Motor Vehicle Pursuits (Policy Procedures)
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Policy & Procedures No. 1.04
Subject:
Motor Vehicle Pursuits
Issuing Authority: Effective Date: Review Date:
Chief of Police 01/01/13 09/29/2023
References:
Applicable Case Law
Review
Revision 12/13/16
Reissued 02/11/18
Dates: 1/13/19
5/09/2020
CALEA STANDARDS: 41.2.2 41.2.3 POST STANDARDS: UOF-07
GENERAL CONSIDERATIONS AND GUIDELINES
Vehicular pursuits are necessary to effectuate the enforcement of criminal and motor vehicle
laws. Many of these pursuits are inherently dangerous and therefore create some risk of injury to
the pursuing officer(s), the occupants of the pursued vehicle, and the public at large.
The primary purpose of this policy is to secure a balance between the need to protect the lives of
the public and the occupants of the pursued vehicle and the obligation of police officers to
enforce laws and apprehend violators. This policy also recognizes that vehicular pursuits do not
automatically occur when officers activate their emergency warning equipment in an attempt to
effectuate a lawful motor vehicle stop. Motorists occasionally may not immediately see or hear
an officer's emergency warning equipment or may not realize that they are the target of the
officers' efforts. Officers may be required to follow a motorist with emergency warning
equipment activated for a significant distance before that motorist actually stops the vehicle.
Consequently, an officer's lawful attempt to stop a motorist is not considered a vehicular pursuit
subject to the requirements and restrictions of this policy unless and until such time as the officer
reasonably believes that the motorist is intentionally ignoring the officer or actively attempting to
elude the officer.
Since numerous unique situations arise in law enforcement, it is impossible for this policy to
anticipate all possible vehicular pursuit circumstances. Therefore, in unusual situations an
officer should use common sense and consult with a supervisor whenever possible. 41.2.2
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POLICY
I. An officer may, within the posted speed, engage in a pursuit of any motor vehicle
operating in conformance with posted speed limit and other traffic laws, under any
circumstance justifying a lawful motor vehicle stop.
II. No officer shall engage in a vehicular pursuit that requires the officer to exceed the
posted or applicable speed limit or that involves a target vehicle operating in violation of
the posted or applicable speed limit or other traffic laws unless the officer reasonably
believes: 41.2.2 (5)
A. That the continued operation of the vehicle the officer intends to stop poses a risk
of physical harm to the officer, the public, or others
B. That the occupants of the vehicle the officer intends to stop pose(s) a risk of
physical harm to the public or others
III. No officer shall initiate or continue a pursuit on a divided highway opposite the direction
of the flow of vehicular traffic.
IV. Unless authorized by a supervisor, no officer (other than the officers in the primary and
secondary units) shall engage in the main pursuit or pursue on parallel streets.
V. No officer shall participate in a pursuit with a civilian present in the authorized police
vehicle.
VI. No officer operating a motorcycle will participate in a vehicular pursuit. 41.2.2 (5C)
VII. No officer shall participate in a pursuit of a motorcycle for traffic violations if the officer
knows the motorcycle's registration number or the identity of the operator.
VIII. No officer shall participate in a pursuit while in their personally owned vehicle. 41.2.2
(5D)
DEFINITIONS
I. Authorized Police Vehicle: A police department issued motor vehicle equipped with
operable emergency warning equipment.
II. Primary Unit: An authorized police vehicle that is the first vehicle behind the pursued
vehicle.
III. Secondary Unit: An authorized police vehicle that is actively involved in the pursuit
behind the primary unit as backup.
IV. Supervisor: The officer-in-charge or other person-in-charge.
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V. Vehicular Pursuit: An active attempt by an officer in an authorized police vehicle, with
emergency warning equipment activated, to apprehend one or more occupants of another
moving vehicle, when the officer reasonably believes that the driver of the other moving
vehicle is resisting apprehension by increasing the vehicle's speed, intentionally ignoring
the officer, or otherwise attempting to elude the officer.
PROCEDURE
I. PURSUIT DECISIONS: For an officer to be authorized to engage in a vehicular pursuit
requiring or involving the violation of the posted speed limit or other traffic laws, the
officer should consider the following factors when practicable: 41.2.2 (2)
THE RISK TO PUBLIC SAFETY VS. THE FORESEEABLE RISK
IN THE ABSENCE OF PURSUIT TO PUBLIC SAFETY ARISING
FROM THE PURSUIT
Severity of crime/offense believed to have Population density
been committed by one or more occupants
of the pursued vehicle
The nature and degree of the threat to Nature of the area (residential, commercial,
public safety should the vehicle not be school zone, and the volume type, speed,
stopped and direction of the vehicular traffic)
Alternatives to the pursuit Officers familiarity with the area
Whether the identities of the occupants are Road and weather conditions
known to the point where later
apprehension is possible and applicable
. Time of day and speeds involved
Driving skills of the officer and the
performance capabilities of the pursuit
vehicle and the vehicle being pursued
Operational status of emergency warning
equipment
Quality of radio communications
The presence of other persons in the
pursued vehicle.
II. PURSUIT OPERATIONS:
A. Upon engaging in a pursuit, the primary unit and, if involved, secondary unit shall
activate emergency warning equipment. 41.2.2 (3)
B. The primary unit shall notify the dispatch of the location, direction and nature of
the pursuit, the description of the pursued vehicle, the reason for the pursuit and if
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practicable, the estimated speeds of the vehicles involved. The officer should
keep the dispatcher updated on the pursuit at regular intervals, all communications
are to go through Canton Control via the radio, no cellular communications are
permitted. When an officer leaves the Town of Canton and it is safe to do so,
officers should switch to the Boston Area Police Emergency Radio Network
(BAPERN) channel to allow for interoperability and effective communication
with the jurisdiction in which you are entering. 41.2.2 (3)
C. When engaged in a pursuit, officers shall exercise due care for the safety of the
public and shall comply with all of the provisions of G.L. c. 89, s. 7B (Operation
of Emergency Vehicles), as follows:
1. The driver of any police department vehicle shall be subject to the
provisions of any statute, rule, regulation, ordinance or bylaw relating to
the operation or parking of vehicles, including stopping for a school bus
with red lights flashing which has stopped to allow passengers to alight or
board, except:
a. The driver may exceed the speed limit if he/she exercises caution
and due regard under the circumstances for the safety of persons
and property; and
b. The driver may drive through an intersection contrary to traffic
signs or signals if he/she first brings the vehicle to a full stop and
then proceeds with caution and due regard for the safety of persons
and property.
D. An authorized unmarked police vehicle shall relinquish primary unit status
immediately upon becoming aware of the participation of an authorized marked
police vehicle. 41.2.2 (5B)
III. RESPONSIBILITIES OF THE SHIFT SUPERVISOR: 41.2.2 (7)
A. Upon becoming aware of the pursuit, the Shift Supervisor (SS) shall evaluate the
totality of the circumstances and decide, as quickly as possible, whether or not the
pursuit should continue pursuant to the criteria of this policy.
B. If the SS concludes that a pursuit should continue, (s)he shall monitor incoming
information and coordinate activities as needed to ensure that proper procedures
are followed.
C. A SS may authorize officers (in authorized police vehicles) in addition to the
primary and secondary units, to engage in the pursuit and/or a parallel pursuit, in
exceptional circumstances or if the SS reasonably believes that there is a
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substantial likelihood of serious physical injury or death should additional officers
not participate.
D. The Shift Supervisor shall continually reevaluate the need to continue the pursuit.
E. If mobile, move into a tactically advantageous position to assist with and/or
supervise the stop;
F. Maintain tight control on the desire of other officers to get involved in the pursuit;
G. The Shift Supervisor is vested with the authority to terminate the pursuit, at any
time, especially when (s)he believes that the foreseeable risks to the pursuing
officers and to the public, arising from the continued pursuit, are greater than the
foreseeable threat to public safety should the pursued vehicle be allowed to
escape. 41.2.2 (7)
H. The Shift Supervisor may authorize the resumption of a pursuit when (s)he
believes that circumstances have changed, thereby warranting the resumption of
the pursuit in accordance with the criteria of this policy.
I. When feasible and authorized, a supervisor should respond to the location where a
vehicle has been stopped following a pursuit.
IV. THE RESPONSIBILITIES AND LIMITATIONS OF THE PRIMARY AND
SECONDARY UNITS:
A. Primary Unit 41.2.2 (3)
1. Subject to the direction of a Shift Supervisor, the officer operating the
primary unit (marked or unmarked unit) is vested with the authority to
decide and direct the pursuit actions. 41.2.2 (5A)
2. The officer operating the primary unit shall continually reevaluate and
assess the pursuit. The officer shall terminate the pursuit, even in the
absence of an order to terminate by a supervisor, when that officer
reasonably believes that the foreseeable risks to the officer, the public or
others arising from a continued pursuit is greater than the threat to public
safety should the pursued vehicle be allowed to escape. 41.2.2 (8)
3. Upon receipt of a notice to terminate the pursuit from a supervisor, the
primary unit shall discontinue the pursuit.
4. The pursuing officer shall notify the dispatcher when it is likely that a
pursuit will continue into a neighboring jurisdiction.
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B. Secondary Unit 41.2.2 (4)
1. Once the pursuit is engaged, the secondary unit shall maintain a safe distance
behind the primary unit, but should remain close enough to provide aid and
assume radio communications if and when necessary.
2. Upon receipt of a notice to terminate the pursuit from the primary unit and/or
a supervisor, the secondary unit shall discontinue the pursuit.
3. Do not “caravan” the pursuit—no more than two Canton Police units may
actively pursue without specific orders from the Shift Supervisor or the OIC.
4. Adhere to all requirements of MGL C. 89 s 7B and applicable case law during
the pursuit.
C. Termination of Pursuits: Officers shall terminate pursuit: 41.2.2 (8)
1. The offense is for motor vehicle violations, a misdemeanor, or a non-
violent felony or when the operator becomes known to the pursuing
officer(s);
2. When it becomes evident to the officer(s) involved in the pursuit that the
risks to life and property outweigh the benefit derived from the
apprehension of the occupant(s) or continued pursuit;
3. Once it is determined by the pursuing officer(s) that the pursuit cannot
result in apprehension;
4. When the Shift Supervisor or OIC orders the pursuit to be terminated;
41.2.2 (9)
5. When there is equipment failure involving an emergency signaling device,
radio, brakes, steering, or other essential mechanical equipment.
VI. RESPONSIBILITIES OF DISPATCHERS: 41.2.2 (6)
Upon being informed of a pursuit in progress, the dispatcher shall:
A. Immediately inform the Shift Supervisor;
B. Receive and record all incoming information on the pursued vehicle.
C. Remind units to refrain from using cellular phone devices and to switch to the
appropriate Boston Area Emergency Response Network when leaving the Town
of Canton.
D. Advise all other units that a pursuit is in progress, providing all relevant
information;
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E. Perform relevant record and motor vehicle checks as expeditiously as possible;
F. Coordinate assistance of other officers under the direction of the Shift Supervisor;
G. Notify affected law enforcement agencies over appropriate communications
systems and seek their assistance if the pursuit is proceeding into another
jurisdiction; and
H. Notify all affected agencies when a pursuit has been terminated or if apprehension
has been made.
VI. INTERVENTION TACTICS: 41.2.3
A. Tire Deflation Devices: These devices produce a slow controlled deflation of the
pursed vehicles tires which will not cause the vehicle to lose control. Tire
deflation devices (TDD) will NOT be used by members of the Canton Police
Department. (3A)
B. Heading Off: An active attempt to terminate a pursuit by the primary unit pulling
ahead of the pursued vehicle in a manner to force the pursued vehicle to come to a
stop or risk collision with the primary unit. Vehicles being pursued shall not be
passed or overtaken by the police unit as the maneuver is tactically ill-advised and
often precipitates aggressive maneuvering by the suspect vehicle. (1A)
C. Boxing-In: An active attempt to terminate a pursuit by surrounding the pursued
vehicle with the primary, secondary, or other units which are then slowed to a
stop. This tactic will not be used as our department has not received training. If
training is provided then Boxing-in may be utilized only when there is a
determination that the pursued vehicle must be immediately stopped because the
driver and/or occupants of the vehicle pose a clear and immediate threat of death
or serious physical injury to the public and/or other occupants of the pursued
vehicle. This tactic may be utilized only when authorized by a supervisor and it is
reasonable to believe that allowing the vehicle to escape will not reduce the
perceived risk of death or serious physical injury to the public and/or the
occupants of the pursued vehicle. (1A)
D. Roadblocks: An active attempt to terminate a pursuit through the use of a
restriction or obstruction in the roadway that is intended to prevent free passage of
motor vehicles on a roadway. The department shall not utilize roadblocks. (2A)
E. Vehicle Contact Action: Vehicle contact action is an active attempt by the
primary unit and/or other pursuit vehicles to terminate a pursuit through the use of
deliberate contact between the moving police vehicle and the moving pursued
vehicle. Deliberate contact between a pursued vehicle and a police vehicle is
prohibited. (1A)
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VII. USE OF FIREARMS DURING PURSUITS:
A. Officers shall not discharge a firearm from within a moving vehicle.
B. Officers shall not discharge any firearm into or at a moving vehicle unless, based
on the totality of the circumstances, such discharge is necessary to prevent
imminent harm to a person and the discharge is proportionate to the threat of
imminent harm to a person. UOF-07
C. Firing strictly to disable a vehicle is prohibited.
D. In every incident, the officer should take into account the location of the vehicular
and pedestrian traffic and the potential hazard to innocent persons and hostages.
E. Firearms shall not be utilized when the circumstances do not provide a high
probability of striking the intended target, or when there is substantial risk to the
safety of other persons, including risks associated with vehicle accidents.
F. In all cases, reasonable precaution will be taken to ensure the safety of the public.
VIII. OPERATION ON LIMITED ACCESS WAYS:
A. Officers shall not pursue suspects the wrong way on a one-way street or limited
access highway or their associated exit or entrance ramps.
B. In the event that a vehicle being pursued enters a limited access highway or street
the wrong way, the pursuit vehicles should consider the following options:
1. Attempting to parallel the suspect vehicle on the proper side of the street
2. Directing other units to observe and intercept the vehicle at various on or
off ramps available to the suspect vehicle
IX. PURSUIT WITH UNMARKED POLICE VEHICLES: 41.2.2 (5B)
A. Officers in unmarked police vehicles may initiate a pursuit if the vehicle is
equipped by the department with audible and visual warning devices that are in
good working condition, when they have reasonable cause to believe the suspects
may be pursued according to the standards outlined in this policy.
B. Operators of unmarked police vehicles will relinquish the pursuit when a marked
cruiser is in position to conduct the pursuit. 41.2.2 (5A)
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X. INTERJURISDICTIONAL PURSUITS: 41.2.2 (10)
A. Pursuit may continue into another jurisdiction when done in conformance with
applicable Massachusetts General Laws, department policies, and inter-
jurisdictional agreements.
1. Outside the Commonwealth: On fresh and continued pursuit, a police
officer may pursue and arrest a person who has committed a felony into any
neighboring state. This should be done with the police department having
jurisdiction in that area. The suspect will then be brought to the area lockup
and brought before a magistrate where a rendition hearing must be held.
2. Within the Commonwealth: A police officer may make an arrest outside
his/her jurisdiction on fresh and continued pursuit provided:
a. The offense is one for which the officer would have the right of arrest
without a warrant within his/her jurisdiction;
b. The offense was committed in the officer's presence; and
c. The offense was committed within the officer's jurisdictions
B. Officers shall not become involved in another agency's pursuit, whether it comes
into our town or requires our officers to go out of town, unless specifically
authorized by their supervisor. Officers will not be authorized to assist in the
pursuit when the pursuit itself is based on factors that would not allow our officers
to initiate the pursuit in the first place. The outside agency should be advised
accordingly. 42.2.2 (11)
C. When this department has initiated a pursuit, timely notification of a pursuit in
progress shall be provided to any other jurisdiction into which the pursuit enters.
Merely notifying another jurisdiction that a pursuit is in progress is not a request
to join the pursuit. The dispatcher after receiving instructions from the Shift
Supervisor shall advise if assistance is necessary. Whenever the pursuing officers
are unfamiliar with the roadways and terrain of the jurisdiction into which the
pursuit has entered, or whenever radio communication is lost, the pursuing
officers shall, when possible, seek the assistance of, and be prepared to relinquish
the pursuit to, the other agency.
XI. TERMINATION OF A PURSUIT: 41.2.2 (8)
A. Termination:
1. When a decision is made to terminate a pursuit, the primary and secondary
units shall immediately reduce their speeds to within the posted speed limits
and shall deactivate their emergency warning equipment.
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2. It is recognized that upon terminating a pursuit, the pursuing units are not
required to bring their vehicles to a stop and/or head in the opposite direction
of the former target vehicle. The primary and secondary units may continue
to operate their vehicles in the same direction as the previously pursued
vehicle, so long as they maintain a safe distance.
B. Resumption of a Terminated Pursuit: Once a pursuit has been terminated, the
primary, secondary, and other units aware of the pursuit may not reengage the
pursuit without authorization from a supervisor.
XII. AFTER ACTION REPORTING:
A. Whenever an officer engages in a pursuit even if it was called off, (s)he shall file
a written offense report in addition to a department motor vehicle pursuit form
detailing the circumstances. All involved officers, including the desk officer and
the supervisor, shall file the appropriate supplemental report as well. 41.2.2 (12);
B. A Supervisor, not involved in the pursuit, shall be responsible for gathering the
individual reports and drafting a full report and investigation of the pursuit. This
includes gathering all of the appropriate data, including dispatch recordings,
photographs, and any video footage of the pursuit. 41.2.2 (13)
C. These reports shall be evaluated and reviewed by a superior officer to assure that the
incident is properly documented and determine if there has been compliance with
departmental policies and regulations. 41.2.2 (13);
D. The Chief or his designee shall conduct an annual documented analysis of all pursuit
reports to include: 41.2.2 (14)
• Review of Policy (14A)
• Review of Reporting Procedure (14B)
• Identify any improvements in the pursuit procedure.
An Administrative review of incidents involving vehicle pursuits may reveal patterns or
trends that indicate training needs and/or policy modifications.
All reports, including incident report, report review summary and annual analysis will be
kept in a file in the Administrative Lieutenant’s office. 41.2.2;
E. The MIS officer shall maintain for three years the original or a copy of the radio
transmission recordings of pursuits involving personal injury or death.
XIII. DRIVING PRACTICES DURING A HIGH-SPEED PURSUIT: The following
driving practices should be adhered to whenever any member of this department becomes
engaged in a high-speed motor vehicle pursuit:
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A. Seat belts shall remain fastened
B. Both hands should be kept on the steering wheel whenever possible
C. Tires should be kept away from the edges or shoulders of the road, and the cruiser
should stay within its' lane.
D. The cruiser should slow down when going into a curve or while cornering.
Officers should anticipate a decrease in the cruiser's braking ability during a
pursuit involving repeated cornering.
E. The police vehicle should be kept at such a distance from the pursued vehicle that
a sudden stop of that vehicle should not result in a collision or accident.
F. If it is necessary to enter an intersection contrary to a traffic signal or posted sign,
the operator of the police vehicle should bring the cruiser to a stop, in compliance
with MGL C.89s.7B, and proceed only when certain that the way is clear.
XIV. VEHICLE STOPS RESULTING FROM PURSUITS:
A. If the pursued vehicle is stopped:
1. Both vehicles should be parked as far to the right as possible and
out of the path of moving vehicles;
2. The cruiser should be to the rear of the suspect's vehicle and slightly to its left to
provide a safety corridor against passing traffic;
3. The emergency police lights shall remain on;
4. In the nighttime, all available lights should be used to illuminate the stopped
vehicle; and
5. The driver of the suspect vehicle may be ordered to turn the engine off and
throw the keys outside the driver's door
B. When the officer leaves the cruiser, he/she should:
1. Carefully watch all occupants for unusual movements or change of position;
2. Position him/herself to ensure that all occupants are clearly visible
C. If the vehicle has been stopped for a serious felony or there is reason to expect the
occupants are armed, the officer should:
1. Draw his/her weapon in readiness to defend him/herself;
2. Instruct that the motor vehicle be turned off and the keys dropped to the ground;
3. Instruct all occupants to keep their hands in plain view on top of their heads or
out the windows;
4. AWAIT ASSISTANCE
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