Amicus Curiae Brief — Arthur Gregory Lange, Petitioner v. California

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TABLE OF CONTENTS

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California Commission on Peace Officer

Standards and Training, Learning Domain

16: Search and Seizure, Chapter 3: Warrantless Searches and Seizures ................... App. 1

El Segundo Police Department Policy Manual, Policy 151.55 – Supervisor’s Responsibility and Control [Vehicle Pursuits] ......... App. 10

Hawthorne Police Department Policy Manual,

Policies 300.5 – Reporting the Use of Force

and 300.6 – Medical Consideration ........... App. 17

La Verne Police Department Policy Manual,

Policy 429 – Foot Pursuits .......................... App. 25

Long Beach Police Department Policy Manual, Policy 7.1.7 – Vehicle Pursuits ............ App. 34

Los Angeles Police Department Policy Manual, Volume 3, Policy 579.15 – Objectives of

Body Worn Video ........................................ App. 48

Torrance Police Department Policy Manual,

Policy 307 – Vehicle Pursuits ..................... App. 68

EXHIBIT 1

California Commission on

Peace Officer Standards and Training

Learning Domain 16: Search and Seizure

Chapter 3: Warrantless Searches and Seizures

Exigent Circumstance Searches

App. 1

CALIFORNIA COMMISSION ON PEACE OFFICER

STANDARDS AND TRAINING

Basic Course

Workbook Series

Student Materials

Learning Domain 16

Search and Seizure

Version 4.8

THE MISSION OF THE CALIFORNIA COMMISSION

ON PEACE OFFICER STANDARDS AND

TRAINING IS TO CONTINUALLY ENHANCE

THE PROFESSIONALISM OF CALIFORNIA LAW

ENFORCEMENT IN SERVING ITS COMMUNITIES

Basic Course Workbook Series

Student Materials

Learning Domain 16

Search and Seizure

Version 4.8

California Commission on Peace Officer

Standards and Training (POST)

Published 1998

Revised June 2001

Revised January 2006

Revised July 2008

Correction June 2017

This publication may not be reproduced, in whole or

in part, in any form or by any means electronic or

App. 2

mechanical or by any information storage and retrieval

system now known or hereafter invented, without prior

written permission of the California Commission on

Peace Officer Standards and Training, with the following exception:

California law enforcement or dispatch agencies

in the POST program, POST-certified training

presenters, and presenters and students of the

California basic course instructional system are

allowed to copy this publication for non-commercial

use.

All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement

agencies in-state or out-of-state may purchase copies

of this publication, at cost, from POST as listed below:

From POST’s Web Site:

www.post.ca.gov

Go to Ordering Student Workbooks

Exigent Circumstance Searches

Introduction Peace officers may lawfully enter an

area in which an individual has a reasonable expectation of privacy, when

there is a compelling need for official

action and no time to secure a warrant.

App. 3

Necessary

conditions

Exigent circumstances means an

emergency situation requiring swift

action to prevent:

• imminent danger to a person’s life

or safety

• serious damage to property

• imminent escape of a suspect

• imminent destruction or removal

of evidence

NOTE: Once inside, peace officers may

do whatever is necessary to resolve the emergency – nothing

more. Once the emergency has

dissipated (no longer any imminent danger to life, property, etc.), a warrant may be

needed for further searching.

NOTE: For additional information or

exigent circumstance searches,

refer to LD 9: Crimes Against

Children.

Scope

of a

Under exigent circumstances, the primary purpose of the officer’s entry is

to attend to the emergency situation.

After entering the premises, officers

may conduct a search only if it is

App. 4

reasonable to believe a search is necessary to secure the emergency.

Officers who are conducting a lawful

search based on exigent circumstances

may seize any item in plain view if

there is probable cause to believe the

item is contraband or evidence of a

crime.

Exception

to knock

and notice

When exigent circumstances exist,

peace officers are normally not required to comply with knock and notice procedures before entering.

Imminent

danger to

life

If an officer reasonably believes a person (victim or other person), inside an

area that would be considered private

property, may be injured or ill and in

immediate need of help, the officer may

enter the property without a warrant.

The following table illustrates a number of situations where there may be

an imminent danger to life.

Emergency

A peace officer

may enter without a warrant if

the officer reasonably believes

that . . .

Sick or injured

person

there is a medical

emergency where

App. 5

a person may be

incapacitated.

Imminent

danger to

property

Child abuse

a child inside the

premises is presently being physically abused, or a

child is in immediate need of protection.

Violent assault

there are people

inside the residence

who constitute an

imminent and serious threat to themselves or others.

Domestic

violence

entry is necessary

to protect a victim

by preventing ongoing or additional

violence.

If an officer reasonably believes there

is a need to enter a private area in order to protect the property of the

owner or occupant, the officer may enter without a warrant.

The following table illustrates situations where there may be an imminent danger to property.

App. 6

Imminent

escape

Emergency

A peace officer

may enter without

a war-rant if the

officer reasonably

believes that . . .

Burglary

the premises are

presently

being

burglarized.

Other

emergencies

the premises are

on fire, or there

are

dangerous

chemicals or explosives on the

premises

which

pose a danger to

people or property.

It is lawful for peace officers to enter

private property without a warrant in

order to prevent the escape of a suspect, especially if the suspect is armed

and dangerous or has just committed

a violent felony.

The following table describes two

types of exigent circumstance pursuits.

Type of Pursuit A warrantless

entry is permitted if . . .

Hot pursuit

officers attempt to

detain or arrest

App. 7

the suspect in a

public place, but

the suspect flees

inside a private

area.

Fresh pursuit

Destruction

of evidence

there is no physical chase, but officers are quickly

responding to information

concerning

the

suspect’s whereabouts, and the officers reasonably

believe the suspect’s escape is

imminent.

Peace officers may enter premises

without a warrant or consent when

there is immediate danger of destruction or removal of crime-related evidence.

NOTE: A mere suspicion that evidence will be destroyed does

not amount to exigent circumstances. There must be

specific facts that evidence

will likely be destroyed or removed without intervention.

App. 8

Re-entry

Following the exigent circumstance,

peace officers must vacate the premises within a reasonable amount of

time and may not reenter unless they

obtain a search warrant or consent.

Creating an

exigency

Peace officers may not use exigent circumstances as an excuse for a warrantless entry if they have created the

emergency unnecessarily by their own

conduct.

Examples

Two officers were investigating a

truck hijacking that occurred earlier

in the day. When the officers arrested

three of the known suspects outside of

a residence, one of the suspects told

the officers that the fourth suspect

was inside the home. Entry into the

residence by officers, without a warrant, was lawful to prevent the escape

of the fourth suspect.

A commercial property was found unlocked and unattended. The officer entered the property to locate the name

and phone number of the owner and

to see if there were any signs of someone inside. While inside, the officer

discovered contraband in plain view.

The entry was legal because the

App. 9

officer was attempting to prevent

damage or further damage to the

property.

While responding to a neighbor’s complaint of strange noises coming from

a nearby apartment, officers found a

trail of fresh blood in the hallway

leading to the apartment door. When

the officers started to announce themselves, they heard vague moaning

sounds from inside. The officers reasonably suspected that someone inside the apartment was in need of

immediate medical attention and entered the property without a warrant

or consent.

EXHIBIT 2

El Segundo Police Department Policy Manual

Policy 151.55: Supervisor’s Responsibility

and Control [Vehicle Pursuits]

App. 10

when a four-wheeled marked police

unit has joined the pursuit.

K-9 Units: In the event a pursuit is initiated by an officer operating a K-9

unit, the pursuing K-9 officer shall

relinquish primary and secondary responsibilities in the pursuit when a

four-wheeled marked police unit has

joined the pursuit. The K-9 unit should

continue as a third pursuing unit to

assist at its termination point.

Officers shall not become involved in

a vehicular pursuit while transporting a prisoner.

Secondary or back-up unit, defined: A

unit which may take over the broadcast if

requested by the primary unit and takes

over primary responsibility if the primary

unit becomes disabled. The number of

units involved in the pursuit will vary

with the circumstances and be determined by:

Nature of crime.

Number of suspects.

Whether participating units are one

or two-man cars.

Other clear and articulated facts that

would warrant the increased hazard.

App. 11

A pursuit shall normally consist of no

more than two (2) units: The primary unit

and the secondary or back-up unit. Either

unit may request additional units to join

the pursuit if it appears that the officers

in the primary and secondary pursuit

vehicles would not be sufficient to safely

affect the arrest of the suspect(s). If available, a K-9 unit should join in a pursuit to

assist at its termination point.

The factors set forth in section 151.45(A)

and (B) should also be considered in determining whether additional units should

be deployed. At no time shall any units

become involved in the pursuit without

promptly notifying the dispatcher, via

voice radio, that they are entering the

pursuit. The ultimate authority to assign

additional pursuit units rests with the

Field Sergeant or Watch Commander. Officers in all other units shall stay out of

the pursuit, but remain alert to its progress and location.

Responsibilities of the secondary pursuit unit shall be to:

Assist the primary unit in maintaining contact with the pursued

vehicle.

Maintain a safe distance behind

the primary unit.

Take over communications responsibility with dispatch, relieving

App. 12

the primary unit of that responsibility if necessary.

Assist the primary unit in making arrest(s) and controlling the

situation at the successful termination of the pursuit.

Avoid passing or taking a position in front of the primary unit

unless requested to do so by the

primary unit or instructed to

do so by the Field Sergeant or

Watch Commander. If this occurs, the roles of the primary and

secondary units will be reversed.

Take over as primary unit in the

event the existing primary unit

drops out of the pursuit due to

mechanical or equipment failure.

Cease pursuit and stop and render aid to the primary unit in the

event the primary unit is involved in a major collision.

If the pursuit was initiated due to a felony involving serious bodily injury or death, the officer of the secondary unit may continue to

pursue and notify dispatch of the accident.

App. 13

151.55 SUPERVISOR’S RESPONSIBILITY AND CONTROL:

Field Sergeant Responsibilities. The responsibilities of the Field Sergeant may

be to:

Initiate pursuit. In incidents where a

supervisor is the primary or secondary unit, it is recommended the supervisor relinquish the pursuit to

other units in order to maintain supervisory responsibilities.

Allow pursuits to continue.

Monitoring pursuits.

Ensure that only authorized units

are involved in the pursuit or if necessary, authorizing additional unit

participation.

Authorizing outside agency participation and/or intervention.

Assess whether the pursuit should

continue using the factors listed in

Section 151.45 of this policy.

Assign other units to assist in blocking traffic, clearing intersections, etc.,

as circumstances dictate.

Coordinating air support.

Authorize Physical intervention.

10. Proceed to the general area of the

pursuit or when possible, engage in

App. 14

the pursuit to provide on-scene supervision.

11. Terminate the pursuit when, in his/

her opinion, it is unsafe or no longer

necessary, as more fully set forth in

section 151.45 of this policy.

12. Proceed to the termination point of a

successfully completed pursuit and

supervise the scene.

13. Complete the ESPD Post-Pursuit Critique Form, which includes an analysis of the pursuit tactics, enforcement

tactics at the termination point and

any further recommendations. The

analysis should examine compliance

with Department policy, legal issues,

and evaluation of any force used.

14. Completion of the CHP 187A Form.

This form is available on-line at http://

www.chp.ca.gov/publications/index.html

151.57 WATCH COMMANDER’S RESPONSIBILITIES.

The Watch Commander shall be in overall

command of the operation. This command responsibility shall include all Department

units working within the City.

The Watch Commander shall respond to

the Watch Commander’s office and immediately take command. In order to

maintain operational command and control, the Watch Commander shall establish “hot line” communications with the

App. 15

Communications Center. The Communications Center shall immediately and directly carry out the requirements of the

Watch Commander.

If necessary, to assert operational control,

the Watch Commander may communicate with field units via station transmitting capabilities.

Should the Watch Commander be in the

field during a pursuit, he shall accomplish the requirements of his duties by

use of his car radio.

D. The Watch Commander shall decide based

upon his assessment of all information received whether the continuation or termination of the pursuit is warranted. In the

absence of prompt information from the

primary or secondary units, he shall order termination of the pursuit.

151.60 PURSUIT DRIVING TACTICS:

Officers attempting to stop a vehicle shall be

within close proximity to the violator’s vehicle

before activating the red lights and attempting the stop.

A. Units should not parallel a pursuit unless

they are attempting to use a spike strip

or attempting to block intersections and

these actions are approved by the Field

Sergeant or Watch Commander. Units

paralleling a pursuit shall exercise extreme caution and good judgment in the

App. 16

operation of the police vehicles so as not

to present any undue threat of damage or

injury. The paralleling unit shall not join

or interfere with the pursuit and shall

curtail all pursuit-related activity at the

boundary of its assigned area.

Roadblocks will only be used as a last resort, when all other means and efforts to

stop a person fleeing in a motor vehicle

have failed and the violator constitutes a

continuing and major threat to the safety

of others.

Any roadblock employed in a pursuit

situation shall be approved and controlled by the Field Sergeant or Watch

Commander who is directing the pursuit.

A reasonably effective advance warning system must be deployed to alert

motorists (including the fleeing person) of the approaching roadblock.

This warning system may consist of

the overhead emergency lights of a

marked police vehicle and must become effective not later than at the

time the roadblock is constructed.

Adequate distance will be allowed for

the fleeing vehicle to come to a safe

stop without colliding with the roadblock.

EXHIBIT 3

Hawthorne Police Department Policy Manual

Policy 300.5: Reporting the Use of Force

Policy 300.6: Medical Consideration

Policy 300.7: Supervisor Responsibility

App. 17

Hawthorne Police Department

Policy

Use of Force

300.4

DEADLY FORCE APPLICATIONS

If an objectively reasonable officer would consider it

safe and feasible to do so under the totality of the circumstances, officers should evaluate the use of other

reasonably available resources and techniques when

determining whether to use deadly force. The use of

deadly force is only justified in the following circumstances (Penal Code § 835a):

(a) An officer may use deadly force to protect him/

herself or others from what he/she reasonably

believes is an imminent threat of death or serious bodily injury to the officer or another

person.

(b) An officer may use deadly force to apprehend

a fleeing person for any felony that threatened

or resulted in death or serious bodily injury, if

the officer reasonably believes that the person

will cause death or serious bodily injury to another unless immediately apprehended. Where

feasible, the officer shall, prior to the use of

force, make reasonable efforts to identify themselves as a peace officer and to warn that

deadly force may be used, unless the officer

has objectively reasonable grounds to believe

the person is aware of those facts.

Officers shall not use deadly force against a person

based on the danger that person poses to him/herself,

if an objectively reasonable officer would believe the

App. 18

person does not pose an imminent threat of death or

serious bodily injury to the officer or to another person

(Penal Code § 835a).

An “imminent” threat of death or serious bodily injury

exists when, based on the totality of the circumstances,

a reasonable officer in the same situation would believe that a person has the present ability, opportunity,

and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An

officer’s subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is

one that from appearances is reasonably believed to require instant attention (Penal Code § 835a).

300.4.1 SHOOTING AT OR FROM MOVING VEHICLES

Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm

at the vehicle or any of its occupants. An officer should

only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are

no other reasonable means available to avert the

threat of the vehicle, or if deadly force other than the

vehicle is directed at the officer or others.

Officers should not shoot at any part of a vehicle in an

attempt to disable the vehicle.

App. 19

300.5

REPORTING THE USE OF FORCE

Any use of force by a member of this department shall

be documented promptly, completely and accurately in

an appropriate report, depending on the nature of the

incident. The officer should articulate the factors perceived and why he/she believed the use of force was

reasonable under the circumstances. To collect data for

purposes of training, resource allocation, analysis and

related purposes, the Department may require the

completion of additional report forms, as specified in

department policy, procedure or law.

300.5.1 NOTIFICATION TO SUPERVISORS

Supervisory notification shall be made as soon as practicable following the application of force in any of the

following circumstances:

(a) The application caused a visible injury.

(b) The application would lead a reasonable officer to conclude that the individual may have

experienced more than momentary discomfort.

(d) The individual indicates intent to pursue litigation.

(e) Any application of a TASER device or control

device.

(f ) Any application of a restraint device other

than handcuffs, shackles or belly chains.

App. 20

(g) The individual subjected to the force was rendered unconscious.

(h) An individual was struck or kicked.

(i)

An individual alleges any of the above has occurred.

300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE

Statistical data regarding all officer-involved shootings

and incidents involving use of force resulting in serious

bodily injury is to be reported to the California Department of Justice as required by Government Code

§ 12525.2. See the Records Bureau policy.

300.6

MEDICAL CONSIDERATION

Prior to booking or release, medical assistance shall be

obtained for any person who exhibits signs of physical

distress, who has sustained visible injury, expresses a

complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of

physical distress after an encounter should be continuously monitored until he/she can be medically assessed.

Based upon the officer’s initial assessment of the nature and extent of the subject’s injuries, medical assistance may consist of examination by fire personnel,

paramedics, hospital staff or medical staff at the jail. If

any such individual refuses medical attention, such a

refusal shall be fully documented in related reports

App. 21

and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is

made of the contact or an interview with the individual, any refusal should be included in the recording, if

possible.

The on-scene supervisor or, if the on-scene supervisor

is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is

informed that the person was subjected to force. This

notification shall include a description of the force used

and any other circumstances the officer reasonably believes would be potential safety or medical risks to the

subject (e.g., prolonged struggle, extreme agitation, impaired respiration).

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating,

extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called

“excited delirium”), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden

death. Calls involving these persons should be considered medical emergencies. Officers who reasonably

suspect a medical emergency should request medical

assistance as soon as practicable and have medical personnel stage away if appropriate.

App. 22

300.7

SUPERVISOR RESPONSIBILITY

When a supervisor is able to respond to an incident in

which there has been a reported application of force,

the supervisor is expected to:

(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine

contact in the normal course of duties.

(b) Ensure that any injured parties are examined

and treated.

interview with the subject upon whom force

was applied. If this interview is conducted

without the person having voluntarily waived

his/her Miranda rights, the following shall apply:

The content of the interview should not

be summarized or included in any related

criminal charges.

The fact that a recorded interview was

conducted should be documented in a

property or other report.

The recording of the interview should be

distinctly marked for retention until all

potential for civil litigation has expired.

(d) Once any initial medical assessment has been

completed or first aid has been rendered, ensure that photographs have been taken of any

areas involving visible injury or complaint

of pain, as well as overall photographs of

App. 23

uninjured areas. These photographs should be

retained until all potential for civil litigation

has expired.

(e) Identify any witnesses not already included in

related reports.

(f ) Review and approve all related reports.

(g) Determine if there is any indication that the

subject may pursue civil litigation.

If there is an indication of potential civil

litigation, the supervisor should complete

and route a notification of a potential

claim through the appropriate channels.

(h) Evaluate the circumstances surrounding the

incident and initiate an administrative investigation if there is a question of policy noncompliance or if for any reason further investigation may be appropriate.

In the event that a supervisor is unable to respond to

the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances

permit.

300.7.1 WATCH COMMANDER RESPONSIBILITY

The Watch Commander shall review each use of force

by any personnel within his/her command to ensure

compliance with this policy and to address any training issues.

App. 24

300.8

TRAINING

Officers will receive periodic training on this policy and

demonstrate their knowledge and understanding.

300.9

USE OF FORCE ANALYSIS

At least annually, the Patrol Bureau Commander

should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of

Police. The report should not contain the names of officers, suspects or case numbers, and should include:

(a) The identification of any trends in the use of

force by members.

(b) Training needs recommendations.

(d) Policy revision recommendations.

EXHIBIT 4

La Verne Police Department Policy Manual

Policy 429: Foot Pursuits

App. 25

Policy

429

La Verne Police

Department

La Verne PD

Policy Manual

Foot Pursuits

429.1

PURPOSE AND SCOPE

This policy provides guidelines to assist officers in

making the decision to initiate or continue the pursuit

of suspects on foot.

429.2

POLICY

It is the policy of this department that officers, when

deciding to initiate or continue a foot pursuit, continuously balance the objective of apprehending the

suspect with the risk and potential for injury to department members, the public or the suspect.

Officers are expected to act reasonably, based on the

totality of the circumstances.

429.3

DECISION TO PURSUE

The safety of department members and the public

should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate

apprehension of a suspect is rarely more important

than the safety of the public and department members.

App. 26

Officers may be justified in initiating a foot pursuit of

any individual the officer reasonably believes is about

to engage in, is engaging in or has engaged in criminal

activity. The decision to initiate or continue such a foot

pursuit, however, must be continuously re-evaluated in

light of the circumstances presented at the time.

Mere flight by a person who is not suspected of criminal activity shall not serve as justification for engaging

in an extended foot pursuit without the development

of reasonable suspicion regarding the individual’s involvement in criminal activity or being wanted by law

enforcement.

Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under

unpredictable and dynamic circumstances. It is recognized that foot pursuits may place department members and the public at significant risk. Therefore, no

officer or supervisor shall be criticized or disciplined

for deciding not to engage in a foot pursuit because of

the perceived risk involved.

If circumstances permit, surveillance and containment

are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue

a foot pursuit, an officer should continuously consider

reasonable alternatives to a foot pursuit based upon

the circumstances and resources available, such as:

(a) Containment of the area.

(b) Saturation of the area with law enforcement

personnel, including assistance from other

agencies.

App. 27

(d) Thermal imaging or other sensing technology.

(e) Air support.

(f ) Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for

later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing

the foot pursuit.

429.4

GENERAL GUIDELINES

When reasonably practicable, officers should consider

alternatives to engaging in or continuing a foot pursuit

when:

(a) Directed by a supervisor to terminate the foot

pursuit; such an order shall be considered

mandatory

(b) The officer is acting alone.

visual contact with one another, or obstacles

separate them to the degree that they cannot

immediately assist each other should a confrontation take place. In such circumstances,

it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort.

(d) The officer is unsure of his/her location and

direction of travel.

App. 28

(e) The officer is pursuing multiple suspects and

it is not reasonable to believe that the officer

would be able to control the suspect should a

confrontation occur.

(f ) The physical condition of the officer renders

him/her incapable of controlling the suspect if

apprehended.

(g) The officer loses radio contact with the Communications Officer or with assisting or backup

officers.

(h) The suspect enters a building, structure, confined space, isolated area or dense or difficult

terrain, and there are insufficient officers to

provide backup and containment. The primary officer should consider discontinuing the

foot pursuit and coordinating containment

pending the arrival of sufficient resources.

(i)

The officer becomes aware of unanticipated or

unforeseen circumstances that unreasonably

increase the risk to officers or the public.

(j)

The officer reasonably believes that the danger to the pursuing officers or public outweighs

the objective of immediate apprehension.

(k) The officer loses possession of his/her firearm

or other essential equipment.

(l)

The officer or a third party is injured during

the pursuit, requiring immediate assistance,

and there are no other emergency personnel

available to render assistance.

(m) The suspect’s location is no longer definitely

known.

App. 29

(n) The identity of the suspect is established or

other information exists that will allow for the

suspect’s apprehension at a later time, and

it reasonably appears that there is no immediate threat to department members or the

public if the suspect is not immediately apprehended.

(o) The officer’s ability to safely continue the pursuit is impaired by inclement weather, darkness or other environmental conditions.

429.5

RESPONSIBILITIES IN FOOT PURSUITS

429.5.1 INITIATING OFFICER RESPONSIBILITIES

Unless relieved by another officer or a supervisor, the

initiating officer shall be responsible for coordinating

the progress of the pursuit. When acting alone and

when practicable, the initiating officer should not attempt to overtake and confront the suspect but should

attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect.

Early communication of available information from

the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot

pursuit to a safe conclusion, Officers initiating a foot

pursuit should, at a minimum, broadcast the following

information as soon as it becomes practicable and

available:

(a) Location and direction of travel

(b) Call sign identifier

App. 30

classification

(d) Number of suspects and description, to include name if known

(e) Whether the suspect is known or believed to

be armed with a dangerous weapon

Officers should be mindful that radio transmissions

made while running may be difficult to understand

and may need to be repeated.

Absent extenuating circumstances, any officer unable

to promptly and effectively broadcast this information

should terminate the foot pursuit. If the foot pursuit is

discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available

resources.

When a foot pursuit terminates, the officer will notify

the Communications Officer of his/her location and

the status of the pursuit termination (e.g., suspect in

custody, lost sight of suspect), and will direct further

actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or

members of the public.

429.5.2 ASSISTING OFFICER RESPONSIBILITIES

Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved

officers maximum access to the radio frequency.

App. 31

429.5.3 SUPERVISOR RESPONSIBILITIES

Upon becoming aware of a foot pursuit, the supervisor

shall make every reasonable effort to ascertain sufficient information to direct responding resources and to

take command, control and coordination of the foot

pursuit. The supervisor should respond to the area

whenever possible; the supervisor does not, however,

need not be physically present to exercise control over

the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is

conducted within established department guidelines.

The supervisor shall terminate the foot pursuit when

the danger to pursuing officers or the public appears to

unreasonably outweigh the objective of immediate apprehension of the suspect.

Upon apprehension of the suspect, the supervisor shall

promptly proceed to the termination point to direct the

post-foot pursuit activity.

429.5.4 COMMUNICATIONS CENTER RESPONSIBILITIES

Upon notification or becoming aware that a foot pursuit is in progress, the Communications Officer is responsible for:

(a) Clearing the radio channel of non-emergency

traffic.

(b) Coordinating pursuit communications of the

involved officers.

App. 32

pertinent information as necessary.

(d) Ensuring that a field supervisor is notified of

the foot pursuit.

(e) Notifying and coordinating with other involved or affected agencies as practicable.

(f ) Notifying the Watch Commander as soon as

practicable.

(g) Assigning an incident number and logging all

pursuit activities.

429.6

REPORTING REQUIREMENTS

The initiating officer shall complete appropriate crime/

arrest reports documenting, at minimum:

(a) Date and time of the foot pursuit.

(b) Initial reason and circumstances surrounding

the foot pursuit.

pursuit.

(d) Alleged offenses.

(e) Involved vehicles and officers.

(f ) Whether a suspect was apprehended as well

as the means and methods used.

Any use of force shall be reported and documented in compliance with the Use of

Force Policy.

(g) Arrestee information, if applicable.

App. 33

(h) Any injuries and/or medical treatment.

(i)

Any property or equipment damage.

(j) Name of the supervisor at the scene or who

handled the incident.

Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed.

The supervisor reviewing the report will make a preliminary determination that the pursuit appears to be

in compliance with this policy or that additional review

and/or follow-up is warranted.

In any case in which a suspect is not apprehended and

there is insufficient information to support further investigation, a supervisor may authorize that the initiating officer need not complete a formal report.

EXHIBIT 5

Long Beach Police Department Policy Manual

Policy 7.1.7: Vehicle Pursuits

App. 34

7.1.7 VEHICLE PURSUITS

Revised June 2, 2016

The Patrol Bureau will have audit responsibility.

7.1.7.1

DEFINITIONS

Revised June 2, 2016

A) Pursuit – An event involving one or more law enforcement officers attempting to apprehend a suspected or actual violator of the law in a motor

vehicle while the driver is using evasive tactics, including, but not limited to, high speed driving,

driving off a highway, turning suddenly, or driving

in a legal manner but failing to yield to the other’s

signal to stop.

B) Actively involved units – The primary unit, the

secondary unit, and any other unit pursuing the

suspect vehicle.

C) Other Involved units, including, but not limited to:

Units requested by supervisor for traffic control

Units needed to set perimeter

Units needed for rescue or arrest teams

Units for evidence collection and transportation

Air support

Supervisor – A sworn employee with the rank of

Sergeant or higher.

App. 35

E) Surveillance mode – Observation of the suspect

vehicle, by the Air Support Unit (ASU), after a pursuit has been terminated by ground units.

F) Pursuit rated vehicle – Pursuant to California

Vehicle Code (CVC) § 21806, vehicles with the following:

Alternating headlights that flash on and off;

A forward facing, fixed red light; and

A siren sounding.

7.1.7.2

INITIATING PURSUITS

Revised June 2, 2016

The duty of a suspect to yield to the lawful authority of

an officer is defined in CVC § 21806 and requires the

police unit’s red light and siren to be activated at all

times.

Officers are authorized to initiate a pursuit in the following circumstances:

The officer has reasonable cause to believe that

the suspect he or she is attempting to arrest has

committed, is about to commit, or is threatening to

commit a felony crime.

The officer, prior to initiating the pursuit, has reasonable cause to believe that the driving ability of

the suspect is so impaired that the suspect may

cause death or serious injury to another person.

An officer initiating a pursuit should, as soon as reasonably possible, notify the Disaster Preparedness and

App. 36

Emergency Communications Department (Communications Center) of the following:

Location;

Direction of travel;

Speed;

Reason for initiating the pursuit;

Vehicle description and license plate, if available;

Number of additional units reasonably needed to

join the pursuit to safely effect the arrest;

Other facts relating to the suspect(s) that may present an increased danger;

When approval for continuation cannot be obtained by

a supervisor, officers shall cancel the pursuit.

7.1.7.3

OFFICER RESPONSIBILITIES

Revised June 2, 2016

A vehicle pursuit shall be conducted with red light and

siren for exemption from compliance with the rules of

the road, as required by CVC § 21055. Officers shall

drive with due regard and caution for the safety of all

persons using the highway, as required by CVC

§ 21056.

7.1.7.4

ASSESSMENT OF RISK FACTORS

Revised June 2, 2016

A police pursuit is a dangerous activity that should be

engaged in with the utmost awareness of the risks to

App. 37

other drivers, bystanders, the officers, and the suspect(s). The primary purpose of a motor vehicle pursuit

is to arrest fleeing suspects with the minimum amount

of force necessary and to minimize the risk of harm to

people and property. Even when a pursuit is justified,

everyone involved must continually evaluate whether

the dangers or risks of a pursuit outweigh the need to

immediately apprehend the suspect.

Some factors which should be considered and evaluated when initiating, authorizing, continuing, or terminating a pursuit include, but are not limited to:

Time of day;

Vehicular traffic conditions;

Pedestrian traffic conditions;

Weather conditions;

Roadway conditions, e.g., slippery or under construction;

Area of pursuit, e.g., near school or residential

area;

Severity of crime;

Whether the suspect has been identified and/or

can be located, making later apprehension probable;

Speed and recklessness of suspect;

10) Capabilities and limitations of pursuing vehicle;

11) Availability of backup;

12) Officer’s familiarity with area of pursuit;

App. 38

13) Quality of radio communications with the dispatcher, pursuing units, and the authorizing supervisor;

14) Whether the suspect is known to be a juvenile; and

15) Involvement of the Air Support Unit.

7.1.7.5

PURSUIT COORDINATION

Revised June 2, 2016

The unit that initiates the pursuit shall be the primary

unit and shall broadcast all pertinent information regarding the pursuit, unless the primary unit specifically requests the ASU or another actively involved

unit to broadcast.

The primary unit may request as many units as necessary to allow for control and arrest of the suspect(s).

The field supervisor in charge of the pursuit will authorize the number of units to engage, or assist, in the

pursuit. This decision will be based upon an assessment of the risk factors and information received from

the primary unit.

7.1.7.6 AIR SUPPORT UNIT (ASU) RESPONSIBILITIES

Revised June 2, 2016

When available, the ASU shall respond to the scene of

a pursuit and shall assist pursuing units and the supervisor as follows:

App. 39

Notify the Communications Center when they

have visual contact with a pursuit;

If requested, assume responsibility for broadcasting locations and the direction of travel of the pursuit;

Assist ground units and the supervisor monitoring

the pursuit by identifying and broadcasting all potential safety risks;

Once visual contact is made, provide the supervisor with the number of ground units involved;

When possible, identify units participating in the

pursuit for the purpose of management and control;

Stay in radio contact with assisting ground units

to aid in the capture of the suspect(s);

Electronically record the pursuit and the termination point (the recording shall be placed into evidence);

When a supervisor terminates a pursuit and surveillance mode is initiated, the ASU will assume a

position that affords the suspect little possibility

of detecting the ASU. The searchlight will not be

used during the surveillance mode. The ASU will

follow the suspect vehicle until the vehicle stops,

or the surveillance is canceled.

7.1.7.7

FOREIGN JURISDICTION PURSUITS

Revised June 2, 2016

LBPD units, including the ASU, shall not engage in

pursuits initiated by foreign jurisdictions, unless the

App. 40

pursuit meets the criteria of the LBPD pursuit policy

and assistance is requested by the pursuing agency.

LBPD units engaged in a foreign jurisdiction’s pursuit

shall terminate their involvement if the pursuit leaves

the Long Beach city limits, unless directed to continue

by an LBPD supervisor.

If a foreign jurisdiction pursuit terminates within the

Long Beach city limits, the LBPD supervisor who approved the pursuit shall verify which agency will coordinate pursuit termination activities.

7.1.7.8

PURSUITS LEAVING CITY LIMITS

Revised June 2, 2016

If an LBPD pursuit leaves the city limits, the unit

broadcasting the pursuit shall immediately notify the

supervisor. The supervisor will direct the Communications Center to inform other affected agencies of the

pursuit.

Supervisors may request an outside agency to take

over a pursuit if it reasonably appears the other

agency is better able or equipped to continue the pursuit. If a pursuit is turned over to another agency,

LBPD units shall verify that agency has assumed control and then shall terminate participation; however,

the primary unit and field supervisor will remain

available to cooperate with the arresting agency if the

suspect(s) is apprehended.

App. 41

If a request is made by another agency for the LBPD

to abandon a pursuit within that agency’s jurisdiction,

that request shall be complied with immediately.

7.1.7.9

PURSUIT LIMITATIONS

Revised March 2, 2018

Police vehicles not equipped for pursuits shall not

engage in a pursuit;

When the ASU is ordered to perform in a surveillance mode, all units will attempt to stay clear of

the area in which the suspect vehicle is operating;

Vehicles transporting prisoners shall not engage

in pursuits under any circumstances;

Officers shall not use a vehicle as a barricade, or

to make intentional contact with a suspect vehicle

during a pursuit, unless using an authorized pursuit intervention technique (PIT), or the use of

deadly force is justified. The use of a vehicle as a

force option is governed by LBPD Manual § 7.1.2

USE OF FORCE.

7.1.7.10

MOTORCYCLE UNITS

Revised June 2, 2016

A motorcycle unit may only initiate a vehicle pursuit

for a violent felony or in other extreme circumstances.

The supervisor shall acknowledge that a motorcycle

unit is involved and approve or cancel the pursuit. The

supervisor must explain the necessity of the motorcycle unit’s involvement, per LBPD Manual § 7.1.7.14

App. 42

SUPERVISOR

TIES.

POST-PURSUIT

RESPONSIBILI-

Unless otherwise directed by a supervisor, motorcycle

units shall cease their involvement when a fourwheeled, pursuit rated vehicle joins the pursuit and

takes over as the primary unit. Once a motorcycle unit

ceases involvement in the pursuit, they shall follow all

requirements in LBPD Manual § 7.1.7.12 PURSUIT

TERMINATION.

7.1.7.11

TIRE DEFLATION DEVICE

Revised June 2, 2016

Tire deflation devices should be used whenever possible to safely end vehicle pursuits. Only personnel who

are trained in the operation and deployment of tire

deflation devices shall be permitted to deploy these

devices. Use of a tire deflation device shall be documented on a Supervisor’s Vehicle Pursuit Report.

The Collision Investigation Detail will be responsible

for the following:

Maintaining liaison with manufacturing companies for equipment purchase and replacement;

Training existing and newly assigned personnel in

the use of tire deflation devices;

Distributing tire deflation devices throughout the

Patrol Divisions;

Ensuring tire deflation devices issued to the Divisions are properly maintained;

App. 43

Maintaining expertise regarding the tire deflation

device, usage, and procedural issues.

Unless the use of deadly force is justified, tire deflation

devices shall not be used to stop the following vehicles:

Motorcycles, mopeds, or other similar type vehicles

Vehicles transporting hazardous materials

Buses with passengers

7.1.7.12

PURSUIT TERMINATION

Revised June 2, 2016

A pursuit shall be immediately terminated under the

following conditions:

A field supervisor orders the pursuit terminated;

Officers lose visual contact with the suspect vehicle and the ASU is not in a position to provide immediate directions;

Officers lose clear radio contact with the Communications Center;

Officers lose clear radio contact with the field supervisor authorizing the pursuit.

Once the decision is made to terminate the pursuit,

pursuing units shall:

Obey the rules of the road;

Deactivate their red lights and siren;

Turn off from the pursued vehicle’s direction of

travel (do not follow);

App. 44

Notify the Communications Center of the termination;

ASU will not continue to follow the vehicle unless

placed into surveillance mode.

7.1.7.13

SUPERVISOR RESPONSIBILITIES

Revised June 2, 2016

A field supervisor shall be notified immediately when

a unit initiates a pursuit. After evaluation of the circumstances surrounding the pursuit, the field supervisor shall make a decision on whether to allow the

pursuit to continue and shall transmit that decision to

the pursuing unit. If possible, the supervisor should

not be actively involved in the pursuit, but shall monitor radio transmissions and be responsible for the progress of the pursuit. The supervisor may terminate the

pursuit at any time.

Any supervisor initiating a pursuit shall be considered

the primary unit and subject to the duties of a primary

unit, including seeking authorization for the pursuit

from another supervisor. The supervisor should relinquish his or her role as the primary unit to the first

assisting unit on scene.

7.1.7.14

SUPERVISOR POST-PURSUIT

SPONSIBILITIES

RE-

Revised June 2, 2016

A field supervisor shall go to the scene of a terminated

pursuit and take command. The supervisor shall be

App. 45

responsible for ensuring all appropriate crime and

arrest reports are filed.

On each pursuit, the supervisor shall complete a Supervisor’s Vehicle Pursuit Review, which will include

the following:

Identification of all personnel involved both authorized and unauthorized;

Summary of the events leading up to the pursuit;

Chronological events of the pursuit;

Pertinent events occurring after the pursuit;

Any retraining.

A supervisor who was actively involved in a pursuit

shall not file the Supervisor’s Vehicle Pursuit Review.

7.1.7.15

DISASTER PREPAREDNESS AND

EMERGENCY

COMMUNICATIONS

DEPARTMENT (COMMUNICATIONS

CENTER) RESPONSIBILITIES

Revised June 2, 2016

Upon notification by a unit that he or she is in pursuit,

the Communications Center will contact a sworn field

supervisor to take supervisory control of the pursuit.

The supervisor will be informed of all available information including the units involved.

The dispatcher handling communications for the pursuit will provide all necessary information to the field

units. All units will be advised when the pursuit is terminated or a supervisor requests a surveillance mode.

App. 46

Any necessary information will then be conveyed to

the ground units to avoid unnecessary contact with the

suspect during the surveillance operation.

The cancellation of a pursuit will be broadcast to all

units along with the suspect’s direction of travel, so

units may stay clear of the suspect vehicle.

7.1.7.16

REVIEW OF PURSUITS – POLICE VEHICLE AND AIR SUPPORT UNIT

Revised June 2, 2016

The Collision Investigation Detail shall gather all pertinent pursuit information and generate a Pursuit Review Report. This report shall contain an analysis

summary of the pursuit reports, supervisor’s report,

video recordings, audio recordings, and any other information related to the pursuit.

7.1.7.17

REVIEW OF PURSUITS – TIME PERIOD

Revised June 2, 2016

Pursuant to CVC § 14602.1, the Collision Investigation

Detail shall complete all State-mandated reporting requirements within 30 days.

7.1.7.18

REVIEW OF PURSUITS – COMMANDER

RESPONSIBILITIES

Revised June 2, 2016

The involved employee’s Commander will review the

Pursuit Review Report, provide recommendations and

App. 47

administrative insight for the recommended action,

and forward the Pursuit Review Report to the involved

employee’s Bureau Deputy Chief.

7.1.7.19

REVIEW OF PURSUITS – BUREAU

RESPONSIBILITIES

Revised June 2, 2016

The involved employee’s Bureau Chief will review the

Pursuit Review Report, and forward the Pursuit Review Report to the Internal Affairs Division.

The involved employee’s Division Commander and the

CID supervisor will be notified of any action to be

taken.

7.1.7.20

TRAINING

Revised June 2, 2016

All sworn personnel will participate in Annual training that shall include, at minimum, a review of this

policy.

EXHIBIT 6

Los Angeles Police Department Policy Manual

Volume 3: Management Rules and Procedures

Policy 579.15: Objectives of Body Worn Video

App. 48

When time constraints do not allow for the normal

ordering process and a required DICVS recorded file is

needed before the next scheduled courier delivery, the

requesting Department employee shall ensure that the

DICVS recorded file is retrieved from PD’s Central

Property Section’s evidence counter. In such cases, the

approving supervisor shall follow the same procedures

to request the disc through the COBAN link on the Departments LAN.

Additionally, a telephonic request shall be made to

PD’s Central Property Section’s watch commander to

advise of the need to expedite the request.

Note: Department supervisors from non-geographic

bureaus and divisions shall ensure that the DICVS

recorded file is retrieved from PD’s Central Property

Sections evidence counter after completing the established procedures.

AREA PROPERTY DISPOSITION COORDINATORS RESPONSIBILITY. The Area Property Disposition Coordinator shall monitor the DICVS recorded

video disc(s) and the Digital In-Car Video Evidence

Control Log, located in the analyzed evidence locker, to

ensure the timely and proper disposition of the videos.

579.15 OBJECTIVES OF BODY WORN VIDEO.

The following provisions are intended to provide LAPD

Officers with instructions on when and how to use

Body Worn Video (BWV) to ensure reliable recording

of enforcement and investigative contacts with the

public. “Officers,” as referenced below, include all sworn

App. 49

personnel. The Department has adopted the use of

BWV by uniformed personnel to:

•

Collect evidence for use in criminal investigations and prosecutions;

•

Deter criminal activity and uncooperative behavior during police-public interactions;

•

Assist officers with completing reports and

providing testimony in court;

•

Promote accountability;

•

Assist in resolving complaints against officers

including false allegations by members of the

public; and,

•

Provide additional information for officer

evaluation, training, and continuous improvement.

Body Worn Video provides additional information regarding an investigative or enforcement contact with a

member of the public. Body Worn Video recordings,

however, provide a limited perspective of the encounter

and must be considered with all other available evidence, such as witness statements, officer interviews,

forensic analyses and documentary evidence, when

evaluating the appropriateness of an officer’s actions.

BODY WORN VIDEO EQUIPMENT. Body Worn

Video equipment generally consists of a body-mounted

camera with a built-in microphone and a handheld

viewing device. The BWV camera is worn on the outside of an officer’s uniform, facing forward to make

video and audio recordings. The BWV video and audio

App. 50

recordings are stored digitally on the BWV camera and

can be viewed on a handheld viewing device or an authorized computer. An officer cannot modify, alter, or

delete video or audio once recorded by the BWV camera.

WHEN ACTIVATION OF BODY WORN VIDEO

EQUIPMENT IS REQUIRED. Officers shall activate

their BWV devices prior to initiating any investigative

or enforcement activity involving a member of the public, including all:

•

Vehicle stops;

•

Pedestrian stops (including officer-initiated

consensual encounters);

•

Calls for service;

•

Code 3 responses (including vehicle pursuits)

regardless of whether the vehicle is equipped

with In-Car Video equipment;

•

Foot pursuits;

•

Searches;

•

Arrests;

•

Uses of force;

•

In-custody transports;

•

Witness and victim interviews (except as

specified below);

•

Crowd management and control involving

enforcement or investigative contacts; and,

•

Other investigative or enforcement activities

where, in the officer’s judgment, a video

App. 51

recording would assist in the investigation or

prosecution of a crime or when a recording of

an encounter would assist in documenting the

incident for later investigation or review.

INABILITY TO ACTIVATE PRIOR TO INITIATING ENFORCEMENT OR INVESTIGATIVE ACTIVITY. If an officer is unable to activate his or her

BWV prior to initiating any of these enforcement or investigative activities, the officer shall activate the device as soon as it is practical and safe to do so. As in all

enforcement and investigative activities including vehicle and pedestrian stops, the safety of the officers and

members of the public are the highest priorities.

RECORDING OF THE ENTIRE CONTACT. The

BWV shall continue recording until the investigative

or enforcement activity involving a member of the public has ended. If enforcement or investigative activity

with a member of the public resumes, the officer shall

activate the BWV device and continue recording.

DOCUMENTATION REQUIRED FOR FAILING

TO ACTIVATE BODY WORN VIDEO OR RECORDING THE DURATION OF THE CONTACT.

If an officer is unable or fails to activate the BWV prior

to initiating an enforcement or investigative contact,

fails to record the entire contact, or interrupts the recording for any reason, the officer shall set forth the

reasons why a recording was not made, was delayed,

was interrupted, or was terminated in the comments

field of the incident in the Computer Aided Dispatch

(CAD) System, Daily Field Activity Report (DFAR),

App. 52

Form 15.52.00, Traffic Daily Field Activity Report,

Form 15.52.01, Sergeant’s Daily Report, Form 15.48.00,

Metropolitan Division Officer’s Log, Form 15.52.04 or

Gang Enforcement Detail – Supervisor’s Daily Report

Form, 15.49.00.

Exceptions: Officers are not required to activate and record investigative or enforcement encounters with the public when:

•

A witness or victim refuses to provide a

statement if recorded and the encounter

is non-confrontational;

•

In the officer’s judgment, a recording

would interfere with his or her ability to

conduct an investigation, or may be inappropriate, because of the victim or witness’s physical condition, emotional state,

age, or other sensitive circumstances

(e.g., a victim of rape, incest, or other form

of sexual assault);

•

Situations where recording would risk

the safety of a confidential informant, citizen informant, or undercover officer; or

•

In patient-care areas of a hospital, rape

treatment center, or other healthcare facility unless an enforcement action is

taken in these areas.

CONFIDENTIAL NATURE OF RECORDINGS.

Body Worn Video use is limited to enforcement and investigative activities involving members of the public.

The BWV recordings will capture video and audio

App. 53

evidence for use in criminal investigations, administrative reviews, and other proceedings protected by

confidentiality laws and Department policy. Officers

shall comply with all applicable laws and policies regarding confidential information including Department Manual Section 3/405, Confidential Nature of

Department Records, Reports, and Information. Unauthorized use or release of BWV recordings may compromise ongoing criminal and administrative

investigations or violate the privacy rights of those recorded. Therefore, any unauthorized use or release of

BWV or other violation of confidentiality laws and Department policies are considered serious misconduct

and subject to disciplinary action.

PROHIBITION AGAINST MODIFICATION OF

RECORDINGS. Officers shall not copy, edit, alter,

erase, or otherwise modify in any manner BWV recordings except as authorized by law or Department policy.

Any violation of this provision is considered serious

misconduct and subject to disciplinary action.

NOTICE TO MEMBERS OF THE PUBLIC OF RECORDING. Officers are encouraged to inform individuals that they are being recorded when feasible.

Officers, however, are not required to obtain consent

from members of the public when the officer is lawfully

in the area where the recording takes place. For example, an officer who lawfully enters a business or residence shall record any enforcement or investigative

activity, as set forth above, and is not required to obtain

consent from members of the public who may also be

present. In addition, officers are not required to play

App. 54

back BWV recordings to allow members of the public

to review the video footage.

PROHIBITION AGAINST RECORDING PERSONNEL IN NON-ENFORCEMENT OR INVESTIGATIVE SITUATIONS. Body Worn Video

equipment shall only be used in conjunction with official law enforcement and investigative activities involving members of the public. Body Worn Video shall

not be used to record Department personnel during

briefings, meetings, roll calls or while in private spaces

such as locker rooms or restrooms.

DEPARTMENT-ISSUED EQUIPMENT ONLY. Officers assigned BWV equipment shall not use any

other non-Department issued video or audio equipment, such as personally owned video or audio recorders, to record enforcement or investigative activities

involving members of the public unless expressly authorized by a supervisor. Uniformed supervisory personnel, however, may use digital recording devices

other than a BWV to record interviews when conducting use of force or personnel complaint investigations.

Nothing in this provision precludes personnel from utilizing authorized still photography equipment.

PROPERTY OF THE DEPARTMENT. Body Worn

Video equipment and all data, images, video, and

metadata captured, recorded, or otherwise produced is

the sole property of the Department and any unauthorized release is strictly prohibited.

TRAINING REQUIRED. Officers who are assigned a

BWV must complete Department-approved training in

App. 55

the proper use and maintenance of the devices before

deploying to the field.

INSPECTION AND TESTING OF EQUIPMENT.

The BWV equipment is the responsibility of the assigned officer and will be used with reasonable care to

ensure proper functioning and reliability. At the start

of a field assignment, officers shall inspect and test

their BWV and make sure it is undamaged and operating properly. Officers shall document the results of

their inspection in the comments field of “Status

Change – SW” entry within CAD, in the comments field

of the DFAR or Traffic DFAR, the Sergeant’s Daily Report, Gang Enforcement Detail – Supervisor’s Daily

Report, or Metropolitan Division Officer’s Log.

DAMAGED, MALFUNCTIONING OR INOPERABLE EQUIPMENT. If an officer’s BWV malfunctions

or is damaged, the officer shall notify an on-duty supervisor (who shall notify the watch commander) and

complete an Employee’s Report, Form 15.07.00. The officer is required to provide the malfunctioning or damaged equipment to the kit room officer and obtain a

functional BWV before deploying to the field.

IDENTIFYING RECORDINGS. For each incident

recorded on a BWV, officers shall identify the event

type and other information using the BWV equipment

and software that best describes the content of the

video (i.e. arrest, traffic stop, report). Body Worn Video

recordings, however, are not a replacement for written

reports or other required documentation such as a

CAD summary or DFAR.

App. 56

STORAGE OF RECORDINGS. At the end of each

shift, officers shall upload all BWV recordings to secure

storage by docking the device at the station.

VIEWING OF BODY WORN VIDEO RECORDINGS BY OFFICERS. The accuracy of police reports,

officer statements, and other official documentation is

essential for the proper administration of justice and

complying with the Department’s obligation to maintain full and complete records of enforcement and investigative activities. Investigators, supervisors,

prosecutors, and other officials rely on complete and

accurate records to perform their essential duties and

responsibilities. Officers are therefore required to review BWV recordings on their assigned device or authorized computer prior to documenting an incident,

arrest, search, interview, use of force, or other enforcement or investigative activity to ensure that their reports, statements, and documentation are accurate

and complete.

PROCEDURE FOR REVIEWING BODY WORN

VIDEO RECORDINGS IN CATEGORICAL USE

OF FORCE INCIDENTS. If an officer is involved in

a Categorical Use of Force (CUOF), such as an officerinvolved shooting, an officer shall not review his or her

BWV until authorized by the assigned Force Investigation Division (FID) investigator. Once authorized, the

officer shall review his or her BWV recording, and any

other relevant BWV footage as deemed necessary and

appropriate by the assigned FID supervisor, prior to

being interviewed by investigators. An officer may

have an employee representative present during the

App. 57

review of the BWV recordings without the FID investigator or supervisor present. The separating and

monitoring of officers involved in a CUOF shall be

maintained during the review of BWV recordings and

a review shall not occur jointly among involved employees.

DOCUMENTATION OF RECORDINGS. Officers

are required to document any portion of an incident

captured on the BWV system under the heading “Photos, Recordings, Video, DICV, BWV and Digital Imagine on all administrative and investigative reports

(e.g., The suspect’s spontaneous statements and actions were recorded via BWV”). If an employee is unable to review the BWV recording before submitting a

report, the officer must document in this section the

circumstances that prevented his or her review. If any

portion of an incident resulting in an arrest was captured by BWV equipment, officers shall identify the

existence of a BWV recording on all necessary forms

including the City Attorneys Disclosure Statement.

SUPERVISOR’S RESPONSIBILITIES. Supervisors assigned to any unit with BWV-equipped officers

shall:

•

Ensure that officers assigned BWV equipment have completed Department-required

training and are familiar with applicable policies and procedures;

•

Conduct periodic inspections of officers assigned BWV equipment and ensure that the

App. 58

BWV cameras are properly affixed to the officers’ uniforms and fully operable;

•

Ensure officers upload all BWV recordings at

the end of their shifts; and,

•

Review relevant BWV recordings prior to submitting any administrative reports (e.g. noncategorical use of force investigations, pursuits, officer-involved traffic collisions).

After conducting an inspection of an officer’s assigned

BWV equipment, the supervisor shall document the inspection in his or her Sergeant’s Daily Report. If any of

the BWV equipment is found to be defective, the supervisor must ensure that the equipment is removed from

service and immediately replaced. The supervisor

must also complete an Employee’s Report regarding

the defective equipment and notify the system administrator at Information Technology Group via email at

BWV@lapd.lacity.org. Watch commanders must document the supervisor’s findings in their Watch Commander’s Daily Report, Form 15.80.00, and take any

appropriate action depending on the cause of the problem.

RECORDINGS IN NON-CATEGORICAL USE OF

FORCE INCIDENTS – SUPERVISOR’S RESPONSIBILITIES. Supervisors investigating Non-Categorical Use of Force (NCUOF) incidents shall, when

available, allow involved officers to review their BWV

recordings and, if deemed necessary, review other

BWV recordings to ensure complete and accurate reports and documentation of the incident.

App. 59

RECORDINGS IN CATEGORICAL USE OF

FORCE INCIDENTS – SUPERVISOR’S RESPONSIBILITIES. Supervisors assigned to any unit with

BWV-equipped officers must take possession of an officer’s BWV equipment when the officer is involved in

a Categorical Use of Force, ensure the recording has

stopped, power off the camera, and maintain custody

until transferred to FID personnel.

Note: Supervisors, however, shall not view

the BWV recording without express authorization of FID.

Force Investigation Division investigators, upon arrival at the scene of a Categorical Use of Force incident,

shall take possession of any involved officer’s BWV

camera and complete the upload process.

WATCH COMMANDER’S RESPONSIBILITIES.

Watch commanders assigned to any unit with BWVequipped officers shall:

•

Conduct roll call training on expectations, use,

and maintenance of the BWV equipment and

debrief BWV captured incidents of value;

•

Review deviations from BWV policy and procedures and take appropriate action;

•

Ensure all BWV anomalies identified by the

Area training coordinator have been addressed and any appropriate documentation

is returned to the Area training coordinator

for commanding officer review;

App. 60

•

Review supervisor inspections regarding defective equipment, systems, and ensure necessary steps are taken to have them repaired;

•

Review Sergeant’s Daily Reports to ensure inspections of sworn personnel assigned BWV

units are being conducted and documented. If

field inspections are not properly documented,

the watch commander must take appropriate

action to correct the deficiency and appropriately document the fmdings (i.e., Employee

Comment Sheet, Form 01.77.00, Supervisor

Action Item, Notice to Correct Deficiencies,

Form Gen. 78, or a Complaint Form, Form

01.28.00) and the corrective action taken. The

corrective action must also be documented

within the Learning Management System

(LMS); and,

•

Log the appropriate disposition on the Video

Evidence Control Log, Form 10.11.05, which

must be maintained in the analyzed evidence

locker at the concerned Area.

KIT ROOM OFFICER’S RESPONSIBILITIES. Officers assigned to the kit room shall:

•

Conduct daily inspections of all BWV docking

equipment to ensure they are active;

•

Inspect any BWV devices returned to the kit

room as inoperative;

•

Assign spare units to sworn personnel who returned their primary unit to the kit room;

and,

App. 61

Note: If found to be defective, the kit room

officer must declare the item inoperable and

verify that an Employee’s Report has been

completed. If it is discovered that no documentation exists declaring the item inoperable,

the kit room officer must complete an Employee’s Report and submit the Employee’s

Report to the watch commander accompanied

with the equipment log at the completion of

the officer’s shift

•

Provide a copy of the Employee’s Report documenting the inoperable equipment to the

Area training coordinator along, with any of

the inoperable equipment.

TRAINING COORDINATOR’S RESPONSIBILITIES. Area training coordinators shall:

•

Verify officers have been trained on the use

and deployment of BWV;

•

Document all employees who have been

trained on the use of BWV into the LMS including all traffic officers and reserve officers

eligible for field duty;

•

Ensure all employees transferring into the

Area receive proper training on the use and

deployment of BWV;

•

Review all Employee’s Reports documenting

inoperable equipment and facilitate the

equipment’s repair;

•

Deliver all inoperable equipment to the Information Technology Group (ITG), Tactical

Technology Section; and,

App. 62

•

Notify the watch commander or specialized

unit officer in charge (OIC) in the event that

it appears that BWV equipment has been

tampered with.

COMMANDING OFFICER’S RESPONSIBILITIES.

Area commanding officers (Areas with BWV) are responsible for ensuring compliance with BWV training,

policies, and procedures by regularly monitoring and

inspecting BWV equipment within their command.

Area commanding officers are also responsible for supervising the proper maintenance and disposition of

division records, ensuring adherence to record retention protocols and properly filing all BWV documents

for future reference.

INFORMATION TECHNOLOGY GROUP, TACTICAL TECHNOLOGY SECTION, RESPONSIBILITIES. The OIC of ITG, Tactical Technology Section, is

responsible for:

•

Coordinating warranty service and maintenance through Department-approved vendor(s);

•

Providing technical assistance and subject

matter experts related to investigations; and,

•

Coordinating the replacement of inoperable,

malfunctioning or damaged equipment and/or

systems.

579.17 USE OF BODY WORN VIDEO OR DIGITAL

IN-CAR VIDEO SYSTEM FOR LOS ANGELES

POLICE DEPARTMENT TRAINING PURPOSES.

The following procedures must be followed when

App. 63

Department personnel seek to use digital video recordings for training purposes.

For Official Use Only. As set forth in Department

Manual Sections 3/579.13, Digital In-Car Video System (DICVS) Use and Deployment, and 3/579.15, Objectives of Body Worn Video, Body Worn Video (B WV)

and DICVS footage may only be used for official Department purposes and any unauthorized use or release of video footage is considered serious misconduct

subject to disciplinary action.

Video Recordings Released to the Public. Video or

audio footage previously released to the public by the

Department (e.g., video, audio, or other recordings released in a critical incident community briefing pursuant to Department Manual Section 1/420.55, or video

introduced as evidence in a civil or criminal hearing)

may be used for training or other appropriate purposes

and approval pursuant to this manual section is not

required.

Tactical Debriefs and Extensive Retraining Sessions. Nothing shall restrict the use of BWV or DICVS

during authorized Tactical Debriefs or Extensive Retraining Sessions following the adjudication of a use of

force.

Supervisor’s Responsibilities. If a supervisor identifies a BWV or DICVS recording that he or she desires

to use for internal Department training purposes, the

supervisor shall obtain written consent from the Department employee(s) that are readily identifiable to

the video-viewing audience (e.g., facially, viewable

App. 64

name tag, officers name mentioned audibly), complete

a Digital Video Recordings for Training Consent, Form

13.16.00, and attach it with the Request/Approval for

Use of Digital Video for Training, Form 13.16.01, which

includes the applicable reference number of the video

recording. The supervisor shall then submit both forms

to the Area/divisional commanding officer (CO) for approval.

Area/divisional Commanding Officer’s Responsibilities.

•

The Area/divisional CO must confirm that the

particular video recording that is requested to

be used for training is not the subject of or relevant to:

○

Any ongoing administrative investigation, pending personnel complaint, administrative appeal, grievance, arbitration,

criminal investigation against an officer,

civil litigation against the Department, or

Board of Rights proceeding; or,

○

A pending adjudication regarding a use of

force, pursuit, or traffic collision.

Note: If one of these actions is initiated

and pending after approval to use BWV

or DICVS footage for Department training purposes, the Department entity

that learns of the new circumstance

must immediately notify Personnel and

Training Bureau (PTB) to determine, in

App. 65

consultation with appropriate Department entities, whether the footage should

continue to be used for training purposes.

○

The Area/divisional CO shall review and

submit the Digital Video Recordings for

Training Consent and the Request/Approval for Use of Digital Video for Training to his or her bureau CO.

Bureau Commanding Officer’s Responsibilities.

The bureau CO shall review and submit the Digital

Video Recordings for Training Consent and the Request/

Approval for Use of Digital Video for Training to the

Information Technology Group (ITG) CO.

Information Technology Group Commanding Officer’s Responsibilities. The ITG CO shall review

and submit the Digital Video Recordings for Training

Consent and the Request/Approval for Use of Digital

Video for Training to the PTB CO.

Personnel and Training Bureau Commanding

Officer’s Responsibilities. The PTB CO shall review

and submit both the Digital Video Recordings for

Training Consent and the Request/Approval for Use

of Digital Video for Training to the Director, Office of

Constitutional Policing and Policy (OCPP), for approval if the training is to be conducted for persons outside of the Department. Otherwise, the PTB CO shall

send the Request/Approval for Use of Digital Video for

Training to the respective bureau, with copies to the

requesting division and ITG. The PTB CO shall have

final authority on approval of the Request/Approval for

App. 66

Use of Digital Video for Training, if the training is to

be conducted solely for Department personnel. Personnel and Training Bureau shall maintain all necessary

databases and tracking mechanisms for all Request/

Approval for Use of Digital Video for Training.

Director, Office of Constitutional Policing and

Policy, Responsibilities. The Director, OCPP, shall

have final authority on approval of the Request/

Approval for Use of Digital Video for Training when

the training is to be conducted for non-law enforcement personnel or training programs sponsored by

other jurisdictions. The original request/approval for

use of digital video for training shall be returned to

PTB for retention.

For Los Angeles Police Department Audiences

Only: Video recordings approved for training purposes

shall only be used for the training of law enforcement

and other Department personnel and only if the training video is pertinent to those attending, as determined by the highest-ranking supervisor present. If

any members of the public will be present during training, approval must be obtained from the Director,

OCPP, prior to the use of the video recording.

This policy does not affect Department Manual Section

1/420.55, Critical Incident Video Release Policy, regarding video release for critical incidents or the Department’s obligations, or waivers of exemptions under

the California Public Records Act.

579.18 TELEMATICS SYSTEM. Vehicles (to include

all Department moving conveyances; motorized or not)

App. 67

equipped with Telematics will enable the Department

to monitor vehicle operation in near real-time, providing easy-to-use, real-time maps, dashboards, and reports. The data is updated a few times a minute or

when ? trigger-events ? occur. Historical data can be

made available for up to 12 months. Telematics tracks

various components including, but not limited to:

•

Vehicle identifiers (e.g., ? shop ? number, vehicle identification number);

•

Vehicle diagnostic data) e.g., airbag sensor,

mileage, idling);

•

Vehicle speed, location, and direction of travel;

•

Use of seatbelts;

EXHIBIT 7

Torrance Police Department Policy Manual

Policy 307: Vehicle Pursuits

App. 68

Policy

307

Torrance Police Department

TBD Policy Manual

Vehicle Pursuits

307.1

PURPOSE AND SCOPE

Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious

injury or death. The primary purpose of this policy is

to provide officers with guidance in balancing the

safety of the public and themselves against law enforcement’s duty to apprehend violators of the law. Another purpose of this policy is to reduce the potential

for pursuit-related collisions. Vehicular pursuits require officers to exhibit a high degree of common sense

and sound judgment. Officers must not forget that the

immediate apprehension of a suspect is generally not

more important than the safety of the public and pursuing officers.

Deciding whether to pursue a motor vehicle is a critical

decision that must be made quickly and under difficult

and unpredictable circumstances. In recognizing the

potential risk to public safety created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicular

pursuit because of the risk involved. This includes circumstances where department policy would permit the

initiation or continuation of the pursuit. It is recognized that vehicular pursuits are not always predictable and decisions made pursuant to this policy will be

App. 69

evaluated according to the totality of the circumstances reasonably available at the time of the pursuit.

Officers must remember that the most important factors to the successful conclusion of a pursuit are proper

self-discipline and sound professional judgment. Officer’s conduct during the course of a pursuit must be

objectively reasonable; that is, what a reasonable officer would do under the circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect

at all costs has no place in professional law enforcement.

Department employees shall not request, encourage, or

permit any civilian to take any action or institute any

pursuit of suspected or known criminals. Whenever an

employee becomes aware that a civilian has initiated

such a pursuit, the employee shall, whenever possible,

encourage the pursuit to be terminated immediately.

307.1.1

VEHICLE PURSUIT DEFINED

A vehicle pursuit is an event involving one or more law

enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating

a motor vehicle by using high-speed driving or other

evasive tactics, such as driving off a highway, turning

suddenly, or driving in a legal manner but willfully

failing to yield to an officer’s signal to stop.

App. 70

307.2

OFFICER RESPONSIBILITIES

It shall be the policy of this department that a vehicle

pursuit shall be conducted only with a red light and

siren as required by Vehicle Code § 21055 for exemption from compliance with the rules of the road. The

following policy is established to provide officers with

guidelines for driving with due regard and caution for

the safety of all persons using the highway as required

by Vehicle Code § 21056.

To discourage violators or suspects, from attempting to

avoid arrest by fleeing, officers should be in close proximity to the violator’s vehicle, whenever possible, before activating a red light and attempting to stop the

suspect vehicle. Officers, when possible, should request

and wait for assisting units to get into position before

initiating a vehicle stop that may result in a pursuit.

307.2.1

WHEN TO INITIATE A PURSUIT

Officers are authorized to initiate a pursuit when it is

reasonable to believe that a suspect is attempting to

evade arrest or detention by fleeing in a vehicle.

The following factors individually and collectively

shall be considered in deciding whether to initiate a

pursuit:

(a) Seriousness of the known or reasonably suspected crime and its relationship to community safety.

(b) The importance of protecting the public and

balancing the known or reasonably suspected

App. 71

offense and the apparent need for immediate

capture against the risks to officers, innocent

motorists and others.

whether the suspects represent a serious

threat to public safety).

(d) The identity of the suspects has been verified

and there is comparatively minimal risk in allowing the suspects to be apprehended at a

later time.

(e) Safety of the public in the area of the pursuit,

including the type of area, time of day, the

amount of vehicular and pedestrian traffic

and the speed of the pursuit relative to these

factors.

(f ) Pursuing officers familiarity with the area of

the pursuit, the quality of radio communications between the pursuing units and the

dispatcher/supervisor and the driving capabilities of the pursuing officers under the conditions of the pursuit.

(g) Weather, traffic and road conditions that substantially increase the danger of the pursuit

beyond the worth of apprehending the suspect.

(h) Performance capabilities of the vehicles used

in the pursuit in relation to the speeds and

other conditions of the pursuit.

(i)

Vehicle speeds.

(j)

Other persons in or on the pursued vehicle

(e.g., passengers, co-offenders and hostages).

App. 72

(k) Availability of other resources such as helicopter assistance.

(l)

307.2.2

The police unit is carrying passengers other

than police officers. Pursuits should not be undertaken with a prisoner in the police vehicle.

WHEN TO TERMINATE A PURSUIT

Pursuits should be discontinued whenever the totality

of objective circumstances known or which reasonably

ought to be known to the officer or supervisor during

the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the

risks resulting from the suspect’s escape.

The factors listed in When to Initiate a Pursuit of this

policy are expressly included herein and will apply

equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers and supervisors

must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists and themselves when electing to

continue a pursuit. In the context of this policy, the

term “terminate” shall be construed to mean discontinue or to stop chasing the fleeing vehicle.

In addition to the factors listed in When to Initiate a

Pursuit of this policy, the following factors should also

be considered in deciding whether to terminate a pursuit:

(a) Distance between the pursuing officers and

the fleeing vehicle is so great that further

App. 73

pursuit would be futile or require the pursuit

to continue for an unreasonable time and/ or

distance.

(b) Pursued vehicle’s location is no longer definitely known.

damage that renders it unsafe to drive.

(d) Extended pursuits of violators for misdemeanors not involving violence or risk of serious harm (independent of the pursuit) are

discouraged.

(e) There are hazards to uninvolved bystanders

or motorists.

(f ) If the identity of the offender is known and it

does not reasonably appear that the need for

immediate capture outweighs the risks associated with continuing the pursuit, officers

should strongly consider discontinuing the

pursuit and apprehending the offender at a

later time.

(g) Pursuit is terminated by a supervisor.

307.2.3

SPEED LIMITS

The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds shall take into

consideration public safety, officer safety and the

safety of the occupants of the fleeing vehicle.

App. 74

Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also consider these

factors when determining the reasonableness of the

speed of the pursuit:

(a) Pursuit speeds have become unreasonably

unsafe for the surrounding conditions.

(b) Pursuit speeds have exceeded the driving

ability of the officer.

the pursuit vehicle thus making its operation

unsafe.

307.3

PURSUIT UNITS

Pursuit units should be limited to three units and a

supervisor; however, the number of units involved will

vary with the circumstances. An officer or supervisor

may request additional units to join a pursuit if, after

assessing the factors outlined above, it appears that

the number of officers involved would be insufficient to

safely arrest the suspects. All other officers should stay

out of the pursuit, but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the termination

point at legal speeds, following the appropriate rules of

the road.

307.3.1

MOTORCYCLE OFFICERS

A distinctively marked patrol vehicle equipped with

emergency overhead lighting should replace a police

App. 75

motorcycle as primary and/or secondary pursuit unit

as soon as practical.

307.3.2 VEHICLES

EQUIPMENT

WITHOUT

EMERGENCY

Vehicles not equipped with a red light and siren are

generally prohibited from initiating or joining in any

pursuit. Officers in such vehicles, however, may become

involved in emergency activities involving serious

crimes or life threatening situations. Those officers

should terminate their involvement in any pursuit immediately upon arrival of a sufficient number of emergency police vehicles or any police helicopter. The

exemptions provided by Vehicle Code § 21055 do not

apply to officers using vehicles without emergency

equipment.

307.3.3 PRIMARY UNIT RESPONSIBILITIES

The initial pursuing unit will be designated as the

primary pursuit unit and will be responsible for the

conduct of the pursuit unless it is unable to remain

reasonably close enough to the violator’s vehicle. The

primary responsibility of the officer initiating the pursuit is the apprehension of the suspects without unreasonable danger to him/herself or other persons.

Notify Communications that a vehicle pursuit has

been initiated and as soon as practicable provide information including, but not limited to:

App. 76

(a) Reason for the pursuit.

(b) Location and direction of travel.

(d) Description of the fleeing vehicle and license

number, if known.

(e) Number of known occupants.

(f ) The identity or description of the known occupants.

(g) Information concerning the use of firearms,

threat of force, injuries, hostages or other unusual hazards.

Unless relieved by a supervisor or secondary unit, the

officer in the primary unit shall be responsible for the

broadcasting of the progress of the pursuit. Unless

practical circumstances indicate otherwise, and in

order to concentrate on pursuit driving, the primary

officer should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit

or aircraft joining the pursuit.

If the primary unit contains only one officer, officers

shall transfer primary unit responsibility to a two-officer unit when that unit is in a position to assume primary unit responsibilities. The one-officer unit shall

then continue the pursuit as a secondary unit unless

relieved of such duties by another two-officer unit or a

supervisor.

App. 77

307.3.4 SECONDARY UNITS RESPONSIBILITIES

The second officer in the pursuit is responsible for the

following:

(a) The officer in the secondary unit should immediately notify the dispatcher of entry into

the pursuit.

(b) Remain a safe distance behind the primary

unit unless directed to assume the role of primary officer, or if the primary unit is unable

to continue the pursuit.

for broadcasting the progress of the pursuit

unless the situation indicates otherwise.

307.3.5 PURSUIT DRIVING TACTICS

The decision to use specific driving tactics requires the

same assessment of considerations outlined in the factors to be considered concerning pursuit initiation and

termination. The following are tactics for units involved in the pursuit:

(a) Officers, considering their driving skills and

vehicle performance capabilities, will space

themselves from other involved vehicles such

that they are able to see and avoid hazards or

react safely to maneuvers by the fleeing vehicle.

(b) Because intersections can present increased

risks, the following tactics should be considered:

App. 78

Available units not directly involved in

the pursuit may proceed safely to controlled intersections ahead of the pursuit

in an effort to warn cross traffic.

Pursuing units should exercise due caution when proceeding through controlled

intersections.

vehicle driving left of center (wrong way) on a

freeway. In the event that the pursued vehicle

does so, the following tactics should be considered:

Requesting assistance from an air unit.

Maintaining visual contact with the pursued vehicle by paralleling it on the correct side of the roadway.

Requesting other units to observe exits

available to the suspects.

(d) Notifying the California Highway Patrol

(CHP) and/or other jurisdictional agency if it

appears that the pursuit may enter their jurisdiction.

(e) Officers involved in a pursuit should not attempt to pass other units unless the situation

indicates otherwise or they are requested to

do so by the primary unit.

App. 79

307.3.6 TACTICS/PROCEDURES FOR UNITS NOT

INVOLVED IN THE PURSUIT

Officers are authorized to use emergency equipment at

intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the

public. Officers should consider remaining in their assigned area and should not become involved with the

pursuit unless directed otherwise by a supervisor.

All involved units in the pursuit should be the only

units operating under emergency conditions (red light

and siren) unless other units are assigned to the pursuit.

307.3.7 AIRCRAFT ASSISTANCE

Coordination of the pursuit shall not be relinquished

to the air unit unless the pursuing unit or a supervisor

directs that this action be taken. If requested, once the

air unit has established visual contact with the pursued vehicle, it should assume control over the pursuit.

The primary and secondary ground units should consider the participation of aircraft assistance when determining whether to continue the pursuit.

The air unit should report progress of the pursuit and

provide officers and supervisors with details of upcoming traffic congestion, road hazards, or other pertinent

information to evaluate whether or not to continue the

pursuit.

App. 80

307.4 SUPERVISORY CONTROL AND RESPONSIBILITY

It is the policy of this department that available supervisory and management control will be exercised over

all vehicle pursuits involving officers from this department.

The field supervisor of the officer initiating the pursuit,

or if unavailable, the nearest field supervisor will be

responsible for the following:

(a) Upon becoming aware of a pursuit, immediately ascertaining all reasonably available information to continuously assess the situation

and risk factors associated with the pursuit in

order to ensure that the pursuit is conducted

within established department guidelines.

(b) Engaging in the pursuit, when appropriate, to

provide on-scene supervision.

pursuit even if not engaged in it.

(d) Ensuring that no more than the number of required police units needed are involved in the

pursuit under the guidelines set forth in this

policy.

(e) Directing that the pursuit be terminated if,

in his/her judgment, it is unjustified to continue the pursuit under the guidelines of this

policy.

(f ) Ensuring that aircraft are requested if available.

App. 81

(g) Ensuring that the proper radio channel is being used.

(h) Ensuring the notification and/or coordination

of outside agencies if the pursuit either leaves

or is likely to leave the jurisdiction of this

agency.

(i)

Controlling and managing TPD units when a

pursuit enters another jurisdiction.

(j)

Preparing post-pursuit critique and analysis

of the pursuit for training purposes.

307.4.1 WATCH COMMANDER RESPONSIBILITY

Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor and continually assess the situation and ensure the pursuit

is conducted within the guidelines and requirements

of this policy. The Watch Commander has the final responsibility for the coordination, control and termination of a vehicle pursuit and shall be in overall

command. In addition, the Watch Commander shall review all pertinent reports related to the arrest, if any.

307.4.2 DIVISION COMMANDER RESPONSIBILITY

After the Sergeant completes his/her review of the pursuit on the Administrative Review form (TPD 705), the

TPD 705 and associated documents shall be forwarded

to the affected Division Commander for review. The Division Commander will complete his/her review and

App. 82

then forward the TPD 705 with the supporting documents to the Patrol Coordinator.

307.5

COMMUNICATIONS

If the pursuit is confined within the City limits, radio

communications will be conducted on the primary

channel unless instructed otherwise by a supervisor or

communications dispatcher. If the pursuit leaves the

jurisdiction of this department or such is imminent, involved units should, whenever available, switch radio

communications to an emergency channel most accessible by participating agencies and units.

307.5.1 COMMUNICATION CENTER RESPONSIBILITIES

Upon notification that a pursuit has been initiated,

Communications will:

(a) Coordinate pursuit communications of the involved units and personnel.

(b) Notify and coordinate with other involved or

affected agencies as practicable.

pursuit.

(d) Assign an incident number and log all pursuit

activities.

(e) Broadcast pursuit updates as well as other

pertinent information as necessary.

App. 83

(f ) Notify the Watch Commander as soon as practicable.

(g) Keep the designated supervisor and the

Watch Commander informed of all assisting

units leaving the City.

(h) Immediately notify Torrance units whenever

they are advised of another jurisdiction in

pursuit entering the City.

307.5.2

LOSS OF PURSUED VEHICLE

When the pursued vehicle is lost, the primary unit

should broadcast pertinent information to assist other

units in locating suspects. The primary unit will be responsible for coordinating any further search for either

the pursued vehicle or suspects fleeing on foot.

307.6 INTER-JURISDICTIONAL CONSIDERATIONS

When a pursuit enters another agency’s jurisdiction,

the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area

and other pertinent facts, should determine whether to

request the other agency to assume the pursuit. Unless

entry into another jurisdiction is expected to be brief,

it is generally recommended that the primary officer or

supervisor ensure that notification is provided to each

outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist.

App. 84

307.6.1 ASSUMPTION OF PURSUIT BY ANOTHER

AGENCY

Units originally involved will discontinue the pursuit

when advised that another agency has assumed the

pursuit and assistance of the Torrance Police Department is no longer needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, with

or at the direction of a supervisor, to the termination

point to assist in the investigation.

The role and responsibilities of officers at the termination of a pursuit initiated by this department shall be

coordinated with appropriate consideration of the

units from the agency assuming the pursuit.

Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or

from another agency to assume a pursuit should be

specific. Because of communication limitations between local agencies and CHP units, a request for CHP

assistance will mean that they will assume responsibilities for the pursuit. For the same reasons, when a

pursuit leaves the freeway and a request for assistance

is made to this department, the CHP should relinquish

control.

307.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION

The agency that initiates a pursuit shall be responsible

for conducting the pursuit. Units from this department

should not join a pursuit unless specifically requested

to do so by the agency whose officers are in pursuit.

App. 85

The exception to this is when a single unit from the

initiating agency is in pursuit. Under this circumstance, a unit from this department may join the pursuit until sufficient units from the initiating agency

join the pursuit. No more than two units may join the

pursuit unless authorized by the supervisor or the

Watch Commander.

When a request is made for this department to assist

or take over a pursuit from another agency that has

entered this jurisdiction, the supervisor should consider these additional following factors:

(a) Ability to maintain the pursuit

(b) Circumstances serious enough to continue the

pursuit

(d) The public’s safety within this jurisdiction

(e) Safety of the pursuing officers

As soon as practicable, a supervisor or the Watch Commander should review a request for assistance from

another agency. The Watch Commander or supervisor,

after consideration of the above factors, may decline to

assist in, or assume the other agency’s pursuit.

Assistance to a pursuing allied agency by officers of

this department will terminate at the City limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing participation from

this department may continue only until sufficient assistance is present.

App. 86

In the event that a pursuit from another agency terminates within this jurisdiction, officers shall provide appropriate assistance to officers from the allied agency

including, but not limited to, scene control, coordination and completion of supplemental reports and any

other assistance requested or needed.

307.7

PURSUIT INTERVENTION

Pursuit intervention is an attempt to terminate the

ability of a suspect to continue to flee in a motor vehicle

through tactical application of technology, blocking,

boxing, PIT (Precision Intervention Technique), legal

intervention or roadblock procedures. In this context,

legal intervention shall be construed to mean maneuvering the police unit into contact with the pursued vehicle to mechanically disable or forcibly position it such

that further flight is not possible or practicable.

307.7.1

WHEN USE IS AUTHORIZED

Whenever possible, a supervisor’s permission should

be obtained before intervention is attempted. In deciding whether to use intervention tactics, officers/supervisors should balance the risks of allowing the pursuit

to continue with the potential hazards arising from the

use of each tactic to the public, the officers and persons

in or on the pursued vehicle. With these risks in mind,

the decision to use any intervention tactic should be

reasonable in light of the circumstances confronting

the officer at the time of the decision.

App. 87

It is imperative that officers act within the bounds of

legality, good judgment and accepted practices.

307.7.2

DEFINITIONS

Blocking or vehicle intercept – A slow-speed coordinated maneuver where two or more patrol vehicles

simultaneously intercept and block the movement of a

suspect vehicle, the driver of which may be unaware of

the impending enforcement stop, with the goal of containment and preventing a pursuit. Blocking is not a

moving or stationary road block.

Boxing-in – A tactic designed to stop a violator’s vehicle by surrounding it with law enforcement vehicles

and then slowing all vehicles to a stop.

Precision Intervention Technique (PIT) – A lowspeed maneuver designed to cause the suspect vehicle

to spin out and terminate the pursuit.

Legal Intervention – The deliberate act of impacting

a violator’s vehicle with another vehicle to functionally

damage or otherwise force the violator’s vehicle to stop.

Roadblocks – A tactic designed to stop a violator’s vehicle by intentionally placing an emergency vehicle or

other immovable object in the path of the violator’s vehicle.

307.7.3

USE OF FIREARMS

The use of firearms to disable a pursued vehicle is

not generally an effective tactic and involves all the

App. 88

dangers associated with discharging firearms. Officers

should not utilize firearms during an ongoing pursuit

unless the conditions and circumstances dictate that

such use reasonably appears necessary to protect life.

Nothing in this section shall be construed to prohibit

any officer from using a firearm to stop a suspect from

using a vehicle as a deadly weapon.

307.7.4

INTERVENTION STANDARDS

Any pursuit intervention tactic, depending upon the

conditions and circumstances under which it is used,

may present dangers to the officers, the public or anyone in or on the vehicle being pursued. Certain applications of intervention tactics may be construed to be

a use of deadly force and subject to the requirements

for such use. Officers shall consider these facts and requirements prior to deciding how, when, where and if

an intervention tactic should be employed.

(a) Blocking or vehicle intercept should only be

considered in cases involving felony suspects

or impaired drivers who pose a threat to public safety when officers reasonably believe

that attempting a conventional enforcement

stop will likely result in the driver attempting

to flee in the vehicle. Because of the potential

risks involved, this technique should only be

employed by officers who have received training in such tactics after giving consideration

to the following:

The need to immediately stop the suspect vehicle or prevent it from leaving

App. 89

substantially outweighs the risks of injury or death to occupants of the suspect

vehicle, officers, or other members of the

public.

All other reasonable intervention techniques have failed or reasonably appear

ineffective.

Employing the blocking maneuver does

not unreasonably increase the risk to officer safety.

The target vehicle is stopped or traveling

at a low speed.

At no time should civilian vehicles be

used to deploy this technique.

(b) Only those officers trained in the use of the

Precision Intervention Technique (PIT) will

be authorized to use this procedure. Use of the

PIT should be considered based on the circumstances and conditions presented at the time,

including the potential for risk of injury to officers, the public and occupants of the pursued

vehicle, as well as the following:

The officer must believe that the continued movement of the pursued vehicle

would place uninvolved persons in imminent danger of great bodily harm or

death.

The apparent risk of harm to uninvolved

persons is great and outweighs the apparent risk of harm involved in using intervention.

App. 90

Other reasonable means of apprehension

have been considered, such as: continue

to follow, calling for air support, setting

up roadblocks and calling for other

agency assistance.

Forcible stops should not be attempted

when the pursued vehicle is traveling in

excess of 35 MPH.

An uninvolved motorist-occupied vehicle

shall never be used to forcibly stop a pursued vehicle.

Whenever possible, a supervisor’s permission should be obtained before intervention is attempted.

Intervention should not be used when the

pursued vehicle is a pickup truck or similar type vehicle when subjects are occupying the open bed portion, unless deadly

force would be justified.

Intervention of motorcycles shall not be

attempted unless deadly force would be

justified.

Intervention is a use of force and therefore shall comply with the Department’s

Use of Force policy.

officers should obtain supervisor approval,

when practical, before attempting to box a

suspect vehicle during a pursuit. The use of

such a technique must be carefully coordinated with all involved units, taking into

App. 91

consideration the circumstances and conditions presented at the time as well as the potential risk of injury to officers, the public and

occupants of the pursued vehicle.

(d) Because roadblocks involve a potential for serious injury or death to occupants of the pursued vehicle if the suspect does not stop, the

intentional placement of roadblocks in the direct path of a pursued vehicle is generally discouraged and should not be deployed without

prior approval of a supervisor and only then

under extraordinary conditions when all

other reasonable intervention techniques

have failed or reasonably appear ineffective

and the need to immediately stop the pursued

vehicle substantially outweighs the risks of

injury or death to occupants of the pursued

vehicle, officers or other members of the public.

(e) If either the suspect vehicle or the pursuing

unit loses control after the intervention and

collides with property or vehicles, a Traffic

Collision Report (TPD 554) would be necessary to cover that collision only. If the collision

causes serious injuries, the California Highway Patrol should be requested to handle the

investigation.

307.7.5

CAPTURE OF SUSPECTS

Proper self-discipline and sound professional judgment

are the keys to a successful conclusion of a pursuit

and apprehension of evading suspects. The designated

App. 92

supervisor shall respond immediately to the termination point of the pursuit and is responsible for controlling police actions at the scene and ensuring adherence

to Department policy. Officers shall use only that

amount of force, which reasonably appears necessary

under the circumstances, to properly perform their

lawful duties.

Unless relieved by a supervisor, the primary officer

should coordinate efforts to apprehend the suspects

following the pursuit. Officers should consider safety of

the public and the involved officers when formulating

plans to contain and capture the suspects.

307.8

REPORTING REQUIREMENTS

The following reports should be completed upon conclusion of all pursuits:

(a) The primary officer should complete appropriate crime/arrest reports.

Date and time of pursuit

Length of pursuit

Involved units and officers

Initial reason for pursuit

Starting and termination points

Disposition (arrest, citation), including

arrestee information if applicable

Injuries and/or property damage

Medical treatment

Name of supervisor at scene

App. 93

(b) The Field Sergeant shall ensure that an Allied

Agency Vehicle Pursuit Report (CHP 187A) is

filed with the CHP no later than 30 days following the pursuit (Vehicle Code § 14602.1).

The Field Sergeant shall forward the report to

the Watch Commander for review and distribution.

(c) After first obtaining the available information, a field supervisor shall promptly complete an Administrative Review form (TPD

705), and submit it to his/her Division Commander. See attachment: TPD 705 Administrative Review Form.pdf

(d) The designated supervisor shall ensure the

Administrative Review form (TPD 705) is

completed if intervention occurs and/or force

is used to take the suspect into custody. Intervention is a use of force and should not be documented on a Traffic Collision Report (TPD

554).

(e) Any unintentional collisions involving police

units shall be reported on the appropriate

Traffic Collision Report and investigated by

CHP if there are any serious injuries.

307.8.1

TIES

SUPERVISOR REPORT RESPONSIBILI-

The Division Commander shall review each pursuit by

any personnel within his/her command to ensure compliance with this policy and to address any training

issues. The original Administrative Review form (TPD

App. 94

705) and related reports shall be forwarded to the Patrol Coordinator for statistical purposes.

The employee’s Bureau Commander shall review all of

the documentation related to the pursuit and determine if the incident was within policy and tactically

sound.

The Deputy Chief of Police shall make the final disposition in the case and return his/her findings to the

Personnel Division for appropriate notification of findings to the concerned personnel.

307.8.2 REGULAR AND PERIODIC PURSUIT

TRAINING

In addition to initial and supplementary Police Officer

Standard Training (POST) training on pursuits required by Penal Code § 13519.8, all sworn members of

this department will participate no less than annually

in regular and periodic department training addressing this policy and the importance of vehicle safety and

protecting the public at all times, including a recognition of the need to balance the known offense and the

need for immediate capture against the risks to officers

and others Vehicle Code § 17004.7(d)).

307.8.3

POLICY REVIEW

Each sworn member of this department shall certify in

writing that they have received, read and understand

this policy initially and upon any amendments. The

POST attestation form, or an equivalent form, may be

App. 95

used to document the compliance and should be retained in the member’s training file.

307.9 APPLICATION OF VEHICLE PURSUIT

POLICY

This policy is expressly written and adopted pursuant

to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.