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Applicable
To: All employees |
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Approval Authority: Interim Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 7/8/10 |
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To establish guidelines, based on state law and court decisions, for police officers that are in pursuit of motor vehicles within and outside the city limits of Atlanta.
2.1 The Atlanta Police Department places the highest value upon the preservation of life and the safety of its police officers and citizens. The methods used to enforce laws should maximize the safety of all police officers and citizens.
2.2 The decision to pursue a vehicle that refuses to voluntarily stop for “a motor vehicle that is used on official business by any person authorized to make arrests” must comply with the following state laws: OCGA § 40-6-6, 40-8-90, 40-8-91, 40-8-94, and 17-4-20.
2.3 The maximum number of Atlanta Police Department vehicles that are allowed to directly participate in a vehicle pursuit is three.
3.1 Division, section, and unit commanders are responsible for ensuring that all employees within their chain of command comply with the requirements of this directive.
3.2 Supervisors are responsible for ensuring compliance with this directive and submitting the required documentation to the Central Records Unit.
3.3 All employees are responsible for complying with the requirements of this directive.
3.4 The Central Records Unit will be the central repository for pursuit reports.
3.5 The Planning and Research / Accreditation Unit will review all pursuit reports.
3.6 The Office of Professional Standards will investigate suspected employee work rule violations arising from a pursuit in accordance with APD.SOP.2020 “Disciplinary Process.”
4.1 The decision to pursue a vehicle that refuses to stop voluntarily for “a motor vehicle that is used on official business by any person authorized to make arrests” must comply with the five state laws. The following two conditions must be met before a police officer can engage in a vehicle pursuit.
4.1.1 First, the vehicles of the primary and secondary pursuit units must comply with the three applicable state codes of Georgia regarding the equipment of law enforcement vehicles. The codes are:
1. 40-8-90 (Use of flashing or revolving blue lights);
2. 40-8-91 (Marking of official vehicles); and
3. 40-8-94 (Sirens, whistles, and bells).
4. In addition, the driver of the authorized emergency vehicle must drive with due regard for the safety of all persons as described in Georgia code 40-6-6 (Authorized emergency vehicles).
(CALEA 5th ed. standard 41.2.2d)
4.1.2 Second, the driver of the fleeing vehicle or a passenger in the fleeing vehicle must meet one of the three following standards set forth in O.C.G.A. 17-4-20 (Arrest Without a Warrant).
1. “The suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.”
2. “When the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others.”
3. “When there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm.”
(CALEA 5th ed. standard1.3.2)
4.2 Once the two required conditions exist, other factors that need to be considered in order to initiate a vehicle pursuit or allow a vehicle pursuit to continue are:
1. The risk of the subject’s conduct to innocent third parties;
2. The driving abilities of the police officer;
3. The performance capabilities of the police vehicle;
4. Weather conditions;
5. Roadway surface conditions;
6. The type of roadway and its contour;
7. Any advanced vehicle operator training of the pursuing officer.
(CALEA 5th ed. standard 41.2.2a)
4.3 All police officers actively or directly involved in a vehicle pursuit will utilize all of the following equipment:
1. Siren;
2. Flashing blue lights;
3. Headlights (day or night).
4.4 All police officers driving under emergency conditions will roll up the windows of his or her police vehicle(s) to reduce noise and ensure the radio dispatcher understands all radio transmissions.
(CALEA 5th ed. standard 41.2.2b)
4.5.1 Once the two required conditions exist and a vehicle pursuit is initiated, the primary pursuit unit will immediately notify the radio dispatcher that a vehicle pursuit is underway and provide the following information:
1. The unit number of the primary pursuit unit;
2. Current location, direction of travel, and speed;
3. A description of the vehicle and an auto tag number;
4. The type of criminal offense;
5. The number and description of occupants;
6. Any information regarding weapons, threats, or hazards.
4.5.2 The primary pursuit unit will provide his or her immediate supervisor with the totality of circumstances regarding the pursuit of a suspected felon in a vehicle, in order for the immediate supervisor to make an informed decision.
4.5.3 If the primary pursuit unit does not receive a response from the watch commander or the immediate supervisor, the primary and secondary pursuit units will terminate the vehicle pursuit.
(CALEA 5th ed. standard 41.2.2c)
4.6.1 All marked police vehicles in the vicinity of the vehicle pursuit and able to assist will make the radio dispatcher aware of their availability. The radio dispatcher, under the direction of the immediate supervisor or watch commander, will coordinate assistance.
4.6.2 The secondary pursuit unit designated by the radio dispatcher or the immediate supervisor will be the only other police unit to engage in the vehicle pursuit, unless one of the following conditions exists:
1. The primary or secondary pursuit unit does not believe that two units will be able to safely arrest the suspect(s). The immediate supervisor or watch commander must approve this request for an additional pursuit unit;
2. The primary pursuit unit is unable to continue and has informed the radio dispatcher, and the secondary pursuit unit has assumed the role of the primary pursuit unit;
3. The watch commander or immediate supervisor has authorized additional police vehicles to join the vehicle pursuit.
4.6.3 The secondary unit will assume the radio communications task once they engage in the pursuit. This will allow the primary unit to focus on driving. The secondary unit will give the direction and location of the vehicle pursuit.
4.7 It is the responsibility of the tertiary (third) unit to provide support of the primary and secondary pursuit units when they enter another zone. Also, it is the responsibility of the tertiary (third) unit to provide support of the primary and secondary pursuit units that originate from another jurisdiction.
(CALEA 5th ed. standard 41.2.2f)
4.8.1 After being notified of a vehicle pursuit, the watch commander or immediate supervisor will do the following:
1. Acknowledge the location and the direction of travel;
2. Request the reason for the vehicle pursuit;
3. Monitor radio transmissions regarding the vehicle pursuit and proceed in the direction of its progress in a non-emergency mode;
4. Ensure that only the necessary units are involved in the vehicle pursuit. When appropriate, ensure that air support has been requested;
5. When appropriate, ensure that other law enforcement agencies are being notified if the vehicle pursuit is entering other jurisdictions;
6. Ensure that the vehicle pursuit is terminated if the pursuing units do not provide adequate information;
7. Ensure that the vehicle pursuit is terminated if the risk to police officers and citizens is too great.
4.8.2 The immediate supervisor or watch commander must acknowledge he or she has received all pertinent information. The immediate supervisor or watch commander must give permission to continue the vehicle pursuit or terminate it. Failure of the pursuing officer to provide the required information is cause enough for the watch commander or immediate supervisor to order the termination of the vehicle pursuit.
4.8.3 The supervisor in the zone where the vehicle pursuit ends will proceed to the termination point and provide necessary supervision until the pursuing unit’s supervisor arrives on the scene.
4.8.4 The pursuing unit’s immediate supervisor will go to the scene of a concluded vehicle pursuit whenever a suspect is apprehended or when injuries, death, or property damage has occurred.
4.8.5 Watch commanders and immediate supervisors are not authorized to join in a vehicle pursuit, unless they are the initiating unit or close enough to become the secondary unit. If a field supervisor engages in the vehicle pursuit, he or she will relinquish field command to the watch commander.
4.8.6 If the watch commander engages in a vehicle pursuit, he or she will yield the position of primary pursuit unit as soon as a marked unit can take over and the watch commander will move to the position of the secondary pursuit unit. If the watch commander is the secondary pursuit unit, he or she will yield the position of secondary pursuit unit as soon as a marked unit can take over and the watch commander will withdraw from the vehicle pursuit.
4.9.1 When it is apparent that a vehicle pursuit will enter another zone, the watch commander or immediate supervisor of the originating zone will decide according to the information available whether to continue the vehicle pursuit.
4.9.2 If the vehicle pursuit is continued, the Communication watch supervisor will notify the second zone’s watch commander that the vehicle pursuit is entering the zone. The supervisor in the originating zone may request one additional marked unit, from the zone that has been entered, to join in the vehicle pursuit. The radio dispatcher will continue to monitor radio transmissions on the originating zone’s radio channel.
4.9.3 The watch commander of the secondary zone may advise one of his or her marked units to join the vehicle pursuit as a third pursuit unit. Once the third pursuit unit enters into the vehicle pursuit, he or she will be under the command of the primary pursuit unit’s supervisor and will switch to the radio channel that the primary pursuit unit is on.
4.9.4 The third pursuit unit should communicate to the other two units any pertinent information about the geographic area in which the vehicle pursuit is taking place. The third pursuit unit will continue as part of the vehicle pursuit only while the vehicle pursuit is in their zone. Once the vehicle pursuit leaves the third pursuit unit’s zone, he or she will terminate his or her pursuit. The third pursuit vehicle will then notify the originating zone’s radio dispatcher of the return to service.
4.10 Field Units Not In Pursuit
4.10.1 Field units that are not in the vehicle pursuit are to monitor the location and the direction of travel of the two or three pursuit units. Field units may position themselves at strategic sites along the probable pursuit route or on parallel roadways, for response to any emergency that may develop. These field units will not engage in the vehicle pursuit, unless otherwise directed by a supervisor and may monitor the vehicle pursuit with a second radio, if available.
4.10.2 Field units not directly involved in a vehicle pursuit are not authorized to proceed to strategic sites or parallel roadways in an emergency mode (code 3).
(CALEA 5th ed. standard 41.2.2e)
4.11.1 The zone’s radio dispatcher, with the assistance of the Communications watch supervisor will:
1. Clear the radio channel of any unnecessary traffic;
2. Immediately notify the watch commander or immediate supervisor;
3. Obtain all pertinent information that is available;
4. Request the support of the Helicopter Unit, if necessary, and advise the supervisor on the air of their status to the pursuit;
5. Determine if the watch commander or immediate supervisor wants to continue the vehicle pursuit;
6. Immediately notify the Communications watch supervisor, if the vehicle pursuit is continuing;
7. Coordinate assistance under the direction of the Communications watch supervisor;
8. Receive and record all pertinent information on the vehicle pursuit. Categorize the call as a Signal 72P;
9. Perform relevant record checks and motor vehicle checks;
10. Advise the pursuit units of any known or potential hazards in the path of the vehicle pursuit (i.e., accidents, street closures, etc.);
11. Communicate with the watch supervisor to determine whether the incident meets the definition of a pursuit and will be logged on the Pursuit Log (Form APD 603) once the scene has been made safe.
4.11.2 Communications watch supervisor will: (CALEA 5th ed. standard 41.2.2f)
1. Advise the watch commander or immediate supervisor which two units are involved in the vehicle pursuit;
2. Notify other zone radio dispatchers of the vehicle pursuit and advise them, if the vehicle pursuit enters their zone;
3. Monitor the vehicle pursuit until its conclusion;
4. Notify the Helicopter Unit, if it is available. If not, contact the closest law enforcement agency with a Helicopter Unit. Request assistance and an estimated time of arrival;
5. If the vehicle pursuit is likely to enter another zone, advise the second watch commander of all pertinent information. Request the second watch commander to designate a third pursuit unit to assist and advise the third pursuit unit to switch to the radio channel that the primary pursuit unit is on;
6. Have the secondary zone radio dispatcher inform the secondary zone officers that they may monitor the vehicle pursuit on their mobile radio;
7. Notify the zone commander of the originating zone, if the situation warrants;
8. Provide pertinent information to other law enforcement jurisdictions (within or outside the city limits) that may become involved or be of assistance in the vehicle pursuit. Notify the Georgia State Patrol, if the vehicle pursuit leaves the local jurisdiction or enters an Interstate Highway.
(CALEA 5th ed. standard 41.2.2d)
4.12.1 If a motorcycle unit initiates a vehicle pursuit, he or she may continue that vehicle pursuit until a marked patrol unit or aircraft joins the vehicle pursuit, at which time the motorcycle officer must abandon the vehicle pursuit. After abandoning the vehicle pursuit, the motorcycle unit will proceed to the termination point in a non-emergency mode, if a suspect is apprehended.
4.12.2 Police officers on motorcycles are not authorized to be part of a vehicle pursuit without the approval of his or her watch commander.
(CALEA 5th ed. standard 41.2.2d)
4.13.1 When the Helicopter Unit advises that the suspect’s vehicle is in view, field units in a pursuit will keep their emergency lights and siren on, but will decrease their speed as they continue the pursuit.
4.13.2 The Helicopter Unit will continue to advise the location of the suspect’s vehicle and approximate speed.
4.13.3 The Helicopter Unit should attempt to position field units to assist in the apprehension of the suspect(s) when the vehicle stops.
4.13.4 The aircraft will maintain a safe altitude to allow the pilot or the observer to watch the suspect vehicle. 4.13.5 When possible, the aircraft should be operated so that the suspect does not know he or she is being watched.
(CALEA 5th ed. standard 41.2.2d)
4.14.1 Vehicles that are transporting prisoners, witnesses, suspects, complainants, juveniles, citizens, civilian employees, or any passengers other than on-duty Atlanta police officers will not engage in vehicle pursuits.
4.14.2 Police vans, pick-up trucks, sport utility vehicles, and three-wheeled vehicles will not engage in a vehicle pursuit.
4.14.3 Unmarked vehicles will not become involved in any vehicle pursuit.
4.14.4 When a marked vehicle with a roof-mounted emergency light system assumes the role of the primary pursuit unit, marked vehicles without a roof-mounted emergency light system will discontinue the vehicle pursuit.
All units, up to a maximum of three units, directly involved in a vehicle pursuit will space themselves at safe intervals that ensures adequate time and distance for slowing, stopping, and turning.
4.16 Termination of Vehicle Pursuits (CALEA 5th ed. standard 41.2.2g)
4.16.1 Vehicle pursuits will be terminated:
1. When the watch commander or immediate supervisor orders the vehicle pursuit terminated; or
2. When there is an unreasonable danger to police officers or citizens; or
3. When the suspect’s identity has been established to the point that later apprehension can be accomplished; or
4. When the primary pursuit unit loses visual contact with the pursued vehicle for more than fifteen seconds; or
5. When it is apparent the primary pursuit unit is not familiar with the area; or
6. When there is an equipment failure involving an emergency signal device, a radio, brakes, steering, or other essential mechanical equipment; or
7. When the primary pursuit unit is of the opinion that it is not safe to continue the vehicle pursuit.
4.17.1 Police officers will not pursue a vehicle the wrong way on a freeway or interstate highway.
4.17.2 Police officers will never attempt to pass the primary pursuit unit, unless an officer receives specific permission from the primary pursuit unit or immediate supervisor.
4.17.3 The following practices are prohibited during a vehicle pursuit: (CALEA 5th ed. standard 41.2.3)
1. Fixed roadblocks; Police officers will not purposely position their vehicle in the path of a fleeing vehicle.
2. Moving or rolling roadblocks.
3. Ramming; Police officers will not bump, ram, or box-in a fleeing vehicle.
4. Forcing fleeing vehicles off the roadway; Police officers will not force the fleeing vehicle from the roadway by driving in front of it or along side of it.
5. Discharging a firearm in an effort to stop a fleeing vehicle. (This does not prohibit a police officer from using his or her firearm as a lethal force option when it is reasonable and necessary).
4.18 Inter-Jurisdictional Pursuits (CALEA 5th ed. standard 41.2.2h)
4.18.1 The Atlanta Police Department has joined other law enforcement agencies in the Atlanta metropolitan area in adopting the Metropolitan Atlanta Inter-Jurisdictional Pursuit Policy. The policy provides guidelines for police officers in vehicle pursuits when entering other jurisdictions. Atlanta police officers will adhere to this policy when pursuing a vehicle outside the City of Atlanta.
4.18.2 When entering another jurisdiction, the pursuing agency’s radio dispatch will notify the other agency with the following information:
1. A vehicle pursuit is about to enter its jurisdiction;
2. The reason for the vehicle pursuit and the nature of the crime;
3. The location and the direction of travel;
4. A complete description of the vehicle and occupants;
5. The number of units involved in the vehicle pursuit;
6. Whether or not assistance is needed;
7. Notify the agency when the vehicle pursuit is leaving their jurisdiction or the location of termination.
4.18.3 When available, law enforcement agencies that maintain an aircraft unit will agree to provide assistance to all signatories upon a direct request. Also, any signatory obtaining aviation support in the future will provide this assistance. The following agencies will provide this assistance: DeKalb County, Clayton County, Fulton County, Gwinnett County, and Atlanta.
4.18.4 The initiating law enforcement agency will have the control and be responsible for the vehicle pursuit. Other law enforcement agencies will not participate, unless requested to assist.
4.18.5 A total of no more than three vehicles from the combined jurisdictions will be involved in any vehicle pursuit. Typically, there will be two pursuit units from the initiating agency and one additional pursuit unit from the assisting agency.
4.18.6 If there are three or more pursuit units from other law enforcement agencies entering the city limits of Atlanta, no Atlanta police officer will become directly involved in the vehicle pursuit. Atlanta police officers will monitor the location and direction of travel of the fleeing vehicle. Field units may position themselves at strategic sites along the probable pursuit route or on parallel roadways, for response to any emergency that may develop. These field units will not engage in the vehicle pursuit, unless otherwise directed by a supervisor.
4.18.7 In the case that a vehicle pursuit enters subsequent jurisdictions, the assisting unit (typically the third pursuit unit) will notify the next jurisdiction through their radio dispatch of a desire for assistance. The assisting unit will remain with the vehicle pursuit until replaced by the next assisting agency.
4.18.8 If the suspect is apprehended, all concerned agencies will be notified of the location and supplied pertinent information for the appropriate charges.
4.18.9 A supervisor from the law enforcement agency where the vehicle pursuit terminates will respond to the location in order to supervise and assist officers.
4.18.10 The following responsibilities of the initiating law enforcement agency are not to be relinquished to another law enforcement agency:
1. Arraignment of arrested persons;
2. Disposition of any passenger(s);
3. Disposition of the suspect vehicle;
4. Coordination of all reports and charges with the exception of accident reports.
4.18.11 The Atlanta Police Department’s participation in an inter-jurisdictional vehicle pursuit will be terminated if pursuing units from this agency or another law enforcement agency violate the guidelines set forth in the Metropolitan Atlanta Inter-Jurisdictional Pursuit Policy.
(CALEA 5th ed. Standard 41.2.2i)
4.19.1 The immediate supervisor of the police officer that initiated the vehicle pursuit will obtain an incident number and complete a Pursuit Report (Form APD 602).
4.19.2 A Pursuit Report (Form APD 602) is required for:
1. Pursuits involving Atlanta police officers; or 2. Pursuits involving Atlanta police officers and another law enforcement agency; or
3. Pursuits involving another law enforcement agency entering Atlanta’s jurisdiction, but no Atlanta police officers were involved (to be completed by the on-duty watch commander).
4.19.3 Employees will use the pull-in code of “17P” after all incidents involving a vehicle pursuit.
4.19.4 All vehicle pursuits involving Atlanta police
officers will be reported on a Pursuit Report form and an incident
report form even if an incident report is not normally required. 4.19.5 An incident report form is not required for a vehicle pursuit involving another law enforcement agency entering Atlanta’s jurisdiction, but no Atlanta police officers.
4.19.6 An incident report form must be completed along with a Pursuit Report (Form APD 602) for each vehicle pursuit involving Atlanta police officers. The reason for the vehicle pursuit and the details of the vehicle pursuit must be included in the narrative of the incident report form. All officers (secondary and tertiary units) involved in the vehicle pursuit will complete a supplemental incident report to the original incident report.
4.20.1 The Pursuit Report (Form APD 602) will be completed by the pursuit officer’s immediate supervisor before the end of the watch any time a motor vehicle pursuit is engaged. A copy of the incident report and supplemental reports must be attached to the Pursuit Report (Form APD 602). (CALEA 5th ed. standard 41.2.2i)
4.20.2 The supervisor will deliver the approved, original Pursuit Reports (Form APD 602), incident report(s), and supplemental incident report(s) to the Central Records Unit. (CALEA 5th ed. standard 41.2.2f)
4.20.3 The supervisor will verify with Communications that the “17P” pull-in was used by the initiating officer. (CALEA 5th ed. standard 41.2.b)
4.20.4 Supervisors will be responsible for initiating an investigation of suspected employee work rule violations arising from a pursuit. The Office of Professional Standards will investigate suspected employee work rule violations arising from a pursuit in accordance with APD.SOP.2020 “Disciplinary Process.” (CALEA 5th ed. standard 41.2.2a)
4.21 Maintenance of Pursuit Reports
4.21.1 The Central Records Unit will receive all Pursuit Reports (Form APD 602) and immediately assign a control number to received reports.
4.21.2 The Central Records Unit will keep all Pursuit Reports on file for five years.
4.21.3 The Central Records Unit will make copies of Pursuit Reports and forward copies to:
1. The appropriate division commander;
2. The appropriate section commander;
3. The Office of Professional Standards;
4. The Training Section; and
5. The Planning and Research / Accreditation Unit.
4.21.4 The division commander will maintain a copy of received pursuit report packages for three years.
4.22 Analysis of Pursuit Reports (CALEA 5th Ed. Standard 41.2.2j)
4.22.1 The Communications Division will produce a monthly list of all incidents with a “17P” pull-in and forward that report to the Office of Professional Standards and the Planning and Research / Accreditation Unit.
4.22.2 The Planning and Research / Accreditation Unit will conduct a quarterly and an annual analysis of all vehicle pursuits to examine patterns or trends that identify the need for additional training and/or policy modifications. Upon completion, copies of the annual analysis will be forwarded to the Chief of Police, the Assistant Chief, the Office of Professional Standards, the Training Section, and the City Attorney for review and appropriate action. Copies of this report will be kept on file for five years.
4.22.3 The Planning and Research Unit will forward any suspected employee work rule violations arising from a pursuit to the Office of Professional Standards.
5.1.1 Inter-Jurisdictional Pursuit Agreement: A document signed by the chief executive of each participating law enforcement agency which coordinates procedures to be followed during a vehicle pursuit involving two or more law enforcement agencies.
5.1.2 Motor Vehicle Pursuit: An active attempt by a police officer in an authorized emergency vehicle to apprehend the occupant(s) of a moving vehicle. This is assuming the driver of the vehicle is aware of the attempt then increases speed, takes other evasive actions to avoid apprehension, or refuses to stop while maintaining a legal speed.
5.1.3 Safe Following Distance: A safe following distance is dependent on several factors like the speed of the pursuit, the driver’s abilities, the performance capabilities of the vehicle, weather conditions, roadway surface, and the actions of the fleeing vehicle. Generally, each police officer should allow one to two car lengths for each ten-mile per hour (10 MPH) increment in speed.
5.2.1 Assisting Agency: The law enforcement agency with a unit actively involved in another agency’s vehicle pursuit.
5.2.2 Immediate Supervisor: The sworn supervisory officer responsible for the supervision of the pursuit units.
5.2.3 Initiating Agency: The law enforcement agency that originally attempted the stop on an actively fleeing vehicle.
5.2.3 Primary (First) Pursuit Unit: The police officer that initiates a vehicle pursuit or any unit that assumes control of the vehicle pursuit by becoming the unit closest to the fleeing vehicle.
5.2.4 Secondary (Second) Pursuit Unit: The police officer that trails the primary pursuit unit at a safe distance. This police officer is available to assume the role of primary pursuit unit or assist when the fleeing vehicle stops.
5.2.5 Tertiary (Third) Pursuit Unit: The police officer that trails the secondary pursuit unit at a safe distance. This police officer provides support of the primary and secondary pursuit units when they enter another zone or enter the city limits of Atlanta from another jurisdiction.
5.2.6 Watch Commander: The sworn supervisory officer responsible for all personnel assigned to a specific watch in a zone.
APD.SOP.3050 “Pursuit Policy”, issued September 1, 2008
Form APD 602 “APD Pursuit Report” Form APD 603 “APD Pursuit Log Form”
OCGA § 17-4-20(b) Arrest without warrant OCGA § 40-6-6 Authorized emergency vehicles OCGA § 40-8-90 Use of flashing or revolving blue lights OCGA § 40-8-91 Marking of official vehicles OCGA § 40-8-94 Sirens, whistles, or bells
Commission on Accreditation for Law Enforcement Agencies (CALEA) 5th Edition Standards 1.3.2, 1.3.4, 41.2.2, 41.2.3.
The 2003 Metropolitan Atlanta Inter-Jurisdictional Pursuit Policy Memorandum of Understanding and future revisions. |
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