Policy
Policy
CHAPTER 404
404 VEHICLE PURSUITS
404.1 PURPOSE
The purpose of this policy is to provide a common set of guidelines to be
followed by all Kershaw County Sheriff's Office (KCSO) employees when
engaged in pursuit activity so as to minimize any potential danger to KCSO
employees, the general public and fleeing suspects involved in a vehicle pursuit.
404.2 POLICY
The Kershaw County Sheriff’s Office recognizes the value and sanctity of human
life. The pursuit of a fleeing vehicle may present a risk to the deputy, the suspect,
and the general public. It is therefore the policy of the Kershaw County Sheriff’s
Office to regulate the pursuit of fleeing vehicles and carefully balance the need
for the suspect's apprehension with the potential danger to the deputy, suspect,
and community.
404.3 DEFINITIONS
Caravanning – Occurs when law enforcement vehicles other than those assigned
to the pursuit follow the route of the pursuit in such a manner as to maintain close
proximity to the pursuit.
Deadly Force – Any use of force that is likely to cause death or serious physical
injury.
Forcible Vehicle Stop – Use of a vehicle to force another vehicle to stop. Forcible
vehicle stops at a high rate of speed could be considered Deadly Force.
Primary Pursuit Officer – The officer who begins the pursuit or any other officer
who assumes control of a pursuit.
Pursuit Supervisor – Any officer of the Kershaw County Sheriff's Office holding
a supervisory rank.
Reasonable Suspicion – For the purposes of this policy, an officer must be able to
articulate specific facts which, when taken together with rational inferences,
would reasonably raise suspicion that the observed person or vehicle is engaged in
criminal activity.
Secondary Pursuit Officer – The officer(s) who assists the primary pursuit officer.
The pursuit is justified only when the necessity of the apprehension of a suspect
outweighs the risks created by the pursuit.
The decision to pursue shall lie with the primary pursuit officer. The primary
pursuit officer shall also evaluate and determine whether to continue a pursuit
unless otherwise instructed by the pursuit supervisor to terminate the pursuit.
The primary pursuit officer must consider the following circumstances and
conditions before initiating a pursuit, and during a pursuit to determine if the
pursuit should be continued. (SCLEA 16.4 a)
It does not relieve the driver of an authorized emergency vehicle from the duty
to drive with due regard for the safety of all persons.
Officers who have video equipment in their patrol vehicles will activate their
video recorder upon initiating or responding to assist with a pursuit and will
record all activities until pursuit is terminated, the suspect is apprehended and
transported to the appropriate location, or the officer is no longer involved in the
pursuit.
In the event the officer who initiated the pursuit is not present when the fleeing
suspect is apprehended that officer should proceed to the appropriate location to
identify the suspect or vehicle or take the suspect into custody, if feasible.
The primary pursuit officer shall complete a detailed incident report in Zuercher
and complete a Vehicle Pursuit report in Blue Team after the pursuit has
concluded. The Vehicle Pursuit report in Blue Team will be forwarded to the
primary pursuit officer’s immediate supervisor for review.
The pursuit shall be terminated when ANY deputy determines that it is necessary
or when directed by supervisor.
1. The danger of continuing the pursuit outweighs the need to apprehend the
suspect based on the elements set forth in Section 404.4; or
2. The identity of the suspect is known and immediate arrest is not necessary;
or
3. The distance between the pursuing officer and the suspect is so great that
further pursuit is futile.
The primary pursuit officer should notify communications personnel that the
pursuit has been terminated and shall state the time and location where pursuit
was terminated.
The primary pursuit officer shall complete a detailed incident report in Zuercher
and complete a Vehicle Pursuit report in Blue Team after the pursuit has been
terminated. The Vehicle Pursuit report in Blue Team will be forwarded to the
primary pursuit officer’s immediate supervisor for review.
No more than two vehicles should be in direct pursuit of a fleeing vehicle, unless
circumstances dictate an identifiable need and the use of additional vehicles have
been authorized by a supervisor.
All officers who may be of assistance or may provide any related information
regarding a pursuit will immediately inform communications personnel and the
appropriate supervisor.
1. Evaluate the pursuit and will order the termination of the pursuit when it
appears to constitute an unreasonable risk.
1. Ensure that the primary pursuit officer completes an incident report and
vehicle pursuit form upon termination of the pursuit and ensure all in-car
camera videos are downloaded and attached to the incident report.
2. Ensure that KCSO vehicles involved in a pursuit are inspected for proper
safety and mechanical operation as soon as practicable after the pursuit
has ended.
3. Review the Vehicle Pursuit form in Blue Team and forward the report to
the division Captain and Review Board.
Forcible stops involve the use of a vehicle or a weapon to force another vehicle to
stop. Forcible stops at a high rate of speed could constitute deadly force and are
not authorized unless the use of deadly force is authorized by the pursuit
supervisor. As such, forcible stops shall be used typically only in extreme cases
to effect the lawful arrest of a person:
Roadblocks are prohibited unless the circumstances would otherwise warrant the
use of deadly force and shall be employed only as reasonably necessary and in
accordance with KCSO policy.
Officers shall not discharge a firearm at or from a moving vehicle unless the use
of deadly force is justified and there is substantial likelihood that the projectile
will not strike any person other than the suspect(s).
Only KCSO issued TDD may be used and officers must have successfully
completed training on the devices before use.
All of the following criteria shall be met before using the TDD:
Officers should avoid using TDD in certain situations such as heavy traffic,
construction areas, special events and/or other activities, which may create a
situation where the use of the TDD would be inappropriate.
The TDD shall not be deployed to stop a motorcycle or three wheeled vehicles.
The primary pursuing officer shall coordinate with the officer(s) deploying the
TDD or assisting in the pursuit in order to ensure the safe and effective use of the
devise.
1. When the decision is made to deploy the TDD, the primary pursuit officer
shall notify the officer deploying the TDD as far in advance as possible.
2. The officer deploying the TDD shall be in position in sufficient time and
notify all pursuit vehicles when the TDD is in place.
3. The TDD shall be deployed in accordance with the manufacturer's
recommendations and training guidelines.
4. The officer shall not maintain physical contact with the rope or the TDD
while it is being run over by the suspect's vehicle.
5. After deploying the TDD, all officers at the scene should immediately
seek protection.
6. The officer(s) deploying the TDD shall be responsible for securing the
TDD immediately after use. This includes searching the immediate area
and collecting any spikes or points which may have become detached.
The primary pursuit officer shall indicate the use of the TDD in the written report
required by this policy. The officer deploying the TDD shall also supply a written
report.
When other agencies pursue vehicles and need assistance from KCSO officers,
the following shall govern the KCSO officer(s) involvement.
Officers shall not assist in active pursuit unless requested by the pursuing agency
and such pursuit is approved by the supervisor who will become the pursuit
supervisor.
If the pursuing agency is joined by KCSO units and the pursuing agency's back-
up unit arrives to assist, the KCSO units will terminate active pursuit and cease
emergency operation unless instructed otherwise by the pursuit supervisor.
When assisting other agencies involved in a pursuit, the pursuit supervisor and
officer should determine:
Due to limited radio communications with other agencies, the pursuit supervisor
shall terminate the pursuit if necessary.
The primary officer will complete an incident report in Zeurcher and vehicle
pursuit report in Blue Team as soon as practical following the pursuit. In-car
camera videos will be downloaded and attached to the incident report. The
vehicle pursuit report form shall be forwarded to their immediate supervisor for
review. (SCLEA 16.4 i)
The primary officer’s immediate supervisor will begin a review of the pursuit as
soon as practical following the termination of the pursuit. This includes a written
report submitted by the primary pursuit officer and other designated officers as
determined to be necessary by the immediate supervisor.
The supervisor will ensure all written reports and forms related to the vehicle
pursuit are completed appropriately and all videos (body camera & in-car
cameras) are downloaded. The vehicle pursuit report in Blue Team will be
forwarded to the division Captain and Review Board for review.
An annual analysis of all pursuit shall be conducted by the Chief Deputy, Training
Division, and/or Vehicle Pursuit Board. (SCLEA 16.4 j)
If the pursuit results in damage to a KCSO vehicle, all policies and procedures
related to accidents involving KCSO vehicles shall be followed.