This post is the second in a multi-part series on police vehicular pursuit in South Carolina. If you missed Part 1, you can read it here: The Problem with Police Pursuits.
As you know from the first post in this series, police procedures for vehicular pursuit are not consistent across the state of South Carolina. In this post we consider the guidelines of the North Charleston Police Department as an example of rules and procedures implemented by local departments. These are also the policies that apply to the officers involved in the high speed chase that ended in tragedy described in Part 1.
Vehicle Pursuits and Operations
The North Charleston Police Department Policy and Procedure Manual includes a lengthy section on police pursuit and operations. The document contains guidelines for when an officer may engage in pursuit, what type of information they must communicate during the chase and to whom, responsibilities of the supervising officer, when a pursuit must be terminated, and various regulations regarding how the pursuit may be conducted.
Engaging in and Continuing Pursuit
The officer is required to use sound discretion in a pursuit assessment. While the guidelines set forth factors to be considered, the list is lengthy and a balancing test is required. It may be very difficult for an officer in a quick-decision situation to recall, consider and weigh the factors, which include:
- Whether the seriousness of the crime warrants a high speed chase
- The likelihood of apprehension and whether the suspect is known and can be apprehended later
- The setting in which the pursuit will take place
- The fact that other motorists may be unprepared for their presence
- The fact that children are often drawn toward emergency vehicles
- Traffic and road conditions, along with weather conditions and visibility
- Whether the risk to the public outweighs the benefits of pursuit
Pursuit Communication Procedures
When an officer initiates pursuit, they are to notify communications and provide ongoing updates regarding:
- The vehicle that is the target of the pursuit
- Where the vehicle is and the direction it is traveling
- The approximate speed of the vehicle
- Traffic, road and weather conditions
- Number of police vehicle involved
The initial notification triggers a variety of responsibilities for others. The communications technician clears radio traffic, contacts the supervisor, alerts other law enforcement agencies and runs the target vehicle’s license plate.
The supervisor must monitor the pursuit, help direct back-up units, and evaluate the situation to determine whether the pursuit should continue. The supervisor is required to terminate the pursuit if it becomes unsafe or unnecessary. The supervisor has other specific responsibilities, such as limiting the number of police vehicles involved in the pursuit and debriefing officers after a pursuit.
Other Vehicular Pursuit Regulations
In addition to these variables to consider and procedures, the manual puts some specific limitations on police chases. For example, officers in pursuit of a vehicle may not:
- Intentionally bump or ram the vehicle being pursued
- Drive next to the vehicle in an effort to force it off the road
- Establish a roadblock
- Fire a weapon from a moving vehicle
- Follow dangerous maneuvers of the target vehicle, such as turning the wrong way onto a one-way street
Police Officers are Required to Make Complex Decisions in the Moment
While each department is free to implement its own policies and procedures regarding police chases, the North Charleston guidelines are not unusual in that they require consideration of numerous factors in a high-pressure situation. In that circumstance, it is critical that the officer called upon to make those decisions has extensive training and familiarity with their responsibilities in that moment.
Possibly, North Charleston officers are receiving that in-depth training to prepare them to make good calls almost instantly and reassess the situation in real time as the pursuit progresses. But, a deep dive from the Greenville News a few years ago suggests that officers in many departments are not receiving that training.
A consistent, statewide policy is required to ensure the safety of everyone on South Carolina roads and to provide consistent training for officers across the state regardless of the size of their department or other variables.
The Hartman Law Firm Helps People Injured in Motor Vehicle Accidents
Whether you’ve been injured in a police chase or another type of motor vehicle accident, your best next step is to talk to an experienced Charleston car accident lawyer. To schedule a free consultation with attorney Frank Hartman, call 843-300-7600 right now, or fill out our contact form.