NJ Attorney General Pursuit Policy
NJ Attorney General Pursuit Policy
NJ Attorney General Pursuit Policy
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JoN S. CORZINE
ANNE MILGRAbI
Attorney General
Subject:
Please find enclosed the latest revision to the New Jersey Police Vehicular Pursuit Policy.
The policy outlines the proper procedures to be followed when police officers are confronted with
the possibility of pursuiug a fleeing vehicle. As in pievious revisions, the primary purpose of the
policy is to secure a balance between the protection of the lives and safety of the public and
police officers, and law enforeements duty to enforce the law and apprehend violators.
The latest revision addresses two important concerns: (1) officers are reminded that
during the process of "closing the gap" while in pursuit, they are subject to the laws governing the
right of way pursuant to N.J.S.A. 39:4.-91 and 92; and (2) officers are also reminded to factor in
the existence of controlled intersections during a pursuit. This revision also requires police
departments to determine whether collisions involving a police vehicle were preventable.
Implementation of this policy provides greater safety to the public as well as law
enforcement personnel, while facilitating enforcement of the law. Any questions concerning the
implementation of this new policy should be addressed to Criminal Justice Director Deborah L.
Gramiccioni, or her designee.
Attorney General
VEHICULAR PURSUIT
New Jersey Police Vehicular Pursuit Policy
Issued December 1985
Revised January 1993
Revised September 1999
Revised December 2001
Revised July 2009
PREFACE
In developing the policy revisions issued in 1993, the New Jersey Task Force on Police
Vehicular Pursuit Policy was mindful of the requirement that such a policy appropriately weigh a
police officers sworn duty to apprehend lawbreakers with the obligation to protect life and the
public safety. Throughout the process, each member of the Task Force worked conscientiously
to reach a consensus in this area of cdtical importance.
The 1993 policy revision significantly broadened the scope of the 1985 guidelines. The
Task Force was particularly cognizant of the important role played by police supervisors in the
implementation of any pursuit policy. Police supervisors occupy a pivotal role in assessing the
degree of risk inherent in any pursuit and in properly balancing that risk against the need to
apprehend a fleeing offender. The 1993 policy outlined the responsibility of police supervisors
to manage and control pursuit activity.
The 1999 policy revision provides law enforcement agencies with the discretion to use
authorized tire deflation devices dudng vehicular pursuits, and the 2001 revision further refines
the section on authorized tire deflation devices. Agencies should be advised that this policy
does not govern the use of tire deflation devices in situations other than vehicular pursuits.
The Task Force was convinced early on that any sound vehicular pursuit policy is
necessarily based on complete and accurate information about pursuit incidents. In order to
ensure that such information is continually available, the policy requires that all law enforcement
officers engaged in pursuit incidents file a pursuit incident report. The Task Force did not take
lightly the imposition of another reporting requirement. It did, however, strongly believe that the
dsks and potential consequences inherent in the conduct of vehicular pursuits are such that this
measure is warranted. The Task Force considered the entire range of incidents for which
police officers are now required to file formal reports and concluded that vehicular pursuits
would rank among the most critical on any such list.
The 2009 policy revision clarifies a police officers responsibilities with respect to Title 39
when he or she is attempting to close the distance between the officer and the alleged offender.
The revision states that when attempting to close the distance, police officers are subject to all
motor vehicles laws including those laws governing the right of way. The revision also directs
law enforcement agencies to investigate all collisions involving a law enforcement vehicle to
determine whether the accident could have been prevented.
The Task Force strongly believed that the value of its efforts will ultimately be
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determined by the manner in which this policy is implemented. Successful implementation will
be a direct result of the effort invested to train and inform police officers about the policys
content. Toward that end, the policy requires that all police officers attend in-se[vice vehicular
pursuit training twice a year.
The Task Force knew that the policy had to provide specific guidance as to the
conditions under which the initiation of pursuits should be authorized. Some of the most difficult
issues considered by the Task Force arose as it dealt with this key portion of the policy. The
New Jersey Police Vehicular Pursuit Policy Task Force readily concluded that the severity of 1st
and 2nd degree crimes was such that law enforcement officers should have the discretion to
pursue, but the appropriate course of action was not so quickly apparent with respect to some
other offenses.
The question of how to deal with the 3rd degree offense of car theft is complex and not
susceptible to easy resolution. While the Task Force found that the majority of pursuits
statewide were for motor vehicle offenses, a number of pursuits undertaken during the three
year period reviewed were pursuits of stolen cars. Task Force members were also aware that
tragic consequences have occurred over the same period as a result of some stolen car
pursuits. Such tragedies, no matter how infrequent, certainly militate against authorizing the
pursuit of car thieves. Nonetheless, car theft is a particularly egregious problem in our society
at the present time. Not only has car theft become epidemic in some of our communities, but
experience has shown that it is often the prelude to the commission of more serious violent
crime. We would not, by a blanket prohibition of such pursuits, want to send a false signal to
would-be car thieves that they can go about their illegal business with impunity.
There is no simple, guaranteed correct answer to this policy question. The Task Force
believed that in the final analysis, pursuit of stolen cars, like other serious crimes, must be left
to the discretion of the police officer. Of course, the policy makes it clear that if there are other
viable means to apprehend a car thief, or if there is a fair likelihood that the car thief can and
will be apprehended within a reasonable future time, or if the risks involved in the pursuit are
simply too substantial, then a vehicular pursuit should be avoided. Also, it should be clear that
this policy is not meant to imply that prolonged pursuit should be a routine response to joy riding
if such a situation could be reasonably determined in advance of the pursuit. As is so often true
with difficult law enforcement issues, an oversimplified and quick response to a complex
problem does not often serve the best interests of either the police or the public. It is the
consensus of the Task Force that pursuits of stolen automobiles, as with all other pursuits,
should be avoided whenever possible. However, the Task Force also believes that relying on
the combined judgement of police officers and police supervisors will sufficiently safeguard the
public.
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New Jersey Police Vehicular Pursuit Policy New Jersey, and who is certified by
the Police Training Commission or whose training has included
Pursuit/Emergency Driving, and who is currently employed
by a public safety agency.
Paralleling:
Street Parallelinq: Driving a police vehicle on a street parallel to a street
on which a pursuit is occurring.
Vehicle Paralleling: A deliberate offensive tactic by one or more patrol
vehicles to drive alongside the pursued vehicle while it is in motion.
Pursuit Driving: Pursuit driving is an active attempt by a law enforcement
officer operating a motor vehicle and utilizing emergency warning lights and an
audible device to apprehend one or more occupants of another moving vehicle
when the officer reasonably believes that the driver of the fleeing vehicle is
aware of the officers attempt to stop the vehicle and is resisting apprehension by
increasing vehicle speed, ignoring the officer or otherwise attempting to elude
the officer.
Pursuit Vehicles:
Primary Unit: The police vehicle that initiates a pursuit or any unit that
assumes control of the pursuit as the lead vehicle (the first police vehicle
immediately behind the fleeing suspect).
Secondary Unit: Any police vehicle which becomes involved as a
backup to the primary unit and follows the primary unit at a safe distance.
Roadblock: A restriction or obstruction used or intended for the purpose of
preventing free passage of motor vehicles on a roadway in order to effect the
apprehension of a violator.
Avenue of Escape: A gap in a roadblock which requires the violator to
decrease the vehicles speed to permit the violator to bypass the
roadblock.
Blockinq Vehicle: A motor vehicle, often a law enforcement vehicle,
which is placed perpendicular to a roadway or angled in such a way as to
create a roadblock.
~: A police officer who, by virtue of rank or assignment, is responsible
for the direction or supervision of the activities of other police officers.
Vehicle Contact Action: Any action undertaken by the pursuing officer
intended to result in contact between the moving police vehicle and the pursued
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vehicle.
Violator: Any person who a police officer reasonably believes: (1) has
committed an offense of the first or second degree or an offense enumerated in
Appendix A of this policy, or (2) poses an immediate threat to the safety of the
public or other police officers.
I.
A police officer has the authority, at all times, to attempt the stop of any person
suspected of having committed any criminal offense or traffic violation. It is clear that
while it is the officer who initiates the stop, it is the violator who initiates the pursuit. The
officers decision to pursue should always be undertaken with an awareness of the
degree of risk to which the law enforcement officer exposes himself and others. The
officer must weigh the need for immediate apprehension against the risk created by the
pursuit.
A.
Authorization to Pursue
1.
3.
b.
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etc.
4.
Driving skills
b.
c.
If instructed to do so by a supervisor, or
If the officer believes that the danger to the pursuing officers or
the public outweighs the necessity for immediate apprehension of
the violator, or
If the violators identity is established to the point where later
apprehension may be accomplished and where there is no
immediate threat to the safety of the public or police officers, or
If the pursued vehicles location is no longer known or the
distance between the pursuing vehicles and the violators vehicle
becomes so great that further pursuit is futile, or
If there is a person injured during the pursuit and there are no
police or medical personnel able to render assistance, or
If there is a clear and unreasonable danger to the police officer or
the public. A clear and unreasonable danger exists when the
pursuit requires that the vehicle be driven at excessive speeds or
in any other manner which exceeds the performance capabilities
of the pursuing vehicles or police officers involved in a pursuit, or
If advised of any unanticipated condition, event or circumstance
which substantially increases the risk to public safety inherent in
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the pursuit.
I1.
The decision to initiate and/or continue a pursuit requires weighing the need to
immediately apprehend the violator against the degree of risk to which the officer
and others are exposed as a result of the pursuit.
B.
Once the pursuit has been initiated, the primary unit must notify communications
and a superior officer providing as much of the following information as is known:
1.
2.
4.
Number of occupants.
5.
III.
No more than two police vehicles (primary unit and secondary unit) shall become
actively involved in a pursuit unless otherwise specifically directed by a
supervisor.
A motorcycle officer may initiate a pursuit, but will relinquish primary unit status
immediately upon the participation of a marked police vehicle.
An unmarked police vehicle will not participate in a vehicular pursuit unless it is
equipped with an emergency light and an audible device. The unmarked car
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2.
2.
are made aware of the roadblock and its location and have
acknowledged this awareness.
Once a roadblock has been established and a vehicle or barricade has
been positioned in the roadway, there shall be:
a.
b.
an avenue of escape
c.
Officers involved in a pursuit shall not fire any weapon from or at a moving
vehicle nor engage in any vehicle contact action except as a last resort to
prevent imminent death or serious injury to the officer or another person where
deadly force would otherwise be justified.
IV.
Train all officers in the use of the authorized tire deflation device.
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a.
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after the pursued vehicle goes over the authorized tire deflation
device.
The officer should immediately notify communications if the
pursued vehicle impacted the authorized tire deflation device, if
the officer observed any signs of deflation, and the direction and
operation of the pursued vehicle after the impact.
RepoSing
1.
c.
V.
(1)
(2)
(3)
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Keep the supervisor apprised of the duration and progress of the pursuit.
REINSTATING PURSUITS
Reinstatement of any previously terminated pursuit shall be undertaken
consistent with the authorization criteria for originally initiating a pursuit.
VIII.
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B.
1.
2.
3.
4.
5.
6.
7.
All law enforcement agencies shall prepare an annual agency Vehicular Pursuit
Summary Report for submission to the county prosecutor. The annual report
shall be submitted on the Police Vehicular Summary Report Form and shall
contain the following information:
1.
2.
3.
4.
5.
6.
All law enforcement agencies shall establish procedures for the formal review of
all pursuit incident reports.
B.
Pursuit incidents should be reviewed for compliance with applicable policy and
department operating procedures.
C.
Pursuit incidents should also be reviewed to identify the need for remedial
training of individual officers or specific areas of emphasis in agency-wide
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training regarding pursuit situations and the application of pursuit policies and
procedures.
Periodic review of pursuit incidents and summary pursuit information should be
conducted in order to identify any additions, deletions or modifications warranted
in departmental pursuit procedures.
Every law enforcement agency shall conduct an investigation when one of its
vehicles collides with another vehicle or any other object during the course of a
pursuit. The investigation shall determine whether the collision could have been
prevented. A copy of the report shall be made available to the county
prosecutor. In every case where the collision could have been prevented, the
report shall set forth the actions taken by the agency to address the cause or
causes of the collision (e.g. remedial training, revision of department policy,
disciplinary action, etc.).
XI.
TRAINING
A.
All officers shall attend in-service vehicular pursuit training twice annually.
Vehicular pursuit training shall consist of knowledge of applicable statutes,
familiarization with statewide police pursuit policy and departmental procedures,
decision making skills, and the use of an authorized tire deflation device if
employed by the agency.
An annual report shall be filed with the county prosecutor or, in the case of
certain state law enforcement agencies, with the Director of the Division of
Criminal Justice. The report will confirm in-service pursuit training of all police
officers in conjunction with semi-annual firearm requalification and the use of
force training.
INDIVIDUAL AGENCY POLICIES
Law enforcement agencies may adopt more restrictive policies as to pursuit procedures
or more extensive training and reporting requirements. In the event an agency chooses
to do so, the agency policies and procedures will prevail with respect to applicability to
that agencys personnel.
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2. Incident No
3. Pursuit data
~. Officer
5. Badge No.
6. Car No.
? Supervisor notified
8. Badge No.
18. Weather
~ Clear
[] Rein
[] Snow
[] Wet
[] Iceorsnow [] Other
[] Other
~ DI~
20. Area
~ Residential
[] Commercial
[] Highway
[] Rural
~
~
[] DWI
[] Stolen Car
~
~
Warrant (describe)
Assisting other agency (name)
Suspected criminal involvement (describe)
Other
Type
Effect
[]
[] Escaped
--I Pursued forced to stop/vehicle disabled
[]
[]
[]
[]
~ Other (descdbe)
24. Number of people injured
# Pursued vehicle
# Third party vehicles
26. Number of vehicles in accidents
Pursued vehicle
# Third party vehicles
# Police vehicles
# Pedestrians
# Police vehicles
# Pedestrians
28. Number of people arrested
# Police vehicles
30. Signature
J31. Date
J32 Reviewed by
(DCJ 7/2009)
1. Department: Enter the name of the agency involved in the pursuit and completing the report.
2. Incident No.: Enter the agencys unique number for the incident involving the pursuit.
3. Pursuit date: Enter the date on which the pursuit occurred (or began if it went past midnight).
4. Officer: Enter the name of the officer involved in the pursuit and completing the report.
5. Badge No,: Enter the badge number or other identifier of the officer in Block #4.
6. Car No.: Enter the car or unit number of the vehicle that the officer in Block #4 used in the pursuit.
7. Stlpervisor Notified: Enter the name of the first supervisor who was notified that a pursuit had been initiated.
8. Badge No.: Enter the badge number or other identifier of the supervisor in Block #7.
9.: This block reserved for use by the agency.
] 0. Initiating agency: Enter the name of the law enforcement agency that originally began the pursuit.
l ~.. ]nitiating officer: Enter the name of the law enforcement officer who originally began the pursuit.
12. Location officer became ii~.volved: Enter the location that the officer in Block #4 became involved in the pursuit,
13. Time o~fieer became involved: Enter the time that the officer in Block #4 became involved in the pursuit (use military
time).
14. Highest speed: Enter the highest speed reached during the pursuit by the officer in Block #4.
15. Location officer terminated: Enter the location that the officer in Block #4 terminated involvement in the pursuit.
16. Time officer termirlated: Enter the time that the officer in Block #4 terminated involvement in the pursuit (use military
time).
17. Approx. distance in pursuit (miles): Enter the approximate distance that the officer in Block #4 was involved in the
pursuit. Use miles and tenths of miles.
| 8. Weather: Check the box(es) that apply to the weather at the time the officer in Block #4 became involved in the pursuit.
19. Road surf~.e: Check the box(es) that apply to the road conditions at the time the officer in Block #4 became involved in the
pursuit.
20. Area: Check the box(es) that apply to the type(s) of area that the pursuit went through during the involvement of the officer in
Block #4.
2 l. Reason pursuit ilaitiated: Check the box(es) that apply to the reason that the pursuit was initiated. If the officer in Block
#4 is different than the officer in Block #11, indicate the reason(s) for which the pursuit originally began.
22. Tire deflatiol] device: Check if a tire deflation device was used. If a tire deflation device was used, enter the type of
device used (manufacturer and model) and the effect (for example, "2 tires punctured" or "pursued driver evaded device").
23. Reason pursuit terminated: Check the box(es) that apply to the reason that the officer in Block #4 terminated involvement
in the pursuit.
24, Number o:fpeople injttred: Enter the total number of people injured as a result of the pursuit in each of the categories.
25. Number of people killed: Enter the total number of people killed as a result of the pursuit in each of the categories.
26. Nttmber of vehicles in accidents: Enter the total number of vehicles involved in accidents as a result of the pursuit in
each of the categories.
27. NO, of people in pursued vehicle: Enter the total number of people in the pursued vehicle at the time that the officer in
Block #4 became involved in the pursuit.
28. Number of people arrested: Enter the total number of people arrested as a result of the pursuit, even if the charges were
not directly related to the pursuit (e.g., a passenger in the vehicle had an outstanding warrant which was discovered affer
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the pursuit).
29, List charges for driver: List all of the offenses with which the ddver was charged.
30. SJgrlature: Signature of the officer in Block #4,
3 ]. Date: Enter the date that the report was completed,
32. Reviewed by: This block can be initialed or signed by a supervisor after reviewing the report,
County
Reporting Pedod
Person completing repor~
Date completed
I am
Phone number