WSPD Pursuit Policy

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WHITE SETTLEMENT POLICE DEPARTMENT

CHAPTER 5: Operational Services NUMBER


GENERAL ORDERS 504.00
TITLE: PURSUITS
EFFECTIVE DATE: REVISION DATE:
June 1, 2012 February 28, 2023
☐ NEW ☒ AMENDS DATE: February 28, 2023
ACCREDITATION STANDARD(S):
TPCA 7.13, 7.14, and 7.18
AUTHORITY: CHIEF CHRISTOPHER COOK #391 PAGES
C. Cook #391 7

504.01 PURPOSE

The purpose of this order is to provide a framework for decision-making in the operation of an
authorized emergency vehicle during a pursuit. It also establishes rules to follow during
engagement of a vehicular pursuit.

504.02 DUE CARE

Operation of an emergency vehicle is one of the most critical acts a police officer can undertake. The
primary duty of a police officer is to protect human life. In violating traffic regulations, an officer
creates risks to self and others. For that reason, statutes and this department's rules limit emergency
vehicle operation to certain situations and incidents. Even when emergency vehicle operation is
permitted, an officer must exercise due care for the safety of others. Statutory exemptions from
governmental and personal liability may be lost if an officer is negligent in doing acts that could
reasonably have been anticipated to have harmful results. The fundamental duty is to operate an
emergency vehicle with due care and regard for the safety of oneself and others.

504.03 POLICY

Vehicular pursuits present a danger to the community, officers, and suspect involved. It is the
policy of this department to regulate the way that vehicular pursuits are undertaken and performed.
Officers and supervisors shall constantly evaluate the circumstances surrounding the pursuit and
shall immediately terminate the pursuit when the danger to the officers and/or public outweighs
the need to continue pursuing the fleeing vehicle. The Department shall train appropriate personnel
annually in the pursuit policy. [TPCA 7.13]

504.04 PURSUIT RISK-BALANCING FACTORS

Involvement of an offender's vehicle may increase the risk of harmful results to the officer and innocent
third parties in a pursuit. Officers must realize that they may be held responsible for death, injury, or
property damage caused by the pursued offender's actions. Engaging in a pursuit requires a conscious
weighing of the risk of harm from the offender's escape against the risk of harm posed by the pursuit
itself. This balance must continue as the pursuit progresses. Authority to initiate a pursuit may not
justify its continuation. Continuing a pursuit would not be reasonable, for example, after the officer
learns that the offender may be apprehended otherwise at less risk or that the risk of harm to others

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Chapter 5 – Operational Services
Section: Pursuits
from the offender’s escape is less than the risk of the pursuit itself. Among factors to be considered in
deciding to engage in or continue pursuit are:
• nature of the offense for which the pursuit was initiated;
• driving behavior of the suspect being pursued;
• time of day, road, weather, and vehicle conditions;
• knowledge of the offender's identity, possible destination, and previous activities;
• likelihood that the suspect could be apprehended otherwise;
• risk of harm to others from the offender's escape;
• risk of the pursuit itself; and
• any other factors that bear on weighing the risk of harm of continuing the pursuit against
the risks of not apprehending the suspect or recovering property.

504.05 DEFINITIONS

A. Authorized Emergency Vehicle: A vehicle of this agency equipped with operable emergency
equipment as designated by applicable law.
B. Vehicular Pursuit: An attempt by an officer in an authorized emergency vehicle to apprehend
a suspect who is actively attempting to elude apprehension while operating a vehicle.
C. Imminent Threat: There is a significant likelihood, based upon known facts, of death or serious
injury if apprehension is delayed.
D. Terminate: All units discontinue emergency vehicle operations, resume the posted speed
limits, and cease pursuit of the fleeing vehicle.
E. Primary Unit: The police vehicle that initiated a pursuit or any unit that assumes the lead
vehicle position immediately behind the fleeing vehicle.
F. Secondary Unit: The police vehicle which becomes involved in a pursuit as the backup to the
primary unit and which follows the primary unit at a safe distance.
G. Controlling Supervisor: The on-duty supervisor who assumes control of a vehicle pursuit. If
the on-duty supervisor is the unit who initiates the pursuit, as soon as possible, another unit
should serve as primary unit and allow the supervisor to assume the responsibilities of the
Controlling Supervisor.
H. Hazardous Moving Traffic Violation: An act committed in connection with the operation of a
motor vehicle on a public street, highway, private road, or parking lot which clearly
demonstrates the potential to endanger other people on the roadway and in the immediate
vicinity to where the hazardous traffic violation is occurring.

504.06 INITIATION OF A PURSUIT

A. Units authorized in a pursuit. Officers in authorized emergency vehicles may initiate a


vehicular pursuit as governed by this policy section. Officers in unmarked units may initiate a
pursuit, if properly equipped with adequate emergency lights and audible siren. Unmarked
units must be included in the Authorized Emergency Vehicle City Ordinance designation by
the City Council. A license plate frame that reads, “WSPD AUTHORIZED EMERGENCY
VEHICLE” must be affixed to the front and rear of the unmarked vehicle. Once sufficient
marked units enter the pursuit, the unmarked unit may terminate, unless authorized to continue
by the Controlling Supervisor.
B. Initiation of a pursuit. Officers shall consider the following elements while making the
decision on whether to engage in a vehicular pursuit:
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Chapter 5 – Operational Services
Section: Pursuits
1. The decision to initiate a pursuit must be based on the pursuing officer’s reasonable belief
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; AND
2. Whether it would be prudent to engage in a vehicular pursuit, given the consideration of
the following risk factors:
a. existence of vehicular and pedestrian traffic;
b. known information on the suspect;
c. road configuration (interstate, divided highway, residential street);
d. physical location and population density (residential area, school zone, business
district);
e. lighting and visibility;
f. weather and environmental conditions;
g. performance capabilities of the pursuit vehicle and the vehicle being pursued;
h. officer training and experience;
i. availability, both in time and distance, of support units, both ground and air;
j. speed and evasive tactics employed by the suspect;
k. presence of minors and/or other persons in the police and suspect vehicles; and
l. Existence of any other condition or situation that would create an unreasonable risk to
the officer or suspect; AND
3. Whether the apprehension of the suspect by other means is possible that would not create
an unnecessary public safety risk to apprehend the suspect later; AND [TPCA 7.13(a)]
4. Pursuits may be initiated when the officer reasonably determines from the circumstances
that: [TPCA 7.13(a)]
a. A Texas Penal Code felony offense has been committed in the officer’s presence or the
officer has reasonable grounds to believe that it has been committed and the offender
is escaping the officer’s presence and the officer reasonably believes it is immediately
necessary to apprehend the offender or recover property; or
b. A Texas Penal Code violent misdemeanor offense involving assault has been
committed in the officer’s presence or the officer has reasonable grounds to believe it
has been committed and the offender is escaping the officer’s presence and the officer
reasonably believes it is immediately necessary to apprehend the offender; or
c. An impaired driving offense of Driving While Intoxicated is being committed in the
officer’s presence; or
d. To apprehend initial hazardous moving traffic violations that display erratic or reckless
driving behaviors that unnecessarily endanger the public.
5. A pursuit will not be initiated solely on the officer witnessing the offense of Evading Arrest
or Detention in a motor vehicle.

504.07 PURSUIT OPERATIONS

A. Continuation. Pursuits may be continued if the officer reasonably determines from the
circumstances that it will not expose any person to a risk of collision, injury, or death greater
than a reasonable need to apprehend the offender or recover property. [TPCA 7.13(b)]
B. The first officer to become involved in a vehicular pursuit shall be designated as the Primary
Officer and shall have the following responsibilities:
1. Activation of emergency lights, siren, and camera(s) for the duration of the pursuit.

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Chapter 5 – Operational Services
Section: Pursuits
2. The notification of Dispatch Services that they are in pursuit and provide the following
information:
a. Unit identifier.
b. The location, direction and speed of the suspect vehicle.
c. The initial reason for the pursuit.
d. The license plate number, vehicle description and number of occupants, if known.
e. Existence of any information concerning the presence or use of firearms, overt threats
of force, or other unusual hazards.
f. Provide frequent updates regarding the pursuit conditions, location, direction, speed,
weather conditions, and presence of other traffic, until relieved by another unit calling
the pursuit.
C. The Dispatcher will have the following responsibilities:
1. Notify and assign the Controlling Supervisor.
2. Clear the radio channel of non-emergency traffic and transmit all pertinent information on
the pursuit to other police units.
3. Advise pursuit units of any known or potential hazards such as crashes, street closings,
repairs, and other dangers in the path of the pursuit.
4. Relay necessary information to other officers and jurisdictions.
5. Initiate a command notification through EVERTEL.
6. If the pursuit enters an area using a different radio channel, the original dispatcher shall
continue communications responsibility. All units shall utilize the radio channel on which
the pursuit originated, and Dispatch Services has the option to radio patch the channels, if
applicable.
D. The Controlling Supervisor shall have the following responsibilities: [TPCA 7.13(c)]
1. Immediately, upon learning of a police pursuit or assigned by Dispatch Services, take
command of the situation as the Controlling Supervisor.
2. The designated Controlling Supervisor has the option of joining the pursuit and monitoring
it as an active participant or assuming command of the pursuit from a stationary position.
3. The Controlling Supervisor shall monitor all radio communications to ensure that only
those units authorized and designated, participate in the pursuit. The supervisor shall be
held accountable for compliance with this policy.
4. The Controlling Supervisor shall consider the nature and seriousness of the offense for
which the suspect is being pursued. The Controlling Supervisor shall also assess the
potential, if possible, for identifying and arresting the fleeing offender at a later time,
depending on the ongoing public safety risks for allowing the suspect to remain at large.
The Controlling Supervisor, without lessening the responsibility of the pursuing officer to
continuously evaluate the circumstances of the pursuit and discontinue it without being
ordered to do so, shall also continuously monitor the pursuit and order discontinuation
when:
a. the known circumstances or facts do not justify continuing the pursuit; or
b. the actions of other police agencies or individuals increase the danger to officers or
the public.
E. In a pursuit, the officers driving the second marked unit shall serve as the secondary unit. No
more than two units should be involved in a pursuit, unless the Controlling Supervisor joins
the pursuit as a third unit or authorizes additional units.
F. Additional units may join a pursuit, one of which should be the Controlling Supervisor or their
designee. This includes more than two units when the Controlling Supervisor deems it prudent
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Chapter 5 – Operational Services
Section: Pursuits
and necessary to add more units to increase officer safety based upon the actions, nature of
offense, and number of suspects in the evading vehicle.
G. One unit, not assigned to the pursuit, shall remain in the geographical boundaries of the City
of White Settlement, unless circumstances dictate the Controlling Supervisor to authorize all
units to leave the city. In that case, Dispatch Services shall immediately notify Command Staff
to recall an off-duty officer or arrange neighboring agency coverage.
H. Additional assisting units shall activate their vehicles emergency lights and siren and advise
dispatch that they have joined or are assisting with the pursuit.
1. The assisting officers shall follow the primary unit at a safe distance.
2. Officers driving the assisting units shall never pass or take a position in front of the primary
unit unless instructed by the Controlling Supervisor to do so.
3. The second unit in the pursuit should, if practical, assume radio duties by “calling” the
pursuit, advising dispatch of the direction and location of the pursuit, along with other
requirements 504.05 B, on a continual basis.
I. Any additional officers may use their vehicles as support but shall not become actively
involved in the pursuit, violate traffic laws or operate in an emergency status, unless authorized
by the Controlling Supervisor. Support units not actively involved in the pursuit clearing and
alerting traffic to the imminent dangers that pursuits pose, should also be careful to not enter
the direct path of the pursuit that could cause unintended consequences for the pursuing and
suspect vehicles.
J. Officers shall not operate their vehicles as primary or secondary units in a pursuit when their
vehicle is occupied by any passenger (including prisoners) who is not a White Settlement
Police Officer, unless the city liability waiver form has been signed.
K. When possible, assistance from an air unit should be requested.
L. Officers shall maintain a safe following distance at all times and allow ample room for sudden
stops and changes in direction by the suspect.
M. During a pursuit the following practices are prohibited:
[TPCA 7.18]
1. Use of roadblocks to stop violators.
2. Bumping or ramming a fleeing vehicle.
3. Attempts to force the pursued vehicle off the roadway by any means.
4. Boxing in a fleeing vehicle.
5. Heading off a fleeing vehicle.
6. Pursuing the suspect vehicle off-road in a reckless manner that is likely to cause damage
to police vehicles.
7. Pursuing the suspect vehicle against on-coming traffic or on the wrong side of the road.
This prohibition does not prevent an officer from considering maintaining visual contact
with the pursued vehicle by paralleling it on the correct side of the roadway for a short
amount of time. Officers engaged in paralleling should know the extreme danger that a
fleeing suspect places other innocent motorists in when operating a vehicle on the wrong
side of the roadway, thus requiring continual review as to the facts and reasons justifying
continuation of a pursuit when the suspect drives in complete disregard for the safety of
others.
8. Driving alongside the pursued vehicle.
9. Getting in front of the vehicle and slowing down.
10. Driving at pursuit speed without lights and siren activated.

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Chapter 5 – Operational Services
Section: Pursuits
11. Discharging a firearm at a moving vehicle except as allowed under departmental rules on
the use of deadly force.
12. Holding at a standstill, stopping, or slowing any vehicles operated and occupied by
innocent third parties for the purpose of restricting the patch of an evader. This provision
does not prevent support units from warning traffic of impending dangers that pursuits
pose.
13. Placing oneself in a position where deadly force is a likely outcome based upon the path
and positioning of the evading vehicle.
14. Initiation of a pursuit if the officer has delayed the initiation of such pursuit for an
unreasonable amount of time or for an extraneous reason.
15. Use of spotlights to inhibit the driving ability of any driver. Spotlights may be used
momentarily when necessary to identify the driver or observe activity in a pursued vehicle
that might endanger an officer.
N. Pursuing officers or the Controlling Supervisor may order a pursuit terminated if, in his best
judgment, the necessity of the apprehension is outweighed by the level of danger. [TPCA 7.13(d)]

504.08 PURSUITS ENTERING ANOTHER JURISDICTION

A. Before entering another jurisdiction, communications will notify the other agency of the
pursuit and provide all necessary and pertinent information concerning the pursuit including:
1. The location and direction of travel.
2. The primary offense for which the vehicle and occupants are wanted.
3. The vehicle license number and description of the vehicle and occupants.
4. The number of pursuing units as well as their relative location to the vehicle being pursued.
5. Whether or not assistance is requested.
B. As appropriate, dispatch will notify the jurisdictional agency that the pursuit is:
1. Leaving their jurisdiction.
2. Has been discontinued and the ending location.

504.09 TERMINATION OF THE PURSUIT

A. If visual contact is lost, other than momentarily, the pursuit and code status shall be
immediately discontinued. [TPCA 7.13(d)]
B. The officer or Controlling Supervisor shall terminate the pursuit when the life or safety of any
person is endangered by the pursuit or when the pursuit becomes unsafe or hazardous to the
public.
C. The pursuit may be terminated if the suspect's identity has been determined and apprehension
at a later time is feasible.

504.10 PURSUITS INITIATED BY OTHER AGENCIES

A. Officers may join a pursuit by another agency if it reasonably believed that the agency needs
assistance or has requested assistance, as approved by the Shift Supervisor, who will then
transition to the duties of the Controlling Supervisor.
B. The initiating agency will have control of and will be responsible for the pursuit.

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Chapter 5 – Operational Services
Section: Pursuits
C. Officers will not follow another agency's pursuit outside the city limits, unless authorized by a
supervisor. The Shift Supervisor shall assume duties of the Controlling Supervisor, even if the
pursuit leaves the City of White Settlement on cases where authorization is made to allow
officers to continue in the pursuit.
D. If the pursuit ends in the City of White Settlement, the initiating agency will be responsible for
the arrest and custody of the persons charged, arraignment of arrested persons, disposition of
any passengers, disposition of the arrested persons’ vehicle and the coordination of all reports
related to the arrest, citations and criminal charges.

504.11 REPORTING

A. After any pursuit, the officers involved shall complete a vehicle maintenance request to have
the patrol unit inspected.
B. Unless injury prevents it, officers shall document the pursuit on the White Settlement Police
Department Pursuit Report prior to the end of shift. The pursuit report shall document:
[TPCA 7.14]
1. The reason for the pursuit, and whether the agency was notified of a license plate reader
alert on the suspect vehicle prior to the pursuit.
2. The personnel involved.
3. The result of the pursuit.
4. Any injury or damage.
5. Any other significant events that occurred.
6. Any additional informational elements contained in the pursuit reporting system.
C. The Patrol Lieutenant will conduct an administrative review of the pursuit to determine if the
pursuit was conducted within the policies of the department.
D. The Pursuit Report and any related documents will be routed through the chain of command
to the Chief of Police.
E. The Patrol Lieutenant will conduct an annual analysis of pursuits and forward the report to the
Chief of Police. [TPCA 7.14]
F. An annual statistical summary report will be produced for the public that contains generally
releasable information related to pursuits that occur.

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Chapter 5 – Operational Services
Section: Pursuits

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