[Ord. No. 564 §1, 3-14-1994]
Vehicular pursuits are to be initiated by the City of Herculaneum
Police Department only when a suspect clearly exhibits the intention
of avoiding arrest by using a vehicle to flee. An officer's decision
to initiate a vehicular pursuit shall be based on the pursuing officer's
conclusion that the immediate danger to the public created by the
pursuit is less than the danger to the public should the suspect remain
at large. The officer's decision to institute a vehicular pursuit
shall also take into consideration the seriousness of the crime committed
by the suspect, whether the alleged crime would require a full custody
arrest, roadway, traffic and pedestrian conditions, Police vehicle
type, the possibility of an alternative action other than a vehicular
pursuit and whether the suspect, if allowed to flee, would present
a danger to human life or cause serious injury.
[Ord. No. 564 §2, 3-14-1994]
A.
If
the officer determines that a vehicular pursuit is warranted, after
considering the guidelines set forth herein, the officer shall notify
the dispatcher of the pursuit and the reason for the pursuit as well
as all identifying information known to the officer concerning the
vehicle and its occupants, including the speed and direction of travel.
The dispatcher shall also immediately notify the Chief of Police.
The Chief of Police shall remain in constant contact with the dispatcher
as well as the officer in pursuit at all times and until the pursuit
is terminated.
B.
The
vehicle involved in the pursuit will have its emergency lights and
sirens activated at all times during the pursuit.
C.
There
shall be no use of force, including but not limited to, ramming, bumping
or colliding with the fleeing vehicle, pulling along side the fleeing
vehicle in an attempt to force it off the road or into an obstacle
or the discharge of a firearm at or from the moving vehicles, except
as the ultimate measure of self-defense, or in defense of another
when the suspect is using deadly force by means other than the vehicle.
D.
If
a pursuit enters into another jurisdiction or City, the officer shall
notify the law enforcement agency of the jurisdiction affected by
the pursuit and will request of the involved jurisdiction assistance
in the pursuit. Should the subsequently affected jurisdiction initiate
pursuit, the City of Herculaneum's Police Officer will discontinue
active pursuit.
[Ord. No. 564 §3, 3-14-1994]
If, after evaluating all known facts and significant factors
as set forth in this Article, the Chief of Police determines that
the pursuit is a detriment to public safety, the pursuit shall be
immediately discontinued. Pursuit shall also be terminated once the
pursuing officer is outside of the jurisdiction and has lost contact
with the suspect being pursued.
[Ord. No. 564 §4, 3-14-1994]
It shall be the pursuing officer's responsibility to submit
a written report as to the reasons, purposes and outcome of the vehicular
pursuit to the Chief of Police within twenty-four (24) hours following
the pursuit. This statement shall include an opinion as to adherence
to the requirements of this Article as well as the ultimate results
of the pursuit.
