) in an authorized emergency vehicle, not active in the pursuit, but close enough to readily assist pursuit officers if needed. Vehicle Pursuit: An active attempt by an officer in an authorized emergency vehicle to apprehend the occupant(s) of a moving vehicle, provided that the driver of such vehicle is aware of the attempt, increases speed, takes other evasive actions, or refuses to stop in an attempt to avoid apprehension. (Following a driver a very short distance who is believed to be proceeding to a safer or more public area and cautiously speeding up to overtake an unaware driver to conduct a traffic stop are not considered pursuits). PROCEDURES GENERAL ORDER 31-2 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT I. DECIDING WHETHER TO INITIATE A PURSUIT A. The decision to initiate a vehicle pursuit rests with the individual officer but may be canceled or terminated by a sworn supervisor at any time. 1. Officers shall not initiate vehicle pursuits for misdemeanor crimes, civil and traffic infractions, or local ordinance violations. B. An officer may only initiate a vehicle pursuit upon the reasonable belief the driver or an occupant of the pursued vehicle has committed a felony involving violence to the officer or another person. 1. Such crimes include, but are not limited to: a. Murder; b. Manslaughter; c. Vehicular homicide; d. Aggravated Sexual battery; e. Aggravated battery; f. Aggravated assault; g. Kidnapping; h. Aggravated child abuse; and i. Aggravated Robbery (robbery by firearm with resulting serious injuries). C. For the purposes of this procedure, Violation of Probation or Parole (VOP) for one of the felonies listed above does not, by itself, meet the standard necessary to initiate a vehicle pursuit. While VOP may be a factor included in the decision process, it shall not be the sole determining factor. D. When making the decision to initiate and continue a vehicle pursuit, the officer shall consider the following factors: 1. The nature and seriousness of the initial offense; 2. Campus and Community safety; GENERAL ORDER 31-3 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 3. Officer’s ability to accurately notify Communications Center of the location and direction of the pursuit; 4. Officer’s ability to maintain continuous contact with the Communications Center; 5. Road and weather conditions in the pursuit area; 6. Vehicle speeds involved; 7. Time of day and amount of pedestrian and vehicle traffic; 8. Whether the pursuit area is urban or rural and the officer’s familiarity with the area (officers should consider the presence of school zones, residential or business property, whether the roadway is two-lane or four-lane, etc.); and 9. Visibility and available lighting. E. After considering the above factors, if an officer concludes the immediate danger to the public created by the vehicle pursuit is less than the immediate or potential danger to the public should the suspect not be apprehended, the officer may initiate or continue the vehicle pursuit. F. Non-sworn members and those operating vehicles not equipped with emergency lights and siren shall not engage in vehicle pursuits. G. Sworn Department members shall not initiate or engage in a vehicle pursuit while transporting or carrying non-sworn members, prisoners, witnesses, victims, or civilians. H. No more than one (1) Department vehicle shall engage in a vehicle pursuit unless authorized by a sworn supervisor. I. Once begun, vehicle pursuits supervisory approval to do so. shall NOT be continued without sworn 1. The pursuing officer shall request supervisory approval to continue a vehicle pursuit without undue delay. J. In instances where immediate apprehension cannot be made and the pursuit is terminated, the officer shall attempt to obtain sufficient information to make a subsequent apprehension. K. A motor vehicle pursuit is justifiable only when the necessity of immediate apprehension of the suspect(s) outweighs the level of danger to the GENERAL ORDER 31-4 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT community created by the pursuit. II. PROCEDURES FOR CONDUCTING VEHICLE PURSUITS A. The primary pursuit officer shall adhere to the following: 1. Maintain radio contact with the Communications Center, and: a. Keep radio transmissions as brief as possible. b. Keep radio transmissions pertinent to the pursuit. 2. Promptly notify the Communications Center of their intent to pursue, and shall provide the Communications Center with the following information: a. Location, speed, and direction of travel of the fleeing vehicle on a continuing basis; b. Specific reason(s) supporting the decision to pursue, including the nature of the offense for which the officer originally attempted apprehension; c. Description and license plate number, if known, of the fleeing vehicle; d. Number of occupants in the fleeing vehicle and when possible, a description of the occupants by race, gender, and clothing; and e. If a pursuit is terminated (for any reason), provide the Communications Center with the location, speed, and direction of travel where the fleeing vehicle was last seen. 3. Failure to provide this information to the Communications Center may result in an immediate termination of the vehicle pursuit by supervisors. B. During a vehicle pursuit, officers shall utilize the emergency lights and siren the entire time the vehicle is being driven in emergency mode. C. Four-way flashers shall not be used during a vehicle pursuit. D. Any police vehicle sustaining damage to, or failure of essential equipment shall not continue in the vehicle pursuit and the officer shall notify the Communications Center. 1. If another police vehicle is assigned to the pursuit, the assignment shall only be made by a sworn supervisor. GENERAL ORDER 31-5 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT III. COMMUNICATIONS CENTER RESPONSIBILITIES A. Upon notification a vehicle pursuit is in progress, the Communications Center shall: 1. Promptly advise the appropriate supervisor and the Chief of Police of the essential information regarding the pursuit. 2. Coordinate and dispatch additional support units at the direction of the on-duty sworn supervisor. 3. Receive and record all incoming information on the pursuit and pursued vehicle, including obtaining any available information concerning the identity of the vehicle and occupants being pursued. 4. Manage all radio communications and clear the radio of all non-emergency radio traffic. 5. Notify the neighboring jurisdictions (NPD, OCSO) that the pursuit and/ or suspect vehicle may extend into their locality. IV. SUPERVISORY RESPONSIBILITIES A. Upon notification a vehicle pursuit is occurring, the shift supervisor or higher authority shall: 1. Assume responsibility for monitoring and controlling the progress of the pursuit. 2. Evaluate the circumstances surrounding the pursuit, decide whether or not it should continue, and advise the pursuing officer. 3. If the vehicle pursuit is authorized, continue to monitor and evaluate and if appropriate, terminate the pursuit. 4. Consider the desirability of continuing or terminating a pursuit during which the fleeing vehicle refuses to stop, based on the supervisor’s continuous evaluation of the situation. B. Any Department sworn supervisor of higher rank than the supervisor responsible for monitoring and controlling the vehicle pursuit may, upon evaluating the circumstances of the pursuit, order the pursuit terminated if warranted. GENERAL ORDER 31-6 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT C. In monitoring the vehicle pursuit, the sworn supervisor in charge shall be responsible for management of the pursuit as follows: 1. Approval or disapproval, and coordination of any pursuit tactics including directing officers into or out of the pursuit. 2. Re-designation of primary pursuit officer, secondary pursuit officer, or support unit responsibilities. 3. Approval or disapproval to leave NWFSC jurisdiction to continue the pursuit. D. Only the shift supervisor or higher authority may approve and assign an additional police vehicle to assist the primary officer based on consideration of the following: 1. Nature of the offense for which the pursuit was initiated; 2. Number of suspects and any known propensity for violence; 3. Number of officers in the pursuit vehicle; 4. Any injuries to the pursuit officers; 5. Any damage to involved pursuit vehicles; 6. Number of officers necessary to make an arrest at the conclusion of the pursuit; and 7. Any other clearly articulated facts that justify the increased hazards caused by additional pursuit vehicles. E. The shift supervisor or higher authority shall respond to the scene of all terminated pursuits to: 1. Supervise police actions at the scene and to ensure adherence to NWFSCPD’s procedures; 2. Oversee traffic crash follow-up if needed; and 3. Oversee arrest procedures, if any. F. The shift supervisor shall respond to the termination point of the vehicle pursuit and document the pursuit in a Vehicle Pursuit report to the Lieutenant. This report shall include: GENERAL ORDER 31-7 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 1. Names of pursuing officers and supervisors involved; 2. Reason for the pursuit; 3. Place of origin; 4. Route of travel; 5. Length of pursuit (in time and distance); 6. Point of termination; 7. Suspect’s name if apprehended; 8. Injuries and/or damage that occurred as a result of the pursuit; and 9. Any other noteworthy data or findings. G. There shall be a vehicle pursuit debriefing, during which supervisors will be responsible for the following: 1. Physically meeting with the pursuit officer(s); 2. Assessing the circumstances of the vehicle pursuit, including: a. Risk management issues; b. Criminal investigation follow-up; c. Notifications (e.g. Command Staff, crash Investigator); and d. Required documentation. V. PROHIBITED DEVICES AND TECHNIQUES A. The use of a “blocking” maneuver shall be prohibited by NWFSCPD officers. B. The use of the “Box-In” technique shall be prohibited by NWFSCPD officers. C. The use of the P.I.T. maneuver shall be prohibited by NWFSCPD officers. GENERAL ORDER 31-8 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT D. The use of tire deflation devices shall be prohibited by NWFSCPD officers. E. The use of roadblocks shall be prohibited by NWFSCPD officers. F. The act of ramming a fleeing vehicle shall be prohibited by NWFSCPD officers. VI. TRAFFIC REGULATIONS DURING PURSUIT A. An officer conducting an authorized vehicle pursuit may engage in the following emergency vehicle operations: 1. Exceed the speed limit if necessary, but only after considering the factors outlined in section I D 1-9 above. 2. Proceed past a stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe vehicle operation. B. An officer conducting an authorized vehicle pursuit shall: 1. Not enter a controlled intersection against the directed flow of traffic at a speed greater than 15 mph; 2. Ensure the cross-traffic has yielded in each lane before attempting to cross that lane; 3. Disregard traffic regulations governing direction or movement of traffic only after considering the likelihood of injury or damage to life or property, and ensuring it is safe to do so; and 4. Not pursue against the flow of traffic. C. The provisions of this procedure do not: 1. Relieve the driver of an emergency police vehicle from the duty to drive with due regard for the safety of all persons; and 2. Protect such driver from the consequences of exhibiting a careless disregard for the safety of others. VII. TERMINATION OF VEHICLE PURSUITS GENERAL ORDER 31-9 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT A. A pursuing officer shall terminate his pursuit if he believes the inherent danger of continuing outweighs the severity of the offense for which the pursuit was initiated, including: 1. If the vehicle and/or driver have been identified through the DHSMV, witnesses, or other sources, and it would be possible to make a subsequent arrest at a later time; and 2. An officer shall consider terminating a vehicle pursuit when road, weather or traffic conditions substantially increase the danger of the pursuit beyond the value of apprehending the suspect. B. An officer shall terminate a vehicle pursuit when: 1. A shift supervisor or higher authority cannot be contacted to approve the pursuit’s continuation; 2. A shift supervisor or higher authority orders the pursuit terminated; 3. The danger posed to the public, the officers or the suspect is greater than the value of apprehending the suspect; 4. The distance between the pursuing officer and fleeing vehicle is so great, that continuing the pursuit would be futile; 5. The pursuing officer loses visual contact with the law violator; 6. The pursuing officer is unable to maintain continuous contact with the Communications Center; 7. The pursuing officer’s emergency lights or siren becomes inoperable; 8. The violator is no longer a threat to the public and can be identified for later apprehension; or 9. The pursuing officer no longer has a reasonable belief the person pursued has committed a felony involving violence to the officer or another person. C. The primary pursuit officer shall inform the Communications Center when the pursuit has been discontinued and shall provide any other information that may assist in apprehending the suspect at a later date. D. The pursuing officer, upon termination of the vehicle pursuit for any reason, shall: 1. Not follow the suspect vehicle; and 2. Promptly meet with the appropriate supervisor for a debriefing of the vehicle pursuit. GENERAL ORDER 31-10 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT VIII. PURSUIT INITIATED BY OTHER AGENCY A. NWFSCPD officers shall not engage in vehicle pursuits initiated by other agencies, unless assistance is specifically requested by the pursuing agency and permission to do so is granted by the NWFSCPD Lieutenant or Chief of Police. 1. Notification by another law enforcement agency of a pursuit’s progress shall not be considered a request to join the pursuit. B. NWFSCPD Command Staff shall use the mandates in this procedure when deciding to assist another law enforcement agency in a vehicle pursuit. C. NWFSCPD officers participating in a vehicle pursuit initiated by another agency shall abide by the mandates of this procedure. IX. VEHICLE PURSUIT REPORT A. At the conclusion of a vehicle pursuit and before the end of their tour of duty, all participating officers shall complete a Vehicle Pursuit report and submit the report to their supervisor. B. If the officer’s supervisor is not available, the officer shall submit the Vehicle Pursuit report to another sworn supervisor before the end of the officer’s tour of duty. C. If an involved officer is incapacitated due to injury, or otherwise cannot complete the Vehicle Pursuit report before the end of his tour of duty, the requirement in paragraphs A and B herein shall be modified as determined by the officer’s chain of command. D. The officer’s chain of command shall be responsible for reviewing the Vehicle Pursuit report and making a preliminary determination whether or not the pursuit was proper and conducted within Department policy. X. REVIEW A. The Chief of Police or designee shall conduct a procedure compliance review of each Vehicle Pursuit report submitted. B. All vehicle pursuits involving NWFSCPD officers will be documented and reviewed by the chain of command and the Chief of Police. GENERAL ORDER 31-11 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT C. If the pursuit involves death, serious bodily injury or significant property damage, the Chief of Police or designee may request through mutual aid the assistance of an outside law enforcement agency to conclude the crash investigation and to assist with other additional administrative review. GENERAL ORDER 31-12 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT GENERAL ORDER 31-13