On August 3, 2012, about 8:30 pm, officers of the Morro Bay Police Department responded to a report of a fight with possible injuries in the 400 block of Kern Avenue. One of the suspects, a 27-year-old man who was wanted for investigation, fled the scene prior to the officer's arrival. A description of the suspect's dark gray Chevy Tahoe was broadcast. Moments later, a Morro Bay Officer located the vehicle and made a traffic stop. Moments after pulling to the curb the suspect accelerated away, northbound on Highway 41. The suspect's actions began a long pursuit into Paso Robles where spike strips were used to disable the car and the suspect was arrested without further incident. During the incident, Morro Bay Police turned the pursuit over to the California Highway Patrol and Atascadero Police. This meant that Morro Bay dropped out of the pursuit and the other agencies took over.
Turning over a pursuit to another agency does not mean they have better and faster cars, or they are better trained. It is almost universal police policy that when a vehicular pursuit leaves one area of familiarity to the officers it is turned over to officers who are familiar with the new location and direction of travel. Thus, when the pursuit entered the Atascadero area and then onto the northbound freeway, CHP took the lead. Fortunately, the CHP helicopter was aloft and assisted.
The handling of a pursuit is not by happenstance. There has been a lot of pre-planning that is put into written policy that governs pursuits. The days of "chasing them until the wheels fall off" or a long "Halley's comet of police vehicles" are over. There is just too much risk to the public and to the officer.
Law enforcement must constantly evaluate everything they do when deciding the need for action versus the safety risks to the officer and the public. In this business, nothing is black and white, except the cars. Dealing with human emotion and lawlessness is a ‘fluid' activity that requires constant evaluation and re-evaluation. For Morro Bay Police Officers, law, department policy, officer awareness, supervisory scrutiny, and common sense govern that activity. The words "never" and "always" are absolutes that rarely exist in any human endeavor, especially law enforcement and, indeed, in the highly dangerous and emotional aspects of high-speed pursuits.
Morro Bay Police policy involving police pursuits is over ten pages long and every officer is expected to know the policy in detail.
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 there is a possibility of letting the criminal go and catch 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.
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.
The following California laws apply to police emergency driving and pursuits:
Vehicle 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. (Morro Bay Police Officers get extensive training in defensive driving and drive a pursuit-training course at regular intervals of time.)
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 the 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 willfull 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.
As I said, Morro Bay Police policy covers more than 10 pages. 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've said in the past that I am partial, but I believe the California Law Enforcement community is the highest trained and most disciplined of any law enforcement in the world. It is important that Morro Bay Police Officers are not stereotyped by some of the unprofessional and irresponsible antics displayed on some television shows and YouTube. We evaluate, choose, and train the best of the best. This is the foundation that Morro Bay Police policy is based.
