WICHITA FALLS POLICE DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
Subject: Vehicle Pursuit
Distribution: B
Standard Number: 41.2.2; 41.2.3
Engaging in a pursuit requires a
conscious weighing of the risk of harm from the suspect's
escape against the risk of harm posed by the pursuit itself. This
balance must continue as
the pursuit progresses by evaluating the circumstances and
additional information that
becomes apparent. Authority to initiate a pursuit may not justify
its continuation. Our goal
is not and should not be to apprehend all violators who flee,
regardless of the cost or
consequences. THE OFFICER MUST REALIZE THAT HE MAY BE HELD
RESPONSIBLE
FOR DEATH, INJURY, OR PROPERTY DAMAGE CAUSED BY HIS OR THE
PURSUED
OFFENDER'S ACTIONS.
I. PURPOSE
This General Order outlines the procedures, guidelines, and restrictions related to pursuit driving.
II. POLICY
A. Operation of a police vehicle as an emergency vehicle, whether in high-speed pursuit or in
response to an emergency call, is one of the most dangerous activities that can be engaged
in by a police officer. The police vehicle is a potential deadly weapon and high speed driving is
often a life-or-death situation. State, Law granting legal authority for emergency vehicle
operation is found in the Texas Transportation Code 546.001 - 546.005. Officers are to
carefully weigh the objectives with the risks to be taken before engaging in any pursuit.B. The Chief of Police shall cause an annual analysis to be made of all pursuits. This analysis
shall be used to reveal patterns and/or trends that may indicate a need for training and/or
policy changes. Standard 41.2.2 (j)Standard 41.2.3
III. DEFINITIONS
A. Control Supervisor - Supervisor who shall assume responsibility for the monitoring and
control of the pursuit as it progresses. He/she shall intervene and terminate the pursuit where
the risks of continuing the pursuit outweigh the nature of the violation.
B. Marked Vehicles - for purposes of this policy, marked vehicles are those clearly
distinguishable as police vehicles by means of equipment, markings and color, and
equipped with overhead lights.C. Primary Officer - the first officer to initiate the pursuit
D. Pursuit - an active attempt by a law enforcement officer on duty in a patrol car to apprehend
one or more occupants of a moving motor vehicle, providing the driver of such vehicle is
WICHITA FALLS POLICE DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
aware of the attempt and is resistinq apprehension by maintaininq or increasing his speed or
by ignoring the law enforcement officer's attempt to stop him. Following a vehicle being
operated legally, but ignoring the law enforcement officer's attempt to stop them, does not
constitute a pursuit.E. Termination of the Pursuit - Termination of the pursuit shall be defined as the total
abandonment of the pursuit. Officers, when told to terminate a pursuit, will turn off their
emergency lights and siren, reduce speed to legal limits and return to normal duties.F. Unmarked Vehicles - For purposes of this directive, unmarked vehicles are those vehicles
without distinctive markings or colors that identify them as police vehicles. Such vehicles
include those assigned to administration, investigations, narcotics, and task forces. These
vehicles mayor may not be equipped with undercover type emergency lighting.
IV. PROCEDURES
A. Decision to Pursue (Initiation) Standard 41.2.2 (b)
Every time an offender flees from an officer, the officer is faced with the decision whether or not to
pursue the offender. Before initiating a pursuit the officer should reasonably believe that the
pursuit would not expose any person to a risk of collision, injury or death greater than
the need to apprehend the suspect(s) or recover the property. [
] In making that decision, the officer must considerthe following. [
WICHITA FALLS POLICE DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
]
B. Required Notifications Standard 41.2.2 (b)
1. The primary officer initiating a pursuit shall broadcast that fact as soon as possible. The
officer should make every effort to broadcast the following.a. Location of the pursuit (hundred block and name of street or roadway).
b. Direction of travel.
c. Description and license plate of vehicle being pursued.
d. The reason for the pursuit to include the officer's reasonable suspicion and/or probable cause used to
initiate the pursuit. (I.e. suspected stolen vehicle, suspected robbery suspect, etc.).
e. Description of the occupants in the vehicle.2. In addition to the above, the officer should also advise that the fleeing vehicle is engaging in evasive actions
such as running without headlights, intentional collisions with the police unit or other vehicles, or
driving on the wrong side of the road, etc.3. Dispatch is responsible for notifying the Shift Commander
on duty of the fact that a pursuit is in progress.C. Number of Units in the Pursuit [
]
D. Control of the Pursuit - Control Supervisor/Officer
1. Designation of Control Supervisor
a. On every pursuit, one field supervisor will be designated as "Control Supervisor",
WICHITA FALLS POLICE
DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
b. The Control Supervisor of the pursuit will normally be the immediate supervisor of the primary pursuit unit, however if that supervisor is not available for immediate assignment, the closest supervisor available will be designated as Control Supervisor by the dispatcher.
c. The Control Supervisor so designated must acknowledge the designation by radio.
d. If no sergeant or lieutenant is immediately available to control the pursuit, an officer in-charge (OIC) will be designated as Control Officer.2. Responsibilities
a. Upon designation the Control Supervisor/Officer shall assume responsibility for the monitoring and control of the pursuit as it progresses. Although the controlling supervisor does not have to be actively involved in the pursuit, he/she shall be in a position to the pursuit where the supervisor can observe all traffic and road conditions and make knowledgeable judgements as to whether the pursuit should be continued.
b. The Control Supervisor/Officer shall intervene and terminate any pursuit where the risks of continuing the pursuit outweigh the nature of the violation or the pursuit is not within departmental policy.
c. The Control Supervisor/Officer is individually responsible for ordering termination of any pursuit,
which he/she feels, does not meet the criteria for continuing. Officers and supervisors have considerable
discretion on whether to continue or terminate a pursuit.
d. The Control Supervisor shall be responsible for coordination of the pursuit as follows:(1) Directing pursuit vehicles into or out of the pursuit
(2) Designation of primary, support, or other back-up vehicles' responsibilities
(3) Approval or disapproval, and coordination of pursuit tacticse. The Control Supervisor may approve and assign additional back-up vehicles to assist the primary and back-up pursuit vehicles, based on an analysis of:
(1) Nature of the offense for which the pursuit was initiated
(2) Number of suspects and any known propensity for violence
(3) Number of offenders in the pursuit vehicle
(4) Any damage or injuries to the assigned primary and back-up vehicles or officers
(5) Number of officers necessary to make an arrest at the conclusion of the pursuit,
and
WICHITA FALLS POLICE
DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
(6) Any other clear facts that would warrant the increased hazards caused by
numerous pursuit vehicles.f. The Control Supervisor shall respond to the termination point of all Wichita Falls Police Department initiated pursuits. The Control Supervisor will be responsible for controlling police actions at the scene and ensuring all reports are completed accurately.
g. Upon termination of a pursuit, the Control Supervisor will review the pursuit with the
involved officers. The officers shall complete their reports, and the Control
Supervisor will complete a Vehicle Pursuit Report (Attachment A). The Vehicle Pursuit Report and a copy of the officer's offense report shall be forwarded through the chain of command within 24-hours of the pursuit.Note: If a member of the supervisor's immediate chain of command is not available it shall be permissible for the supervisor to skip to the next available member of his or her chain of command to ensure that the 24-hour time frame is met.
E. Continuation or Termination of the Pursuit
1. A decision to continue or terminate must be based on all available known facts and must be constantly re-evaluated as conditions or circumstances change.
2. Police officers are accountable for their actions and individually bear the responsibility to terminate a pursuit at any time it becomes excessively dangerous to the officers or innocent citizens. Other factors to be considered are:
a. The nature of the offense for which the pursuit was initiated;
b. The driving behavior of the suspect being pursued;
c. The time of day, road, weather, and vehicle conditions; and
d. Knowledge of the offender's identity, possible destination, previous activities and the likelihood that the suspect could be apprehended otherwise.3. If at any time the pursuing police units encounter hazardous traffic or other conditions, which substantially increase the risk of death or serious injury to innocent citizens, the pursuit must be terminated unless the known violations are of sufficient gravity to outweigh the risks involved in continuing the pursuit.
F. Safety Guidelines
1. Pursuit will be terminated any time excessively high speed is reached, taking into
consideration traffic, weather, and all other pertinent conditions.
2. No more than [ ]police vehicles will be actively involved in the pursuit unless authorized
by the Control"supervisor/Officer. Too many units are a hazard in a pursuit.
WICHITA FALLS POLICE
DEPARTMENT(
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
a.[
]
b. If another Wichita Falls Police Officer is authorized to participate, that officer will maintain sufficient space behind the primary police vehicle to give the officer an opportunity to avoid an accident if the primary vehicle suddenly stops or performs an unexpected maneuver.
c. If additional Wichita Falls officers are authorized to be involved each officer will
maintain a safe distance between his vehicle and the nearest other pursuing vehicle.3. When a pursued vehicle goes through red lights, stop signs or major intersections, the pursuing police vehicle will slow down or stop before going through the intersections as
may be necessary for safe operation.4. Use of red lights and siren i rsUits is mandatory.
5. All officers should consider tHe seriousness of the offense committed when making a
decision as to whether or not to pursue the violator.G. Equipment Failures
1. In any event, an officer should terminate his/her pursuit if any emergency equipment on
the police vehicle stops working, especially if an officer is operating an unmarked vehicle.2. The pursuit will also be terminated at any time it appears that a defect has developed in the police vehicle, which would in any way affect the safe operation of that vehicle, including loss of any emergency equipment.
3. The pursuit will be terminated at any time brake fade is sufficient to create a hazard. It must be recognized that all vehicle brakes, particularly if any of them are of the drum type, are subject to serious brake fade when the brakes are applied at high speeds. It is probable that even one severe application of the brakes at high speed may cause sufficient brake fade to make it impossible to make a normal stop for some time thereafter.
H. High Speed Pursuits
The following orders and instructions apply in pursuit driving when the pursued vehicle is operating at high speed, and it has become probable that the pursued driver is deliberately fleeing.
[
]
2. The primary pursuing officer will continue to follow the fleeing vehicle at his discretion, but must maintain sufficient space between the police vehicle and the pursued vehicle to give the officer an opportunity to avoid an accident if the pursued vehicle suddenly stops or performs an unexpected maneuver.
WICHITA FALLS POLICE
DEPARTMENT
GENERAL ORDER NO. 200.005
REVISED DATE 06.15.1987
EFFECTIVE DATE 03.26.2003
3. Remember and expect police vehicle brakes will fade badly after even one or two high
speed applications.I. Tire Deflation Equipment and Deployment
1. The purpose of deploying tire deflation equipment is to safely and quickly end pursuits in
order to minimize the risk of injury or damage.2.[
]Only those officers who have received training in the use of the equipment will deploy it.
3. Only department provided and authorized equipment will be used. This equipment will be stored in the manufacturer's provided carry case. Supervisors will be responsible for checking and maintaining the equipment in their vehicles.
a. Until the Department is able to provide each supervisor's unit with tire deflation' equipment, at the end of each shift the supervisor shall carry the tire deflation equipment to the sergeant's office so they can be used by the,finComing shift.
b. After each use, the equipment will be thoroughly inspected for damage, spikes will be
replaced and the unit repaired per the manufacturer's instructions.
c. During each monthly inspection the shift commander will inspect the tire deflation equipment thoroughly for damage, missing spikes, etc. and will have the damage repaired or the missing spikes replaced.4. The safety of officers, citizens, and violators should be of the utmost concern, and careful
planning is essential before deploying this equipment.a. [
]
b. For all other types of vehicles, including those transporting hazardous materials, the selection of the location for the stop shall be done with utmost concern and careful planning.
Note: The only exception will be when an officer can use Deadly Force under General Order 200.010, "Deadly Force", I., B.5. The deployment location should allow for proper deployment and provide as high a
degree of safety as possible.a. Natural barriers that can provide protection for the officers should be utilized if
possible.
b. An adequate line of sight to the approaching pursuit must be available.
WICHITA FALLS POLICE
DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
c. Patrol vehicles will be parked in such a manner to provide additional warning and protection without blocking the pursuit. Patrol vehicles will have all emergency lighting activated.
d. Deployment should be set far enough ahead of the pursuit to allow for adequate setup time. A rushed deployment is ineffective and dangerous.[]
e. The deploying officer(s) will provide information on location and readiness to the pursuing officers. There shall be no deployment if the pursuing officers do not receive this information.
f. Target vehicle information must be sent from the pursuing units to the deploying officer(s). A visual confirmation by the deploying officer(s) should be made to reduce the possibility of error.6. The deploying officer(s) shall deploy the equipment in accordance with the manufacturer's recommendations.
a. Set the carrying/storage bag at the point on the road from which you want the unit to
deploy with the arrows on the bag pointing in the direction of deployment.
b. Unzip and split the entire carrying/storage bag beginning from the end with the
arrows.
c. Separate the control cable from the roll of pads.
d. At a break in traffic, roll the pads onto the roadway with a positive push.
e. Stretch out and unwind the control cable to remove any kinks, twists or sharp bends.
f. Hold the operating handle in a fixed position and lift the lever off the storage pin and
allow it to be lowered toward the faceplate.
g. To raise the spikes, rotate the lever along the faceplate from right to left (DOWN to UP position) and hold it against the up stop. Note: Correct tire puncture angle for the spikes is straight up, if this angle is not achieved for any reason, recycle the handle from down to up.
h. After the vehicle passes over the strip, retract the remaining spikes by raising the operating lever off the faceplate (lift up on handle) then return the handle to the stored DOWN and locked position on the raised storage pin.
i. The deploying officer(s) are responsible for securing the equipment immediately after use. This will include searching the area and collecting all loose spikes, repairing the equipment, replacing missing spikes, and storing the equipment.7. Replacing the Spikes
WICHITA FALLS POLICE
DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
a. Spare spikes, extra retaining grommets, metal spike seats, and a combination grommet/spike insertion tool are stored in the accessory pouch located on the side of the carrying/storage bag. []
b. If, after using the road spike to puncture tires, a metal spike seat and/or grommet is pulled from the strip or missing from the site that has a spike removed, the following replacement method is recommended.(1) First place a metal spike seat in the vacant hole, then place a spare grommet in the face of the insertion hole and press grommet into the spike hole seating it on top of the metal spike seat in the bottom of the hole.
(2) Next insert a spare spike in the replacement tool and press firmly into the grommet hole until the spike reaches the bottom of the hole.c. If the grommet and metal spike seats are still in place after a spiking incident simply
replace only the spike as instructed in step b.8. Recovering and storing the Deflation Equipment for Reuse
a. Place the handle in the storage DOWN position raised on the lever storage pin. Set the first pad containing the attached control cable on top of the open carrying/storage bag with the arrows on the bag pointing toward the end of the strip and roll the unit pad by pad toward the handle until the entire roll sits on top of the carry/storage bag.
b. Lay the rolled unit and carrying/storage bag over on the side that has the accessory pouch and wind the control cable in a similar size roll and place on top of the rolled pads.
c. Zip the carrying/storage bag closed and store the unit for reuse.J. Prohibited Practices
1. These practices are prohibited in any pursuit, unless specifically noted. Members will not
become involved in an ongoing pursuit unless so assigned by proper authority.[
WICHITA FALLS POLlCE DEPARTMENT
GENERAL ORDER INO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
]
c. A police officer shall not engage in a pursuit when the police vehicle contains
passengers who are not commissioned police officers.[
]
2. Marked and Unmarked Units
[
]
3. In pursuing motorcycles, safety of the pursuing vehicles as well as the pursued will be of
prime importance. []. Drivers of pursuit vehicles must always be aware that the rider of a pursued
motorcycle may fall from the motorcycle with the pursing vehicle presenting a serious
hazard.4. Most pursuits by police officers are initiated because of traffic violations. [
] There is, therefore, no justification for endangering human life, or even property, merely to apprehend a traffic violator. Officers of the Wichita Falls Police Department will not engage in motor vehicle pursuits based solely on any traffic offense or Class "C" Misdemeanor, with the exception that a person/vehicle suspected of DWI may be pursued consistent with the Use of Force Policy. Standard 41.2.2 (b)
5. The officer, at any time during the pursuit, shall terminate the pursuit when the officer believes that the danger involved in continuing the pursuit overrides the need to apprehend the suspect(s).
WICHITA FALLS POLICE DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
V.
Communications Center Responsibility Standard 41.2.2 (e)
A. Upon notification that a pursuit is in progress, communications personnel shall immediately assign a Control Supervisor/Control Officer and advise the Control Supervisor/Officer of the essential information regarding the pursuit.
B. Communications personnel shall carry out the following activities and responsibilities during
the pursuit.1. Receive and record all incoming information on the pursuit and the pursued vehicle.
2. Control all radio communications and clear the radio channels of all non-emergency calls.
3. Obtain criminal record information and vehicle information of the suspects.
4. Coordinate and dispatch back-up assistance under direction of the Control Supervisor/Officer.
5. Notify the Shift Commander of a pursuit that has or is about to extend beyond the city
limits.6. Notify neighboring jurisdictions, where practical, when the pursuit may extend into their
locality.C. If a pursuit appears to be going toward, or has crossed into another jurisdiction, communications personnel shall immediately alert the Shift Commander and the law enforcement agency within the jurisdiction of the pursuit. Communications personnel shall relay to the law enforcement agency the following information.
1. Location of the pursuit.
2. Description of the suspect vehicle and occupants.
3. Reason for the pursuit (charges against violator).
VI. Pursuit Outside of Jurisdiction Standard 41.2.2 (i)
A. It shall be Department Policy that an officer involved in a pursuit may leave the City limits of
Wichita Falls only if:1. The pursuit is fresh;
2. The pursuit is continuous;
3. The dispatcher has been advised that the pursuit appears to be going to extend beyond
the city limits; and
WICHITA FALLS POLICE DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
4. Permission to continue the pursuit, if feasible, has been given by the Shift Commander or Control Supervisor.
B. Ends in Wichita County Standard 41.2.2 (i)
If a pursuit ends within Wichita County and an arrest is made, officers shall transport the arrested subject to the Wichita County Detention Center.
C. Ends Outside of Wichita County Standard 41.2.2 (i)
If a pursuit ends outside of Wichita County, but within the State of Texas and an arrest is made, the arresting officer shall take the person arrested, without unnecessary delay, before a magistrate of the county where the arrest was made. In order to expedite the required warnings the arresting officer may take the arrested person before a magistrate in a county bordering the county where the arrest was made (TX CCP Art. 14.06 (a». Officers shall justify taking the arrested person before a magistrate outside the county of arrest in reports written about the incident.
VII. Pursuit Outside the State of Texas Standard 41.2.2 (i)
A. When a pursuit leaves the State of Texas and enters into another state, the officer may
continue pursuit if:1. The pursuit is fresh,
2. The pursuit is continuous, and
3. The Shift Commander has given permission to continue.
B. Officers of the Wichita Falls Police Department shall remember that they hold no powers as a peace officer outside the State of Texas, and they are considered to be private citizens. Officers shall, if possible, relinquish pursuit to the other State authorities. If the pursuit has ended within another State, officers shall obey the following guidelines:
1. Felony Offenses
Officers may make a citizens arrest for a felony. If an arrest is made by an officer of this Department, the arrested person shall immediately be turned over to the State Authorities (State in which the arrest was made). The arresting officer shall then gather all the necessary information for proper rendition proceedings. (See note below in section 2)
2. Misdemeanor Offenses
If, upon termination of a pursuit in another State, it is determined that no felony offense has occurred and an arrest is made, officers of the Wichita Falls Police Department shall immediately turn the arrested suspect over to the other state authorities for the filing of any charges that may be appropriate in that State. The arresting officer shall gather information for the filing of misdemeanor criminal charges at the local jurisdiction for any offenses that occurred within the State of Texas.
WICHITA FALLS POLCE
DEPARTMENT
GENERAL ORDER NO. 200.005
EFFECTIVE DATE 06-15-1987
REVISED DATE 03-26-2003
[
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NOTE: Oklahoma law requires that the arrested person be taken before an Oklahoma magistrate or judge prior to signing a waiver of extradition back to Texas regardless of whether the charges are felony or misdemeanor in nature. If the arrested person signs a waiver of extradition then it would be proper to return the arrested person to Texas.
Ken Coughlin Chief of Police