Kennedale Police Department

Reference: Chapter 7 Policy #10

Subject: Law Enforcement Operations- Date: 08/01/2011
Police Pursuits Revised: 07/02/2019

Purpose: To establish standard operating procedures governing the operation of police vehicles
and making decisions with regards to vehicular pursuits.

Standard: Public Safety vs. the Immediate Need- to- Apprehend – Pursuit: An active attempt by
an officer in an authorized emergency vehicle to apprehend a suspect who is fleeing or evading
apprehension, provided the officer reasonably believes that the suspect is refusing to stop and is
willfully fleeing capture by high-speed driving or other evasive maneuvers. Pursuits shall be
conducted only with activated emergency equipment and under circumstances outlined in this order.

Policy:

First and foremost- the primary police mission of the Kennedale Police Department is the protection of
lives and the safety of all citizens, including our police officers.

It is the responsibility of the agency to assist police officers in the safe performance of their law
enforcement duties, including police pursuits. To fulfill these obligations, it shall be the policy of the
Kennedale Police Department to regulate the manner in which police pursuits are undertaken and
performed. All emergency vehicular operations shall be conducted in strict compliance with state law,
as well as, established agency policy. While state law exempts authorized emergency vehicles from
ordinary traffic laws, these exemptions do not relieve the driver of an authorized emergency vehicle
from his/her professional, ethical, or legal duty of public safety, nor shall such exemptions relieve the
officer from the consequences of his/her reckless disregard for the safety of others.

Pursuit of a suspect or violator may be engaged whenever a reasonably prudent officer, under the same
or similar circumstances could believe, in the exercise of discretion, that the need to immediately
apprehend the suspect or violator outweighs a clear risk of harm to the public in initiating, continuing,
and terminating the pursuit.

Officers of authorized emergency vehicles, operating under emergency conditions, shall use both their
emergency lights and siren complying with state law and agency policy. Emergency warning
equipment shall be used consistent with both legal requirements and pubic safety to signal and warn
other motorists that emergency situations exist and the right-of-way should be relinquished to
authorized emergency vehicles. This policy sets forth the standard operating procedures to be used by
our officers for initiating, conducting, and terminating police vehicular pursuits.

Procedures:

A. Initiation of Pursuit:
1. The initiation of a police pursuit is based upon the officer’s discretion. The decision to
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initiate pursuit must be based on the pursuing officer’s conclusion that the immediate
danger to the officer and the public created by the pursuit is less than the immediate or
potential danger to the public should the suspect remain at large.

2. Any law enforcement officer in an authorized emergency vehicle may initiate a police
pursuit when all of the following criteria are met:

a. The suspect exhibits the intention to avoid arrest by using a vehicle to flee
apprehension for an alleged violent felony offense that would normally require full
custodial arrest;

b. The suspect operating the vehicle refuses to stop at the direction of the officer; and

c. The suspect, if allowed to flee, would present a continuing danger to human life.

d. The pursuit of suspects who have committed only traffic violations is specifically
prohibited.

3. In deciding whether to initiate pursuit, the officer shall consider the following
circumstances:

a. Environmental conditions such as road, weather (rain, fog, snow/ice), or darkness,

which increases the danger of the pursuit;

b. Population density including vehicular and pedestrian traffic near city parks, schools,
and residential neighborhoods;

c. The relative performance capabilities of the pursuit vehicle and the vehicle being
pursued;

d. The pursuing officer’s familiarity or unfamiliarity with the area in regards to notifying
the dispatcher of his/her location and direction of travel;

e. The seriousness of the offense; and

f. The presence of others in the pursuing police vehicle.

B. Rules of Pursuits:

1. Upon engaging in pursuit, the pursuing units shall activate emergency equipment
including both lights and siren.

2. When engaged in a pursuit, pursuing officers shall not drive with reckless disregard for the
safety of others. The pursuing officers should avoid duplicating the violator’s reckless or
hazardous driving maneuvers, further endangering the public. The officers’ primary
responsibility is the safe operation of his/her vehicle.

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3. Officers shall not pursue motorcycles at high-speeds.

4. During high-speed pursuits officers shall not ram, bump, or collide with a fleeing vehicle.

5. Police vehicular pursuits shall be limited to two conspicuously marked patrol vehicles, a
primary and secondary unit. All other law enforcement personnel should be alert to the
pursuit progress and location.

6. Unmarked police units should avoid police vehicular pursuits. When a pursuit is initiated
by other than a marked patrol unit, the unmarked police unit shall disengage when a
marked patrol unit becomes available.

7. Officers shall not fire their weapons at fleeing vehicles, unless deadly force is authorized.

8. Officers are strictly prohibited from pursuing violators the wrong way against the flow of
traffic on any interstate, controlled access, or divided highway, but instead should alert
other pursuing units of the suspect’s location, speed, and direction of travel.

9. The pursuing units may maintain pursuit, as long as it is safe to do so, or until directed to
terminate the pursuit by the patrol supervisor, commanding officer, or apprehension of the
suspect.

10. If accompanied by a prisoner, officers shall not engage in a police vehicular pursuit.

C. Primary Unit Duties & Responsibilities:

1. The primary unit initiates the police vehicular pursuit using emergency equipment, both
lights and siren, to warn motorists.

2. The primary unit bears the operational responsibility for the pursuit, unless relieved by a
patrol supervisor or command staff. All emergency vehicle operations shall be conducted
in strict conformity with applicable traffic laws and regulations, including agency policy.

3. The primary pursuing unit, in all cases, shall notify the dispatcher providing the following
information:

 Police unit identification;

 Location, direction, and speed of the pursuit;
 Vehicle description, including license number;
 Reason for the pursuit;
 Number of occupants; and
 Violator’s driving behavior.

The primary unit is responsible to keep the dispatcher informed of the pursuit's progress
including location, direction, and pursuit status. Failure to provide the above information
may be cause for the patrol supervisor or commanding officer to order termination of the
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pursuit.

4. The primary unit shall continually evaluate / assess the pursuit situation and terminate the
pursuit when he/she reasonably believes the public safety risks outweigh the need to
apprehend the fleeing violator.

5. The primary unit may terminate the pursuit at any time. Officers will not be censured or
disciplined if they choose to terminate a pursuit that constitutes an unreasonable risk. Upon
termination, pursuing officers will immediately shut off their emergency equipment.

6. The primary pursuing officer is responsible for the original offense and arrest reports
documenting all criminal violations committed by the violator including a use of force
report.

D. Secondary Unit Duties & Responsibilities:

1. The dispatcher, under the direction of the primary pursuing officer’s supervisor, will
coordinate backup assistance. The secondary unit’s primary responsibility is to provide the
primary unit backup assistance, as needed.

2. Upon joining the pursuit, the secondary unit shall immediately notify the dispatcher of
his/her identity. The secondary unit may assume the responsibility for radio
communications, allowing the primary unit to devote their full attention to driving.

3. The secondary unit will maintain a safe distance behind the primary unit. During the
pursuit, the secondary unit will not attempt to pass the primary unit.

4. If the primary unit becomes disabled, the secondary unit will become the primary unit.
The dispatcher or the patrol supervisor may assign another unit to join the pursuit.

E. Dispatcher's Duties & Responsibilities:

1. The dispatcher shall receive and record all incoming information related to the pursuit,
including the pursued vehicle.

2. The dispatcher shall alert all law enforcement units that a pursuit is in progress, providing
relevant information, while clearing the primary radio channel of unnecessary radio traffic.

3. The dispatcher shall assign a secondary unit and coordinate assistance under the direction
of the patrol supervisor.

4. The dispatcher shall notify neighboring jurisdictions (where practical) when pursuit may
extend into their locality.

5. The dispatcher shall promptly notify the patrol supervisor and command staff, regarding
the pursuit.

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6. The dispatcher shall perform relevant record and motor vehicles checks, such as motor
vehicle registration, whether the vehicle is stolen, etc. The dispatcher shall continue to
monitor the pursuit until it has been terminated.

F. Supervisor's Duties & Responsibilities:

1. Upon notification, the patrol supervisor shall verify the following:

 Identification of the primary and secondary units;

 Number of police units involved in the pursuit;
 Radio frequency being utilized;
 Reason or purpose for the vehicular pursuit; and
 Notification of area law enforcement agencies such as county or state agencies.

2. The patrol supervisor shall monitor incoming information, coordinate and direct activities
to ensure that proper procedures are used. The Supervisor shall have the discretion to
terminate the pursuit at any time, as warranted.

3. In the absence of adequate information from the primary or secondary units, the supervisor
may terminate the pursuit. When the public safety risks outweigh the immediate need to
apprehend, the supervisor shall terminate the pursuit, as directed by agency policy.

4. As with any tactical problem, it is not necessary that the patrol supervisor be physically
present in order to coordinate and assert control of the pursuit. However, the patrol
supervisor should promptly proceed to the termination point to provide guidance and
necessary supervision.

5. The patrol supervisor, in charge of the pursuit, shall notify the Chief of Police as soon as
possible. Upon notification, the Chief of Police or his designate may elect to assume
command of the operation, exercising control through the patrol supervisor. This
command responsibility shall include all agency personnel involved in the pursuit.

6. Following termination of the pursuit, the supervisor shall ensure the primary officer
completes a pursuit report for the pursuit and is submitted through the chain of command
to the Chief of Police. This report shall be critiqued by the appropriate supervisors to
determine compliance with agency policy, state law, and to detect and correct any training
deficiencies. The pursuit report will include the following:

 Reasons for the pursuit

 Personnel involved
 Pursuit results
 Injuries or damages or other significant events
 Date / Time
 Need to Apprehend the suspect

G. Administrative Review
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1. The Chief of Police shall be responsible for an administrative review of each pursuit use of
force report to determine compliance with agency policy, state law, and to correct any
training deficiencies.

2. The purpose of the pursuit review is to determine the following:

a. Was the pursuit warranted? If so, was the pursuit in compliance with state / federal
laws as well as agency policy?

b. Are there any training issues that need to be considered?

c. Are any policy changes warranted?

3. Following the administrative review, the Chief of Police will be responsible to take
whatever corrective action is necessary regarding any violations of state law, agency policy
or training deficiencies.

4. Annually, the Captain shall be responsible to prepare an annual report summarizing all
agency pursuits. (BP7.14)

a. The Captain must submit the findings to the Chief of Police for administrative review.

b. An annual review of police pursuits may reveal patterns or trends that indicate a need
for changes in agency policy or training.

5. The Chief of Police shall be responsible to ensure that all police officers receive training,
regarding the agency’s pursuit policy, including initiating, conducting, supervising, and
terminating police vehicular pursuits. (BP7.14)

H. Pursuit Tactics:

In order to diminish the likelihood of a pursuit, officers intending to stop a vehicle should
when practical, be within a close proximity to the vehicle prior to activating emergency
equipment. Police pursuits require a Code 3 response, in accordance with state law. The
officer will attempt to warn others by maintaining a high level of visibility by activating his
emergency equipment, both lights and siren.

1. Forcible Stopping:

a. During high-speed pursuits, discharging a firearm or the ramming of a fleeing

vehicle shall be strictly limited and governed by the agency’s “Deadly Force” policy.
Ramming a moving vehicle at high speeds is a very dangerous maneuver. Officers
may not intentionally use their vehicle to bump or ram the suspect’s vehicle in order to
force the vehicle to stop.

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b. Because training is not available to our patrol officers, officers are not authorized to use
the Precision Immobilization Technique (PIT). The PIT maneuver requires specialized
training and a set of defined circumstances in order for it to be performed safely. It
should be performed at low speeds on wide straight-aways, on dry pavement by a
properly trained driver.

c. Tire Deflation Devices: Patrol Officers have not been trained and are not authorized to
use stop sticks/road spikes.

2. Roadblocks: The Kennedale Police Department administration does not authorize the use
of “roadblocks” by officers.

a. Because of the extreme dangers inherent in the use of roadblocks, the agency does not
authorize the use of roadblocks.

b. Because the Texas Legislature has not authorized a statewide procedure governing
roadblocks, the use of roadblocks or checkpoints solely for the purpose of checking for
traffic violations was ruled unconstitutional by the Texas Court of Criminal Appeals
[Holt Case] under the Fourth Amendment, which prohibits unreasonable search and
seizures.

3. Caravan: Only authorized emergency vehicles will participate in the active pursuit. Unless
authorized by a supervisor, pursuit shall be limited to the assigned primary and backup
units. Officers are not otherwise permitted to join the pursuit team or follow the pursuit on
parallel streets.

4. Spacing: All pursuing units shall space themselves at a safe distance, allowing for braking
or reaction time in the event the lead vehicle suddenly stops, slows, or turns.

I. Termination: Officers should continue pursuits only as a last resort, using sound judgment
while making a continuous appraisal of the pursuit. Pursuing officers, including the
supervisor, must continually assess the pursuit situation, weighing the immediate need to
apprehend vs. public safety concerns.

1. Whenever there are safer alternatives available, the officer should employ the safest
alternative.

2. A pursuit shall be terminated under any of the following circumstances:

a. When public safety risks, created by the pursuit, outweighs the necessity for immediate
apprehension;

b. When the violator's identity is known to the officers;

c. The offense is a traffic infraction, misdemeanor, or non-violent felony;

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d. When the officer loses visual contact with the suspect's vehicle or the pursued vehicle's
location is no longer known;

e. When prevailing traffic, roadway, and/or environmental conditions clearly indicate the
futility of continued pursuit;

f. When the pursuing officer knows that the fleeing vehicle is operated by a juvenile and
the offense constitutes a misdemeanor or a non-violent felony, and the safety factors
involved are obviously greater than a juvenile can cope with;

g. When the high-speed pursuit involves a motorcyclists, who is obviously not going to
voluntarily yield to the officer's command to stop; and

h. When at the direction of a patrol supervisor or command personnel.

3. The termination of a pursuit does not prohibit the following of a vehicle at a safe speed, or
remaining in the area to continue pursuit, if the opportunity and conditions permit.

J. Interjurisdictional Pursuits:

1. General Considerations:

a. If the reason or nature of the pursuit is in conflict with an agency's pursuit

policy, that agency may decline to participate in the pursuit even though their
assistance has been requested.

b. Any agency involved in the pursuit may choose to terminate involvement at

any time the agency believes the pursuit places the lives and property of both
the public and/or the officers involved at undue risk.

2. Notifications: Before entering another jurisdiction, or as soon as practical,

the pursuing agency will notify the other jurisdictional agency of the
following information:

a. A pursuit has entered or is about to enter their jurisdiction.

b. The location and direction of travel.

c. The primary offense for which the vehicle and occupants are wanted.

d. The vehicle license number and complete description of vehicle and

occupants.

d. The number and description of pursuing units as well as their relative location to the
vehicle being pursued.

f. Whether or not assistance is needed.

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3. As appropriate, the initial agency will notify the jurisdictional agency that the
pursuit is:

a. Leaving the jurisdiction,

b. Has been discontinued, or

c. Has ceased and of the ending location.

4. Control of the Pursuit:

a. The initiating agency will have control of and will be responsible for the
pursuit. Other agencies will not participate unless requested to assist.

b. A total of no more than three (3) vehicles from the combined jurisdictions
will be involved in any pursuit. At least one of the three involved should be a
supervisor. One additional unit from the current respective jurisdiction may
trail the pursuit, by keeping the pursuit in site from a distance to assist
officers if needed.

5. Prohibited Practices:

a. The intentional use of roadblocks designed to stop the pursued vehicle.

b. Intentional bumping or ramming of the pursued vehicle.

c. Intentionally forcing the pursued vehicle off the roadway.

d. Pursuing a vehicle the wrong way on a one-way street or the wrong way on a
divided roadway.

e. Shooting at the pursued vehicle, unless necessary to protect against

imminent death or serious bodily injury to an officer or another person.

6. Responsibilities

Initiating Agency:

a. Arrest and custody of the persons charged.

b. Arraignment of arrested persons.

c. Disposition of any passenger.

d. Disposition of the arrested person's vehicle.

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e. Coordination of all reports related to the arrest, citations and criminal

charges.
Agency of Primary Jurisdiction:

a. Reporting of any traffic collision(s) that occur as a result of a pursuit.

b. As a matter of professional courtesy, a supervisor from the agency where

the pursuit ceases will respond to the location to offer immediate
assistance at the scene and to determine any pertinent information
regarding the pursuit.

K. Training: Police officers, especially patrol officers, shall receive training in regards to
the agency’s pursuit policy and in safe driving tactics.

1. As part of the agency’s Field Training Officer’s program, the FTO will be responsible for
training new police recruits regarding the agency’s pursuit policy, including the criteria for
initiating, conducting, supervising, and terminating police vehicular pursuits.

Michael Holguin – Chief of Police

BP 7.13 / 7.14 7.18 / 7.19

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