PURSUIT 12.2D
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: EMERGENCY VEHICLE OPERATION/PURSUITS
GENERAL ORDER: 12.2D
EFFECTIVE: April 1, 2004
REVISES: G.O. 12.2C
PAGES: 9
CONTENTS:
This order consists of the following numbered sections:
I. GENERAL
II. LIGHTS, NO SIREN EXCEPTIONS
III. EMERGENCY RUN INITIATION
IV. PURSUITS
V. INTERVENTION
VI. TERMINATION OF PURSUIT
VII. PURSUIT OUTSIDE JURISDICTION
VIII. OTHER AGENCY PURSUITS
IX. ARREST OTHER JURISDICTION
X. ADMINISTRATIVE REVIEW
XI. GLOSSARY
PURPOSE:
To provide guidelines for the safe operation of Police Department vehicles in emergency and pursuit
situations.
SCOPE:
This order applies to all Police Department members.
DISCUSSION:
It is imperative that guidelines are established for the safe and effective operation of Police Department
vehicles. A law enforcement officer may operate his or her vehicle in an emergency mode when responding to situations
where an immediate presence or interdiction is necessary. However, the safety of the public must also be considered.
Florida law authorizes the use of emergency lights (red or blue) on all police vehicles engaged in the performance of
necessary duties, i.e., pursuits (F.S. 316.2397), while en route to meet an existing emergency, etc. In each case, the
emergency vehicle may use either sirens or red/blue lights (F.S. 316.126). However, it is the policy of the Police
Department to use both sirens and blue lights.
POLICY:
Police Department vehicles will be operated in conformance to law and agency guidelines. Members will
drive with due regard for public safety.
PROCEDURE:
I. GENERAL:
A.
Only sworn members may operate a vehicle in an emergency mode.
G.O. 12.2D
B.
Only vehicles equipped with emergency lights, a siren, and a mobile radio transceiver may be operated in an
emergency mode.
C.
A member will not operate an agency vehicle in an emergency mode unless responding to an emergency call for
service, or in pursuit.
D.
Police Department emergency vehicles operated in an emergency mode will use emergency lights and siren. In
daylight hours, flashing headlights may be used for added visibility.
E.
A member engaged in emergency vehicle operations may:
1.
Exceed the speed limit after weighing the risks of danger to life and property, and after considering road, traffic,
and weather conditions.
2.
Go past a red stop signal or a stop sign, but only after slowing or stopping as may be necessary for safe operation.
However, a Police Department vehicle will not enter a controlled intersection against the directed flow of traffic at a
speed greater than reasonable. The driver will be sure that cross-traffic flow has yielded in each lane before attempt-
ing to cross that lane.
3.
Disregard regulations governing direction or movement, or turning in specified directions after considering or
weighing the risks of injury to life or property.
4.
Disregard the laws governing the parking of vehicles under ordinary circumstances, except a Police Department
vehicle will not block access to a fire hydrant at a fire scene or in any way obstruct the passage of fire apparatus.
(Marked Police Department vehicles should be strategically parked in roadways to protect accident scenes,
injured persons, or officers directing traffic. When such use is practical, the emergency lights and the four-way
flashers will be activated.)
F.will not
Police Department vehicles being used to transport prisoners or witnesses engage in emergency response
without a supervisor's approval.
G.
The provisions of Section E do not relieve the driver of an emergency vehicle from the duty to drive with due
regard for the safety of all persons. These provisions will not protect the driver from the consequences of reckless
disregard for the safety of others (F.S. 316.972(5)).
II. LIGHTS, NO SIREN EXCEPTIONS:
All units responding in an emergency mode will use emergency lights and
siren continuously, except as follows:
A.
Lights, without a siren, may be used when responding to a felony in progress when the siren would warn the
suspect or endanger the lives of any victim or hostage. Units responding with lights and no siren will continue with
extreme caution and safety. Such units should not go through any intersection without first slowing to ensure the safety
of all pedestrians and motorists.
B.
When responding to an emergency call, a siren may be stopped while passing through residential areas during the
late night or early morning hours. The emergency lights must be on and the responding unit must slow at each
intersection or crossing.
III. EMERGENCY RUN INITIATION:
A.
The authority to initiate emergency operation of an agency vehicle will be at the discretion of the officer, based
upon available information and the officer's training and experience. Prior approval by a supervisor is not required.
B.
Pursuit is justified only when the officer has probable cause to believe that a forcible felony has or is about to
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G.O. 12.2D
be committed
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. A forcible felony, for the purpose of this policy, shall mean murder, armed robber, sexual battery, arson or
use of explosive devices to a structure presumed to be occupied, kidnapping, armed burglary, or any felony
which involves the use or threat of deadly force against an individual.
2.
This policy shall not prohibit the pursuit of a suspect where the suspect presents imminent danger of serious
bodily injury or death to any person or persons, or where failure to pursue may result in grave injury or death to
an individual, such as DUI or leaving the scene of an accident involving serious injury or death. In these cases,
the officer must be able to articulate the reason completely as to why a pursuit was initiated under these
conditions.
3.
All other pursuits are prohibited.
4.
No assignment shall be of such importance, and no task shall be expedited with such emphasis, that the
principles of safety become secondary. Nothing justifies the reckless disregard of the safety of innocent
persons.
C.
Pursuits will be terminated as directed in Section VI of this order, when immediate apprehension cannot be made
with reasonable safety. The officer will attempt to obtain sufficient information to make an arrest later.
D.
Patrol supervisors are responsible for monitoring, upgrading, or downgrading, and controlling the number of units
responding to an emergency call for service. The supervisor may initiate or countermand an emergency run if
necessary. Factors to consider include:
1.
Type of emergency;
2.
Responding officer's experience;
3.
Traffic and weather conditions; and,
4.
Public safety as opposed to the emergency.
IV. PURSUITS:
A. General:
When engaged in pursuits, officers will follow the listed guidelines:
1.
Officers will use emergency lights and siren throughout the pursuit and comply with F.S. 316.126, and this order.
2.
Only two agency vehicles may pursue actively: a primary unit and a secondary unit.
3.
A secondary unit will not pass the primary pursuit unit unless authorized by the primary pursuit officer.
4.
Primary and secondary units will not drive parallel to each other during the pursuit, except during an authorized
pass or during a “boxing-in.”
5.
Pursuit units will not drive on the wrong side of any roadway, interstate highway, controlled access highway,
on/off ramps, divided highway, or the wrong way on one-way streets.
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. Only 4 wheeled police vehicles and the marine unit will be permitted to enter into a pursuit; the police bicycle will
not enter into pursuits.
B. Primary Unit Responsibilities:
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G.O. 12.2D
1.
The primary unit is responsible for continually evaluating the circumstances of the pursuit and terminating it if it
exceeds the limits of this order.
2.
The primary unit will request communications to clear the radio group for emergency radio traffic immediately
and provide communications with the following:
a. Location, direction of travel, and approximate speed of the pursuit;
b. Occupants and vehicle description;
c. Offense committed or attempted;
d. Need for assistance; and,
e. Location where the vehicle is stopped.
3.
The pursuit units will inform communications when a pursuit may be headed toward or has crossed into another
jurisdiction.
a. TPD units will become secondary units if another jurisdiction assumes the primary position of the pursuit.
b. The pursuit may continue according to this general order if another jurisdiction will not assume the primary
pursuit position.
C. Secondary Unit Responsibilities:
1.
The secondary unit is authorized to pursue at a safe distance and to assist the primary unit.
2.
While operating in close proximity of the pursuit, the secondary unit will assist the primary unit with radio
communications, relaying the pursuit location, direction of travel, and any other pertinent information. This will not
restrict the supervisor from giving instructions directly to the primary unit, the secondary unit, or the
Communications Division.
D. Unmarked Units Responsibilities:
1.
Unmarked units may pursue motor vehicles as a primary pursuit unit only until the arrival of a marked unit.
2.
The unmarked unit will continue as the secondary unit until another marked unit arrives. The unmarked unit will
terminate active involvement in the pursuit upon the arrival of the second marked unit.
E. Backup Units Responsibilities:
1.
Additional backup units may be assigned by the pursuit supervisor as needed for the apprehension of violent
fugitives, suspects in major felonies, multiple fleeing vehicles, or multiple occupants in a fleeing vehicle.
2.
Officers not directly involved in the pursuit, who are responding and being coordinated as additional support, will
drive their vehicles in a safe and prudent manner.
3.
All units will refrain from non-emergency radio traffic on the pursuit channel to ensure an open channel of
communications for the pursuing units. The supervisor and the pursuing units are the only exceptions. Unless
otherwise advised, pursuit units will remain on their assigned frequencies.
F. Communications Responsibilities:
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G.O. 12.2D
1.
Upon notification of a pursuit in progress, the Communications Division will immediately:
a. Clear the radio group for emergency radio traffic;
b. Notify the appropriate patrol supervisor of the pursuit; and,
c. Monitor the pursuit and provide communications assistance to those involved.
2.
Upon receiving notification that a pursuit has entered the Village of Tequesta from another jurisdiction or agency,
communications will:
a. Determine the location of the pursuit, direction of travel, and the reason for the pursuit.
b. Use plain language radio transmissions.
c. Relay all decisions relating to pursuit information to affected agencies.
3.
In cases where the pursuit continues into another jurisdiction, the Communications Division will notify the law
enforcement agency within that jurisdiction of the pursuit, its progress, and the known charges against the violator.
G. Supervisor Responsibilities:
1.
The supervisor assigned to monitor the pursuit will:
a. Maintain command of the pursuit until relieved;
b. Solicit all information available and decide to continue or disengage the pursuit;
c. Enforce pursuit procedures.
2.
The supervisor will monitor the pursuit and direct additional assistance as required. Factors in the decision to
assign additional assistance to include, but are not limited to:
a. Nature and circumstances of the offense;
b. Number of suspects; and,
c. Number of officers in the assigned pursuit units.
4.
A pursuit entering another area, region, or jurisdiction will continue to be commanded by the supervisor
authorizing the pursuit.
5.
It is the responsibility of the supervisor to coordinate pursuits entering concurrent jurisdictions or other
jurisdictions. If the vehicle being pursued leaves Tequesta, the supervisor in charge will:
a. Ensure that the jurisdiction being entered is notified of the pursuit.
b. Request the jurisdiction being entered to assume command of the pursuit. TPD units will act as support units.
c. Request support units from the outside agency if the jurisdiction being entered does not assume command.
d. Inform the outside agency of pertinent information.
6.
Supervisors may authorize assistance to other jurisdictions conducting vehicle pursuits. However, the pursuit of
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G.O. 12.2D
vehicles fleeing from other agencies will not be authorized unless it meets the criteria established in this order. When
a pursuit involves other agencies, the following procedures apply:
a. The Communications Division will relay all decisions relating to pursuit information to affected agencies.
b. The authority to stop an inter-jurisdictional pursuit rests with the supervisor authorizing the pursuit.
V. INTERVENTION:
Intervention of a pursued vehicle will only be permitted when all other reasonable means have
failed. Intervention is warranted by the seriousness of the offense or hazard to the safety of persons or property
A.
A supervisor may authorize the use of “boxing-in” if there is a substantial risk the pursued law violator will cause
death or serious physical injury to others if apprehension is delayed.
B.
Fixed roadblocks will not be used as a means to stop a pursued violator.
C.
The on-duty supervisor must authorize the use of the Stinger Spike System or other tire deflation devices. The use
of the Stinger Spike System or similar device is considered a reasonable means to terminate a pursuit.
1.
Only members trained in the use of the tire deflation device being used may deploy the device.
2.
Tire deflation devices will not be used against motorcycles or other two-wheeled vehicles.
3.
Tire deflation devices may be used against fleeing vehicles of non-violent felons that otherwise could not be
pursued, e.g. felonies involving property crimes; however the use of a tire deflation device in this circumstance does
not justify a high speed pursuit of such vehicle if it does not stop, either before or after the deployment of a tire
deflation device.
4.
When a tire deflation device is successfully deployed against a vehicle that otherwise could not be pursued within
the limits of this policy, officers may follow that vehicle in an attempt to apprehend the occupants so long as the
vehicle is not being driven in such a way as to create a risk to the public.
5.
Members will not deploy the Stinger Spike System or any other tire deflation device on vehicles being
pursued into the Village of Tequesta Police Department’s jurisdiction by an outside agency unless instructed
to do so by a patrol supervisor or higher authority.
VI. TERMINATION OF PURSUIT:
A.
Members will terminate a pursuit when:
1.
There is an immediate, serious danger to the public or officers involved;
2.
A supervisor or higher authority orders the pursuit terminated;
3.
The unit in pursuit loses visual contact with the law violator;
4.
The unit in pursuit loses radio contact with the Communications Division; and/or,
5.
There is no longer reasonable belief the felon or suspected felon has committed, attempted to commit, or is
attempting to commit a felony.
B.
Strong consideration should be given to stopping a pursuit when:
1.
The pursuit enters a congested area and an unreasonable hazard to the public exists;
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G.O. 12.2D
2.
The visibility, weather conditions, and/or road conditions limit the probability of a safe and successful end to the
pursuit;
3.
The violator can be identified where later apprehension can be accomplished and the violator is not a threat to the
public.
C.
When a member is in pursuit and the vehicle being pursued enters the wrong way on an interstate highway,
divided highway, or divided roadway, the following options will be used by the pursuing member:
1.
End the pursuit;
2.
Maintain visual contact by paralleling the law violator on the lawful side of the highway;
3.
Request that other members be assigned to observe exits available to the law violator; and/or,
4.
Request that the appropriate outside agency be notified if it appears that the law violator is leaving the jurisdiction.
VII. PURSUIT OUTSIDE JURISDICTION:
A.
An officer in fresh and continuous pursuit may pursue outside his jurisdiction, having communications notify the
affected agency. If another jurisdiction assumes the primary position of the pursuit, all Tequesta units will relinquish
their position as the primary position of the pursuit and follow at a safe distance. The pursuit may continue, at the
discretion of the shift supervisor according to this General Order, if another jurisdiction does not assume the primary
pursuit position.
VIII. OTHER AGENCY PURSUITS:
Members will not engage in pursuits initiated by agencies outside the
Tequesta Police Department’s jurisdiction that enter Tequesta unless instructed to do so by a patrol supervisor or higher
authority. All guidelines and restrictions regarding pursuits described in this general order will be followed. Members
will stop their involvement if the pursuit leaves Tequesta limits.
IX. ARREST OTHER JURISDICTION:
A.
When a member makes an arrest outside Tequesta, the member will immediately have the officer in charge of the
jurisdiction notified.
B.
The pursuing officer and the officer from the other jurisdiction will take the arrestee before a county court judge or
other committing magistrate of the county where the arrest was made without delay
X. ADMINISTRATIVE REVIEW:
A.
Immediately following any pursuit or pursuit assistance provided to an outside agency, all officers involved will
document their involvement. Copies of all reports will be forwarded to the appropriate supervisor.
B. Reporting Responsibilities:
1. Primary Officer:
The primary officer will initiate the original Offense Incident Report.
2. Secondary Officers:
All other officers involved in the pursuit will complete a supplement report on their
involvement.
3. Pursuit Supervisor:
The supervisor in charge of the pursuit will complete a supplement report. This report will
document the supervisor's actions and involvement.
C.
All pursuit documentation will be reviewed by the Operations Lieutenant. The critique will include the following:
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G.O. 12.2D
1.
The initial charge;
2.
Weather conditions and road surfaces at the time of the pursuit;
3.
Population of the area(s) where the pursuit took place;
4.
The date and time of day;
5.
Officers involved;
6.
Positive and negative aspects of the pursuit; and,
7.
A determination if agency policy was followed.
D.
Within five days of the pursuit, the Operations Lieutenant will forward a written memorandum of his findings to
the Chief for review.
XI. GLOSSARY:
BOXING-IN - The surrounding of a law violator's vehicle with pursuit vehicles, which are then slowed to a stop with the
law violator's vehicle.
EMERGENCY LIGHTS - Emergency lights include roof-mounted light bars, on-dash or in-grill red or blue rotating or
flashing lights, and flashing headlights.
EMERGENCY MODE - A designated emergency vehicle in motion when responding to a call with both emergency
lights and siren on continuously.
EMERGENCY OR POLICE VEHICLE - A unit or vehicle will be deemed an emergency or police vehicle when
responding to an emergency call or situations according to this general order, applicable laws, and F.S. 316. Emergency
or police vehicles include:
•Any Police Department marked unit equipped with both emergency lights and siren;
•Unmarked Police Department unit equipped with both emergency lights and siren;
EMERGENCY SITUATIONS OR CALL - A Priority 1 complaint received by the Communications Division that, based
on the available information, includes the following:
Situations involving an immediate and serious danger to a person's life (armed and/or dangerous subject(s), shooting,
an officer in trouble, etc.).
Situations requiring immediate action to prevent serious injury or death (fire, explosions, chemical hazards, etc.).
Situations involving injuries that require immediate attention (accident, shooting, stabbing, etc.).
Felonies in progress, robberies, bank alarms, etc.
INTERVENTION - The use of a moving roadblock (boxing-in), the Stinger Spike System or other tire deflation device
to stop a fleeing vehicle.
MARKED UNIT - An authorized law enforcement vehicle equipped with all of the following: functional roof-mounted
emergency lights, sirens, and identified by a conspicuous paint scheme and agency insignia.
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G.O. 12.2D
MOVING ROADBLOCK (BOXING-IN) - The positioning of moving emergency vehicles to slow and/or stop a fleeing
vehicle.
PRIMARY UNIT - The first unit directly pursuing a fleeing vehicle.
PURSUIT - An active attempt by an officer in an authorized emergency vehicle to apprehend the occupant(s) of another
vehicle. However, the driver of the vehicle must be aware of the attempt and willfully flee in an attempt to elude.
PURSUIT SUPERVISOR - A supervisor directly responsible for the coordination and safety of the pursuit.
ROADBLOCK - A barricade or other obstruction of a roadway that reroutes, stops, or prevents the escape of a fleeing
vehicle.
SECONDARY UNIT - The second unit that helps the primary unit and is directly involved in the pursuit.
SERIOUS PHYSICAL INJURY - A bodily injury that creates a substantial risk of death; a bodily injury that causes
serious permanent disfigurement; or results in long-term loss or impairment of the function of any body member or organ.
SIREN - The siren will include an issued or approved audible device or equipment capable of a continuous monotone,
warble, and two-tone warning. A horn will not be used instead of a siren.
SUPPORT UNIT - Units that provide assistance during a pursuit situation.
UNMARKED UNIT - Any law enforcement vehicle other than a marked unit.
INDEXING:
ARREST - OTHER JURISDICTION
EMERGENCY EQUIPMENT, USE OF
EMERGENCY MODE
EMERGENCY VEHICLE OPERATION
HIGH SPEED PURSUIT
MOTOR VEHICLE PURSUITS
PURSUIT
DRAFTED:
DJR/March 18, 2004/Filed: Pursut12.2D
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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