(A) While realizing that officers of the Village of Anna Police Department have a duty and responsibility to pursue and apprehend violators of the law, it will be the policy of the Anna Police Department to do so with the safety of the public, the violator, and the involved officers foremost in mind. A pursuit is justified only when the necessity of apprehension outweighs the level of danger created by the pursuit.
(B) Procedure.
(1) All pursuits and emergency driving will be done within the laws of this state.
(2) It will be the responsibility of each officer of the Anna Police Department to familiarize himself or herself with these codified ordinances of the village:
(a) Section 73.12 - Emergency lights.
(b) Section 73.12 - Audible signal.
1. Section 70.03 - Approaching red light.
2. Section 70.03 - Due regard for safety of others.
(c) Section 73.12 - Due regard for safety of others.
(3) During any pursuit or emergency driving, the emergency roof lights and siren will be used.
(4) Only uniformed marked police vehicles marked in accordance with current standards will be used.
(a) In the event an unmarked police vehicle initiates a pursuit of a felony suspect, as soon as a marked police vehicle can take over the pursuit, the unmarked police vehicle will pull off and act as a back-up vehicle upon the stop of the suspect vehicle.
(b) There should only be one marked police vehicle in immediate pursuit with a back-up vehicle to assist. All other vehicles shall maintain a perimeter control unless otherwise instructed.
(c) At no time will an officer the Anna Police Department be involved in a pursuit when he or she is transporting a civilian or prisoner.
(5) Dispatcher.
(a) The dispatcher will be notified upon the initiation of a pursuit giving:
1. Location;
2. Direction of travel;
3. Description of suspect vehicle;
4. Estimated speed;
5. What actions caused you to pursue; and
6. Intentions of pursuing officer.
(b) The dispatcher, upon notification of a pursuit, will immediately call for signal 99 traffic on county law enforcement frequency.
(c) The only radio traffic on this frequency should be dealing with the pursuit.
(d) The scheduled dispatcher will be responsible for maintaining radio communication logs.
(e) The dispatcher and pursuing officer are encouraged to use plain English during communications to reduce misunderstandings.
(f) The dispatcher will immediately broadcast to all units that there is a pursuit in progress and provide necessary information.
(g) The dispatcher will also contact the supervisor and keep him or her informed.
(6) Supervisors.
(a) Supervisors involved in pursuit situations should assume a back-up position unless they are the primary pursuing officer. The supervisor’s roll shall be to direct and control the pursuit through communications.
(b) The supervisor’s main concerns should be safety, methods of identifying the fleeing vehicle, tactics to stop the fleeing vehicle, and coordination of all officers involved in the pursuit.
(c) A supervisor or the primary pursuing officer should never hesitate to order the termination of a pursuit when conditions warrant.
(d) All pursuits will be terminated when it becomes an extreme danger to the public, the involved officer, and the suspect/violator.
(e) The condition of the pursuing vehicle, road and weather conditions, vehicular and pedestrian traffic, school zones, and the like should all be considered when involved in a pursuit.
(f) The degree of crime the suspect/violator is suspected of having committed must be considered also.
(g) Motor vehicle pursuits are justified only when the necessity of the immediate apprehension clearly outweighs the level of danger created by the pursuit.
(7) Tactics for stopping the suspect/violator.
(a) Through radio communication and with the assistance from other officers, attempt to identify the violator and apprehend at a later day.
(b) Consider the use of your P.A. or outside speaker to communicate with the violator or other motorists.
(c) Give the violator an opportunity to stop by placing a stationary marked police vehicle along side the road with its emergency lights on, with the officers in a safe location directing the suspect to stop.
(d) Use fuses or traffic cones to set up an apparent road block in advance of the pursued vehicle making certain that the roadway is clear and the location is safe.
(e) A moving roadblock, using two marked units in front of the violator or two in front and one along the side the violator, may be considered if conditions permit.
(f) Use of a spotlight focused in the rear window may be of assistance in stopping the suspect vehicle.
(8) Ramming should only be considered to stop a fleeing vehicle as a last resort, and then only in those extreme cases where the use of force is justified to prevent injury or death to the officer or other persons.
(9) Stationary roadblocks will be considered as a last resort and when:
(a) The use of force would be justified to prevent injury or death to the officer or other persons; or
(b) 1. If suitable devices, such as construction type barricades are not available.
2. Unoccupied marked police vehicles with their emergency lights in operation and visible to the suspect/violator may be used.
(c) Stationary roadblocks may be authorized only by a supervisor from the agency who initiated the pursuit or the supervisor from another agency who has been given control of the pursuit by his or her initiating agency.
(d) The design of the roadblock shall be in a manner as to leave an open path through the restricted area. This path should be designed so that the officer/violator could proceed through it at a slower rate of speed.
(e) At no time will privately owned vehicles or equipment be used in a stationary roadblock.
(10) Firing upon a moving vehicle.
(a) Officers shall not discharge a firearm at or from a moving vehicle except as the ultimate measure of self defense or defense of another and when the suspect is using deadly force by means other than a vehicle.
(b) Officers shall not under most circumstances fire upon a pursued vehicle; however, if fired upon, officers may return fire when appropriate.
(c) Fire at a vehicle shall also be as a last resort, only when failure to do so will, with a high degree of probability, result in injury or death to innocent persons.
(d) Officers shall take into account the location, vehicular and pedestrian traffic and the hazards to innocent persons.
(11) Who is in charge of the pursuit if multiple agencies are involved.
(a) The originating agency shall remain in charge of the pursuit unless entering a substantially different jurisdiction.
(b) The agency originating the pursuit should remain in control and will be responsible for the outcome unless the pursuit has been turned over to another agency.
(c) This agency should not join the pursuit or take any other action such as blocking the road without a request from the originating agency to do so.
(d) Other departments should maintain a back-up or perimeter position.
(Res. 319-91, passed 8-27-1991)