Minn. Stat. § 626.5532 Subd. 1 requires Minnesota law enforcement agencies to report instances where a peace officer pursues a fleeing subject in a motor vehicle being operated in violation of Minn. Stat. § 609.487. This data must be reported on the pursuit reporting form to the commissioner of public safety within 30 days of the incident.
Updated Model Policy Available on POST Board Website
Law enforcement in the United States is experiencing immense change through various police reform practices and policies. Correspondingly, it is important to learn the legal concepts related to police pursuits and emergency vehicle operations of police vehicles. The League of Minnesota Cities has a model policy that covers emergency vehicle operation, and the Minnesota POST Board, per Minn. Stat. § 626.8458, approved an updated vehicle pursuits model policy on Jan. 25, 2024. The Minnesota POST Board requires all law enforcement agencies to update and align their vehicle pursuit and emergency vehicles operation policy with the model policy and to “adopt, implement, and enforce” the required policy per Minnesota Administrative Rule 6700.1615, Subd. 1(A).
Per Subp. 2 of this new administrative rule, the chief law enforcement officer must ensure the current version of each required policy is:
- Posted on the agency’s website (or in a public area of the physical premises for agencies without a website)
- Provided upon request to an individual or organization
- Provided to each peace officer employed by the agency
- Reviewed at least annually with each officer
- Enforced at all levels of the agency; and
- Violations of a required policy are reported to the POST Board
Due to the new administrative rule and current statutory requirements, along with the potential legal liabilities of police pursuits, a law enforcement agency should consult with their legal advisor or city attorney before adopting any required policies, including the newly updated vehicle pursuit and emergency operations policy. Your agency should consult with your legal advisor to ensure that the updated policy includes the “identical or substantially similar” provisions of the board’s model policy, although your agency may incorporate additional agency-specific requirements or more stringent requirements to ensure the policy focuses on the safety of all involved, includes qualifying language specific to your agency, and appropriately identifies and describes any ministerial and discretionary duties and acts so that your officers are provided the protections under the law and your agency respects the sanctity of life when making decisions regarding vehicle pursuits.
Benchmark Analytics Research Study
The League of Minnesota Cities Insurance Trust (LMCIT) recently completed the second year of a research study that utilizes predictive analysis to identify key risk factors facing Trust member law enforcement agencies and to provide evidence-based recommendations for approaches most likely to address these risks.
Two of the identified evidence-based practices focused on how an agency manages emergency call response and police pursuits. The research shows a strong correlation to a reduction in liability claims for agencies that have an emergency vehicle operations policy for responding to incidents such as medicals, crimes in progress, and fire calls. Additionally, the research shows a strong correlation to both a reduction in liability claims and workers’ compensation claims for agencies that adopted a restrictive vehicle pursuit policy.
The League Has Resources and Training to Help
The League has resources to assist you with your policy development for police pursuits and emergency vehicle operations (these resources supplement the model policy provided by the Minnesota POST Board):
- Vehicular Pursuits, A Guide for Law Enforcement Executives on Managing the Associated Risks, Police Executive Research Forum, U.S. Department of Justice, Office of Community Oriented Policing Services (2023)
- Vehicular Pursuits, International Association of Chiefs of Police (2019)
- Discretionary Response to Calls for Service, International Association of Chiefs of Police (2023)
- Law Enforcement Emergency Vehicle Operations, League of Minnesota Cities (2023)
- Liability Issues in Emergency Vehicle and Pursuit Operations, Memorandum of Law, League of Minnesota Cities - PATROL (2022)
- This memo can be found by logging into your PATROL account. If you would like a copy but do not have a PATROL account, please contact me at tstille@lmc.org
- New POST Model Pursuit Policy, PATROL Special Update (2024)
- This memo can be found by logging into your PATROL account. If you would like a copy but do not have a PATROL account, please contact me at tstille@lmc.org
- Analyzing, Predicting, and Mitigating Law Enforcement Risks to Improve Member Outcomes, League of Minnesota Cities in partnership with Benchmark Analytics (2024)
- This report is not currently available online, but contact me at tstille@lmc.org if you would like a copy.
The League and our partners at Benchmark Analytics will share additional findings of the multi-year research analysis with LMCIT member agencies at the upcoming 2024 Loss Control Workshops held at nine locations across the state this spring. Learn how top-performing agencies reduce incidents, officer injuries, and staff turnover and how your agency could significantly reduce your injury and liability claims.
If you have any specific comments or questions or any difficulty obtaining the resources mentioned above, you may contact me at tstille@lmc.org or (651) 215-4051.
Remember: Responder Safety = Public Safety
In the meantime, stay safe!
Tracy
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