HomeMy WebLinkAbout09-26-2000 ICPD General Orders 0PS-02.1
.... POLICE
'" VEHICLE
PURSUITS
Date of Issue General Order Number February 10, 1999 99-01
Effective Date Section Code
March 1, 1999 OPS-02
Reevaluation Date Amends / Cancels
August 2001 90-01 OPS-02
C.A.L.E.A. I Re~orence
1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 See Index
INDEX AS:
Use of Fome
Vehicle Pursuits
Reports
I. PURPOSE
It is the purpose of this policy to state the guidelines to be followed during vehicular
pursuits.
'
~11. POLICY The initiation of a pursuit is justified when, in the officer's judgement, a
suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially
the officer must determine if the necessity of immediate apprehension outweighs
the level of danger created by the pursuit. This evaluation must continue
throughout the course of the pursuit by the officer and his/her supervisor. All
pursuits will be conducted in strict accordance with section 321.231 of the Code
of Iowa and all emergency vehicles will utilize both audible and visual signalin!
devices when engaged in pursuits.
0PS-02.2
DEFINITIONS
321.231 Authorized emergency vehicles and police bicycles.
1. The driver of an authorized emergency vehicle, when responding to
an emergency call or when in the pursuit of an actual or suspected
perpetrator of a felony or in response to an incident dangerous to
the public or when responding to but not upon returning from a fire
alarm, may exercise the privileges set forth in this section.
2. The driver of any authorized emergency .vehicle, may:
a. Park or stand an authorized emergencY vehicle, irrespective of
the provisions of this chapter.
b. Disregard laws or regulations governing direction of movement
for the minimum distance necessary before an alternative route
that conforms to the traffic laws and regulations is available.
-,-3. The driver of a fire department vehicle, police vehicle, or
...... ~:: ambulance, or a peace officer riding a police bicycle in the line of
:' duty may do any of the following:
a. Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation.
b. Exceed the maximum speed limits so long as the driver does
not endanger life or property.
4. The exemptions granted to an authorized emergency vehicle under
subsection 2 and for a fire department vehicle, police vehicle or
ambulance as provided in subsection 3 shall apply only when such
vehicle is making use of an audible signaling device meeting the
requirements of section 321.433, or a visual signaling device
approved by the department except that use of an audible or visual
signaling device shall not be required when exercising the
exemption granted under subsection 3, paragraph "b" of this
section when the vehicle is operated by a peace officer, pursuing a
suspected violator of the speed restrictions imposed by or pursuant
to this chapter, for the purpose of determining the speed of travel of
such suspected violator.
5. The foregoing provisions shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons, nor shall such provisions
protect the driver from the consequences of the driver's reckless
disregard for the safety of others.
Pursuit - For the purpose of this policy, pursuit means chasing a fleeing suspect.
OPS-O2.3
IV. PROCEDURES
A. Initiation: The pursuing officer must carefully consider the safety of
persons and property before engaging in a vehicular pursuit. Some of the
factors that should be considered when determining whether to initiate,
continue or terminate a vehicular pursuits are:
1. Time of day - high speed pursuits occurring during a time when
there is a high level of activity (businesses, schools), are normally
more hazardous than those occurring during periods of Iow activity.
.~ ..:'~ 2. Volume of vehicular traffic - pursuits occurring during periods of
· ~ heavy traffic flow are more hazardous than those occurring at other
'~ times.
~:~- "' 3. Location of pursuit - pursuits through residential areas or along
. streets near or adjacent to schools are normally more hazardous
than those in lightly populated areas.
4. Weather conditions.
5. Road conditions.
6. Speed involved.
7. Nature of the offense pursuits for persons suspected of
involvement in felonies are viewed as more justifiable than those for
persons suspected of traffic or other misdemeanor violations.
However, there shall be no assumption that the commission or
suspected commission of a felony constitutes automatic
authorization to pursue by vehicle.
8. The condition of the police vehicle should be considered.
9. Consideration should be given to the driving skills of the pursuing
officer.
10. Can the offender be identified and therefore apprehended by other
means?
B. Officers will use the following Pursuit Decision Matrix as guidance in
determining whether to initiate or continue a pursuit. The Pursuit Decision
Matrix is very similar to the Use of Force Continuum as set out in the
Department's Use of Fome policy. It is a guide designed to assist the
officers in their use of discretion and shall be followed when making
vehicular pursuit decisions. The degrees of risk associated with vehicular
pursuit in specific circumstances are defined as follows:
0PS-02.4
PURSUIT DECISION MATRIX GUIDES
LOWER RISK
1. Marked vehicles
2. Straight roads, good surfaces, clear line of sight
3. Few intersections
4. Few or no pedestrians
5. Good weather
6. No hazardous maneuvers by violator
7. Speeds at or less than 20 m.p.h, over the posted limit
8. Officer is calm and in control
9. Lack of special circumstances (i.e., school zones, hospitals, etc.)
MODERATE RISK
1. Some intersecting streets (i.e., residential area)
2. Light pedestrian traffic
3. Moderate traffic, little congestion
.~ 4. Speeds 20 m.p.h, greater than the posted speed limit
~.. ~. Officer generally calm, under control
'" · ::::~6. Some hazardous, but not extreme maneuvers (i.e., crossing center
~ ~. line to pass vehicles, sudden lane changes) by the violator.
!. ~"'~. '--' HIGH RISK
~_: ~. .:~: 1. Frequent intersecting streets (i.e., a business district)
:~- :'--)~' 2. Poor weather, slippery streets, Iow visibility '
:~ £~ 3.
· . Blind curves or intersections, narrow streets
4. Numerous pedestrians
5. Heavy, congested traffic
6. Speed twice the posted speed limit, o.~.r greater than 80 m.p.h.
7. Extremely hazardous maneuvers (i.e., driving against oncoming
traffic, failing to stop for red lights) by the violator
8. Numerous vehicles in pursuit
9. Officer excited, not in full control of emotions
10. Existence of special circumstances (i.e., school zones, hospitals,
etc.)
NOTATION
The courts have decided that the officer will be judged from th~ perspective of a
reasonable officer on the scene (Graham V. Conner). With this in mind, officers should
give serious consideration to all of the factors before deciding to initiate a pursuit and
continue to evaluate the need to pursue versus terminating the pursuit.
OPS-02.5
PURSUIT DECISION MATRIX
NATURE OF LOW RISK
OFFENSE
VIOLENT FELONY May Pursue. May Pursue. May Pursue.
IMMINENT Continue To Assess Continue To Assess Discontinue If Risks
THREAT Risk. Risk. Exceed Known
Threat To Public
Safety If Capture Is
FELONY-VIOLENT May Pursue. May Pursue.
CRIMES Continue To Assess Continue To Assess
Risk. Risk.
May Pursue.
Continue To Assess
Risk
HIGH RISK
Violent Felony -
Imminent Threat
May Pursue Continue to Assess Risk
May Pursue
Continue to Assess Risks
May Pursue. Discontinue if Risks Exceed Known Threat to Public Safety if Capture is
Delayed. ;
Felony - Violent Crime ~ '~
May Pursue ~ '----
Continue to Assess Risk '
May Pursue
Continue to Assess Risk :.
May Pursue. Discontinue if Risks Exceed Known Threat to Public Safety if Captu're is
Delayed
OPS-02.6
Felony - Property Crime
May Pursue
Continue to Assess Risk
May Pursue
Continue to Assess Risk
Discontinue or Do Not Pursue
Misdemeanors, and Traffic Violations That Are Safety Related
May Pursue
Continue to Assess Risk
Discontinue or Do Not Pursue
Discontinue or Do Not Pursue -.. ..-
Minor Infractions That Are Not Safety Related '. _.
Do Not Pursue
Do Not Pursue
Do Not Pursue
C. Notification - When a motor vehicle pursuit is initiated, it shall immediately
reported to the Emergency Communications Dispatcher by the initiating
officer, The initial information will include:
1. The reason for the pursuit ·
2. The location, speed, and direction of travel ~.,
3. The description of the fleeing vehicle, including license plate
number.
4. The number of occupants and description of occupants if observed.
5. The officer will update the information as it becomes available or
changes.
D. Communication Center Responsibilities - Communications during a pursuit
is vital to the safe apprehension of the offender as well as the safety of the
officers and bystanders. The communications center will have the
following responsibilities:
1. Immediately upon receiving information that an officer is in pursuit,
the ECO will advise all other non-emergency radio traffic to stand
by and give the pursuing officer priority use of PDI. The ECO will
advise the pursuing officer of any pertinent information concerning
the area of the pursuit.
2. Notify a watch commander/supervisor of the pursuit in progress.
OPS-02.7
3. The ECO shall record on the CAD log all the information furnished
by the officer during the pursuit.
4. As long as the pursuit is continued, the ECO will manage the
pursuit communications by re-broadcasting transmissions of
~ relevance to other units involved.
~ ~ 5. Contact surrounding agencies and advise them of the pursuit. We
do not encourage involvement of other agencies in the pursuit other
~i. than for perimeter control and assistance in attempts to identify the
· :~ violator unless specifically requested otherwise.
When the pursuit leaves the city limits, or it is reasonably imminent
that it will, the ECO will contact the appropriate law enforcement
agency with necessary information.
7. As time permits, the ECO will run vehicle and registered owner
information and broadcast pertinent information.
E. Supervisory Responsibilities
1. A supervisor shall assume control of all pursuits. This can be
accomplished through radio communications. Supervisors will
monitor all pursuits and approve any special tactic that will be used.
2. In the event the supervisor initiates the pursuit, they should
relinquish that position as soon as another unit becomes available
and assume control of the pursuit as specified in subparagraph (1)
above.
3. The supervisor's foremost considerations shall be officer and
bystander safety, methods of identifying the fleeing suspect, tactics
to stop the fleeing vehicle, and coordination of all officers.
4. Supervisors shall intervene and correct any misuse of police
personnel involved in the pursuit.
5. The supervisor may, at any time, order, the termination of the
pursuit when, in their judgement, the necessity of apprehension is
outweighed by the level of danger created by the pursuit.
6. Supervisors shall also assure that sufficient patrol strength is
maintained within the city to handle routine calls for service.
7. The supervisor in charge of the incident shall approve any special
tactics to stop the vehicle.
0PS-02.8
F. Pursuit Tactics
NOTE: Pursuit at high speeds under the best of conditions Is an
extremely dangerous situation. Any tactic contemplated when high
speed is involved, requires advance planning, taking into
consideration the factors surrounding the Incident at hand. Safety is
the foremost consideration. The following are some possible
alternatives to consider when determining methods of stopping the
fleeing vehicle.
1. Consider alternatives, through radio communication and the
assistance of other police officers. A determination should be
made as to whether the offender can be identified and
apprehended later.
2. Give the offender an opportunity to stop by placing a patrol vehicle
alongside the road with pursuit lights on and an officer in a safe
location directing the suspect to stop.
3. Use fuses or traffic cones to set up an apparent roadblock in
advance of the pursued vehicle. Remember to clear the road and
select a safe location.
4. Do not use the spotlight focused on the back window of the
pursued vehicle.
5. Stationary roadblocks - because of the inherent danger of the use
of stationary roadblocks in pursuit situations, it is the policy of this
department that stationary roadblocks will be used for the purpose
of stopping fleeing vehicles only:
a) As a last resort, in those exigent cases where the use of
deadly force would be justified to prevent injury or death to
the officer or other persons, a stationary roadblock may be
-~ considered. If suitable materials such as construction
' ' :-: barricades are not available, unoccupied police vehicles with
emergency lights in operation may be used, as directed by
the watch commander/supervisor.
~-- b) Stationary roadblocks will only be set up with the
,:~i" authorization of the supervisor in charge of the incident. To
_,..~.: avoid creating an unnecessary hazard to pursuing officers
and innocent persons, the roadblock will be located in an
--~ area of high visibility which provides a safe stopping distance
for oncoming traffic. Under no circumstances will roadblocks
be barricaded by occupied or private vehicles and all efforts
will be made to remove private vehicles from the path of the
pursuit.
OPS-02.9
6. Moving roadblocks are prohibited without the express authorization
of the supervisor in charge of the incident.
7. Ramming will only be considered to stop a fleeing vehicle as a last
resort, and then only in those extreme cases where the use of
deadly force is justified to prevent injury or death to the officer or
other parsons. The officer must consider the extreme danger to
himself/herself, occupants of other vehicles and other users of the
roadway. Permission to make deliberate contact with the offender's
fleeing vehicle will be received from the supervisor prior to initiation
of the act.
8. Specialized Police Vehicles
a) Officers operating unmarked vehicles, equipped with visual
and audible signaling devices, may engage in pursuits only
when the fleeing vehicle presents an immediate threat to
persons or property and then only until a marked unit is
available to assume the pursuit, at which point the unmarked
will withdraw and serve only in a support role.
b) Police vehicles without emergency equipment, i.e., visual or
audible signaling devices, SHALL NOT ENGAGE IN
PURSUITS with one exception. In those cases where the
fleeing vehicle presents an immediate threat of death or
serious injury, they may participate until marked police units
arrive.
9. Following the Fleeing Vehicle
.: a) All units will be spaced in such a manner to allow time to
react to evasive maneuvers of the fleeing vehicle or another
. police vehicle. Officers will not pursue the fleeing vehicle the
.... wrong way on interstate or controlled access roadways, or
:~ - one way streets, unless specifically authorized to do so by a
v _ supervisory officer.
_~.~: 10. Aid to Outside Agencies
a) Whenever units of another law enforcement agency are
engaged in a pursuit and request assistance form the
Department, the requesting agency shall advise the
emergency communications center of the nature of the
offense and the description of the fleeing vehicle before a
police vehicle from the Department joins in the pursuit. If an
outside agency contacts an Iowa City officer directly,
requesting assistance in a pursuit, it will be the responding
officer's responsibility to advise communications of the
request.
OPS-02.10
b) The watch commandedsupervisor is to be made aware of
the request to aid in a pursuit and the circumstances
surrounding it. The watch commandedsupervisor must
approve the request before any action is taken.
11. Firearms
a) Except under the following circumstances, shooting from or
at a moving vehicle is prohibited.
(1) When an occupant of the fleeing vehicle is utilizing
deadly force against the police officer or other persons.
(2) As a last resort to prevent death or serious injury to the
officer or other person(s).
(3) As a last resort to apprehend a person who has just
committed a felony resulting in death or serious injury.
'-'~' b) The discharge of firearms shall not be utilized when the
.~' :~' circumstances do not provide a high probability of striking
· -: : the intended target or when there is a substantial risk to the
'~-- :~ ,.. safety of other persons, including risks of causing vehicle
.... · ,::: accidents.
; '::;12 Number of Pursuit Vehicles
'::' '-~ a) The pursuit should be limited to two vehicles, a primary unit
'' and a secondary unit. Other officers will be kept informed of
the pursuit and should be in a position to assist if the pursuit
enters their area of responsibility.
b)There will be no caravan of police vehicles attempting to join
the pursuit.
c) There will be no attempt by officers engaged in the pursuit to
pass other units involved in the pursuit unless permission is
given by the supervisor in charge of the pursuit.
TERMINATION OF PURSUIT
A. Pursuit shall be terminated under any one of the following reasons:
1, A supervisor or higher authority orders the pursuit terminated.
2. Upon the determination of the pursuing officer 'or supervisor that,
the danger to the officers or others in the area outweighs the
necessity for immediate apprehension.
3. The offense is a traffic infraction, misdemeanor or other non-violent
felony and the identity of the violator is known.
4. Visual contact is lost or the distance between the officer and the
pursued vehicle is so great that further pursuit is futile.
OPS-02.11
5. The pursuing officer believes that the fleeing vehicle is being
operated by a juvenile and the offense constitutes a traffic
infraction, misdemeanor, or non-violent felony.
6. When there is an equipment failure involving the emergency lights,
siren, radio, brakes, steering or other essential mechanical
equipment.
B. While not necessarily dictating immediate action, serous and continuing
consideration should be given to termination of a pursuit under the
following conditions:
_ 1. Environmental factors such as rain, fog or darkness substantially
~.' increase the danger of the pursuit.
~ ~ 2. Road conditions are congested by traffic or pedestrians, such as, at
-~ rush hour or in the area of any school
.... C. - The termination of a pursuit does not prohibit following the pursued vehicle
~-:- at a safe speed or remaining in the area to re-initiate contact if
-: circumstances dictate.
REPORTING
A. The pursuing officer and watch supervisor will forward a written report
detailing the pursuit to the Division Commander before completing their
tour of duty. The report shall include:
1. Evaluation of the circumstances involved.
2. If the initiating officer followed the required procedures.
3. Were there other units involved and did they follow procedures.
4. Did communications perform their responsibilities.
5. Did supervisors perform their responsibilities.
6. Was force used to stop the vehicle, i.e. roadblocks or controlled
stopping devices.
7. Were procedures followed regarding termination of pursuits.
B. The supervisor of the unit initiating the pursuit shall be responsible for
submission of a written analysis and critique of the pUrsuit through the
chain of command to the Chief of Police. The report shall include an
OPS-02.12
evaluation of the pursuit referring to the circumstances and adherence to
this policy.
C. A vehicular pursuit is deemed a "use of force", hence a Use of Force
report must be completed.
D. As a vehicular pursuit is deemed a "use of force", the Department's Use of
Force policy and Use of Force continuum apply to vehicular pursuits.
~i of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
OPS-12.1
IN CAR
RECORDING
DEVICES
Date of Issue General Order Number
July 30, 1999 99-08
Effective Date Section Code
August 4, 1999 OPS-12
Reevaluation Date t Amends / Cancels
August 2001 I NEW
C.A.L.E.A. Reference
41.3.8 99-06 Traffic
INDEX AS:
Use of Fome Traffic Stops
Internal Investigations
Evidence
Evaluations
I. PURPOSE
The purpose of this policy is to identify when in car recording devices should be
used and procedures to be followed when using the recording equipment.
II. POLICY
It is the policy of the Iowa City Police Department to use in-car recording devices to
collect evidence and document interactions between officers and the public. Only
approved equipment will be used by department members and usage shall comply with
the manufacturers instructions. Only those members trained in the use of the recording
devices are authorized to use the equipment. All tapes are the property of the Iowa
City Police Department. Any distribution of a tape or portion of a tape shall be with the
authorization of the Chief of Police or his/her designee. The playing or copying of any
unauthorized tape is prohibited.
OPS 12.2
III. DEFINITIONS
In-Car audio/video recording equipment consists of; a camera, control unit,
videotape and monitor. The VCR unit is mounted in the vehicle, a remote control
is on the officer's belt and the microphone is worn on the officer's uniform.
IV. PROCEDURES
The use of in-car video and audio equipment will allow officers to collect
evidence for use in the prosecution of those charged with a violation. Other
appropriate uses of the recorded information include but are not limited to:
A. review of an incident prior to a court appearance;
B. recorded information may be used or subpoenaed into court for civil and/or
criminal cases;
C. provide documentation of incidents which do not result in charges;
D. assist in the report writing process;
E. recorded material may be used in or provide the basis for training.
The Commander of Field Operations or his/her designee will supervise the use,
storage, duplication and erasing of the material recorded by members of this
department.
If an officer notices that there is a problem with the equipment, he/she shall
notify a watch supervisor. The watch supervisor will forward notification of the
problem or malfunction to the Commander of Field Operations or his/her
designee. Only persons trained in the servicing of audio/visual equipment will
service the equipment. Any defective unit will not be used, and when practical,
will be removed from the vehicle until repaired.
Only those officers who have been trained in the use of audio/visual recording
equipment may operate the equipment. If an officer who is not trained in the use
of the equipment if assigned to a vehicle containing the equipment, a tape will
not~.be inserted into the unit.
::: O~ficers are not required to inform person(s) that the recording equipment is in
, iL us~ but shall disclose its use upon inquiry.
F EQUIPMENT
,", n-ca'r audo/vsua recording units will be installed such that they are
'~ ~automatically turned on when the emergency lights of the police vehicle are
activated. All traffic stops should be recorded in their entirety. Officers should,
to the extent possible, use the recording equipment to document the
administration of field sobriety tests, remembering that safety is the first priority.
When the use of the recording unit is initiated, officers may have occasion to
turn the recording device off. In these instances the officer shall articulate the
purpose for turning the unit off prior to turning the unit off. (I.e. taking of an
accident report at the scene after establishing identity of those involved, motorist
OPS 12.3
assist, parking calls) This does not preclude the use of the equipment in these
.;2tyl:)e S.ituati(~n:s if the officer elects to do so.
i~! In addition to traffic stops, officers should manually activate the recording
eq:Uiprnbh~.'~n calls for service and on self initiated field activity. This may be
done from the car or via the remote attachment. On calls for service and self
initiated field activity, officers should not stop the recording until the call is
terminated. In instances where the recording must be interrupted the officer
shall articulate the reason for the interruption prior to turning the equipment off.
While in contact with citizens officers should, to the extent possible, provide a
narrative of the activity(s) being recorded. Upon termination of the contact the
officer should provide a brief synopsis of the contact including the subject's
name prior to turning off the recorder.
The use of privately owned or rented tapes on in-car audio/video recording
equipment owned by the iowa City Police Department is strictly prohibited.
TAPE CONTROL
Officers will be provided with two tapes. The tapes will have a label affixed
which contains the identification number of the tape, the number of the officer to
whom the tape was assigned and the date assigned. Each officer will insert their
tape into the tape machine at the beginning of their watch. At the end of each
watch, the officer will remove the tape and write any case numbers on the tape
label. When the officer next returns to work he/she will re-insert the tape, starting
at the ending point from his/her previous watch. When a tape becomes full, or
the indicator on the recording equipment indicates the tape is nearly full, the
officer will insert a blank tape. When practical the officer will contact a watch
supervisor to surrender the full tape and receive a blank tape. The date the tape
was surrendered will be recorded on the label.
Tapes which contain documentation of felonies, vehicle pursuits or other critical
incidents as determined by watch supervisors, shall be removed from service a
soon as practically possible. A watch supervisor will supply the officer with a
blank replacement tape. An officer may request that a tape be removed from
service if he/she believes it contains information of a critical nature. This
request will be to a watch supervisor who will make the final determination.
If the tape contains documentation of a use of force, the tape number should be
included in the Use of Force Report form. In instances where there is a citizen
complaint against a member of the department, the supervisor receiving the
complaint shall ascertain if the action being complained about was recorded. If
so, the tape number shall be included on the Internal Affairs Registry.
Tapes which the officer believes, are evidentiary in nature shall be submitted
along with a property form to the evidence technician. To the extent possible,
the officer should indicate the approximate location of the evidentiary section on
the property form. i.e. include tape counter number on the form.
ePS 12.4
All "full" tapes will be retained for a period of at least 90 days. If within the 90-
day period it is learned that the tape needs to be kept in excess of 90 days, the
officer will notify the Commanding Officer of Field Operations in writing. Notice
will consist of, type of incident, tape number and reason for keeping the tape in
excess of the 90 days. (I.e. notice of a court date which is outside the 90-day
limit and the tape is of evidentiary value) Extensions will be reviewed monthly.
Full tapes will be kept in the tape cabinet. Watch supervisors will record each
time the cabinet is entered and any tapes submitted or removed from the
cabinet.
Only the Commanding Officer of Field Operations or his/her designee will erase
tapes. Tapes must be erased prior to being returned to service. Tapes will not
be erased until the 90-day period has expired. If an officer observes a quality
problem with the tape, he/she should notify a supervisor when practical and
exchange the tape. Officers are prohibited from "taping over" existing footage.
The watch supervisor will select at random at least two tapes per officer per year
for review. The purpose of this review is to ensure the recording equipment is
being operated in accordance with departmental policies. A log will be
maintained by the watch supervisor indicating the officer, date, and tape
reviewed.
· ': ': R. J Wi~kelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with resl~ect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.