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VEHICLE PURSUIT

Per MCL 257.2, authorized emergency vehicle means vehicles of the fire department, police vehicles, ambulances, privately owned motor vehicles of volunteer or paid fire fighters, or volunteer members of an emergency rescue unit if authorized by the chief of an organized fire department, a county sheriff, or the director of the department of the state, police, or privately owned motor vehicles of volunteer or paid members of a life support agency licensed by the Department of Licensing and Regulatory Affairs if authorized by the life support agency. 303.2 - 3.2 Catching up to a Vehicle For the purpose of this directive, catching up to a vehicle means a marked or semi-marked Department vehicle may exceed the prima facie speed limit (while still obeying all other traffic laws) for the purpose of catching up to, identifying, and stopping a criminal and/or traffic violator. D E T R O I T P O L I C E D E P A R T M E N T M A N U A L D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 2 of 14 2022 303.2 Vehicular Pursuits 303.2 - 3.3 Due Regard for the Safety of Others To give consideration and attention to the safety of citizens and Department members alike prior to initiating and/or during apursuit. 303.2 - 3.4 Felony A crime that is generally considered more serious in nature than a misdemeanor. A felony offender, upon conviction, may be sentenced to a term in a Michigan prison. 303.2 - 3.5 Fleeing and Eluding An individual who commits the felony offense of fleeing and eluding willfully or purposefully fails to obey a sworn Department member who commands the individual to stop or signals the driver in some lawful way which is ignored. 303.2 - 3.6 Following For the purpose of this directive, the act of following a vehicle means to proceed behind a suspect vehicle without activating emergency lights, siren, and not disregarding any traffic laws. 303.2 - 3.7 Imminent Danger to the Public A clear and present danger to the public, which outweighs the need for immediate apprehension of the violator. 303.2 - 3.8 Marked Vehicle A four (4) wheeled vehicle that is equipped with a permanent roof mounted light bar or beacons, an audible siren, and is fully marked with Detroit Police Department identification. 303.2 - 3.9 Monitoring Patrol Supervisor A patrol supervisor who has assumed and acknowledged the responsibility of monitoring the vehicle pursuit pursuant to Department Manual Directive 303.2 – 7.1 (1). 303.2 - 3.10 Motorcycle A distinctively marked two (2) wheeled police patrol vehicle equipped with a siren and an oscillating, flashing, or rotating light. 303.2 - 3.11 Pacing To follow a suspect vehicle for a stable, fixed distance in order to establish the speed traveled by the suspected vehicle. 303.2 - 3.12 Primary Unit A unit that initiates a police pursuit or any unit that assumes control of a pursuit. 303.2 - 3.13 Pursuit Driving For the purpose of this directive, pursuit driving is defined as the act of pursuing the driver of a vehicle who refuses to stop after giving the driver a visual and audible signal to stop by activating emergency lights and siren. This usually, but not always, involves the driver D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 3 of 14 2022 303.2 Vehicular Pursuits of a suspect vehicle disregarding traffic laws in order to evade arrest. 303.2 - 3.14 Safe Distance The distance between two (2) vehicles traveling in the same direction of a roadway that will ensure proper braking and reaction time in the event the lead vehicle stops, slows, or turns. 303.2 - 3.15 Secondary Unit A Department vehicle that becomes involved in a pursuit as a “backup” unit to the primary unit. 303.2 - 3.16 Semi-Marked Vehicle A four (4) wheeled vehicle that is equipped with permanent flasher type lights to the front, or flashing, oscillating or rotating lights mounted in the front and rear window area instead of permanent top mounted light bar or beacons. The vehicle is also equipped with a siren. A semi-marked vehicle is a vehicle that is identifiable as an official police vehicle with markings identifying the vehicle as such. The marking(s) may be partial, but the vehicle must be marked in some way identifying it as an official Detroit Police Department vehicle. 303.2 - 3.17 Unmarked Vehicle A four (4) wheeled vehicle that may or may not be equipped with flasher type lights, flashing, oscillating or rotating lights mounted in the front and rear window area. The vehicle may or may not be equipped with a siren. An unmarked vehicle is a vehicle that has no markings identifying it as an official police vehicle. 303.2 - 3.18 Violent Felony For the purposes of this directive, a violent felony is defined as murder, attempted murder, robbery, carjacking, kidnapping, a felonious assault resulting in injury to the victim, criminal sexual conduct 1 st and 3rd degrees, and home invasion 1 st degree. 303.2 - 4 PROCEDURES

  1. Resisting apprehension may include, but is not limited to, maintaining or increasing speed, disobeying traffic laws, or making some other overt action intended to avoid arrest. Routine traffic stops, or other instances in which Department members activate their emergency lights and sirens and the vehicle operator complies by coming to a stop in a reasonably short distance, will not be considered a vehicle pursuit.

  2. Members attempting to stop a vehicle shall activate their oscillating, flashing, or rotating emergency lights, and direct the driver by visual signal to bring the car to a stop. If the attempt to stop the vehicle fails, members shall activate the siren of their vehicle prior to initiating a pursuit.

  3. Members engaged in a police vehicular pursuit must drive with due regard for the safety of the members and others as well as property. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 4 of 14 2022 303.2 Vehicular Pursuits 303.2 - 5 Pursuit Initiation and/or Continuation Criteria

  4. Members may only initiate or participate in a vehicle pursuit where there is probable cause to believe the suspect committed a violent felony (Reference 303.2

  • 3-16, definition for violent felony).

  1. Upon inquiry of the reason for the pursuit by dispatchers, supervisors, or command officers, a response shall be given immediately. If there is no response, the pursuit shall be terminated immediately.

  2. Members may only participate in a vehicle pursuit while driving a fully marked or semi-marked vehicle that has functioning audio/video equipment and functioning emergency lights consistent with MCL 257.698 and sirens. Unmarked police vehicles shall not participate in vehicular pursuits.

  3. Members must ensure that all electronic monitoring equipment (i.e. body-worn cameras, electronic control weapons, in-car video cameras) are functioning prior to participating in a pursuit.

  4. Members shall be outfitted in either Class A, Class B, or Class C (Special Operations) uniforms while involved in a pursuit. Members wearing plain clothes shall not participate in vehicular pursuits.

  5. Regardless of the outcome of the pursuit, a supervisor shall respond to the termination point and review the in-car video footage to ensure compliance with DPD protocols and this directive. Department members shall be directed to complete an incident report and other required documents immediately following the event.

  6. In addition to the above criteria, the decision to initiate/continue a vehicle pursuit should be made after consideration of the following factors: a. Reason for pursuit; b. Time of day; c. Weather conditions; d. Geographic location and population density; e. Familiarity with the area; f. Speed required to maintain the pursuit; g. Proximity to school areas during school hours; h. Quality of communications between pursuing unit(s), dispatcher, and supervisor; i. Performance capabilities of the police vehicle and fleeing vehicle; j. When the pursued vehicle has outdistanced the member to the extent that continuing the pursuit would require speeds that could endanger the member and/or the public; k. Driving skill and training of the member, if known; l. Whether the identity of the perpetrator is known and if an arrest can be made at a later date without potential risk of harm to the community; m. Volume of vehicular traffic; and/or n. Direction of pursuit. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 5 of 14 2022 303.2 Vehicular Pursuits The examples given above are not all-inclusive but are provided as a guideline. 303.2 - 6 Exemptions

  7. Members should bear in mind that while they are exempt from adherence to certain provisions of the state and city vehicle code while performing emergency services, this exemption does not protect the driver of any emergency vehicle and the Department from the consequences of a reckless disregard for the safety of others (Michigan Compiled Laws 257.603 and 257.632). This exemption requires the following: a. That the emergency vehicle display a flashing, oscillating, or rotating red or blue light; and b. That the emergency vehicle sounds an audible signal by bell, siren, or exhaust whistle when engaged in an emergency activity or pursuit.

  8. Department members shall not initiate a vehicle pursuit if the mandated emergency equipment is not functional. Department members engaged in a vehicular pursuit shall immediately discontinue the pursuit should either the siren or flashing emergency lights fail. 303.2 - 7 Control of the Pursuit

  9. Department members initiating a pursuit shall immediately contact the zone dispatcher and provide the following information: a. Assignment; b. Location, direction, and speed of pursuit; c. Reason for the pursuit and suspected laws violated; d. Description of vehicle, including the plate number, if known; e. Description and number of occupants; f. Whether any weapons are involved; and g. Any other important information.

  10. In general, the initiating member will become the primary unit and shall be responsible for broadcasting the progress of the pursuit, requesting additional police units if necessary, and deciding if the pursuit should continue.

  11. Members joining the pursuit shall immediately notify Communications, who will then determine which unit will be designated as the secondary unit. All other units shall stay clear of the pursuit, but remain alert to its progress and location. 303.2 - 7.1 Patrol Supervisor’s Responsibility

  12. A supervisor from the command of the member(s) involved in the pursuit shall acknowledge and monitor the pursuit via radio as soon as possible. That supervisor will be designated the Monitoring Patrol Supervisor pursuant to Department Manual Directive 303.2 – 3.9. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 6 of 14 2022 303.2 Vehicular Pursuits

  13. Respond to the scene when a pursuit is terminated, whether an apprehension has been made or not.

  14. Play back and view the video recording system from the involved unit(s) vehicle(s) and body-worn camera(s) and any other electronic recording device used to verify the pursuit and apprehension, if applicable, were recorded. Viewing of the entire event is not necessary at the culmination point. However, determining whether video exists of the pursuit and preserving the video is required.

  15. The monitoring patrol supervisor shall constantly assess the circumstances surrounding the pursuit. Factors for consideration in the termination or continuation of the pursuit as previously delineated shall be considered in addition to any other factor the monitoring patrol supervisor deems appropriate. The monitoring patrol supervisor shall immediately terminate the pursuit when the circumstances warrant such action.

  16. The monitoring patrol supervisor may designate additional units above and beyond the primary and secondary unit to enter the pursuit based on the following: a. The suspect is armed; b. Multiple suspects are in the fleeing vehicle; and/or c. Extenuating circumstances heighten safety concerns for members. 303.2 - 7.2 Zone Dispatcher Responsibilities The zone dispatcher will be responsible for coordinating the pursuit and directing all vehicles other than the primary unit and secondary unit to resume normal patrol. Communications is also responsible for the following: a. Sounding an “alert tone” (3 rapid beeps) to make all members monitoring the radio district aware a pursuit or “priority” is commencing; b. Alerting a patrol supervisor from the command of occurrence to monitor the pursuit. Should the pursuit involve members from a different command, a supervisor from the involved member's command, if available and if feasible, will be alerted to monitor the pursuit; c. Ensuring a supervisor is monitoring the pursuit and sent to the subsequent termination or culmination point; d. Checking the license plate number of the wanted vehicle in LEIN; e. Alerting other precincts or outside jurisdictions that a pursuit is heading their way and updating the progress of the pursuit for the safety of members in those precincts or jurisdiction; f. If the pursuit enters another radio district, the dispatcher shall notify the district dispatcher that the pursuit is entering and advise the involved members in the pursuit and the monitoring patrol supervisor to switch their communications to the radio district entered. The zone dispatcher in the district entered shall then be responsible for pursuit communications; and g. Replacing the primary or secondary unit if the need arises. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 7 of 14 2022 303.2 Vehicular Pursuits 303.2 - 7.3 Air Support

  17. During all pursuit activities, the zone dispatcher shall be responsible for alerting Air Support, if available. Once Air Support has been notified and has established visual contact with the pursued vehicle, Air Support shall notify the zone dispatcher it is in position, has assumed the role of primary unit, and shall begin assisting and coordinating the ground activities. Air Support shall advise ground units of the following: a. Road hazards; b. Unsafe conditions; c. Heavy pedestrian or vehiculartraffic; d. Any facts believed relevant in determining the continuation or termination of the pursuit; and e. Advise and update the zone dispatcher and monitoring patrol supervisor regarding the number of police vehicles engaged in the pursuit.

  18. Members should maintain direct communication with Air Support in order to effect a safe pursuit.

  19. The ground units, upon being advised by the zone dispatcher that Air Support has assumed the role of primary unit, shall reduce their speed and proceed with caution as directed by Air Support to the culmination point of the pursuit. 303.2 - 7.4 Prohibited Acts The following acts are strictly prohibited: a. Initiating a pursuit for a violation other than a violent felony; b. Engaging in a pursuit when a detainee or any other citizen is a passenger in the police vehicle; c. Engaging in a pursuit while riding a motorcycle; d. Engaging in a pursuit while driving a sport utility vehicle (SUV) that is not equipped with a “Police Package.” (2016 and older SUV’s are not equipped with a “Police Package”); e. Engaging or initiating a pursuit when the marked or semi-marked police vehicle does not have functioning emergency lights and siren; f. Engaging in a pursuit while driving unmarked vehicles. Members may keep the vehicle under observation, if it is safe to do so, while requesting a marked or semi-marked unit to perform a traffic stop. If a pursuit is initiated by another unit, the unmarked vehicle shall proceed to the termination or culmination point using normal driving precautions. g. Ramming the suspect’s vehicle or suspect, if fleeing on foot; h. “Caravanning” – no more than two (2) police vehicles shall be actively involved unless specifically directed by a patrol supervisor or ranking member; i. There shall be no paralleling of the pursuit route; j. Passing the lead unit unless requested by the lead unit or directed by a supervisor; D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 8 of 14 2022 303.2 Vehicular Pursuits k. Attempting to overtake the fleeing vehicle; l. Rolling or stationary roadblocks; m. Surrounding a suspect’s vehicle with two (2) or more police vehicles while actively involved in a vehicular pursuit (boxing in); n. Wrong way on controlled access highways – pursuing vehicles may proceed on a parallel course only if a pursued vehicle is traveling the wrong way on a controlled access highway; o. Discharging a firearm – unless the use of deadly force is justified in accordance with the Detroit Police Department’s Use of Force Directive; p. Members are strictly prohibited from becoming involved in vehicular pursuits for any reason while off duty and traveling in privately owned vehicles; q. Operating Department vehicles to pin suspects against objects in order to detain them; r. Operating Department vehicles off of the roadway where pedestrians travel to pursue a suspect fleeing on foot; s. Driving with reckless disregard for the safety of others; t. Operating Department vehicles to perform pit maneuvers or immobilization techniques against fleeing suspects (in a vehicle, on foot, riding a bicycle or moped, etc.) or for any other reason, is strictly prohibited; and u. Tampering with recording equipment. 303.2 - 8 Authority to Terminate a Pursuit

  20. A pursuit may be terminated by any of the following members: a. The units engaged in the pursuit; b. The monitoring patrol supervisor; c. A ranking member of the Department; and d. Communications supervisor only in the event a patrol supervisor has not acknowledged and assumed responsibility as the monitoring patrol supervisor.

  21. A monitored pursuit shall not be terminated in any manner that subverts the rank structure of the Detroit Police Department. 303.2 - 9 Discontinuing the Pursuit

  22. Members involved in a pursuit must question whether the seriousness of the violation warrants continuation of the pursuit. A pursuit shall be discontinued when, in the judgment of the primary unit, there is a clear and present danger to the public, which outweighs the need for immediate apprehension of the violator.

  23. Members must keep in mind that a vehicle pursuit has the same potential for serious injury or death as the use of fatal force. The danger to the public inherent in any vehicle pursuit must be carefully considered. Members must place the protection of human life over all other considerations.

  24. The decision to terminate a pursuit may be the wisest course of action. A member will not be criticized for terminating a pursuit when, in the member's opinion, the D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 9 of 14 2022 303.2 Vehicular Pursuits lives of others would have been at undue risk had the pursuit continued.

  25. A monitoring patrol supervisor may discontinue the pursuit based on the totality of the circumstances. 303.2 - 9.1 Termination of the Pursuit

  26. If a pursuit is terminated by the primary unit, monitoring patrol supervisor, Communications supervisor, or a ranking member of this Department, the involved units shall discontinue the pursuit, acknowledge the termination of the pursuit via radio, turn off the roadway, advise dispatch of the termination point, and stand by for the patrol supervisor.

  27. The monitoring patrol supervisor shall respond to the termination point, advise dispatch they are at the location and ensure the involved units have discontinued the pursuit. 303.2 - 9.2 Pursuit Culminating in an Arrest

  28. The monitoring patrol supervisor shall respond to the culmination point of a pursuit whether or not an arrest is made.

  29. If the culmination point is in another precinct, a supervisor from that precinct shall also respond.

  30. Involved members shall wait at the culmination point; however, if conditions at the scene are such that members believe a hostile situation exists or is imminent, members may convey any detainees from the scene prior to the arrival of a supervisor.

  31. All involved members, particularly the primary unit and the monitoring patrol supervisor, must immediately report to the culmination or termination scene upon concluding the vehicle pursuit.

  32. Once the pursued vehicle is stopped, members shall utilize appropriate member safety tactics and shall utilize only the force the member reasonably believes to be necessary to take occupants into custody. The member, if necessary at the relevant time, is only authorized to use the appropriate use of force mandated by DPD policies and procedures.

  33. In addition to the required arrest reports, (i.e. incident report) if Air Support was involved in the pursuit, the members effecting the arrest shall contact Air Support to obtain the members’ names, badge numbers, and the number of the Air Support unit. Air Support members shall be listed as witnesses on the incident report. The names and badge numbers of all members responding to the termination point shall be included on the arresting member’s incident report. 303.2 - 10 Vehicular Pursuit Report (DPD665) 303.2 - 10.1 Member’s Responsibilities

  34. The Vehicular Pursuit Report (DPD665) shall be completed in the Management Awareness System (MAS), or if inoperable, in a paper format until MAS is operational.

  35. The Vehicular Pursuit Report shall be completed by a Department member operating any Department vehicle in all instances where they actively attempt to apprehend the D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 10 of 14 2022 303.2 Vehicular Pursuits operator and/or occupants of a motor vehicle who, having been given an audible and visual signal by the member directing the operator to bring the vehicle to a stop, resists apprehension.

  36. The Vehicular Pursuit Report must be prepared to document every vehicle pursuit regardless of the outcome (i.e. pursuit terminated, vehicle escaped, arrest, etc.)

  37. The Vehicular Pursuit Report shall be completed by any member(s) involved in a pursuit at any time.

  38. Members shall submit the Vehicular Pursuit Report to the monitoring patrol supervisor during the tour of duty in which the pursuit occurred, without exception.

  39. The following additional forms shall be submitted with the Vehicular Pursuit Report, if applicable: a. Officer’s Daily Report; b. Incident report; c. Use of Force Report (UF-002);and d. Traffic Crash Report (UD-10). 303.2 - 10.2 Monitoring Patrol Supervisor’s Responsibilities

  40. Ensure that any members who are involved in a vehicle pursuit complete the Vehicular Pursuit Report prior to the end of their tour of duty.

  41. Review the involved member’s Vehicular Pursuit Report(s) for accuracy andlegibility.

  42. Obtain and review the audiotape of the vehicle pursuit from Communications to ensure consistency as to what isreported.

  43. Obtain and review the video/audio from the in-car video and body-worn camera systems to ensure that the in-car video and body-worn camera recording equipment reflect what is reported, and save to a disk.

  44. Include a declarative statement documenting the following in the “Supervisor Review and Recommendation” portion of the Vehicular Pursuit Report (DPD665): a. Whether video exists for the incident, and if not, why; b. Whether the video was reviewed by the investigating supervisor; and c. The results of the review by the supervisor.

  45. Notify Force Investigations if the vehicular pursuit resulted in a traffic crash.

  46. List the evidence tag number(s) of the Audio/Video evidence in the section of the form titled “Supervisor Review and Recommendation.”

  47. Prepare their recommendation based upon DPD policy and procedures in the appropriate section of the Vehicular PursuitReport.

  48. The supervisor shall complete and submit the Vehicular Pursuit Report no later than ten (10) days from the date of the incident.

  49. Supervisors are required to document in the “Supervisor’s Review and Recommendation” narrative of the Vehicular Pursuit Report, their review and evaluation of the pursuit toinclude: a. An evaluation of the basis for the initiation, continuation, and/or termination of the D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 11 of 14 2022 303.2 Vehicular Pursuits pursuit; b. Evaluation of the factors and circumstances of the pursuit (time of day, weather conditions, traffic volume); c. Evaluation of whether members operated the vehicle in accordance with the requirements for operating a vehicle during pursuits (activating lights and sirens, having operational video recording system); d. Evaluation of driving tactics of involved units (review of prohibited acts, training opportunities); e. Evaluation of whether members contacteddispatch; f. Document whether the recording systems were operational and whether the pursuit was recorded; g. Document whether the event was uploaded, saved to a disc and held as evidence at the command and the availability of external recordings (i.e. green light video, local business video, etc.); h. Document what was observed on the video recordings;and i. Refer members having a pattern of non-compliant vehicle pursuits to Training to participate in Vehicle Pursuit Training.

  50. After reviewing the circumstances of the pursuit, the monitoring patrol supervisor shall determine whether the actions of the member(s) involved were in accordance with DPD policy and procedures. If the monitoring patrol supervisor determines that no further action is necessary and where no vehicular accident, injury, or property damage occurred as a direct result of the pursuit, then the completion of the Vehicular Pursuit Report is all that isrequired. 303.2 - 10.3 Commanding Officer’s Responsibilities The commanding officer shall review all Vehicular Pursuit Reports. The commanding officer shall indicate if they agree or disagree with corrective action taken by the supervisor completing the form. The commanding officer shall consider the implementation of discipline or non-disciplinaryaction. 303.2 - 10.4 Distribution Copies of the Vehicular Pursuit Report (without attachments) shall be forwarded to Civil Rights and Training for future training considerations. 303.2 - 11 Vehicle Pursuits Resulting in Traffic Crashes

  51. When members are involved in a vehicular pursuit which results in a traffic crash, a supervisor shall request Crime Scene Services to photograph the crash scene, including injuries to victims and/or suspects.

  52. If a traffic crash results from a vehicular pursuit, the monitoring patrol supervisor shall notify Force Investigations.

  53. If a traffic crash, injury, or property damage results from a vehicular pursuit, the monitoring patrol supervisor shall complete a Vehicle Pursuit Resulting in Traffic Crash Investigation (DPD568_VPTC) in the MASsystem. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 12 of 14 2022 303.2 Vehicular Pursuits

  54. The investigation shall be in an Investigation and Report (I&R) format and forwarded with a copy of any additional reports, through channels, to the assistant chief, Chief’s Neighborhood Liaison.

  55. Complete a Supervisor’s Traffic Crash Report(DPD159A): a. Vehicular Pursuit shall be indicated on the Supervisor’s Traffic Crash Report; b. The names, ranks, and assignments of all DPD members participating in the pursuit shall be noted on the crash report in the remarks section; c. If a Department vehicle is involved, (makes contact with persons, vehicles, or property) the Department vehicle and its occupants shall be appropriately entered on the report;and d. Include a declarative statement documenting thefollowing:  Whether video exists for the incident, and if not, why;  Whether the video was reviewed by the investigating supervisor; and  The results of the review by the supervisor.

  56. Complete a City of Detroit Vehicle Accident Report (CofD113) and distribute as indicated in Manual Directive 204.1 - 13.3 (Crash Investigation/Crashes Involving DPD Vehicles or On-DutyMembers).

  57. At the termination of the pursuit, the monitoring patrol supervisor must determine whether medical attention is needed anddelivered. 303.2 - 12 Vehicle Pursuits Resulting in Policy Violations

  58. If the monitoring patrol supervisor determines that the involved member has violated Department policy, they shall complete a Vehicle Pursuit Violation Investigation (DPD568_VP) in the MASSystem.

  59. The investigation shall be in an Investigation and Report (I&R) format.

  60. The Vehicle Pursuit Violation Investigation shall be submitted with the VehicularPursuit Report and any additional attachments to the commanding officer for review. 303.2 - 13 Pursuits Leaving the City

  61. Members engaged in a lawful pursuit falling within the guidelines of this order may continue the pursuit outside the boundaries of the City. In no case, however, shall the pursuit continue across the international border into Canada. The State law is less restrictive than Department policy, but should not be interpreted as to relieve members of their responsibilities to adhere to Department policy.

  62. Members continuing a vehicular pursuit outside of the City shall immediately notify the zone dispatcher who will then notify Communications Chief Operator (CHO). The CHO shall ensure the appropriate jurisdiction (law enforcement agency) is notified.

  63. If the pursuit culminates with an arrest, members shall notify the authority having jurisdiction over the territory where the pursuit has terminated. Members should keep in mind that persons may not be charged in different jurisdictions with similar D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 13 of 14 2022 303.2 Vehicular Pursuits offense(s) arising from the same incident. Therefore, if the decision is made to allow prosecution by the jurisdiction where the pursuit terminates, DPD members shall not arrest for the same or lesser offense regulating the same activity. For example, if reckless driving is charged by the outside jurisdiction, a DPD member may not seek additional traffic-related charges within Detroit.

  64. If DPD members will seek felony charges, members of another jurisdiction shall return the arrested person(s) to Detroit for processing on the felony matter first. A hold will be placed on the detainee for the charge requested by the outside jurisdiction and the prisoner processed in accordance with existing procedure. 303.2 - 14 Responding to Pursuits by Outside Agencies into Detroit

  65. When a zone dispatcher receives information that an outside agency is involved in a pursuit within City limits, the information shall be broadcast immediately.

  66. Members shall remain alert to the outside agency's location and progress but shall not become directly involved in the pursuit unless specifically requested by the outside agency and approved by a patrol supervisor. When a request for assistance is approved, the zone dispatcher will designate a unit(s) to participate in the pursuit.

  67. In the event a unit becomes aware of a pursuit prior to the outside agency having time to make a request for assistance, the unit shall immediately advise the zone dispatcher that an outside agency is involved in a pursuit within the city limits of Detroit. The unit shall also advise the zone dispatcher of the location, direction, speed, and reason for the pursuit, if known.

  68. A patrol supervisor shall direct the unit to assist if it is safe to do so until such time the zone dispatcher can determine the reason the outside agency is involved in a pursuit.

  69. A patrol supervisor will be assigned to monitor the pursuit. The monitoring patrol supervisor shall be responsible for all duties set forth in this directive as they apply to DPD members. Only those unit(s) designated by the zone dispatcher shall participate in the pursuit and respond to the pursuit termination point.

  70. Upon being made aware of the reason for the pursuit, the patrol supervisor shall determine if Detroit units shall remain actively involved based on the aforementioned criteria for pursuits involving DPD members.

  71. The Detroit Police Department shall not assume the lead or overtake the pursuing outside agency. If the outside agency terminates a pursuit, Detroit units shall immediately cease the pursuit as well.

  72. If no request for assistance is received from the outside agency and the pursuit culminates in Detroit, the zone dispatcher shall assign a patrol unit(s) to respond to the chase termination location. The responding unit(s) shall proceed to the termination location using normal driving precautions and shall render assistance as appropriate.

  73. Whenever a pursuit initiated by an outside agency terminates within the city limits, a patrol supervisor shall be dispatched to the termination point. If it is determined D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 14 of 14 2022 303.2 Vehicular Pursuits that a felony or other serious crime has been committed within the city of Detroit, the person(s) shall be taken into custody. If there appears to be no need for further investigation by this Department, the outside agency may take custody of the person(s) without unnecessary delay.

  74. The precinct watch commander where the pursuit terminates shall make a notation in the desk blotter, including details of the incident and the disposition of the prisoner.

  75. If DPD members have been authorized to participate in a pursuit, the involved members must complete a Vehicular Pursuit Report. If there was no direct involvement in the pursuit by DPD members, the Vehicular Pursuit Report is not required. 303.2 - 15 Training All Department members receive annual classroom instruction and skills-based lessons regarding safe-driving tactics and appropriate vehicular pursuit tactics during the mandatory 40-hour in-service training provided byTrainin

VEHICLE PURSUIT

Per MCL 257.2, authorized emergency vehicle means vehicles of the fire department, police vehicles, ambulances, privately owned motor vehicles of volunteer or paid fire fighters, or volunteer members of an emergency rescue unit if authorized by the chief of an organized fire department, a county sheriff, or the director of the department of the state, police, or privately owned motor vehicles of volunteer or paid members of a life support agency licensed by the Department of Licensing and Regulatory Affairs if authorized by the life support agency. 303.2 - 3.2 Catching up to a Vehicle For the purpose of this directive, catching up to a vehicle means a marked or semi-marked Department vehicle may exceed the prima facie speed limit (while still obeying all other traffic laws) for the purpose of catching up to, identifying, and stopping a criminal and/or traffic violator. D E T R O I T P O L I C E D E P A R T M E N T M A N U A L D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 2 of 14 2022 303.2 Vehicular Pursuits 303.2 - 3.3 Due Regard for the Safety of Others To give consideration and attention to the safety of citizens and Department members alike prior to initiating and/or during apursuit. 303.2 - 3.4 Felony A crime that is generally considered more serious in nature than a misdemeanor. A felony offender, upon conviction, may be sentenced to a term in a Michigan prison. 303.2 - 3.5 Fleeing and Eluding An individual who commits the felony offense of fleeing and eluding willfully or purposefully fails to obey a sworn Department member who commands the individual to stop or signals the driver in some lawful way which is ignored. 303.2 - 3.6 Following For the purpose of this directive, the act of following a vehicle means to proceed behind a suspect vehicle without activating emergency lights, siren, and not disregarding any traffic laws. 303.2 - 3.7 Imminent Danger to the Public A clear and present danger to the public, which outweighs the need for immediate apprehension of the violator. 303.2 - 3.8 Marked Vehicle A four (4) wheeled vehicle that is equipped with a permanent roof mounted light bar or beacons, an audible siren, and is fully marked with Detroit Police Department identification. 303.2 - 3.9 Monitoring Patrol Supervisor A patrol supervisor who has assumed and acknowledged the responsibility of monitoring the vehicle pursuit pursuant to Department Manual Directive 303.2 – 7.1 (1). 303.2 - 3.10 Motorcycle A distinctively marked two (2) wheeled police patrol vehicle equipped with a siren and an oscillating, flashing, or rotating light. 303.2 - 3.11 Pacing To follow a suspect vehicle for a stable, fixed distance in order to establish the speed traveled by the suspected vehicle. 303.2 - 3.12 Primary Unit A unit that initiates a police pursuit or any unit that assumes control of a pursuit. 303.2 - 3.13 Pursuit Driving For the purpose of this directive, pursuit driving is defined as the act of pursuing the driver of a vehicle who refuses to stop after giving the driver a visual and audible signal to stop by activating emergency lights and siren. This usually, but not always, involves the driver D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 3 of 14 2022 303.2 Vehicular Pursuits of a suspect vehicle disregarding traffic laws in order to evade arrest. 303.2 - 3.14 Safe Distance The distance between two (2) vehicles traveling in the same direction of a roadway that will ensure proper braking and reaction time in the event the lead vehicle stops, slows, or turns. 303.2 - 3.15 Secondary Unit A Department vehicle that becomes involved in a pursuit as a “backup” unit to the primary unit. 303.2 - 3.16 Semi-Marked Vehicle A four (4) wheeled vehicle that is equipped with permanent flasher type lights to the front, or flashing, oscillating or rotating lights mounted in the front and rear window area instead of permanent top mounted light bar or beacons. The vehicle is also equipped with a siren. A semi-marked vehicle is a vehicle that is identifiable as an official police vehicle with markings identifying the vehicle as such. The marking(s) may be partial, but the vehicle must be marked in some way identifying it as an official Detroit Police Department vehicle. 303.2 - 3.17 Unmarked Vehicle A four (4) wheeled vehicle that may or may not be equipped with flasher type lights, flashing, oscillating or rotating lights mounted in the front and rear window area. The vehicle may or may not be equipped with a siren. An unmarked vehicle is a vehicle that has no markings identifying it as an official police vehicle. 303.2 - 3.18 Violent Felony For the purposes of this directive, a violent felony is defined as murder, attempted murder, robbery, carjacking, kidnapping, a felonious assault resulting in injury to the victim, criminal sexual conduct 1 st and 3rd degrees, and home invasion 1 st degree. 303.2 - 4 PROCEDURES

  1. Resisting apprehension may include, but is not limited to, maintaining or increasing speed, disobeying traffic laws, or making some other overt action intended to avoid arrest. Routine traffic stops, or other instances in which Department members activate their emergency lights and sirens and the vehicle operator complies by coming to a stop in a reasonably short distance, will not be considered a vehicle pursuit.

  2. Members attempting to stop a vehicle shall activate their oscillating, flashing, or rotating emergency lights, and direct the driver by visual signal to bring the car to a stop. If the attempt to stop the vehicle fails, members shall activate the siren of their vehicle prior to initiating a pursuit.

  3. Members engaged in a police vehicular pursuit must drive with due regard for the safety of the members and others as well as property. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 4 of 14 2022 303.2 Vehicular Pursuits 303.2 - 5 Pursuit Initiation and/or Continuation Criteria

  4. Members may only initiate or participate in a vehicle pursuit where there is probable cause to believe the suspect committed a violent felony (Reference 303.2

  • 3-16, definition for violent felony).

  1. Upon inquiry of the reason for the pursuit by dispatchers, supervisors, or command officers, a response shall be given immediately. If there is no response, the pursuit shall be terminated immediately.

  2. Members may only participate in a vehicle pursuit while driving a fully marked or semi-marked vehicle that has functioning audio/video equipment and functioning emergency lights consistent with MCL 257.698 and sirens. Unmarked police vehicles shall not participate in vehicular pursuits.

  3. Members must ensure that all electronic monitoring equipment (i.e. body-worn cameras, electronic control weapons, in-car video cameras) are functioning prior to participating in a pursuit.

  4. Members shall be outfitted in either Class A, Class B, or Class C (Special Operations) uniforms while involved in a pursuit. Members wearing plain clothes shall not participate in vehicular pursuits.

  5. Regardless of the outcome of the pursuit, a supervisor shall respond to the termination point and review the in-car video footage to ensure compliance with DPD protocols and this directive. Department members shall be directed to complete an incident report and other required documents immediately following the event.

  6. In addition to the above criteria, the decision to initiate/continue a vehicle pursuit should be made after consideration of the following factors: a. Reason for pursuit; b. Time of day; c. Weather conditions; d. Geographic location and population density; e. Familiarity with the area; f. Speed required to maintain the pursuit; g. Proximity to school areas during school hours; h. Quality of communications between pursuing unit(s), dispatcher, and supervisor; i. Performance capabilities of the police vehicle and fleeing vehicle; j. When the pursued vehicle has outdistanced the member to the extent that continuing the pursuit would require speeds that could endanger the member and/or the public; k. Driving skill and training of the member, if known; l. Whether the identity of the perpetrator is known and if an arrest can be made at a later date without potential risk of harm to the community; m. Volume of vehicular traffic; and/or n. Direction of pursuit. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 5 of 14 2022 303.2 Vehicular Pursuits The examples given above are not all-inclusive but are provided as a guideline. 303.2 - 6 Exemptions

  7. Members should bear in mind that while they are exempt from adherence to certain provisions of the state and city vehicle code while performing emergency services, this exemption does not protect the driver of any emergency vehicle and the Department from the consequences of a reckless disregard for the safety of others (Michigan Compiled Laws 257.603 and 257.632). This exemption requires the following: a. That the emergency vehicle display a flashing, oscillating, or rotating red or blue light; and b. That the emergency vehicle sounds an audible signal by bell, siren, or exhaust whistle when engaged in an emergency activity or pursuit.

  8. Department members shall not initiate a vehicle pursuit if the mandated emergency equipment is not functional. Department members engaged in a vehicular pursuit shall immediately discontinue the pursuit should either the siren or flashing emergency lights fail. 303.2 - 7 Control of the Pursuit

  9. Department members initiating a pursuit shall immediately contact the zone dispatcher and provide the following information: a. Assignment; b. Location, direction, and speed of pursuit; c. Reason for the pursuit and suspected laws violated; d. Description of vehicle, including the plate number, if known; e. Description and number of occupants; f. Whether any weapons are involved; and g. Any other important information.

  10. In general, the initiating member will become the primary unit and shall be responsible for broadcasting the progress of the pursuit, requesting additional police units if necessary, and deciding if the pursuit should continue.

  11. Members joining the pursuit shall immediately notify Communications, who will then determine which unit will be designated as the secondary unit. All other units shall stay clear of the pursuit, but remain alert to its progress and location. 303.2 - 7.1 Patrol Supervisor’s Responsibility

  12. A supervisor from the command of the member(s) involved in the pursuit shall acknowledge and monitor the pursuit via radio as soon as possible. That supervisor will be designated the Monitoring Patrol Supervisor pursuant to Department Manual Directive 303.2 – 3.9. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 6 of 14 2022 303.2 Vehicular Pursuits

  13. Respond to the scene when a pursuit is terminated, whether an apprehension has been made or not.

  14. Play back and view the video recording system from the involved unit(s) vehicle(s) and body-worn camera(s) and any other electronic recording device used to verify the pursuit and apprehension, if applicable, were recorded. Viewing of the entire event is not necessary at the culmination point. However, determining whether video exists of the pursuit and preserving the video is required.

  15. The monitoring patrol supervisor shall constantly assess the circumstances surrounding the pursuit. Factors for consideration in the termination or continuation of the pursuit as previously delineated shall be considered in addition to any other factor the monitoring patrol supervisor deems appropriate. The monitoring patrol supervisor shall immediately terminate the pursuit when the circumstances warrant such action.

  16. The monitoring patrol supervisor may designate additional units above and beyond the primary and secondary unit to enter the pursuit based on the following: a. The suspect is armed; b. Multiple suspects are in the fleeing vehicle; and/or c. Extenuating circumstances heighten safety concerns for members. 303.2 - 7.2 Zone Dispatcher Responsibilities The zone dispatcher will be responsible for coordinating the pursuit and directing all vehicles other than the primary unit and secondary unit to resume normal patrol. Communications is also responsible for the following: a. Sounding an “alert tone” (3 rapid beeps) to make all members monitoring the radio district aware a pursuit or “priority” is commencing; b. Alerting a patrol supervisor from the command of occurrence to monitor the pursuit. Should the pursuit involve members from a different command, a supervisor from the involved member's command, if available and if feasible, will be alerted to monitor the pursuit; c. Ensuring a supervisor is monitoring the pursuit and sent to the subsequent termination or culmination point; d. Checking the license plate number of the wanted vehicle in LEIN; e. Alerting other precincts or outside jurisdictions that a pursuit is heading their way and updating the progress of the pursuit for the safety of members in those precincts or jurisdiction; f. If the pursuit enters another radio district, the dispatcher shall notify the district dispatcher that the pursuit is entering and advise the involved members in the pursuit and the monitoring patrol supervisor to switch their communications to the radio district entered. The zone dispatcher in the district entered shall then be responsible for pursuit communications; and g. Replacing the primary or secondary unit if the need arises. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 7 of 14 2022 303.2 Vehicular Pursuits 303.2 - 7.3 Air Support

  17. During all pursuit activities, the zone dispatcher shall be responsible for alerting Air Support, if available. Once Air Support has been notified and has established visual contact with the pursued vehicle, Air Support shall notify the zone dispatcher it is in position, has assumed the role of primary unit, and shall begin assisting and coordinating the ground activities. Air Support shall advise ground units of the following: a. Road hazards; b. Unsafe conditions; c. Heavy pedestrian or vehiculartraffic; d. Any facts believed relevant in determining the continuation or termination of the pursuit; and e. Advise and update the zone dispatcher and monitoring patrol supervisor regarding the number of police vehicles engaged in the pursuit.

  18. Members should maintain direct communication with Air Support in order to effect a safe pursuit.

  19. The ground units, upon being advised by the zone dispatcher that Air Support has assumed the role of primary unit, shall reduce their speed and proceed with caution as directed by Air Support to the culmination point of the pursuit. 303.2 - 7.4 Prohibited Acts The following acts are strictly prohibited: a. Initiating a pursuit for a violation other than a violent felony; b. Engaging in a pursuit when a detainee or any other citizen is a passenger in the police vehicle; c. Engaging in a pursuit while riding a motorcycle; d. Engaging in a pursuit while driving a sport utility vehicle (SUV) that is not equipped with a “Police Package.” (2016 and older SUV’s are not equipped with a “Police Package”); e. Engaging or initiating a pursuit when the marked or semi-marked police vehicle does not have functioning emergency lights and siren; f. Engaging in a pursuit while driving unmarked vehicles. Members may keep the vehicle under observation, if it is safe to do so, while requesting a marked or semi-marked unit to perform a traffic stop. If a pursuit is initiated by another unit, the unmarked vehicle shall proceed to the termination or culmination point using normal driving precautions. g. Ramming the suspect’s vehicle or suspect, if fleeing on foot; h. “Caravanning” – no more than two (2) police vehicles shall be actively involved unless specifically directed by a patrol supervisor or ranking member; i. There shall be no paralleling of the pursuit route; j. Passing the lead unit unless requested by the lead unit or directed by a supervisor; D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 8 of 14 2022 303.2 Vehicular Pursuits k. Attempting to overtake the fleeing vehicle; l. Rolling or stationary roadblocks; m. Surrounding a suspect’s vehicle with two (2) or more police vehicles while actively involved in a vehicular pursuit (boxing in); n. Wrong way on controlled access highways – pursuing vehicles may proceed on a parallel course only if a pursued vehicle is traveling the wrong way on a controlled access highway; o. Discharging a firearm – unless the use of deadly force is justified in accordance with the Detroit Police Department’s Use of Force Directive; p. Members are strictly prohibited from becoming involved in vehicular pursuits for any reason while off duty and traveling in privately owned vehicles; q. Operating Department vehicles to pin suspects against objects in order to detain them; r. Operating Department vehicles off of the roadway where pedestrians travel to pursue a suspect fleeing on foot; s. Driving with reckless disregard for the safety of others; t. Operating Department vehicles to perform pit maneuvers or immobilization techniques against fleeing suspects (in a vehicle, on foot, riding a bicycle or moped, etc.) or for any other reason, is strictly prohibited; and u. Tampering with recording equipment. 303.2 - 8 Authority to Terminate a Pursuit

  20. A pursuit may be terminated by any of the following members: a. The units engaged in the pursuit; b. The monitoring patrol supervisor; c. A ranking member of the Department; and d. Communications supervisor only in the event a patrol supervisor has not acknowledged and assumed responsibility as the monitoring patrol supervisor.

  21. A monitored pursuit shall not be terminated in any manner that subverts the rank structure of the Detroit Police Department. 303.2 - 9 Discontinuing the Pursuit

  22. Members involved in a pursuit must question whether the seriousness of the violation warrants continuation of the pursuit. A pursuit shall be discontinued when, in the judgment of the primary unit, there is a clear and present danger to the public, which outweighs the need for immediate apprehension of the violator.

  23. Members must keep in mind that a vehicle pursuit has the same potential for serious injury or death as the use of fatal force. The danger to the public inherent in any vehicle pursuit must be carefully considered. Members must place the protection of human life over all other considerations.

  24. The decision to terminate a pursuit may be the wisest course of action. A member will not be criticized for terminating a pursuit when, in the member's opinion, the D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 9 of 14 2022 303.2 Vehicular Pursuits lives of others would have been at undue risk had the pursuit continued.

  25. A monitoring patrol supervisor may discontinue the pursuit based on the totality of the circumstances. 303.2 - 9.1 Termination of the Pursuit

  26. If a pursuit is terminated by the primary unit, monitoring patrol supervisor, Communications supervisor, or a ranking member of this Department, the involved units shall discontinue the pursuit, acknowledge the termination of the pursuit via radio, turn off the roadway, advise dispatch of the termination point, and stand by for the patrol supervisor.

  27. The monitoring patrol supervisor shall respond to the termination point, advise dispatch they are at the location and ensure the involved units have discontinued the pursuit. 303.2 - 9.2 Pursuit Culminating in an Arrest

  28. The monitoring patrol supervisor shall respond to the culmination point of a pursuit whether or not an arrest is made.

  29. If the culmination point is in another precinct, a supervisor from that precinct shall also respond.

  30. Involved members shall wait at the culmination point; however, if conditions at the scene are such that members believe a hostile situation exists or is imminent, members may convey any detainees from the scene prior to the arrival of a supervisor.

  31. All involved members, particularly the primary unit and the monitoring patrol supervisor, must immediately report to the culmination or termination scene upon concluding the vehicle pursuit.

  32. Once the pursued vehicle is stopped, members shall utilize appropriate member safety tactics and shall utilize only the force the member reasonably believes to be necessary to take occupants into custody. The member, if necessary at the relevant time, is only authorized to use the appropriate use of force mandated by DPD policies and procedures.

  33. In addition to the required arrest reports, (i.e. incident report) if Air Support was involved in the pursuit, the members effecting the arrest shall contact Air Support to obtain the members’ names, badge numbers, and the number of the Air Support unit. Air Support members shall be listed as witnesses on the incident report. The names and badge numbers of all members responding to the termination point shall be included on the arresting member’s incident report. 303.2 - 10 Vehicular Pursuit Report (DPD665) 303.2 - 10.1 Member’s Responsibilities

  34. The Vehicular Pursuit Report (DPD665) shall be completed in the Management Awareness System (MAS), or if inoperable, in a paper format until MAS is operational.

  35. The Vehicular Pursuit Report shall be completed by a Department member operating any Department vehicle in all instances where they actively attempt to apprehend the D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 10 of 14 2022 303.2 Vehicular Pursuits operator and/or occupants of a motor vehicle who, having been given an audible and visual signal by the member directing the operator to bring the vehicle to a stop, resists apprehension.

  36. The Vehicular Pursuit Report must be prepared to document every vehicle pursuit regardless of the outcome (i.e. pursuit terminated, vehicle escaped, arrest, etc.)

  37. The Vehicular Pursuit Report shall be completed by any member(s) involved in a pursuit at any time.

  38. Members shall submit the Vehicular Pursuit Report to the monitoring patrol supervisor during the tour of duty in which the pursuit occurred, without exception.

  39. The following additional forms shall be submitted with the Vehicular Pursuit Report, if applicable: a. Officer’s Daily Report; b. Incident report; c. Use of Force Report (UF-002);and d. Traffic Crash Report (UD-10). 303.2 - 10.2 Monitoring Patrol Supervisor’s Responsibilities

  40. Ensure that any members who are involved in a vehicle pursuit complete the Vehicular Pursuit Report prior to the end of their tour of duty.

  41. Review the involved member’s Vehicular Pursuit Report(s) for accuracy andlegibility.

  42. Obtain and review the audiotape of the vehicle pursuit from Communications to ensure consistency as to what isreported.

  43. Obtain and review the video/audio from the in-car video and body-worn camera systems to ensure that the in-car video and body-worn camera recording equipment reflect what is reported, and save to a disk.

  44. Include a declarative statement documenting the following in the “Supervisor Review and Recommendation” portion of the Vehicular Pursuit Report (DPD665): a. Whether video exists for the incident, and if not, why; b. Whether the video was reviewed by the investigating supervisor; and c. The results of the review by the supervisor.

  45. Notify Force Investigations if the vehicular pursuit resulted in a traffic crash.

  46. List the evidence tag number(s) of the Audio/Video evidence in the section of the form titled “Supervisor Review and Recommendation.”

  47. Prepare their recommendation based upon DPD policy and procedures in the appropriate section of the Vehicular PursuitReport.

  48. The supervisor shall complete and submit the Vehicular Pursuit Report no later than ten (10) days from the date of the incident.

  49. Supervisors are required to document in the “Supervisor’s Review and Recommendation” narrative of the Vehicular Pursuit Report, their review and evaluation of the pursuit toinclude: a. An evaluation of the basis for the initiation, continuation, and/or termination of the D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 11 of 14 2022 303.2 Vehicular Pursuits pursuit; b. Evaluation of the factors and circumstances of the pursuit (time of day, weather conditions, traffic volume); c. Evaluation of whether members operated the vehicle in accordance with the requirements for operating a vehicle during pursuits (activating lights and sirens, having operational video recording system); d. Evaluation of driving tactics of involved units (review of prohibited acts, training opportunities); e. Evaluation of whether members contacteddispatch; f. Document whether the recording systems were operational and whether the pursuit was recorded; g. Document whether the event was uploaded, saved to a disc and held as evidence at the command and the availability of external recordings (i.e. green light video, local business video, etc.); h. Document what was observed on the video recordings;and i. Refer members having a pattern of non-compliant vehicle pursuits to Training to participate in Vehicle Pursuit Training.

  50. After reviewing the circumstances of the pursuit, the monitoring patrol supervisor shall determine whether the actions of the member(s) involved were in accordance with DPD policy and procedures. If the monitoring patrol supervisor determines that no further action is necessary and where no vehicular accident, injury, or property damage occurred as a direct result of the pursuit, then the completion of the Vehicular Pursuit Report is all that isrequired. 303.2 - 10.3 Commanding Officer’s Responsibilities The commanding officer shall review all Vehicular Pursuit Reports. The commanding officer shall indicate if they agree or disagree with corrective action taken by the supervisor completing the form. The commanding officer shall consider the implementation of discipline or non-disciplinaryaction. 303.2 - 10.4 Distribution Copies of the Vehicular Pursuit Report (without attachments) shall be forwarded to Civil Rights and Training for future training considerations. 303.2 - 11 Vehicle Pursuits Resulting in Traffic Crashes

  51. When members are involved in a vehicular pursuit which results in a traffic crash, a supervisor shall request Crime Scene Services to photograph the crash scene, including injuries to victims and/or suspects.

  52. If a traffic crash results from a vehicular pursuit, the monitoring patrol supervisor shall notify Force Investigations.

  53. If a traffic crash, injury, or property damage results from a vehicular pursuit, the monitoring patrol supervisor shall complete a Vehicle Pursuit Resulting in Traffic Crash Investigation (DPD568_VPTC) in the MASsystem. D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 12 of 14 2022 303.2 Vehicular Pursuits

  54. The investigation shall be in an Investigation and Report (I&R) format and forwarded with a copy of any additional reports, through channels, to the assistant chief, Chief’s Neighborhood Liaison.

  55. Complete a Supervisor’s Traffic Crash Report(DPD159A): a. Vehicular Pursuit shall be indicated on the Supervisor’s Traffic Crash Report; b. The names, ranks, and assignments of all DPD members participating in the pursuit shall be noted on the crash report in the remarks section; c. If a Department vehicle is involved, (makes contact with persons, vehicles, or property) the Department vehicle and its occupants shall be appropriately entered on the report;and d. Include a declarative statement documenting thefollowing:  Whether video exists for the incident, and if not, why;  Whether the video was reviewed by the investigating supervisor; and  The results of the review by the supervisor.

  56. Complete a City of Detroit Vehicle Accident Report (CofD113) and distribute as indicated in Manual Directive 204.1 - 13.3 (Crash Investigation/Crashes Involving DPD Vehicles or On-DutyMembers).

  57. At the termination of the pursuit, the monitoring patrol supervisor must determine whether medical attention is needed anddelivered. 303.2 - 12 Vehicle Pursuits Resulting in Policy Violations

  58. If the monitoring patrol supervisor determines that the involved member has violated Department policy, they shall complete a Vehicle Pursuit Violation Investigation (DPD568_VP) in the MASSystem.

  59. The investigation shall be in an Investigation and Report (I&R) format.

  60. The Vehicle Pursuit Violation Investigation shall be submitted with the VehicularPursuit Report and any additional attachments to the commanding officer for review. 303.2 - 13 Pursuits Leaving the City

  61. Members engaged in a lawful pursuit falling within the guidelines of this order may continue the pursuit outside the boundaries of the City. In no case, however, shall the pursuit continue across the international border into Canada. The State law is less restrictive than Department policy, but should not be interpreted as to relieve members of their responsibilities to adhere to Department policy.

  62. Members continuing a vehicular pursuit outside of the City shall immediately notify the zone dispatcher who will then notify Communications Chief Operator (CHO). The CHO shall ensure the appropriate jurisdiction (law enforcement agency) is notified.

  63. If the pursuit culminates with an arrest, members shall notify the authority having jurisdiction over the territory where the pursuit has terminated. Members should keep in mind that persons may not be charged in different jurisdictions with similar D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 13 of 14 2022 303.2 Vehicular Pursuits offense(s) arising from the same incident. Therefore, if the decision is made to allow prosecution by the jurisdiction where the pursuit terminates, DPD members shall not arrest for the same or lesser offense regulating the same activity. For example, if reckless driving is charged by the outside jurisdiction, a DPD member may not seek additional traffic-related charges within Detroit.

  64. If DPD members will seek felony charges, members of another jurisdiction shall return the arrested person(s) to Detroit for processing on the felony matter first. A hold will be placed on the detainee for the charge requested by the outside jurisdiction and the prisoner processed in accordance with existing procedure. 303.2 - 14 Responding to Pursuits by Outside Agencies into Detroit

  65. When a zone dispatcher receives information that an outside agency is involved in a pursuit within City limits, the information shall be broadcast immediately.

  66. Members shall remain alert to the outside agency's location and progress but shall not become directly involved in the pursuit unless specifically requested by the outside agency and approved by a patrol supervisor. When a request for assistance is approved, the zone dispatcher will designate a unit(s) to participate in the pursuit.

  67. In the event a unit becomes aware of a pursuit prior to the outside agency having time to make a request for assistance, the unit shall immediately advise the zone dispatcher that an outside agency is involved in a pursuit within the city limits of Detroit. The unit shall also advise the zone dispatcher of the location, direction, speed, and reason for the pursuit, if known.

  68. A patrol supervisor shall direct the unit to assist if it is safe to do so until such time the zone dispatcher can determine the reason the outside agency is involved in a pursuit.

  69. A patrol supervisor will be assigned to monitor the pursuit. The monitoring patrol supervisor shall be responsible for all duties set forth in this directive as they apply to DPD members. Only those unit(s) designated by the zone dispatcher shall participate in the pursuit and respond to the pursuit termination point.

  70. Upon being made aware of the reason for the pursuit, the patrol supervisor shall determine if Detroit units shall remain actively involved based on the aforementioned criteria for pursuits involving DPD members.

  71. The Detroit Police Department shall not assume the lead or overtake the pursuing outside agency. If the outside agency terminates a pursuit, Detroit units shall immediately cease the pursuit as well.

  72. If no request for assistance is received from the outside agency and the pursuit culminates in Detroit, the zone dispatcher shall assign a patrol unit(s) to respond to the chase termination location. The responding unit(s) shall proceed to the termination location using normal driving precautions and shall render assistance as appropriate.

  73. Whenever a pursuit initiated by an outside agency terminates within the city limits, a patrol supervisor shall be dispatched to the termination point. If it is determined D E T R O I T P O L I C E D E PA R T M E N T M A N U A L Page 14 of 14 2022 303.2 Vehicular Pursuits that a felony or other serious crime has been committed within the city of Detroit, the person(s) shall be taken into custody. If there appears to be no need for further investigation by this Department, the outside agency may take custody of the person(s) without unnecessary delay.

  74. The precinct watch commander where the pursuit terminates shall make a notation in the desk blotter, including details of the incident and the disposition of the prisoner.

  75. If DPD members have been authorized to participate in a pursuit, the involved members must complete a Vehicular Pursuit Report. If there was no direct involvement in the pursuit by DPD members, the Vehicular Pursuit Report is not required. 303.2 - 15 Training All Department members receive annual classroom instruction and skills-based lessons regarding safe-driving tactics and appropriate vehicular pursuit tactics during the mandatory 40-hour in-service training provided byTrainin

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