Police Department Policy

004 - EMERGENCY AND PURSUIT OPERATION OF POLICE VEHICLES

Homestead Police Department

Policy Text
EMERGENCY AND PURSUIT OPERATION OF POLICE VEHICLES EFFECTIVE DATE: 01/02/91 STANDARD NO. 004 REVISED: 07/19/18 REPLACES: SOPs High Speed Pursuits 08-03.1-7 – Rev. 01/01/03; Emergency Vehicle Operations 05-03.1-5 – Rev. 01/01/03; and Pursuits 16-06.1-7 – Rev. 01/01/03; Rev. 03/27/18; OBJECTIVE: To establish criteria for the emergency and pursuit operation of the Homestead Police Department (HPD) vehicles and for personnel in determining the level of response to various incident types or situations. POLICY: It is the policy of HPD to consider the welfare and safety of officers, the general public, and the suspect(s) when utilizing HPD vehicles in emergency and pursuit situations. It is further HPD policy that this will be accomplished with due regard the seriousness of the offense and in compliance with all applicable laws. SCOPE: All employees of this Department shall be governed by the procedures set forth below. I. DEFINITIONS: A. High speed pursuit: 1. An active attempt by a law enforcement officer in an authorized emergency vehicle to apprehend one (1) or more occupants of a moving motor vehicle, provided that the driver of such vehicle is aware of the attempt and increases vehicle speed and/or takes other evasive actions in an attempt to avoid apprehension. 2. The pursuit will be conducted in a manner that does not involve conduct by the officer which is as reckless or wanting in care as to constitute disregard of human life, human rights, safety, or the property of another. B. Forcible Felony: 1. A felony involving treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. C. Reasonable belief: 1. Facts that would cause a reasonable person to conclude that the point at issue is probably true. II. DECISION TO PURSUE: Emergency and Pursuit Operation of Police Vehicles – SOP# 004 A. The decision to initiate pursuit shall be based on the initiating officer's reasonable belief at the time the pursuit is initiated that the person fleeing has committed a forcible felony as defined in FSS 776.08. B. Any law enforcement officer in an authorized emergency vehicle may only initiate a vehicular pursuit when the requirements of Section A above have been met. C. The decision to initiate pursuit must be based on the pursuing officer’s conclusion that the immediate danger to the public created by the pursuit is less than immediate or potential danger to the public, should the suspect remain at large. Many factors have a bearing on the officer’s decision to pursue a vehicle or operate in an emergency mode including: 1. The type and speed of vehicle being pursued. 2. Traffic conditions. 3. Weather conditions. 4. Road conditions. 5. Time of day or night. 6. Condition of police vehicle. 7. Any circumstances that could lead to the situation in which the pursuing officer will not be able to maximize safe and effective control of the police vehicle. 8. Identity of the offender is known. 9. Presence and volume of other vehicular or pedestrian traffic. 10. Familiarity with the roadways and the area. 11. The relative performance capabilities of the pursuit vehicle and the vehicle being pursued; 12. Pursuit speeds. 13. Evasive tactics employed by the violator. 14. Other available means of apprehension, such as obtaining a warrant for identified violators or use of aviation support. 15. The presence of other persons in the police vehicle. D. Officers and supervisors at all levels have a responsibility to closely monitor the progress of each pursuit. Officers and supervisors must constantly weigh the need for apprehension against the dangers being created by the pursuit. The overriding concern must always be for the safety of the officer, the public, and the violator. In this regard, the decision to abandon pursuit may sometime be the most intelligent course of action. All other pursuits are prohibited. Emergency and Pursuit Operation of Police Vehicles – SOP# 004

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.