SAFETY LIABILITY. MANAGING the RISKS of PURSUIT. QUESTION of the DAY. Thomas Roberts Darius Quimby Bryan Verkler

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1 MANAGING the RISKS of PURSUIT Enhancing Officer Safety While Reducing Liability Steve Ashley Steve Ashley. All rights reserved. QUESTION of the DAY Who are: Thomas Roberts Darius Quimby Bryan Verkler????? LIABILITY SAFETY Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 1

EACH IS IMPORTANT, BUT SAFETY IS CRITICAL LESS

REDUCED LIABILITY WE USUALLY BASE ACTIONS ON LIABILITY

LIABILITY is reduced Being SAFE is REASONABLE WHY

2 EACH IS IMPORTANT, BUT SAFETY IS CRITICAL LESS LIABILITY CAN STILL = PHYSICAL RISK MORE SAFETY = REDUCED LIABILITY WE USUALLY BASE ACTIONS ON LIABILITY CONCERNS, BUT: If we base them on SAFETY, then LIABILITY is reduced Being SAFE is REASONABLE WHY MANAGE RISK? Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 2

PARTNERS CITIZENS THIRD PARTIES BAD GUYS

4 Hurting People Costs Money! Managing Risk is Safety for All Legal Defensibility Administrative Manageability EVERYONE S S PROBLEM SAFETY HEIRARCHY YOU YOUR PARTNERS CITIZENS THIRD PARTIES BAD GUYS Reasonable Reality Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 4

INJURIES ACTIVE AGGRESSION RESISTINGS ENFORCEMENT CONTACTS INJURIES PURSUIT COLLISIONS

RISK CONTROL METHODS Risk Transfer Segregation of Resources Loss

7 Frequency Predicts Severity Does Predictability = Foreseeability? If an Outcome Is Foreseeable, What Must We Do? RISK CONTROL METHODS Risk Transfer Segregation of Resources Loss Prevention Loss Reduction Risk Avoidance Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 7

8 LEGAL CONCEPTS Must be LEGAL BASIS for Arrest NOT REQUIRED to Retreat by Reason of Resistance LEGAL CONCEPTS Only Force NECESSARY TO APPREHEND May be Used Force Must be OBJECTIVELY REASONABLE LEGAL CONCEPTS REASONABLENESS Rather than Perfection Less Invasive Control may be DESIRABLE but is NOT REQUIRED Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 8

Negligence Standard VEHICLE PURSUIT LIABILITY SAFETY

9 LEGAL CONCEPTS USE OF FORCE Federal Civil Rights Action MOST MOTOR VEHICLE CASES State Court Negligence Standard VEHICLE PURSUIT LIABILITY SAFETY Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 9

Suspect crashes into 3 rd party Officer & suspect crash into each other Suspect escapes Suspect is captured

10 M/V Ops Problems Injured Officers, Citizens & Suspects Litigation Costs PR Damage Poor Morale Equipment Damage 7 Pursuit Outcomes Officer crashes single car Suspect crashes single car Officer crashes into 3 rd party Suspect crashes into 3 rd party Officer & suspect crash into each other Suspect escapes Suspect is captured PRIMARY FOCUS IN ALL M/V OPS MUST BE OFFICER SAFETY Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 10

11 Public Harm Risk That Degree of Risk Posed by the Suspect in Light of: The Seriousness of the Crime Committed AND The Risk to the Public Should She/He Escape NOT THE SAME Public Harm Risk (PHR) Pursuit Operational Risk (POR) PHR & POR are NOT THE SAME Reasonableness Factors Time of Day Population Density Geographic Location Officer s s Level of Skill/Training Weather and Road Conditions Nature of the Offense Other Issues Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 11

12 ALL PURSUITS INVOLVE SOME DEGREE OF RISK ALL PURSUITS The Key to Pursuit Defensibility is the Reasonableness of the Officer s s Actions, in Light of the Existing PUBLIC HARM RISK General Pursuit Issues Move is Toward Greater Restriction Much Policy is Derived from Case Law We are Tried in the Court of Public Opinion Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 12

13 Some Pursuit Figures Estimated 55,000 Pursuit Related Injuries each Year Approximately Pursuit Related Deaths Annually (some believe figure is too low) Most Crashes DO NOT Involve the Pursuing Police Vehicle Directly Since 1997, fewer than 2.3% of Officers Killed each Year Died in Pursuits More Pursuit Figures Majority of Pursuits are for Simple Traffic Only 90% of States Report Pursuit Data to NHTSA 42% of those Killed or Injured are Innocent Third Parties Estimate 1 out of 100 Pursuits Results in a Fatality 50% of all Pursuit Collisions Occur in the First 2 Minutes, 70% in the First 5 Minutes What The Bad Guys Say 70% said they would have slowed down if police had terminated or backed off 53% said they were willing to run at all costs 64% believed they would not be caught 71% said they were concerned for their own safety Only 62% said they were concerned for the safety of others Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 13

14 Pursuit Related Officer Fatalities All Officer Deaths Deaths in Pursuit NOTE: 2001 does not include 9/11 deaths Source 12/2003 COMPARISON Average 3.8 Officers Killed in Pursuits 2003 through 12/15 11 Officers Killed in Pursuits Almost a 200% Increase This Year BIG Pursuit Problems Vague Policies Lack of Training Lack of Public Understanding Emotional Involvement of Officers No Clear National Standard for Pursuit Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 14

15 PURSUIT MANAGEMENT CONTINUUM Force & Control Continuums Commonly Used for Use of Force Broad based Recognition by Officers Actually a Training Tool Illustrates the Relationship Between Resistance & Control Can Apply the Same Basic Concepts to Pursuit Pursuit Continuum Issues Fleeing is Resistant Behavior Tactics Used During a Pursuit Constitute Control Methods Pursuit Itself is NOT a Seizure, HOWEVER SOME Tactics ARE Seizures Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 15

Rolling Roadblocks Uncontrolled Contact Richmond Metro Pursuit Project More Pursuit Continuum Issues Entry Point into Continuum Disengage/de-escalate escalate Option Evaluate Proper Tactics, NOT

Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public

16 Rolling Roadblocks Uncontrolled Contact Richmond Metro Pursuit Project More Pursuit Continuum Issues Entry Point into Continuum Disengage/de-escalate escalate Option Evaluate Proper Tactics, NOT Worst Case Outcome SAFETY FIRST KNOWN THREAT POSED BY SUSPECT BEGIN PURSUIT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL DISENGAGE INITIAL INTERACTION Relaxed Interval TRAILING Offset Position Reduced Interval LEVEL 1 CONTROL Controlled Deflation Device ACTIVE INTERVENTION BLOCKING Stationary Roadblocks Boxing In LEVEL 2 CONTROL CRITICAL INTERDICTION DISENGAGE as OPTION CONTACT LEVEL 3 CONTROL SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. Controlled Contact Use of Firearms PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) KNOWN THREAT POSED BY SUSPECT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 16

17 KNOWN THREAT POSED BY SUSPECT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public BEGIN PURSUIT SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) KNOWN THREAT POSED BY SUSPECT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL BEGIN PURSUIT SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) KNOWN THREAT POSED BY SUSPECT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL DISENGAGE as OPTION BEGIN PURSUIT DISENGAGE SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 17

18 Rolling Roadblocks Richmond Metro Pursuit Project KNOWN THREAT POSED BY SUSPECT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL INITIAL INTERACTION DISENGAGE as OPTION BEGIN PURSUIT DISENGAGE Relaxed Interval TRAILING Offset Position Reduced Interval LEVEL 1 CONTROL SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) KNOWN THREAT POSED BY SUSPECT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL INITIAL INTERACTION ACTIVE INTERVENTION BLOCKING DISENGAGE as OPTION BEGIN PURSUIT DISENGAGE Relaxed Interval TRAILING Offset Position Reduced Interval LEVEL 1 CONTROL Controlled Deflation Device Stationary Roadblocks SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) KNOWN THREAT POSED BY SUSPECT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL INITIAL INTERACTION ACTIVE INTERVENTION BLOCKING DISENGAGE as OPTION BEGIN PURSUIT DISENGAGE Relaxed Interval TRAILING Offset Position Reduced Interval LEVEL 1 CONTROL Controlled Deflation Device Stationary Roadblocks Boxing In LEVEL 2 CONTROL SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 18

19 Rolling Roadblocks Uncontrolled Contact Rolling Roadblocks Uncontrolled Contact Rolling Roadblocks Richmond Metro Pursuit Project KNOWN THREAT POSED BY SUSPECT BEGIN PURSUIT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL DISENGAGE INITIAL INTERACTION Relaxed Interval TRAILING Offset Position Reduced Interval LEVEL 1 CONTROL Controlled Deflation Device ACTIVE INTERVENTION BLOCKING Stationary Roadblocks Boxing In LEVEL 2 CONTROL CRITICAL INTERDICTION DISENGAGE as OPTION CONTACT SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. Controlled Contact PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) KNOWN THREAT POSED BY SUSPECT BEGIN PURSUIT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL DISENGAGE INITIAL INTERACTION Relaxed Interval TRAILING Offset Position Reduced Interval LEVEL 1 CONTROL Controlled Deflation Device ACTIVE INTERVENTION BLOCKING Stationary Roadblocks Boxing In LEVEL 2 CONTROL CRITICAL INTERDICTION DISENGAGE as OPTION CONTACT LEVEL 3 CONTROL SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. Controlled Contact Use of Firearms PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) KNOWN THREAT POSED BY SUSPECT BEGIN PURSUIT LEVEL 3 FLIGHT: Life Threatening Felonies that Justify Deadly Force LEVEL 2 FLIGHT: Hazardous Traffic Offenses & Serious Crimes that DO NOT Usually Justify Deadly Force, but DO Present a High Level of Threat to the Public LEVEL 1 FLIGHT: Traffic Offenses and Less Serious Crimes Low to Moderate Threat to the Public OFFICER INJURY POTENTIAL DISENGAGE INITIAL INTERACTION Relaxed Interval TRAILING Offset Position Reduced Interval LEVEL 1 CONTROL Controlled Deflation Device ACTIVE INTERVENTION BLOCKING Stationary Roadblocks Boxing In LEVEL 2 CONTROL CRITICAL INTERDICTION DISENGAGE as OPTION CONTACT LEVEL 3 CONTROL SUSPECT MIGHT ENTER CONTINUUM AT ANY PURSUIT LEVEL. OFFICER MAY ENTER AT ANY CONTROL LEVEL THAT IS REASONABLE, BASED ON THE TOTALITY OF THE CIRCUMSTANCES. Controlled Contact Use of Firearms PURSUIT MANAGEMENT CONTINUUM Special thanks to Attorney Mike Brave, for his assistance in the development of this Continuum. Copyright 2003 Copyright Steve 2000 Ashley, - Steven All Rights D. Ashley Reserved ( ) Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 19

20 PURSUIT CONCERNS Pursuit Communications Notify dispatch as soon as practical State location, purpose, direction of travel and speed Make DRIVING the primary job Remember, SAFETY is the primary concern Pursuit Risk Factors Length of pursuit Intersections; road configuration Weather & environmental factors Pedestrians, bystanders, other parties Vehicle dynamics Personal issues Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 20

Natural reaction Fight flight - freeze Pursuit Fixation (BODY ALARM RESPONSE) Both physiological & psychological Manifested in many different ways; ex.

21 Natural reaction Fight flight - freeze Pursuit Fixation (BODY ALARM RESPONSE) Both physiological & psychological Manifested in many different ways; ex. Tunnel vision Adrenaline dump Auditory exclusion Unreliable mental recording Peer pressure Attitudes Emotions Other Factors Effecting Behavior Self confidence Health Fitness Fatigue Pursuit Termination Voluntary disengage In-voluntary disengage Someone crashes Forcible termination Intentional contact Blocking mechanisms Firearms Suspect escapes Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 21

22 Post Incident Activity Immediate On Scene Management Vehicle positioning Careful approach Anger Management Render first aid Call for additional assistance Monitor suspect in custody Post Incident Review Process Supervisor briefing on scene Completion of incident report Team debriefing Agency data collection (Pursuit Form) Criminal liability review Citizen review panel Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 22

Was a reasonable amount of force used? What long term measures are appropriate?

23 After Action Analysis Was officer safety a priority throughout the situation? Were officers actions appropriate to the situation? Could anything be done better? Was a reasonable amount of force used? What long term measures are appropriate? Remember: there s s MORE to driving than pursuit!! ROUTINE PATROL UNDER Routine Conditions, NO special privileges EMERGENCY RESPONSE You need The Essential Exemption Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 23

24 The Essential Exemption 1. Driving an Authorized Emergency Vehicle 2. Responding to an Emergency 3. Using BOTH Warning Lights AND Siren 4. Driving using due regard for the safety of others Not Necessarily the Same Emergency Pursuit CRITICAL VEHICLE OPS COURT CASES Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 24

25 Tennessee v. Garner 471 US 1 (1985) Deadly force may be used against a fleeing felon, if the felon has committed, or threatened to commit, a life threatening felony, and other means of apprehension are unavailable, exhausted, or unsafe, and a warning is given, when safe and feasible Seizures during pursuit termination are subject to Garner Force must be objectively reasonable Graham v. Connor 109 S.Ct 1865 (1989) Reasonable Officer on the Scene 4th Amendment Force Standards Severity of the Crime Immediate Threat Resisting, or attempting fight Tense, Uncertain, Rapidly Evolving Chew v. Gates 27 F 3d 1432 (9 CA 1994 Cert Denied) Ranked the Graham Factors 1. Immediate Threat? 2. Actively Resisting Arrest? 3. Tense, Uncertain and/or Rapidly Evolving? 4. Severity of the Crime? 5. Attempting to Evade Arrest by Flight? Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 25

26 Brower v. County of Inyo 489 US 593 (1989) A 4 th Amendment seizure occurs when there is a governmental termination of freedom of movement through means intentionally applied A roadblock constitutes a seizure under the 4 th amendment Roadblocks are force,, and must be objectively reasonable Co. of Sacramento v. Lewis 523 US 833 (1998) In order for a 4 th amendment seizure to occur, the governmental act must be intentional In order to meet the 14 th Amendment shocks the conscience test, the governmental act must be intentional Absent intent, there can be no constitutional violation Donovan v. Milwaukee 17 F 3d 944 (7 CA 1994) Intentional contact between vehicles is not presumed to be deadly force Whether it is, or is not, is based on the totality of the circumstances Intentional contact with a motorcycle can be presumed to be deadly force Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 26

27 DEPARTMENT POLICIES GENERALLY.. Failure to follow policy WILL NOT increase liability COULD be evidence of negligence PROBLEM: Custom not the same as Policy Jurisdictional Issues Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 27

28 NON-OFFICER AUTHORITY GRANTORS SELF-DEFENSE DEFENSE of OTHERS DEFENSE of PROPERTY CITIZEN'S ARREST VOLUNTEER OFFICER with REGULAR JURISDICTION GRANTORS CREDENTIALED EMPOWERMENT MUTUAL - AID BORDER AGENCY MUTUAL - AID AIDING an OFFICER EMERGENCY / FELONY EXCEPTION SPECIFIC AREA / AGENCY EXCEPTIONS JURISDICTION EXTENDERS AUTHORITY INHIBITORS ENTIRE WIDTH of ROADWAY STATUTORY SPECIFIC DISTANCE FRESH PURSUIT DEPARTMENTAL ACTION SECONDARY EMPLOYMENT INTOXICATED DRIVER EXCEPTIONS CLOSE PURSUIT OTHERS SOURCES of AUTHORITY THE RISKS Third Party Liability Worker's Compensation Costs Liability to Another Government Entity Property / Equipment Loss or Repair Political Costs to Chief or Sheriff Overtime / Fill-In Salary Costs Criminal Liability for Officer Negative Publicity AID TO and FROM OTHER NEARBY ENTITIES IDENTIFY SPECIAL MULTI-JURISDICTIONAL UNITS WITH WHICH YOUR OFFICERS INTERFACE OR ACT REVIEW ALL APPLICABLE STATE LAW (statutes, case law, common law, Attorney General's opinions) IDENTIFY ALL SOURCES OF AUTHORITY IDENTIFY MANDATORY STATE LAW RISK TRANSFER MECHANISMS IDENTIFY ANY STATUTORY LOOP HOLES BEWARE OF AMBIGUITIES & UNCERTAINTIES IDENTIFY JURISDICTIONAL RISK EXPOSURES Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 28

STAY OUT OF TROUBLE Know Legal Standard (MVC) No Special Privileges Without Exemption Understand Reasonableness Guidelines Always Use Light & Siren in Pursuit Avoid Plain Vehicles for

29 STAY OUT OF TROUBLE Know Legal Standard (MVC) No Special Privileges Without Exemption Understand Reasonableness Guidelines Always Use Light & Siren in Pursuit Avoid Plain Vehicles for Pursuit/Emergency Response Limit Use of Semi-Marked Vehicles STAY OUT OF TROUBLE Don t t Respond Unless Needed, Use Discretion Avoid Involvement While Transporting Dis-Engage Based on Risk Factors Focus on Officer Safety when using Higher Risk Tactics Follow Supervisory Direction Personal Risk Management Review Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 29

30 S A F E Emphasize SAFETY, not Liability Avoid False or Complex Training Messages In Training Focus on Frequency, not Severity Evaluate Results, Reinforce Success with Training RM WISDOM Be more concerned with Doing the Right Thing, rather than doing things right RM WISDOM BE COMPLETE ACCURATE THOROUGH COHERENT HONESTONEST Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 30

31 ILEETA International Law Enforcement Educators and Trainers Association QUESTION of the DAY Who are: Thomas Roberts Darius Quimby Bryan Verkler????? Darius Quimby EOW 1/3/1791 Thomas Roberts Bryan Verkler EOW 12/13/2003 Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 31

Officer Andre Gerard Booker Henrico County Police Department, VA End of Watch: Sunday, January 12, 2003 Cause of Death: Drowned Police Officer Sheila Herring Norfolk Police Department, VA End of

32 Officer Andre Gerard Booker Henrico County Police Department, VA End of Watch: Sunday, January 12, 2003 Cause of Death: Drowned Police Officer Sheila Herring Norfolk Police Department, VA End of Watch: Thursday, January 16, 2003 Cause of Death: Gunfire Trooper Michael Todd Blanton Virginia State Police, VA End of Watch: Wednesday, January 29, 2003 Cause of Death: Vehicular assault Officer Scott Allen Hylton Christiansburg Police Department, VA End of Watch: Friday, May 9, 2003 Cause of Death: Gunfire Police Officer Ryan E. Cappelletty Chesterfield County Police Department, VA End of Watch: Wednesday, May 28, 2003 Cause of Death: Gunfire Police Officer Rodney F. Pocceschi Virginia Beach Police Department, VA End of Watch: Monday, June 23, 2003 Cause of Death: Gunfire Police Officer Douglas E. Wendel Richmond Police Department, VA End of Watch: Wednesday, July 30, 2003 Cause of Death: Gunfire Sergeant Rodney L. Davis Greene County Sheriff's Department, VA End of Watch: Tuesday, August 26, 2003 Cause of Death: Gunfire MANAGING the RISKS of PURSUIT Thanks!! Enhancing Officer Safety While Reducing Liability Steve Ashley Steve Ashley. All rights reserved. MANAGING the RISKS of PURSUIT Thanks!! Enhancing Officer Safety While Reducing Liability Steve Ashley Steve Ashley. All rights reserved. Notetaking Guide Copyright 2003 Steve Ashley. All rights reserved. 32

USE OF FORCE / USE OF FORCE IN RESPONSE TO THREAT/NON-COMPLIANCE

Policy 300 Bellingham Police Department USE OF FORCE / USE OF FORCE IN RESPONSE TO THREAT/NON-COMPLIANCE 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force and the reasonable