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The Laws and Policy Governing Police Pursuits?by Officer Richard Hannibal
Police work is risky as indicated by the above photograph of a Los Angeles County Sheriff’s patrol car following a high speed collision. The deputy survived. We in law enforcement must constantly evaluate everything we do when deciding the need for action verses the safety risks to the officer and the public. In this business, nothing is black and white (except the cars in some agencies). Dealing with human emotion and lawlessness is a fluid activity that requires constant evaluation and re-evaluation. For Morro Bay Police Officers, that activity is governed by law, department policy, officer awareness, supervisory scrutiny, and common sense. The words "never" and "always" are absolutes that rarely exist in any human endeavor, especially law enforcement. Thus, there is the absolute necessity for quality recruitment, ongoing officer training, and tight discipline and supervision of police personnel. The LawVehicle Code section 21055 exempts the police from the normal driving 'rules-of-the-road'’ when they are responding to an emergency or in immediate pursuit of a violator of the law. It requires the officer to sound a siren as may be reasonably necessary and display a lighted red lamp visible from the front of the police car. Vehicle Code section 21056 does not relieve an officer from the duty to drive with due regard for the safety of all persons on the road. (In a pursuit, this is when the risks and options are weighed) Vehicle Code section 17004 states that an officer is not liable for civil damages while responding to an emergency call or when in pursuit. The vehicle code and other laws go on to require police officer training, department pursuit policies, and the state-wide reporting of all police pursuits. Vehicle Code section 2800.1(a) makes it a misdemeanor to flee from a police officer. The violator could be sentenced to one year in county jail. The violator could also have his driver's license suspended. Vehicle Code section 2800.2(a) (A Felony) states that if the evasion is done in a willful and wanton disregard for the safety of persons or property (when three or more traffic violations occur or damage to property occurs), the evasion could qualify as a felony and result in a state prison sentence. Vehicle Code section 2800.3(a) (A Felony) states that when the evasion causes serious bodily injury, the evader could be sentenced to three to seven years in prison and/or a ten thousand dollar fine. Vehicle Code section 2800.4 (A Felony) states that if the driver, during an evasion from police, willfully drives into oncoming traffic, he/she could receive a prison sentence and a ten thousand dollar fine. MORRO BAY POLICE POLICY, involving just police pursuits, is over ten pages long. It begins with the police officer taking the responsibility to initiate a pursuit. This includes the seriousness of the known or reasonably suspected crime and its relationship to community safety. Other factors the officer must consider is his/her familiarity with the area, traffic on the roadway, weather conditions, and if the criminal is known and the possibility of letting the criminal go and catching him another day. Pursuits should be discontinued whenever the totality of objective circumstances known, or which reasonably ought to be known to the officer or supervisor during the pursuit, indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect(s) escape. Pursuit units should be limited to two vehicles and a supervisor; however, the number of units involved will vary with the circumstances. It is the policy of the Morro Bay Police Department that available supervisory and management control will be exercised over all motor vehicle pursuits involving department officers. As I said, the policy covers more than 10 pages and the above is just a synopsis. As can be seen, the safety of the officer and the public are major concerns. As a result, all police pursuits are closely supervised and terminated when appropriate. I’m a little partial, but the California Law Enforcement community is the highest trained and most disciplined of any law enforcement in the world. This can be seen with a brief viewing of the television program COPS. I cringe when I see some of the antics shown by some officers. It is important that Morro Bay Police Officers are not stereotyped by some of the unprofessional and irresponsible tactics displayed on that and similar television shows. We are governed by many laws and policies in order to make police pursuits appropriate and as safe as possible. |
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