In 2020, Minnesota law enforcement agencies engaged in 3,109 pursuits across the state. This is a 310% increase in the number of pursuits that occurred in 2012, when police engaged in a total of 759.
Police high-speed pursuits require officers to make rapid decisions that can place an officer and the public at risk. There are many considerations to prepare for when a police pursuit occurs that include: an agency’s pursuit policy, whether to continue or terminate a pursuit, supervisor responsibilities, police tactics, pursuit intervention techniques, and situational-based training that could improve the officer and community safety and reduce your agency’s potential liabilities.
Risk of police vehicle pursuits and policy considerations
Most police policies, including Minnesota’s police pursuit model policy, agree that there is a balancing test between evaluating the need to immediately apprehend the suspect and the risks created by the pursuit. At the same time, we know that that pursuits and emergency response include both psychological and physiological dynamics that may affect an officer’s judgment, perception, and decision-making.
Recently, there have been several Minnesota police pursuits that have ended in deaths, one of which resulted in criminal charges being filed against the involved officer. In 2020 alone, there were 10 fatalities, including four drivers, three passengers, two uninvolved persons, and one police officer. This has led many agencies to ask, “Are police pursuits worth the risk?”
Once a pursuit has begun, it is very difficult to control the factors that may lead to an injury or death. What can be controlled is the initiation of a pursuit, which indirectly affects the rate of injury and death. In 2020, approximately 8% of the state’s police pursuits were initiated because of a felony offense, and 55% were initiated because of a DWI or a traffic offense. Although many people believe that pursuits are the cause of unnecessary tragedy, there remains a time and a place for pursuits – when the need for an apprehension exceeds the risks created by the pursuit.
While potential liability from high-speed pursuit is significant, the law provides protection when agencies:
- Have made their best efforts to draft and implement specific pursuit directives.
- Adequately train officers in the policy and techniques of pursuit driving.
- Closely supervise, review, and evaluate the implementation of pursuit policies.
But the most important reason for effective pursuit policies is not minimization of liability. It is to protect life and property, which is and always will be our basic police duty.
Many law enforcement agencies, including some prosecuting attorneys, have suggested that police pursuit policies be changed because they are inadequate and do not do enough to protect human life. Some agencies now reserve police pursuits for only the most serious crimes and cases that involve violent felony offenses. Some agencies have also added additional language within their policies that address the justification of a pursuit, the speed of a pursuit, and other factors to consider such as the weather and road conditions, the approach to intersections, and the reasons for terminating a pursuit.
Foot pursuits carry their own risks
Some law enforcement agencies have also adopted a foot pursuit policy that addresses a number of important safety issues, responsibilities, and alternatives to consider by the pursuing officer and supervisor. Researchers, including the League of Minnesota Cities Insurance Trust, have found that foot pursuits are among the enforcement activities that result in the most injuries to officers. Researchers have also found that foot pursuits result in an alarmingly high percentage of officer use-of-force incidents, including officer-involved shootings.
POST committee to review model pursuit policy
The Minnesota Board of Peace Officer Standards and Training (POST) has recently formed a special committee with various law enforcement industry groups that will review and, as deemed necessary, consider changes to the model pursuit policy as required in Minn. Stat. §626.8458 (which was last updated in 2011). It is important that all officers demonstrate the knowledge and skill needed to reduce both criminal and civil liability when involved in emergency and non-emergency vehicle operations. All peace officers not declared exempt on the police pursuit training exemption form must complete an eight-hour course every five years based on the in-service training in emergency vehicle operations and police pursuits learning objectives.
Learn more about limiting risk
The League of Minnesota Cities has scheduled the 2022 Safety and Loss Control Workshops at various dates and locations in March and April of 2022. As part of this year’s workshops, a session will be held covering the liability of police pursuits and emergency vehicle operation. This will include a discussion by League attorneys on the legal defenses of police pursuits and what your agency can do to limit the risks and potential liabilities of police pursuits.
If you have any questions or comments, you may contact me at tstille@lmc.org or give me a phone call at (651) 215-4051.
Remember: Responder Safety = Public Safety
In the meantime, stay safe and be careful -
Tracy
