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Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Published with permission by Santa Monica Police Department Vehicle Pursuits - 1 Santa Monica Police Department Santa Monica Police Department Policy Manual This version contains redactions per Government Code § 6254(f) Vehicle Pursuits 307.1 PURPOSE AND SCOPE Vehicle pursuits of suspected or known violators of the law expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and officer safety against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to reduce the potential for pursuit -related collisions. Vehicular pursuits require officer s to exhibit a high degree of intelligence, competency, and sound judgment. Officers must be mindful that the immediate apprehension of a suspect is not more important than the safety of the public and pursuing officers. Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and under difficult and unpredictable circumstances. In recognizing the potential risk to public safety created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicular pursuit because of the risk involved. This includes circumstances where department policy would permit the initiation or continuation of the pursuit. It is recognized that vehicular pursuits are not always predictable and decisions made pursuant to this policy will be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit. Officers must remember that the most important factors to the successful conclusion of a pursuit are proper self -discipline and sound professional judgment. Officer's conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect at all costs has no place in professional law enforcement. 307.2 POLICY It is the policy of the Santa Monica Police Department that pursuits are permitted when the necessity of immediate apprehension outweighs the degree of danger created by the pursuit, and only when the pursuit is in compliance with this policy and applicable State laws. There are numerous situations which arise in law enforcement that are unique; it is impossible for this policy to anticipate all possible circumstances. Therefore, it is the intent of this policy to direct as well as guide sworn member's exercise of competent discretion in matters involving vehicular pursuits. 307.2.1 VEHICLE PURSUIT DEFINED A vehicle pursuit is an active attempt by one or more law enforce ment officers to apprehend a suspect, who is attempting to avoid apprehension while operating a motor vehicle by using evasive tactics, or after a short period of time, willfully fails to stop after the police vehicle's lights and siren have been activated. Following a vehicle whose driver is attempting to evade, or has willfully failed Policy 307.1 Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Published with permission by Santa Monica Police Department Vehicle Pursuits - 2 Santa Monica Police Department Santa Monica Police Department Policy Manual Vehicle Pursuits to yield, after a reasonably short period of time, whether accomplished with or without red lights and siren activated, and regardless of the terminology used to describe these acts is also a pursuit. 307.3 OFFICER RESPONSIBILITIES It shall be the policy of this department that a vehicle pursuit shall be conducted only with red light and siren as required by Vehicle Code § 21055 for exemption from compliance with the rules of the road. The following policy is established to provide offi cers with guidelines for driving with due regard and caution for the safety of all persons using the highway as required by Vehicle Code § 21056. The courts have defined due regard as follows: This special rule governing drivers of emergency vehicles permits them to cautiously circumvent strict application of the traffic laws in the interest of hastening their mission, thus promoting the public safety and welfare. It does not permit them carte blanche authority to charge into heavily traveled urban int ersections in defiance of all reason. 307.3.1 VEHICLE PURSUIT CONSIDERATIONS Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is attempting to evade arrest or detention by fleeing in a vehicle. The following factors individually and collectively shall be considered in deciding whether to initiate a pursuit: (a) Seriousness of the known or reasonably suspected crime and its relationship to community safety. (b) The importance of protecting the public and balancing the known or r easonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others. (c) Apparent nature of the fleeing suspects (e.g., whether the suspects represent a serious threat to public safety). (d) The iden tity of the suspects has been verified and there is comparatively minimal risk in allowing the suspects to be apprehended at a later time. (e) Safety of the public in the area of the pursuit,