Case Study 001 - Pursuit Policy
Prepared by the Justice Research Institute of the Office of Professional Standards
Authors: Axton "Gerd" Genesis
Table of Contents
(1) Defining Pit Maneuvers and Spikes as a Use of Force
The current pursuit policy, §3.2 - Pursuit Information, does not specify any information regarding pit maneuvers, spikes, or roadblocks usage. However, it can be assumed that DPS regards the usage of pit maneuvers and spikes as lethal force. §3.1 - Use of Force Policy, describes the usage of lethal force as Level 4, “The individual is actively endangering others on a serious bodily damage limit” (DPS, 2023)
(2) Interpretation of Illegal Pit Maneuvers
However, it could also be interpreted that DPS does not permit pit maneuvers in any way. §3.2, Bullet 2 states, “Remain at a safe distance (50-100 meters) from the vehicle you are pursuing”, and does not include provisions to allow pit maneuvers. §3.1, Level 4, bullet 2, sub-bullet a describes lethal force as “Utilization of department-issued firearms.”
(3) References to U.S. Department of Justice
Definition of Pursuit
The IRL U.S. Department of Justice, Office of Justice Programs, National Institute of Justice has previously performed a case study on this topic; refer to sourcing bullet one on this page. NCJ 122025 defines a pursuit as "an active attempt by a law enforcement officer on duty in a patrol car to apprehend one or more occupants of a moving motor vehicle, providing the driver of such vehicle is aware of the attempt and is resisting apprehension by maintaining or increasing his speed or by ignoring the law enforcement officer's attempt to stop him" (1).
Justification of this Proposal
Changes to the DPS Pursuit Policy are needed as "a clearly defined pursuit policy [...] helps reduce injury and death" (1). As stated in the 14th Amendment of the Constitution of the United States, "nor shall any State deprive any person of life, without due process of law" (2).
Usage of Deadly Force
Additionally, the U.S. DOJ Use of Force Policy, see references bullet 2, states, "Deadly force may not be used solely to prevent the escape of a fleeing suspect" (3). The IACP also states that, in hostage scenarios, deadly force may be used in "Circumstances in which the hostage is being subjected to or reasonably appears to be subjected to actions by the suspect that create a substantial risk of causing or resulting in death, serious physical injury, or the commission of that class of offense under statute that justifies the use of deadly force" (4).
Roadblocks
According to the U.S. DOJ, "Use of roadblocks and ramming by police increases the capture rate while reducing the overall injury rate" (1). There are multiple types of roadblocks; see the below graphic
Rolling Roadblocks are rarely effective in Liberty County, and Fixed Roadblocks are dangerous. But Partial Roadblocks are incredibly effective in limiting a suspect's maneuverability and allow police to restrict the suspect's movement. Partial Roadblocks can also lead to Fixed Roadblocks or Boxing maneuvers.
Fixed Roadblocks or Type 2 Rolling Roadblocks are effective in limiting civilian access to the pursuit area, allowing officers to conduct Pit or Ramming maneuvers safely
(4) Proposed New Policy
Be it known that the Office of Professional Standards' Justice Research Institute recommends that the following addition be adopted into the Pursuit Information Policy after the final "chase policy" or "pursuit policy"§3.2 - Pursuit Information
The following policies are listed directly as "Pursuit Use of Force Policies":
Pit Maneuvers, Ramming, Spike Strips, Stop Sticks, and the usage of firearms to immobilize a vehicle are all considered Level 4: Lethal (Active) uses of force, and are subjected to §3.1 - Use of Force Policy.
Lethal Force may only be used in a pursuit if:
A sworn supervisor has authorized the usage of lethal force; and
The individual shows clear and malicious intent to cause injury or death to any person other than himself; or
The individual is driving in a manner which is extremely likely to cause injury or death to any person other than himself.
Lethal Force may not be used if:
A non-suspect individual is present in the suspect's vehicle, such as a hostage or civilian passenger; and/or
The usage of lethal force could cause injury or death to the officer or to any person other than the suspect; and/or
The officer to use the lethal force is unranked.
Roadblocks
Partial Roadblocks should be used to reduce the speed of the suspect vehicle
Static Roadblocks should be used to confine the suspect vehicle to a specific area (ex: highway 55).
Primary Static Roadblocks; Upon a pursuit entering Highway 55, static roadblocks must immediately be set at: (a) the intersection of Riverside Dr and Highway 55; (b) the intersection of Freedom Ave and Highway 55; and (c) the intersection of Gibson Ln and Highway 55. This is in an attempt to prevent the suspect from entering the River City urban area.
Secondary Static Roadblocks; Upon a pursuit entering Highway 55, static roadblocks can be set at: (a) the intersection of Spring Creek Rd and Highway 55; (b) the intersection of Maple Street and Highway 55, on both sides; and (c) the intersection of Valley Dr and Highway 55.
Static and Type 2 Rolling roadblocks should be used to keep civilians out of the pursuit area, allowing officers to safely perform Lethal Force in a pursuit.
References
Restrictive Policies for High-Speed Police Pursuits, NCJ 122025. U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.
United States Consitution, 14th Amendment, Section 1
U.S. Department of Justice, Office of the Attorney General. Memorandum regarding the Department's Updated Use-Of-Force Policy, May 20, 2022.
International Association of Chiefs of Police, Model Policy, Hostage Situations, September 2007
