High Speed Pursuit - UNlike Smokey and the Bandit Making cops and robbers movies requires a lot of tire screeching, vehicles blown up as if fire-bombed, their use as battering rams, and the inevitable shooting from moving vehicles. All of the foregoing are forbidden to police departments. CrimeFighters please take note. Hot pursuits are not taken lightly or for trivial reasons. They are at the least officially discouraged for all minor offenses, or when it's too dangerous to innocent pedestrians, motorists, public property, police officers, and their patrol cars. More than 300 deaths and 20,000 injuries occur each year as a result of high-speed police chases -- and about 25% of those involved in the chases are innocent motorists and pedestrians. Police are injured in about 2% of such traffic accidents, while the person being pursued is the victim 75% of the time. Yet police initiate two-thirds of all high-speed chases for simple traffic violations. (From a study by the Automobile Association of America Foundation for Traffic Safety, 1730 M Street NW, Washington, DC.) A citizen is not empowered to make high-speed chases. If a citizen initiated a chase, in addition to motor vehicle violations, the person could be charged with criminal negligence for ignoring the safety of innocent parties. And, if anyone is injured or any property is damaged, negligent CrimeFighters will be required to pay all the costs. If you violate traffic laws, no insurance company will pay the damages or lawsuit awards. You're on your own. It could cost you far more than the reward you hope to collect. Last but not least, if innocent parties are injured, you can expect million-dollar lawsuits. Fresh, or Hot Pursuit "Fresh pursuit" and "hot pursuit" are used interchangeably in most jurisdictions. Fresh pursuit might be defined as normal pursuit immediately after a criminal act was witnessed, but not necessarily at high speed. Hot pursuit usually indicates a high-speed pursuit, when lawbreakers attempt to avoid capture. Fresh pursuit at legal speed limits, and obeying traffic lights and stop signs, is authorized for a citizen to make an arrest, such as immediately following the lawbreaker after a felony has been made in the citizen's presence or view. If a lawbreaker notices you following and takes off at high speed or runs red lights and stop signs, you are not allowed to also break the law, and endanger innocent parties, to enforce the law. If you have a CB tuned to police frequency, call it in. Give the description of the vehicle, license number, and a brief description of the crime just witnessed. If you have a cellular phone, call 911 to report it. If you have a camcorder, get all the action and the vehicle license number on tape. According to case law, when the citizen or officer loses sight of the lawbreaker for more than a few minutes, other than temporarily losing sight of the suspect when turning corners or driving on adjacent streets, or other maneuvers, it is no longer fresh pursuit. Stopping to make a phone call, or otherwise diverting attention from the chase even for just a few minutes, technically cancels the concept of fresh pursuit. "Smokey and the Bandit" was a highly entertaining movie, but Jackie Gleason's claim to be in hot pursuit ignored the rule of fresh pursuit (as they almost always do to make movies). Don't use movies as training films. Interrupted Hot Pursuit A hot pursuit in vehicles at a later time, after a few minutes when the lawbreaker has left the scene and is completely lost from view, is usually not authorized or condoned by police or the courts. That's because of the inherent danger to the public or innocent parties when it would most likely be unsuccessful anyway. The definition of a "few minutes" could be considered as "long enough to make a successful chase an improbability." Most Police Departments are officially discouraging high-speed chases, because of the high risk to police and to innocent parties. Police cars must turn on their siren and flashing lights to run stop signs or red lights when they're in hot pursuit. Their flashing lights and sirens warn traffic to pull over and get out of the way. Your vehicle doesn't have (and shouldn't have) flashing lights and a siren. A hot pursuit in an unmarked car will more likely be broadsided by another vehicle. People can be hurt and killed. Flashing Lights and Sirens Because of the many fatalities and property damage that have resulted from high-speed chases, many States now restrict police pursuit vehicles to those that have flashing lights mounted on a bar on top of the vehicle and the vehicle equipped with sirens or special horns. In addition, chase vehicles must be clearly marked by special colors to easily identify them as police vehicles. Another good reason for a clearly marked police car is that a suspect fleeing from the scene of a crime will not be able to say that he or she didn't know the chase vehicle was a police car. Flashing lights and sirens identify police vehicles. It is illegal for private citizens to have simulated police horns, or cars painted with colors similar to those used by official police vehicles. A high-speed chase without these special features is prohibited (even by police in some jurisdictions) and having them on a private vehicle is strictly prohibited. CrimeFighters should use the following police regulations as a common sense guide when following a suspect's vehicle. Remember, only properly marked police cars are permitted to drive over the speed limit, run red lights and stop signs, or drive on the wrong side of the road. Citizens should never try any of the above. Chief John Pape, of the Weslaco, Texas, Police Department has kindly provided a copy of Weslaco's police regulations concerning high speed chases by police vehicles. It's included as general information and guidelines. Where you see the word police officer, substitute the word CrimeFighter. You'll be surprised at the difference between TV shows and official police policy. Weslaco Police Department Emergency Driving Section 1: Definitions 1.01 OVERTAKE - Pursuit of a motorist, who does not yet realize he is being pursued, in order to: (a) Position the Police vehicle so that the audible and/or visual signals can effectively be communicated to the motorist; and/or (b) Position the Police vehicle so that the officer may more effectively observe the motorist, his vehicle, his passengers and/or his load. 1.02 EVADER - A driver who continues to drive his vehicle and fails to pull to the right and stop when he knows or should know of the audible and/or visual signals to do so directed at him by an officer, but who does not attempt to escape by driving recklessly and/or at an excessive speed. 1.03 HIGH SPEED PURSUIT (VEHICLE HOT PURSUIT) - Police vehicular pursuit of another vehicle at speeds which exceeds the legal speed for non-emergency vehicles. 1.04 RECKLESS EVADER - A driver who, in order to escape or avoid apprehension by a police officer, drives his vehicle recklessly and/or at speeds which are so extreme under the condition prevailing that his involvement in a collision is probable should he continue. 1.05 ROADBLOCK - Any method, restriction, or obstruction used to prevent free passage of motor vehicles on a highway, in order to effect the apprehension of an actual or suspected violator in a motor vehicle. 1.06 PRIMARY PURSUING UNIT - The Police unit which initiates pursuit or any unit which assumes control of the pursuit. 1.07 PROBABLE CAUSE - The total set of apparent facts and circumstances based on reasonably trustworthy information which would warrant a prudent person (in the position of and with the knowledge of the particular peace officer) to believe something, for example, that a particular person has committed some offense against the law. Section 2: General provisions 2.01 - An officer may be held liable for the consequences of his reckless disregard for the safety of others, An officer's duty to avoid damage or injury to third parties takes precedence over pursuit or emergency response. No officer shall engage in negligent or reckless actions, even in pursuit of actual or suspected violators or in response to emergencies, which may damage property or injure innocent persons. 2.01 - Officers shall balance the need for pursuit and apprehension against the probability and severity of damage or injury. The officer shall consider the seriousness of the offense which the evader or reckless evader committed. Section 3: Warning Equipment and Traffic Regulation 3.01 - An officer operating a police vehicle shall not disregard stop signs or signals, exceed maximum speed limits, or disregard regulations governing the specified direction of traffic or turning, unless he continuously sounds a siren (and continuously display an emergency light system if his vehicle has such equipment) as a warning to others. 3.02 - An officer must drive with due regard for the safety of all persons and shall never operate any vehicle in reckless disregard for the safety of life and property. 3.03 - An officer engaged in overtaking shall not exceed the apparent or maximum speed limit by more than 20 miles per hour (MPH) unless such a rate would unreasonably extend the pursuit which makes a higher speed necessary. 3.04 - An officer engaged in responding to a call for emergency service may not exceed the speed limit by more than 20 MPH, unless a life-threatening situation exists and traffic conditions permit a higher speed without causing an unreasonable risk. Section 4: High Speed Pursuit Policy 4.01 - An officer shall not engage in high-speed pursuit whenever it reasonably appears that the potential harm to person or property arising from such pursuit overweighs the potential harm threatened by the escaping offender. In the absence of an overweighing danger to person or property, a peace officer shall not engage in high-speed pursuit whenever it reasonably appears the apprehension of the escaping offender by another means is likely. In determining whether to engage in pursuit, an officer should consider all relevant factors including: (a) the nature of the offense committed by the offender; (b) the method of the offender's escape; (c) the extent to which the offender may be identified; (d) knowledge of the offender's possible destination or direction of movement; (e) the present ability of other officers to apprehend the offender; (f) knowledge of previous activities of the offender; (g) the likelihood that the offender may use weapons or forcibly resist apprehension; (h) the potential for physical harm to person or property resulting from high-speed pursuit of the offender; (i) the condition of the officer's vehicle; road and weather conditions. 4.02 - An officer shall not engage in high-speed pursuit to arrest someone for any misdemeanor except: (a) a breach of peace which just occurred in the presence of the officers and will likely re-occur; or (b) a violation of state highway and vehicle laws. 4.03 - An officer engaged in high-speed pursuit need not maintain a constant view of the escaping offender, but the pursuit must be constant and continuous and without unreasonable and extraneous delays. If the officer engages in activities unrelated to the pursuit, which remove him from the pursuit, the officer may not renew the pursuit. 4.04 - An officer shall notify dispatch upon engaging in any high-speed pursuit. Dispatch will immediately notify the shift supervisor. 4.05 - When an officer engaged in a high-speed pursuit finds that the offender will flee beyond the boundary of the officer's local jurisdiction or onto a government reservation, the officer shall notify dispatch and request dispatch to notify officers of the jurisdiction into which the pursuit will lead. Dispatch will immediately make such notifications and will also immediately notify the shift supervisor. 4.06 - A peace officer in high-speed pursuit may never enter the Republic of Mexico, and any such high-speed pursuit must cease at the International border. Section 5: High-Speed Pursuit Procedure 5.01 - When not coordinated by dispatch or a supervisor, the officer in the primary pursuing unit of the high-speed pursuit shall direct the pursuit of both his unit and others. 5.02 - The officer in the primary pursuing unit of a high-speed pursuit may request all units and the base station to observe radio silence whenever necessary to the proper conduct of the pursuit. The base station will immediately repeat that request to all units on the frequency used by the primary pursuing unit. Thereafter, until termination of the pursuit, only message involving that pursuit or emergency radio traffic shall be transmitted. 5.03 - Only the primary pursuing unit and one back-up unit shall engage in high-speed pursuit, unless a supervisor or communications authorizes additional units to engage in the pursuit. Such authorization shall be given only when articulable circumstances require the additional assistance. 5.04 - Intercepting units shall never intersect the path of an oncoming high-speed vehicle. No assisting unit shall move toward the route of a high-speed pursuit without notifying the pursuing officer, supervisor, or communications of that moment. 5.05 - At no time will a police motorcycle engage in a high-speed pursuit. 5.06 - Any time an officer is ordered to discontinue a pursuit by a supervisor, the officer will comply with that order immediately. 5.07 - The use of a police vehicle as a blockade or roadblock is strictly prohibited. 5.08 - The use of a police vehicle to ram the fleeing vehicle, or to force the fleeing vehicle off the roadway and/or into another object is prohibited. 5.09 - Officers shall not fire their weapons at a fleeing vehicle unless the use of deadly force would be authorized by law, and there is a minimum chance of hitting other motorists, structures, homes or persons. Weapons shall never be fired from moving vehicles. 5.10 - If a high-speed pursuit continues out of the city limits, the pursuing officer shall obtain authorization from the shift supervisor to continue the pursuit. If the shift supervisor is not immediately available to grant such authorization, it shall be up to the discretion of the primary pursuing officer to decide if the pursuit will be continued. 5.11 - Officers involved in a high-speed pursuit are to maintain a safe following distance from the pursued vehicle to allow for sudden stops and changes in direction. 5.12 - A safe and reasonable speed shall be maintained at all times. "Reasonable" is based on road condition, traffic congestion, population condition, visibility, and special areas such as school zones and high pedestrian areas. 5.13 - An officer will discontinue a high-speed pursuit when: (a) when the officer has lost visual contact with the violator; (b) when ordered to discontinue by a supervisor; (c) when unfavorable conditions exist due to congestion, unfavorable weather, road conditions, or other factors which cause the risk factor of continuing the pursuit outweighs the need to apprehend the violator; (d) when the officer has lost his or her sense of direction and/or location; (e) when the pursuing officer's ability to communicate via police radio is lost; (f) when the suspect's identity has been established to the point that later apprehension can be accomplished, and there is no logical need for immediate apprehension; (g) when requested to do so by another agency with jurisdiction to stop the pursuit. Section 6: Emergency Call Response 6.01 - An officer shall use emergency warning equipment in responding to calls for service only when specifically authorized to do so by the officer or dispatcher assigning him to the call. 6.02 - Any officer acting as a radio dispatcher or in any other way assigning a police officer in a vehicle to respond to a call for service shall, in addition to providing all other pertinent information, designate the response code which the assigned officer must use. 6.03 - Responses shall be designated as follows: (a) Non-emergency calls - Officers must respond to the call without using emergency equipment or procedures; (b) Emergency calls - Officers must respond to the call immediately by proceeding directly to the call location as quickly as reasonably possible while utilizing emergency warning equipment and obeying traffic regulations. 6.04 - Emergency call may only be designated, but are not required, for the following categories: (a) officer in trouble; (b) felony in progress; (c) assault, involving weapon, in progress; (d) accident, fire, or other calls which may jeopardize human life; and (e) others as the supervisor or dispatch may provide. 6.05 - A field supervisory officer may override the provisions of this section and order an officer to use a different response call designation than here indicated, if he deems it necessary under the circumstances. 6.06 - A responding officer who changes the response call designation shall immediately notify the radio dispatcher or field supervisory officer. The responding officer shall state his reasons for changing the response designation." * * * * * * Many police officers, in the heat of battle, so to speak, often forget or ignore the above police regulations - with tragic results described by the above Automobile Association report. Police may get reprimands from their superiors for "breaking the rules." When citizens ignore safety and common sense, they won't get off so easy. The person being pursued might speed up and create a dangerous situation for innocent parties as well as yourself and the suspect. And, if the suspect is armed and dangerous, shots may be fired at you. If the bullets don't hit you, they might hit someone else. If any of the foregoing could have been avoided, but safety conditions were ignored, you can expect to be charged with various traffic offenses, possibly criminal charges, as well as many lawsuits for negligent behavior. It's not worth it. Don't do it. When and if your surveillance pursuit turns into a high speed pursuit, abort the chase. Call the police via CB and/or cellular phone. Give them the vehicle description and other information they can use to intercept the vehicle or continue covert surveillance. Let them make the arrest when the suspect arrives at his destination or when it's safe to do so. F9 for next Chapter