ORANGE
COUNTY
SHERIFF'S
OFFICE
GENERAL
ORDER
Effective
Date:
August
3, 2007 |
x Rescinds
- G.O. 461.0 (April
27, 2006)
o Amends |
Number: 8.1.7 |
SUBJECT: VEHICLE APPREHENSION / PURSUIT POLICY |
Print Date:
|
Distribution: ALL SWORN AND
COMMUNICATIONS PERSONNEL |
CALEA Standards: 41.2.2, 41.2.3, 61.3.4
CFA
Standards: |
This order
consists of the following:
1. Purpose
2. Policy
3. Definitions
4. Procedures
1. Purpose
The purpose of
this policy is to establish the guidelines for vehicle apprehensions and pursuits.
2. Policy
The Orange
County Sheriff’s Office will make every reasonable effort to stop violators. The protection of life, both civilian and law
enforcement, is the foremost concern that governs this policy. Deputies must balance the need to stop a suspect
against the potential threat to themselves and the public created by a pursuit or
apprehension.
3. Definitions
A. Active
Participants – all deputies who directly follow the vehicle pursuit (Vehicle 1, 2,
K-9) or take overt action to stop the vehicle.
B. Diversionary
Traffic Stop – a system of covert vehicle maneuvers, utilizing a minimum of three
vehicles, tactically parked, resulting in the immobilization of the target vehicle.
C. Electronic
Tracking – equipment that is in a vehicle that allows it to be tracked from a remote
location. This is either done through a proprietary means or by the use of G.P.S.
Satellites, or some other combination.
D. Paralleling
– following a similar course as the suspect by operating on adjacent roads to where
the suspect is driving.
E. Primary Pursuit
Vehicle – the emergency unit that is immediately behind the suspect.
F. Reasonable
Suspicion – knowledge sufficient to induce an ordinarily prudent and cautious deputy
to believe criminal activity is at hand. It
must be based on specific and articulable facts which taken together with rational
inferences from those facts, reasonably warrant intrusion (per G.O. 7.1.1).
G. Secondary
Pursuit Vehicle – the emergency unit that trails the primary pursuit unit.
H. Stationary
Roadblock (Channelization) – tactic designed to offer a limited path of travel to a
moving violator vehicle. The channelization is designed to offer an obstacle to the
violator and makes use of a display of force and Stop Sticks® should the violator choose
to proceed through the path of escape (channel).
I.
Tactical Parking – the positioning of
one or more agency vehicles, marked or unmarked, in a position to eliminate the fleeing of
a suspect vehicle from a parked position or traveling less than ten (10) miles per hour.
J. Termination
– when agency members discontinue the attempt to stop and/or apprehend a suspect
vehicle.
K. Tire Deflation
Devices – equipment designed to be placed in the path of an oncoming violator vehicle
and struck by that vehicle. When struck the affected tires are pierced by
objects that let a controlled amount of air out of the tire. These tire deflation devices
are to be used only in a manner consistent with training.
Stop Sticks® may be used on vehicles that are traveling greater than ten (10)
miles per hour and Piranha® and/or Barracuda® devices may be used on parked/stopped
vehicles or those traveling less than ten (10) miles per hour.
L. Traffic
Stop – an attempt by a deputy utilizing emergency equipment, hand signals, etc., to
stop a motor vehicle.
M. Vehicle
Apprehension Techniques – the tactics and strategies that are designed to take a
suspect into custody who is in a moving or parked motor vehicle that includes, but are not
limited to, tactical parking, diversionary traffic stops, utilization of controlled tire
deflation devices, stationary roadblocks (channelization), or other approved tactics.
N. Vehicle Pursuit
– an attempt by a deputy in an authorized emergency vehicle to apprehend a fleeing
suspect who is actively attempting to elude the police.
O. Watch Commander
– A sworn supervisor or manager holding the rank of Commander or above (Sergeant in
the case of “Acting Watch Commander”) that assumes tactical
control/responsibility for the pursuit/apprehension event.
P. Exigent
Circumstances – those situations that fall outside the normal scope of operation or
policy and require immediate aid or action. In
exigent circumstances, if authorized by a Watch Commander or above, a deputy may pursue
only if there is a reasonable belief that the continuing conduct of the violator presents
an immediate and life threatening danger to the public, deputy(ies) or the violator.
4. Procedures
A. Decision to
pursue
1. Deputies
may engage in a vehicle pursuit when they have a reasonable suspicion to believe that a
fleeing suspect has committed or has attempted to commit or has a warrant for one of the
below listed violent forcible felonies:
a. Murder
b. Manslaughter
c. Sexual
battery
d. Carjacking
e. Home
invasion
f. Robbery
with a weapon or firearm (implied or actual)
g. Kidnapping
h. Aggravated
battery
i. Aggravated
assault with a firearm
j. Aggravated
assault on a law enforcement officer
k. Unlawful
throwing, placing, or discharging of a destructive device or bomb
2. A Watch
Commander may authorize the pursuit of a vehicle, when reasonable suspicion exists,
indicating a domestic security threat. This
decision shall be based upon credible information from a reliable source, i.e., FBI,
Homeland Security, etc.
3. A Watch
Commander may authorize the pursuit of a vehicle when exigent circumstances exist and
there is a reasonable belief that the continuing conduct of the violator presents an
immediate and life threatening danger to the public, deputy(ies) or the violator.
4. Suspects
who are wanted for violation of probation (VOP) for any offense shall not be considered a
suspect in the aforementioned crimes. Therefore,
pursuits are not authorized for VOP warrants.
5. Pursuits
for misdemeanor offenses, non-forcible felonies, traffic, or civil infractions are
prohibited.
6. The
decision to initiate a pursuit must be based on the deputy’s conclusion that the
immediate danger to the public created by the pursuit is less than the immediate or
potential danger to the public should the suspect remain at large. Many factors have bearing on this decision,
including, but not limited to:
a. The
originating offense meets the policy threshold for pursuit.
b. Alternative
means of apprehension.
c. Nature of
the suspected violent forcible felony.
d. The
potential for endangerment of the public caused by the eluding acts of a fleeing violator.
e. The amount
of vehicle and/or pedestrian traffic.
f. Possibility
of identifying the operator and/or vehicle at a later date.
g. Daylight
or darkness.
h. Weather
conditions.
i. Road
conditions.
j. Type
of police vehicle.
k. Vehicle
speeds.
l. Quality
of radio communications between pursuing deputies, the dispatcher and the supervisor.
m. Actions of the
person being pursued.
7. Once the
decision has been made to engage in pursuit, the above listed factors shall continue to be
given careful consideration in determining whether to continue the pursuit.
8. Deputies,
supervisors, and commanders at all levels have a responsibility to closely monitor the
progress of each pursuit. The need for
apprehension must be constantly weighed against the potential danger created by the
pursuit.
B. Vehicle Pursuit
Communications
1. Upon
initiation of a vehicle pursuit the deputy should immediately notify the dispatcher of the
vehicle pursuit providing description of the vehicle, tag number, occupants, location and
direction of travel, reason for the vehicle pursuit and request emergency traffic on the
radio.
2.
If a deputy is not working on a primary talkgroup and engages in a vehicle pursuit,
he or she shall immediately notify the primary talkgroup
operator of the pursuit. The deputy or supervisor in charge shall request a patch of the
two talkgroups if needed
3. The
dispatcher shall ensure the supervisor of the deputy involved in the vehicle pursuit, or
the on-duty patrol supervisor, is advised of the pursuit via the radio. The supervisor in
charge shall acknowledge via the radio his/her knowledge of the vehicle pursuit in
progress.
4. Communications
will advise other units on all primary talkgroups and notify the Aviation unit(s) and K-9
unit(s) to respond.
5. The radio
talkgroup on which the vehicle pursuit is conducted will be the sector
talkgroup in which the vehicle pursuit started.
6. If the
vehicle pursuit goes into another sector from which it started, the radio
traffic continues on
the originating talkgroup. As the vehicle
pursuit enters another sector, the dispatcher shall patch the talkgroups rather than have
the pursuing deputy switch channels. If the
pursuit continues out of county, Communications will determine the appropriate talkgroup
to utilize.
7. Any
deputy, whether or not an active participant in the pursuit, shall notify the supervisor
in charge of the pursuit of any pertinent tactical considerations including, but not
limited to, the suspect’s driving behavior, i.e., violation of traffic laws, near
collision, and upcoming road hazards such as school zones, vehicle and pedestrian traffic,
road conditions, etc.
8. When the
order to discontinue a pursuit is given, the dispatcher shall activate the alert tone and
announce, “All units discontinue the pursuit.”
Active participants involved in the pursuit shall acknowledge their termination via
radio commencing with the primary pursuit vehicle.
9. Any deputy
who observes a vehicle not in compliance with the order to terminate a pursuit, shall
immediately notify the supervisor of the situation. The
supervisor shall conduct an inquiry to determine the reason for non-compliance and handle
according to policy.
C. Conduct of the
Vehicle Pursuit
1. The
primary pursuit vehicle and the secondary pursuit vehicle will be the only ground vehicles
to pursue a fleeing vehicle, unless specific authorization has been granted by a
supervisor.
a. When
possible a K-9 deputy will be utilized to assist the primary and secondary vehicles in a
vehicle pursuit.
b. When a K-9
deputy is utilized in a vehicle pursuit, (not as the primary vehicle) the K-9 deputy will
maintain the number three (3) position during the vehicle pursuit.
2.
The
supervisor may authorize additional vehicles to assist for officer safety.
3.
The secondary pursuit vehicle shall
not follow too closely and shall not attempt to pass the primary pursuit vehicle unless
the primary pursuit vehicle is forced to drop out of the vehicle pursuit.
4. The
continuous operation of emergency lights and sirens is required for all units directly in
pursuit of the suspect. All other units
actively involved will maintain operational control of their emergency lights and sirens.
5. Existing
conditions and the availability of other road patrol or Aviation units will be used to
determine the course of action taken to apprehend a fleeing suspect.
6. Available
back up units will remain in their assigned zones, unless otherwise directed. However, back up units will move to the area of
their zone that is closest to the location of the vehicle pursuit. Units assigned to
duties other than patrol shall not become active participants in any vehicle pursuit
unless directed to do so by a supervisor or pursuing deputy.
7. Deputies
should attempt to provide for due care and safety of the public by protecting them from
inadvertently entering the vehicle pursuit area.
8. Deputies
in unmarked vehicles and on motorcycles may initiate a pursuit, using due care, and using
proper emergency equipment (emergency lights and siren) until a marked vehicle can take
over the vehicle pursuit.
D. Responsibilities
1. Primary
Pursuit Vehicle
a. Maintain
contact with the suspect.
b. Give
initial location, direction of travel, suspect and vehicle description and crime committed
information via radio.
c. Constantly
evaluate all factors to continue or discontinue the pursuit.
d. Assume
responsibility for completion of applicable reports stemming from the vehicle pursuit.
2. Secondary
Pursuit Vehicle
a. Handle all
ongoing communications via radio relating to direction(s) of travel, additional suspect
description(s), and all matters relating to the actual pursuit. This shall not restrict the supervisor from giving
instructions or other information directly to any vehicle(s) involved or to the
dispatcher.
b. Assist the
primary pursuit vehicle as necessary.
c. Constantly
evaluate all factors to continue or discontinue the pursuit on the radio.
d. Assist the
primary pursuit vehicle with the required documentation pertaining to the pursuit.
3. Supervisor
in Command
a.
Shall immediately take command and control of the vehicle pursuit.
b. Shall have
overall responsibility for the decisions concerning continuance or discontinuance of the
vehicle pursuit.
c. Shall be
in command of the vehicle pursuit tactics.
d. Shall
constantly evaluate all factors to continue or discontinue the pursuit.
4. Watch
Commander/Shift Commander
a. Shall
monitor the vehicle pursuit and ensure compliance with this General Order.
b. Shall
immediately take command and control of the vehicle pursuit in the event a supervisor
fails to do so, or to correct decisions.
c. Responsibility
for vehicle pursuits that cross sector boundaries rests with the supervisor or Watch
Commander of the sector in which the vehicle pursuit began, unless control is taken over
by a deputy of higher rank.
d. Shall
constantly evaluate all factors to continue or discontinue the pursuit.
5. K-9
a. When
possible, K-9 deputies will be utilized as vehicle number three and will stay close enough
so the K-9 may be utilized in the apprehension or tracking of suspect(s) if necessary.
b. The
utilization of K-9 will be coordinated through the supervisor in command.
c. K-9 units
actively engaged in the vehicle pursuit will complete a Supplemental Report detailing
their actions.
6. Aviation
a. Aviation
units will be requested to respond to all vehicle pursuits.
b. If the
Aviation flight crew makes visual contact with the vehicle being pursued, they will
immediately advise the surface units. The
flight crew will keep the supervisor apprised of the suspect’s location for other
available tactical apprehension options.
c. The flight crew shall call off a pursuit if they observe safety
concerns based on the significant factors as listed in section 4(A)(5) of this policy.
d. If the
Aviation flight crew observes an agency vehicle actively engaged in a pursuit after an
order has been issued to disengage, the flight crew shall advise the supervisor in command
of the vehicles identification via radio.
7. Dispatcher
a. Ensures
the road supervisor is aware of the vehicle pursuit.
b. Ensures
the Communications supervisor is notified of the pursuit.
c. Advises
and keeps other units informed of the vehicle pursuit.
d. Ensures
the appropriate patching of talkgroups is completed when necessary.
E. Multi-Jurisdictional
Vehicle Pursuits
1. Vehicle
Pursuits from Orange County into another
County
a. Deputies
engaged in a vehicle pursuit that leaves Orange County may continue
the pursuit into another county provided the deputy has the approval of the supervisor in
command of the vehicle pursuit.
b. The
dispatcher is responsible for promptly notifying the county into which the vehicle pursuit
is traveling. This notification should include but is not limited to the following:
1. Vehicle
and suspect descriptions.
2. Details of
the charges.
3. Any
available data on the vehicle pursuit, such as length, speeds, and suspect's driving
skills displayed.
c. The county
into which the vehicle pursuit is traveling is responsible for determining if they will
assist with the pursuit.
1. If the
county into which the vehicle pursuit is traveling determines they will assist with the
pursuit, we will request personnel from that agency assume command of the vehicle pursuit
once a deputy from that county joins the pursuit.
2. Upon the
arrest of the suspect being pursued, the requirements of Section 901.25, Florida State
Statutes, shall be followed. (This section
directs that the arrestee be taken before a judge of the county in which the arrest is
made.)
d. Deputies
of the Orange County Sheriff's
Office engaged in a
vehicle pursuit outside Orange County shall continue
to follow all policies and procedures of the Orange County Sheriff's
Office.
2. Vehicle
Pursuits from Other Jurisdictions Entering Unincorporated Orange County.
a. If a
vehicle pursuit being conducted by a municipality or an adjoining county enters
unincorporated Orange County, Orange County
Sheriff's
Office Communications
will attempt to obtain the following information.
1. The reason
for the vehicle pursuit.
2. Details of
the criminal charges.
3. Vehicle
and suspect information.
4. Any
available data on the vehicle pursuit such as length, speeds, and suspect's driving skills
displayed, etc.
b. If it is
determined by an Orange County Sheriff's
Office sworn
supervisor that continuing the vehicle pursuit is a detriment to public safety, the
pursuing agency will be asked to immediately discontinue the vehicle pursuit. This notification will be made by the Orange County
Sheriff's
Office
Communications.
c. In the
event the pursuing agency fails to terminate the vehicle pursuit, Orange County Sheriff's
Office deputies
should attempt to provide for due care and safety of the public by protecting them from
inadvertently entering the vehicle pursuit area.
d. If the
decision is made to continue the vehicle pursuit, the Orange County Sheriff's
Office
Communications shall inform the pursuing agency that once the vehicle pursuit is in
unincorporated Orange County, command of
the vehicle pursuit is the responsibility of the appropriate Orange County Sheriff's
Office supervisor.
e. Once the
appropriate Orange County Sheriff's
Office sworn
supervisor assumes command of the vehicle pursuit, that supervisor shall monitor the
pursuit and either terminate the vehicle pursuit or actively attempt to apprehend the
violator according to this General Order.
f. If
an arrest is made, the requirement of Section 901.25, Florida State Statutes, shall be
followed. (This section directs that the
arrestee be taken before a judge of the county in which the arrest is made.)
F. Termination
of Pursuit
1. When a
supervisor, a manager, the primary pursuit vehicle, or flight crew member directs that a
vehicle pursuit be terminated, all deputies will do so immediately by ceasing to follow or
attempting to apprehend the fleeing vehicle in any way.
The deputies involved will turn off all emergency equipment when it is safe to do
so. When it is safe to do so, the deputy shall
pull over to the side of the road and stop, or turn in another direction away from the
suspect. If this is unsafe, the deputy shall continue at or below the posted speed until
the above can be accomplished. The
Communications dispatcher shall utilize the Alert Tone and broadcast over the appropriate
radio channels that the vehicle pursuit has been terminated.
Each active participant in the pursuit shall acknowledge their termination via
radio. Deputies shall conform to all traffic
laws once no longer engaged in the vehicle pursuit.
2. Any
attempt to reengage a suspect in a vehicle after the pursuit has been terminated must be
authorized by the Watch Commander.
G. Vehicle
Apprehensions/Vehicle Pursuits Involving a Traffic Crash Resulting in Serious Bodily
Injury and/or Death
1. The Watch
Commander shall notify the on-call Professional Standards supervisor of the incident. The Professional Standards supervisor will respond
to the scene.
H. Post Pursuit
Reporting and Review
1.
An Incident
Report shall be completed by the Primary Pursuit Vehicle and a Supplement Report by active
participants in the pursuit. All vehicle apprehension tactics used or attempted shall be
documented in the Incident Report with the deputy’s name and description of the
technique employed (tire deflation devices, road blocks, etc.).
2. The
Vehicle Pursuit Form shall be completed as follows:
a. When
engaged in a vehicle pursuit.
b. Or when
directed by a supervisor.
3. The
Vehicle Pursuit Form shall be completed by the deputy conducting the vehicle pursuit and
submitted to the next level of supervision prior to the end of the shift.
4. The
deputy's supervisor shall ensure the Vehicle Pursuit Form is properly completed and verify
compliance with agency written directives. The
deputy's supervisor shall critique the incident. If
necessary, the supervisor shall document any problems or concerns that may impact the
conduct of future vehicle pursuits.
5. The
deputy's supervisor shall sign the Vehicle Pursuit Form and forward it via chain of
command to the appropriate Division Commander. The
Division Commander shall review the circumstances of the pursuit to ensure compliance with
all appropriate agency written directives. The
Division Commander, upon completion of the review, shall distribute the form as follows:
a. White copy
– Professional Standards
b. Yellow
copy – Research & Development
c. Pink copy
- Training
6. Should the
Division conduct an inquiry into the pursuit, all documentation from the inquiry shall be
attached to the Pursuit Form and forwarded to Professional Standards.
7. Any
vehicle pursuit determined to be in violation of agency directives shall be handled in
accordance with General Order 5.1.0.
8. The
Division Commander shall forward copies of all documentation regarding pursuits to
Professional Standards. Professional Standards
will conduct an investigation of any vehicle pursuit or apprehension that results in
serious bodily injury or death or upon the request of a Division Commander.
9.
Training shall conduct an annual documented analysis of all vehicle pursuit reports
in order to identify compliance to policy, specific patterns or trends that indicate
training needs and/or policy modifications. This
analysis shall be distributed to the Sheriff and the Command Staff.
I. Criteria
for Utilizing Vehicle Apprehension Techniques
1. Vehicle
apprehension techniques may be utilized if the deputy reasonably believes, with the
totality of the circumstances, that they may employ such techniques without creating undue
risk to themselves and the public.
2. If an
apprehension technique is utilized during a vehicle pursuit and the technique is
unsuccessful, the supervisor shall be notified as he/she must approve the use of any
additional apprehension techniques.
3. If an
apprehension technique, other than a tire deflation device, is utilized in an attempt to
apprehend a vehicle for anything other than an approved vehicle pursuit and that effort
fails, no further attempts to apprehend the vehicle will be made. The use of Piranha® and/or
Barracuda® tire deflation devices, in conjunction with a tactical park, shall be
considered a single apprehension technique.
J.
Authorized Techniques for Vehicle Pursuits
1. Tire deflation
devices (Stop Sticks®)
Stop Sticks®
may be utilized during pursuits as a technique to attempt to stop the fleeing vehicle.
a. Stop
Sticks® shall only be deployed by personnel who have received training.
b. Stop
Sticks® shall not be deployed to terminate motorcycle pursuits.
c. Deputies
involved in the deployment of Stop Sticks® shall redirect civilian vehicle traffic away
from the deployment area.
d. Stop
Sticks® are designed to be employed when the vehicle to be apprehended is traveling at
ten (10) miles per hour or greater. Tire
deflation devices are not as effective at lower speeds.
e. Upon
deployment of the Stop Sticks®, deputies will immediately notify the supervisor of the
success or failure to stop the vehicle.
2. Stationary
Road Block
(Channelization) may be authorized if the circumstances surrounding the vehicle pursuit
justify the need.
a. Authorized
by a Commander or above.
b. All
Stationary Road Blocks (Channelizations) must be illuminated with flares or patrol vehicle
overhead emergency lights and emergency lighting equipment.
Proper care must be given to avoid completely blinding the fleeing driver.
c. Stop
Sticks® shall be used if available.
d. This
technique shall only be used by personnel who have received training provided by Training.
e. The deputy
shall immediately notify the supervisor of the success or failure to stop the vehicle.
K.
Authorized Techniques for Vehicle Apprehensions
1. Traffic
stop
Due to the
public’s concern for safety, there may be circumstances where a deputy initiates a
traffic stop and the violator declines to stop, yet makes no effort to elude or attempt to
flee. The deputy is authorized to follow the
violator to a populated, well lit area, while driving in accordance with traffic laws. The deputy will immediately discontinue should the
violator make any effort to flee or elude.
2. Piranha®
and Barracuda®
These tire
deflation devices may be used by deputies as a pursuit prevention measure for stationary
vehicles or vehicles traveling less than ten (10) miles per hour. They may be used for the following:
a. Authorized
Driver Safety/DUI checkpoints
b. Suspect
surveillance
c. Buy/Bust
drug operations
d. Warrant
Service
e. Other
situations where the movement of a stationary vehicle must be prevented.
f. Diversionary
traffic stop
3.
Diversionary Traffic Stop
A system of covert vehicle
maneuvers, utilizing a minimum of three vehicles tactically parked, resulting in the
immobilization of the target vehicle. This
technique is only authorized when all involved participants have successfully completed
the diversionary traffic stop class.
a.
Civilian Safety
Special attention will be paid to civilians
in the area so their safety is not jeopardized.
b.
Cross-Fire
Deputies must be aware of the
potential for a cross-fire. If firearms become
involved, deputies should position themselves for maximum safety.
c.
Deputies shall take a position that does not place them in the path of the vehicle.
(Note: this does not apply to the deputy positioning for an auto trap technique.)
d.
Terminating the Procedure
1.
If there is an indication from the suspect that he/she is aware of the
vehicles’ presence and alerted to this tactic, this method will not be utilized.
2.
The deputy in the primary apprehension vehicle or the supervisor in charge will
direct the actions of all vehicles involved in the Tactical Parking Procedure.
e. The deputy
shall immediately notify the supervisor of the success or failure to stop the vehicle.
4. Tactical
Parking
The positioning
of one or more agency vehicles, marked or unmarked, in a position to eliminate the fleeing
of a suspect vehicle from a parked position or traveling less than ten (10) miles per
hour.
L. Vehicle
Apprehension Form
1. A Vehicle
Apprehension form will be completed for the following:
a. When a
deputy conducts a traffic stop as defined in this policy and the violator refuses to
comply with the command.
b. When a
vehicle apprehension tactic is utilized in an attempt to apprehend a suspect vehicle not
involved in a vehicle pursuit.
2. The
deputy’s supervisor shall ensure the Vehicle Apprehens | 