HCSD — Standard Operating Procedures

307.1 PURPOSE AND SCOPE

This policy provides guidelines for vehicle pursuits in order to protect the safety of involved deputies, the public, and fleeing suspects (Vehicle Code § 17004.7).

307.1.1 DEFINITIONS

Definitions related to this policy include:

Blocking — A preventive maneuver where emergency vehicles are strategically positioned to prevent a suspect from moving their vehicle, usually before a pursuit starts or at low speeds.

Boxing-in — A low-speed tactic designed to stop a fleeing vehicle by surrounding it with emergency vehicles and then slowing all vehicles to a stop.

Pursuit Intervention Technique (PIT) — A low-speed tactic designed to apply lateral pressure to the rear quarter panel of a fleeing vehicle, causing it to spin out, stall, and come to a stop (also known as a Precision Immobilization Technique).

Ramming — The deliberate act of impacting a fleeing vehicle with another vehicle to functionally damage or otherwise force the fleeing vehicle to stop.

Roadblock — A tactic designed to stop a fleeing vehicle by intentionally placing an emergency vehicle or other immovable object in the path of the fleeing vehicle.

Tire deflation device — A device designed to be placed on the roadway and puncture the tires of a fleeing vehicle, sometimes referred to as spike strips.

Vehicle pursuit — An event involving one or more law enforcement officers attempting to apprehend a suspect who is attempting to avoid arrest while operating a motor vehicle by using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to a deputy's signal to stop.

307.2 POLICY

It is the policy of this office to balance the need to apprehend a fleeing suspect with the risks associated with vehicle pursuits.

A vehicle pursuit is an active attempt by a law enforcement officer to apprehend the occupant of a moving motor vehicle where the deputy has reason to believe the driver of such vehicle is aware of the attempt and is resisting the deputy sheriff's attempt to stop them.

It is the intent of this policy to:

• Provide guidance, rules and procedures to aid in an deputy sheriff's decision to initiate or continue a pursuit.
• Support any deputy sheriff who decides not to pursue; or
• Support any deputy sheriff, supervisor, or commander, or who elects to terminate a pursuit.

To reduce the driver's temptation to flee, a deputy sheriff intending to stop a vehicle should attempt to be as close as safety allows to the vehicle prior to initiating the stop. Emergency lights and sirens are both required whenever a HCSD vehicle is involved in a vehicle pursuit.

Any decision to initiate, continue, or become involved in a pursuit will be based upon facts known to the deputy sheriff at the time the decision is made; facts unknown to the deputy sheriff’s prior involvement in the pursuit cannot be considered later in justifying the pursuit.

307.3 INITIATING A PURSUIT

Deputies who have received appropriate training are authorized to initiate a vehicle pursuit when the need to apprehend a fleeing suspect clearly outweighs the risks a vehicle pursuit poses for deputies and the public.

When balancing the risk of a pursuit with the need to apprehend the suspect, deputies shall consider:

• The seriousness of the known or reasonably suspected crime committed by the suspect and the threat to the safety of the public if the suspect remains at large.
• Whether the identity of the suspect is known with enough certainty to enable apprehension at a later time.
• The speed of the vehicles relative to the conditions of the area, such as the population density, amount of vehicular and pedestrian traffic (e.g., school zones), time of day, road conditions, environmental conditions (e.g., hills, curves, mountains), and weather conditions.
• The pursuing deputy's driving capabilities, familiarity with the area, and quality of radio communications with the dispatcher/supervisor.
• The nature of the pursuing unit (e.g., marked vs. unmarked) and its speed and performance capabilities in relation to the fleeing vehicle (e.g., performance motorcycle).
• Whether there are other persons in or on the fleeing vehicle and their relationship to the situation (e.g., passengers, co-offenders, hostages).
• Whether the pursuing unit is carrying passengers other than on-duty sheriff's deputies. Pursuits should not be undertaken with an arrestee in the pursuit vehicle unless exigent circumstances exist.
• The availability of other resources such as air support or vehicle locator/deactivation technology.

307.4 PURSUIT UNITS

Vehicle pursuits should be limited to three sheriff's department emergency vehicles (two pursuit units and the supervisor vehicle). However, a deputy or supervisor may request that additional units join a pursuit if, after assessing the factors outlined above, it reasonably appears that the number of deputies involved may be insufficient to safely arrest the number of suspects.

307.4.1 EMERGENCY EQUIPMENT

Vehicle pursuits shall only be conducted using authorized sheriff's department vehicles that are equipped with emergency lighting and sirens as required by Vehicle Code § 21055. Each pursuit unit's emergency lights and sirens should remain activated throughout the unit's participation in the pursuit.

Deputies operating vehicles not equipped with emergency lights and siren are prohibited from pursuing a fleeing vehicle or joining a pursuit. Deputies in such vehicles may provide support to pursuing units when needed, but should operate the vehicle in compliance with all traffic laws and should discontinue such support immediately upon arrival of a sufficient number of authorized emergency vehicles or any air support.

307.4.2 MOTORCYCLES AND UNMARKED UNITS

When involved in a pursuit, sheriff's department motorcycles or mounted patrol units and unmarked vehicles should be replaced by marked four-wheel emergency vehicles as soon as practicable.

307.4.3 PRIMARY UNIT

The initial pursuing deputy should be designated as the primary unit and will be responsible for the conduct of the pursuit unless that unit is unable to remain reasonably close to the suspect's vehicle. The primary responsibility of the deputy initiating the pursuit is the apprehension of the suspect without unreasonable danger to themself or others. As soon as practicable, the primary unit should notify the Hartwell County Emergency Communications Center also known as Hartwell County Dispatch of the pursuit, request priority radio traffic, and provide appropriate information including:

• The location, direction of travel, and estimated speed of the pursuit.
• The description of the fleeing vehicle, including the license plate number, if known.
• The reason for the pursuit.
• A description of the fleeing vehicle's evasive driving behavior (e.g., rapid lane changes, no headlights, driving on the wrong side of the road).
• Known or suspected weapons, threat of force, violence, injuries, hostages, or other unusual hazards.
• The suspected number of occupants and their identities or descriptions.
• The weather, road, and traffic conditions.
• The need for any additional resources or equipment.
• The identities of other law enforcement agencies involved in the pursuit.

The primary unit is responsible for broadcasting the progress of the pursuit until a secondary or air unit joins the pursuit. Once an additional unit joins the pursuit, the primary unit should relinquish the responsibility of broadcasting the progress to the secondary or air unit unless circumstances reasonably indicate otherwise.

307.4.4 SECONDARY UNIT

The second deputy in the pursuit should be designated as the secondary unit and is responsible for:

• Notifying Emergency Communications Center/Dispatch of their entry into the pursuit.
• Broadcasting the progress of the pursuit, updating known or critical information, and providing changes in the pursuit, unless the situation indicates otherwise.
• Identifying the need for and requesting additional resources or equipment as appropriate.
• Serving as backup to the primary unit once the fleeing vehicle has been stopped.

307.4.5 AIR UNITS

When available, air unit assistance should be requested. The air unit should assume responsibility of broadcasting the pursuit once they have established visual content with the fleeing vehicle. Ground units should maintain operational control and consider whether the continued close proximity and/or involvement in the pursuit is warranted.

The air unit should coordinate the activities of resources on the ground, report progress of the pursuit, and provide pursuing units with details of upcoming traffic congestion, road hazards, or other information pertinent to evaluating whether to continue the pursuit. If ground units are not within visual contact of the fleeing vehicle and the air unit determines that it is unsafe to continue the pursuit, the air unit should recommend termination.

307.5 PURSUIT DRIVING

The decision to use specific driving tactics requires consideration of the same factors as initiating a pursuit. In addition, deputies involved in the pursuit should adhere to the following:

• Pursuing units should space themselves far enough from other involved vehicles to be able to see and avoid hazards and react safely to maneuvers by the fleeing vehicle.
• Pursuing units should exercise caution and slow down as necessary when proceeding through intersections.
• Pursuing units should not follow a fleeing vehicle driving against traffic (wrong way) and should instead:

1. Request assistance from available air support.
2. Maintain visual contact with the fleeing vehicle by paralleling it on the correct side of the roadway.
3. Request other units to observe exits available to the fleeing vehicle.

• Pursuing units should request that Dispatch notify the California Highway Patrol (CHP) and/or another law enforcement agency if it appears that the pursuit may enter its jurisdiction.
• Pursuing units should not attempt to pass other pursuit units unless the situation indicates otherwise or they are requested to do so. Passing another pursuit unit should only be attempted with a clear understanding of the maneuver.

307.5.1 RULES OF THE ROAD

The speed of a vehicle pursuit is a factor that should be evaluated on a continuing basis by the deputy and supervisor. Evaluation of vehicle speeds should take into consideration public safety, officer safety, and the safety of the occupants of the fleeing vehicle.

Should high vehicle speeds be reached during a pursuit, deputies and supervisors should also consider these factors when determining the reasonableness of the speed of the pursuit:

• Pursuit speeds have become unreasonably unsafe for the surrounding conditions.
• Pursuit speeds have exceeded the driving ability of the deputy.
• Pursuit speeds are beyond the capabilities of the pursuit vehicle, thus making its operation unsafe.

307.5.2 DEPUTIES NOT INVOLVED IN THE PURSUIT

Deputies not directly involved in the pursuit should stay alert to its progress and location and may proceed safely to intersections ahead of the pursuit to warn cross traffic. When clearing intersections along the pursuit path, deputies are authorized to use emergency equipment and should attempt to place their vehicles in locations that provide some safety or an escape route in the event of an unintended collision or a suspect intentionally trying to ram the sheriff's department vehicle.

Other than clearing intersections along the pursuit path, uninvolved deputies should avoid operating under emergency conditions (emergency lights and siren) and should remain in their assigned areas unless directed otherwise by a supervisor.

When needed, non-pursuing deputies and deputies who have dropped out of the pursuit should respond to the pursuit termination point in a non-emergency manner, observing the rules of the road. Deputies should not parallel the pursuit route.

307.6 SUPERVISORY CONTROL AND RESPONSIBILITIES

The field supervisor of the deputy initiating the pursuit, or if unavailable, the nearest field supervisor, will be responsible for:

• Immediately notifying the involved units and the dispatcher of supervisory presence and ascertaining all reasonably available information in order to continuously assess the situation and risk factors associated with the pursuit.
• Exercising management and control of the pursuit and, when appropriate, engaging in the pursuit to provide on-scene supervision.
• Confirming that no more pursuing units than required are involved in the pursuit.
• Directing that the pursuit be terminated if, in the supervisor's judgment, continuing the pursuit is not justified under the guidelines of this policy.
• Assessing the emotional state of the deputies involved and directing a deputy to disengage from the pursuit if it appears they are unable to control their emotions.
• Requesting additional assistance from air support, canines, or other resources, if available and appropriate.
• Verifying that the proper radio channel is being used.
• Confirming the Administrative Bureau has been notified of the pursuit.
• Overseeing the notification and/or coordination of outside agencies if the pursuit leaves or is likely to leave the jurisdiction of this office.
• Continuing the management and control of Hartwell County Sheriff’s Department units when a pursuit enters another jurisdiction.
• Preparing documentation of the pursuit and conducting a post-pursuit review, as required.

307.6.1 ADMINISTRATIVE BUREAU RESPONSIBILITIES

Upon becoming aware that a pursuit has been initiated, the Administrative Bureau should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Administrative Bureau has the final responsibility for the coordination, control, and termination of a vehicle pursuit and shall be in overall command.

307.7 EMERGENCY COMMUNICATIONS CENTER/DISPATCH

Radio communications during a pursuit should be conducted on the primary channel unless instructed otherwise by a supervisor or dispatcher. If the pursuit leaves the jurisdiction of this office or such is imminent, involved units should, whenever available, switch radio communications to a tactical or emergency channel most accessible by participating agencies.

307.7.1 EMERGENCY COMMUNICATIONS CENTER/DISPATCH RESPONSIBILITIES

Upon notification or becoming aware that a pursuit has been initiated, the dispatcher is responsible for:

• Clearing the radio channel of non-emergency traffic.
• Coordinating pursuit communications of the involved units and personnel.
• Broadcasting pursuit updates as well as other pertinent information as necessary.
• Ensuring that a field supervisor is notified of the pursuit.
• Notifying and coordinating with other involved or affected agencies as practicable.
• Notifying the Administrative Bureau as soon as practicable.
• Assigning an incident number and logging all pursuit activities.

307.8 INTERJURISDICTIONAL CONSIDERATIONS

Unless entry into another jurisdiction is expected to be brief, the primary unit or supervisor should ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist.

307.8.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY

When a pursuit enters another agency's jurisdiction, the primary unit or the supervisor should determine whether to request the other agency assume the pursuit, taking into consideration the distance traveled, familiarity with the area, and other pertinent facts. Once another agency has agreed to assume the pursuit, pursuing units should relinquish control and discontinue participation unless the continued assistance of the Hartwell County Sheriff’s Department is requested by the agency assuming the pursuit. Upon relinquishing control of the pursuit, the involved deputies may, with supervisory approval, proceed to the termination point in order to provide information and assistance for the arrest of the suspect and reporting of the incident. The supervisor should coordinate such assistance with the assuming agency and obtain any information that is necessary for office reports.

307.8.2 PURSUITS EXTENDING INTO THIS JURISDICTION

Deputies from this office should not join a pursuit being conducted by another agency unless specifically requested to do so by that agency and with approval from a supervisor. When a request is made for this office to assist or take over a pursuit that has entered the jurisdiction of the Hartwell County Sheriff’s Department, the Administrative Bureau or supervisor should review the request as soon as practicable, taking into consideration:

• Whether the need to apprehend the fleeing suspect outweighs the risks of the pursuit to deputies and the public.
• Whether there is adequate staffing to continue the pursuit.
• The available units' capabilities to maintain the pursuit.
• The number of available units and other resources of the pursuing agency.

Assistance to a pursuing agency by deputies of this office should terminate at the County limits, provided that the pursuing agency has sufficient assistance from other sources. Ongoing participation from this office should continue only until sufficient assistance is present.

In the event that a pursuit from another agency terminates within this jurisdiction, deputies should provide appropriate assistance to the pursuing agency such as scene control, inter-agency coordination, completion of supplemental reports, and any other reasonable assistance requested or needed.

307.9 PURSUIT INTERVENTION

Pursuit interventions should only be used when it reasonably appears that using the intervention will contain or prevent the pursuit, and the need to immediately stop the fleeing vehicle outweighs the risks of injury or death to deputies and others.

Pursuit interventions may be construed as a use of force, including deadly force, and are subject to the policies guiding such use. Deputies should consider the guidelines for the use of force when deciding how, when, where, and if a pursuit intervention should be employed. Refer to the Use of Force Policy for additional guidance.

Whenever practicable, a deputy should seek approval from a supervisor before employing any pursuit intervention to stop a fleeing vehicle. Deputies should not attempt a pursuit intervention unless they have received the appropriate training for the intervention being used.

307.9.1 TIRE DEFLATION DEVICE

Before deploying a tire deflation device, deputies should consider factors such as:

• Speed of the fleeing vehicle - Traveling at high speeds increases the risk the suspect will lose control of the vehicle after driving over or swerving to avoid a tire deflation device.
• Weather and visibility - Tire deflation devices should only be deployed when the location, weather, and other conditions allow the deploying deputy to clearly see the fleeing vehicle, pursuit units, and other approaching traffic.
• Cover - Deployment should occur in a location that provides the deploying deputy adequate cover and escape from intentional or unintentional exposure to the approaching vehicles.
• Road conditions - Soft or loose material such as dirt or gravel may prevent a tire deflation device from puncturing the vehicle's tire. Deploying the device on loose pavement or icy or wet roads increases the risk of the suspect losing control of the vehicle.
• Characteristics of the deployment area - A tire deflation device should not be deployed in areas that are heavily populated with pedestrians, at times of heavy traffic, or at a location where there is a heightened chance of striking a fixed object.
• Characteristics of the fleeing vehicle - Except in extraordinary circumstances, a tire deflation device should not be used when the fleeing vehicle is a motorcycle or other vehicle with fewer than four wheels, an ATV, a vehicle transporting hazardous materials, or a school bus transporting children.

Because of the risks to deploying deputies, the intent to deploy a tire deflation device and its location should be clearly communicated to the dispatcher and all involved units.

307.9.2 PIT

A PIT should only be attempted in a vehicle with a reinforced bumper.

Before conducting a PIT, deputies should consider factors such as:

• Speed of the fleeing vehicle - Conducting a PIT while traveling at high speeds increases the risk of the suspect or deputy losing control of their vehicle. A PIT should not be conducted at speeds greater than the speed at which the deputy has received training.
• Road conditions - Because the intention of a PIT is to cause the fleeing vehicle to spin out by reducing the friction between the tires and the roadway, the material of the roadway (e.g., pavement, gravel, dirt) should be considered and a PIT should not be attempted when road conditions are wet or icy.
• Characteristics of the deployment area - A PIT should not be attempted in areas that are heavily populated with pedestrians, at times of heavy traffic, or at a location where there is a heightened chance of striking a fixed object.
• Characteristics of the fleeing vehicle - A PIT should not be used when the pursued vehicle is a motorcycle or other vehicle with fewer than four wheels, an ATV, a vehicle transporting hazardous materials, or a school bus transporting children. The increased risk of rolling over should be evaluated on vehicles with a high center of gravity.
• Number of pursuit units - A PIT should not be used unless there is a sufficient number of pursuit units available to prevent further movement of the fleeing vehicle after spinning out.

307.9.3 BOXING-IN OR BLOCKING

Boxing-in or blocking should only be used when the suspect's vehicle is stopped or traveling at a low speed.

Boxing-in requires the participation of multiple units and therefore must be carefully coordinated with all involved.

307.9.4 RAMMING AND ROADBLOCKS

Ramming and roadblocks shall only be used when deadly force is warranted and all other reasonable alternatives have been exhausted or reasonably appear ineffective.

307.9.5 FIREARMS

Specific guidance on the use of a firearm during a vehicle pursuit is addressed in the Use of Force Policy.

307.10 TERMINATING A PURSUIT

The factors considered when initiating a pursuit should be continually reevaluated by pursuing units during the pursuit, as the circumstances and conditions change, and as new information becomes available. If at any time the risk of continuing the pursuit outweighs the need to immediately apprehend the suspect, the pursuit should be terminated.

In addition, a pursuit should be terminated when:

• A supervisor directs the pursuit to be terminated.
• The location of the fleeing vehicle is no longer known.
• The distance between the pursuing units and the fleeing vehicle is so great that further pursuit would be futile or would continue for an unreasonable time and/or distance.
• The pursuing unit sustains damage or a mechanical failure that makes it unsafe to drive or renders the emergency lighting and sirens partially or completely inoperable and there are no additional units readily available to take over the pursuit.
• There are significant weather hazards.
• The distance between the deputy and the suspect becomes such that in order to continue the pursuit it would require exceptional speeds and/or other hazards that would place the deputy sheriff and public in serious danger.
• Any situation exists in which the lead pursuit vehicle or the highest ranking deputy sheriff on duty at the time of the pursuit believes or has reason to believe the danger to the public, deputy sheriff(s), or suspect(s) outweighs the necessity for immediate apprehension of the fleeing suspect(s).

Terminating the pursuit under the above conditions does not prohibit the following of a vehicle at a legal speed, after shutting down emergency equipment, or remaining in the area to re-engage the pursuit if provided the opportunity and conditions permit.

When a pursuit terminates for any reason, all pursuit units should verbally acknowledge termination, turn off emergency lights and sirens, reduce their speed, and obey all traffic laws.

The primary unit should communicate the location of pursuit termination to the dispatcher.

307.10.1 LOSS OF PURSUED VEHICLE

When a pursuit is terminated because the location of the fleeing vehicle is no longer known, the primary unit should broadcast pertinent information for other units to assist in locating the suspect. The primary unit or supervisor will be responsible for coordinating any further search for the pursued vehicle.

307.10.2 APPREHENSION OF SUSPECTS

Deputies should exercise proper self-discipline and sound professional judgment at the conclusion of a pursuit and while apprehending the suspect.

Unless otherwise directed by a supervisor, a deputy other than the primary unit should coordinate efforts to apprehend the suspect following the pursuit.

Any use of force necessary to apprehend the suspect shall be consistent with the Use of Force Policy.

307.11 DEBRIEFING

Participating deputies should return to the Office as soon as practical following a pursuit to debrief with a supervisor.

307.12 REPORTING REQUIREMENTS

Appropriate reports should be completed as required by applicable laws, policies, and procedures.

• Pursuing deputies should complete appropriate crime/arrest and pursuit reports.
• The involved supervisor, or if unavailable, the on-duty field supervisor, shall obtain available information and promptly complete appropriate written notification to the Sheriff or the authorized designee. The notification should briefly summarize the pursuit and include, at a minimum:

1. Date and time of the pursuit.
2. Reason and circumstances surrounding the pursuit (e.g., seriousness of the crime, road and traffic conditions, speed and driving behavior of the fleeing vehicle) that warranted initiation and continuation of the pursuit.
3. Length of pursuit in distance and time, including the starting and termination points.
4. Involved vehicles and deputies.
5. Alleged offenses.
6. Whether a suspect was apprehended, as well as the means and methods used.
7. Arrestee information, if applicable.
8. Any injuries and/or medical treatment.
9. Any property or equipment damage.
10. Name of supervisor at the scene or who handled the incident.

After receiving copies of the written notification, reports, and other pertinent information, the Sheriff or the authorized designee shall conduct or assign a post-pursuit review, as appropriate.

The Sheriff should direct an annual documented review and analysis of office vehicle pursuits to minimally include policy suitability, policy compliance, and training or equipment needs. The review should not contain the names of deputies, suspects, or case numbers.

307.12.1 STATE-SPECIFIC REPORTING REQUIREMENTS

The Administrative Bureau shall ensure that an Allied Agency Vehicle Pursuit Report (form CHP 187A) is filed with the CHP not later than 30 days following the pursuit (Vehicle Code § 14602.1). The primary deputy should complete as much of the required information on the form as is known and forward the report to the Administrative Bureau for review and distribution.

307.13 PURSUIT TRAINING

The Training Deputy should ensure that members of this office receive initial and annual training on this policy and vehicle pursuits relevant to their role (e.g., deputies, supervisors, air units, dispatchers).

Deputy training should address decision-making involved in initiating, continuing, and terminating a pursuit by balancing the need to apprehend the suspect with the risk of a pursuit. Subject to available resources, training on pursuit driving and the deployment of pursuit intervention tactics should include scenario-based training and behind-the-wheel practice, in addition to classroom instruction.

307.13.1 STATE-SPECIFIC TRAINING REQUIREMENTS

The Training Deputy shall make available to all deputies initial and supplementary POST training on pursuits required by Penal Code § 13519.8, Vehicle Code § 17004.7(d), and 11 CCR 1081, and no less than annual training addressing:

• This policy.
• The importance of vehicle safety and protecting the public.
• The need to balance the known offense and the need for immediate capture against the risks to deputies and others.

307.14 POLICY ACKNOWLEDGEMENT

Deputies of this office shall certify in writing that they have received, read, and understand this policy initially, upon any amendments, and whenever training on this policy is provided. The POST attestation form, or an equivalent form, may be used to document the compliance and should be retained in the member's training file.

307.15 APPLICATION OF VEHICLE PURSUIT POLICY

This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines.

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