Orange County Commentary : Opinion : Why Police Must Take Up the Chase

Periodically, the public becomes aware of police pursuits as a result of a spectacular or unusual incident that generates media coverage. Public attention is focused on why police elect to pursue when the police are keenly aware of the inherent hazards.

Television and motion picture depictions of rock-’em-sock-’em police pursuits tend to portray police as reckless in their pursuit of suspects. This portrayal lends to a distorted view of the causes and results of the typical police pursuit and how it is conducted.

A recent study was conducted by the California Highway Patrol to develop a clear understanding of the hazards created when suspects use motor vehicles to avoid apprehension and how specific actions taken by officers increase the hazards faced by the officers themselves, the pursued suspect and the general public.

The study was conducted from April 1, 1982, through Sept. 30, 1982. Ten California police agencies were utilized along with the 95 CHP offices statewide.

Participating departments were asked to submit a standardized questionnaire that considered such factors as distance traveled, duration, speed, injuries resulting from the pursuit, and weather conditions.

According to the statistics gathered in the study, a typical pursuit is initiated because of an observed traffic violation; it travels one mile, lasts one or two minutes, occurs in an urban area, and the violator is apprehended, arrested and booked into jail.

The study concluded that “law enforcement pursuits do not typically end in death or injury to innocent persons, as the media sometimes implies. Injury to the non-pursuit parties is, in fact, quite rare.”

The average officer makes hundreds of vehicle stops for minor infractions, with the violators making no attempt to avoid apprehension. Many armed robbery suspects, federal fugitives and other violent criminals are apprehended by officers when minor traffic offenses are committed and they are stopped and questioned by officers.

Unfortunately, a portion of these felons flee when the officers attempt to stop them. Therefore, when a violator attempts to flee at high speed to avoid apprehension, the officer, naturally, has a reasonable belief that there is something more involved than a minor traffic violation. This belief is continually supported by the fact that many vehicles used during the commission of serious crimes are stolen by the criminal just before commission of the crime.

The CHP, along with most law enforcement agencies, provides specialized pursuit training to their officers. CHP officers receive classroom and high-speed driving training. The classroom discussion includes moral and legal responsibilities pertaining to pursuits and the inherent dangers. During the high-speed driving portion of their training, officers are closely monitored and must meet stringent requirements to successfully complete the course. Throughout both phases of the training, the officers are repeatedly reminded to exercise sound professional judgment when initiating or discontinuing a pursuit because they are held strictly accountable for their actions.

CHP officers are encouraged to discontinue pursuits under certain circumstances. The officer must consider and evaluate all critical factors as a pursuit proceeds. For example, if the officer recognizes the person being pursued and can identify the person at a later date, the pursuit may be terminated. Additionally, a CHP supervisor is required to respond, when possible, and assume control of every CHP pursuit. The supervisor becomes responsible for determining whether to continue the pursuit.

The state Legislature recognized the need for legislation pertaining to pursuits and made it unlawful to use a vehicle to willfully flee or attempt to elude a peace officer. Another law makes the person who attempts to flee responsible for injuries or deaths when the pursuit causes those injuries or deaths. In passing these laws, the Legislature acknowledged that pursuits will occur and places the liability for them on the person who flees.

Unfortunately, these laws will not prevent injury or death to innocent parties, but neither would a policy banning pursuits. The CHP enforces all laws regulating the operation of vehicles and the use of the highways. That includes the responsibility for taking appropriate enforcement action on every observed violation.

A policy prohibiting CHP officers from pursuing violators would be contrary to the state mandate given the CHP. Restrictive pursuit policies for police agencies would only encourage the willful and wanton disregard for traffic safety laws and result in even greater injuries or loss of life to innocent citizens.