Police Department Policy

53722

Temple Terrace PD

Policy Text
General Order B -20 Page 1 of 12 Pursuit of Motor Vehicles TEMPLE TERRACE POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE 01/16/ 2007 FILE INDEX NO. B-20 SUBJECT: PURSUIT OF MOTOR VEHICLES INDEX AS: SAME AS ABOVE RESCINDS: REVISES: B-20 DATE REVISED : 05/17/2019 DISTRIBUTION : ALL MEMBERS I. PURPOSE : Personal and Public Safety are prime responsibilities of the Temple Terrace Police Department. A law enforcement officer has a statutory and constitutional obligation to attempt to affect an arrest when the law is violated. In making an attempt, the safety of the general public must be considered. If upon attempting to affect a valid traffic stop or arrest the subject initiates evasive action or refuses to stop, the officer may initiate a vehicle pursuit based on th e factors that com ply with this policy. In instances where immediate apprehension cannot be affected with reasonable safety, an officer shall attempt to obtain sufficient information to affect subsequent apprehension. II. SCOPE: All Members III. DISCUSSION: Basic to every actio n of the Police Department, and to that of its individual members, must be a fundamental resolve to place the safety and life of all persons as the first priority. It is the duty and responsibility of every police officer to enforce the laws of the State of Florida and apprehend persons in violation of these laws. The Department recognizes its responsibilities in apprehending offenders , but it is also aware that crashes can occur during police vehicle pursuits or other emergency vehicle operations. The o peration of Temple Terrace Police Department vehicles during a vehicle pursuit is an area of concern to both law enforcement and civilian personnel. When evaluating the circumstances on whether or not to pursue a vehicle, it is of paramo unt importance tha t the need to immediately apprehend a fleeing suspect be weighed against the danger to the community, the violator, and Department members before commencing or continuing any vehicle pursuit. Officers engaged in vehicle pursuits and supervisors monitoring them shall be held strictly accountable for the consequences of their actions. No vehicle pursuit should be undertaken with such emphasis that principles of safety become secondary. Felony flight alone is not considered by the Departme nt to create an im mediate reason for a vehicle pursuit. The fact that a person attempts to elude a uniformed officer after being signaled to General Order B -20 Page 2 of 12 Pursuit of Motor Vehicles stop does not, in and of itself, justify a vehicle pursuit even though the person may be committing felony flight as a matt er of law . IV. DEFINITIONS: A. Apprehension of Law Violators in a Motor Vehicle - An active attempt by a law enforcement officer in an authorized emergency vehicle to apprehend the occupants of a moving vehicle for the purpose of arresting or citing t he driver or passe nger(s) for a violation of the law. B. Emergency Equipment - Siren and flashing and/or revolving blue/red lights that meet the requirements of Florida State Statutes. C. Erratic Driving - Driving in a manner, prior to an attempt by any law enforcement officer to stop the vehicle that, if allowed to continue would constitute an immediate threat of serious physical injury or death . In order to pursue for erratic driving, the observed driving action must be so grossly negligent that by its very na ture the threat of immediate serious injury or death caused by the observed driving action if allowed to continue is greater than or equal to the inherent danger caused by initiating a motor vehicle pursuit . D. Forcible Felony - means treason; murder; manslaughter; sexual batt ery; carjacking; home -invasion robbery; robbery; burglary (excluding burglary auto or auto theft ); arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing or discharging of a destructive d evice or bomb; and any other felony which involves the use or threatened use of physical force or violence against any individual. E. Primary Pursuit Unit - Generally , the law enforcement unit that initiates the vehicle pursuit. The preferred primary pursuit vehicle shall be equipped with emergency equipment and identified by logos, emblems or other markings on the outside visible portion. F. Secondary Pursuit Unit - The law enforcement unit that trails the primary pursuit unit at a safe distan ce and which is av ailable to assume the primary role or assist the primary unit if the fleeing vehicle is stopped. The preferred secondary unit shall also be equipped and identified similar to the primary pursuit unit. G. Temple Terrace Police Department Vehicle - Any vehicle owned, leased, or operated by the Temple Terrace Police Department, or otherwise authorized by the Chief of Police. H. Unmarked Vehicle - Any vehicle approved by the Chief of Police for use as a law enforcement vehicle, which is not equippe d with roof mounte d flashing or revolving lights and not marked with Police Department emblems, logos, or other identification on the visible portion of the vehicle. I. Vehicle Pursuit - An active att empt by a law enforce ment officer, while operating a Department vehicle, to a pprehend or otherwise make contact with the occupants of a moving vehicle, providing that the driver of such vehicle is or should be aware of the attempt, increases his/her speed, takes ev

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