G9.2.2 Pursuit of Motor Vehicles
Chapter: Chapter 09: Patrol Services
Sub-Chapter: 9.2 - Special Circumstances
Effective Date: 12/05/2015
Revised Date: 12/27/2022
Purpose
To provide Indiana University Police Department’s (IUPD) position on vehicular pursuits and to establish guidelines that comply with the minimum standards set by the Indiana Law Enforcement Training Board for officer and supervisor decision-making regarding vehicular pursuits.
General Order
Indiana University Police Department officers will only initiate a vehicular pursuit while operating an authorized emergency vehicle, and only if the officer has probable cause to believe an occupant has committed a serious violent felony. Officers will not pursue for misdemeanors or infraction violations. Fleeing a police officer is not considered a serious violent felony. Officers must balance the necessity for the pursuit and the apprehension of a suspect against the possibility of injury or death to those engaged as well as innocent bystanders. Officers will operate an authorized emergency vehicle in a safe, lawful and prudent manner regardless of the officer’s duty status. No officer will fail to use due regard while operating or using an authorized emergency vehicle.
Definitions
Assisting – The following will constitute assisting in a vehicular pursuit:
- Any officer who clears, secures, or blocks an intersection during a pursuit.
- Any supervisor who assumes or should have assumed supervisory responsibility for a pursuit.
- Any communication operator who handles or should have handled radio or telephone communication related to the pursuit.
This definition does not include when an officer, who is already at a location when a pursuit approaches, activates their emergency lights and/or utilizes the public address equipment in their vehicle to warn the community of an approaching dangerous situation.
Authorized Emergency Vehicles – Vehicles operated by the IUPD that are designated and used as an authorized emergency vehicle in accordance with IC 9-21-20 and IC 9-13-2-6 and are properly equipped with red and blue signal lamps and/or a siren, whistle or bell as required/permitted by IC 9-19.
Caravanning – Direct participation in, or following of, a pursuit by department vehicles other than the primary and authorized secondary units.
Emergency Driving – In compliance with IC 9-21-1-8, the person who drives an authorized emergency vehicle when the vehicle is using audible or visual signals, as required by law and who is responding to an emergency call or fire, or who is in the pursuit of an actual or suspected violator of the law.
Engaged – An officer or supervisor who is operating as the primary unit as described below in (9.2.2 b) or secondary unit as described below in (9.2.2 c) or as an additional unit actively pursuing a vehicle in another agency’s pursuit is considered to be engaged in a vehicular pursuit.
Lawful Intervention Technique – A method by which law enforcement officers, including pursuing authorized emergency vehicles, cause, or attempt to cause, a fleeing motor vehicle to stop (see IC 9-21-1-0.5). This term includes a precision immobilization technique (PIT) maneuver.
PIT (Precision Immobilization Technique) – A technique used by a trained law enforcement officer operating an authorized emergency vehicle to make contact at controlled speeds with the violator vehicle being pursued in order to push the rear of the violator vehicle to the point it spins causing the violator vehicle to stop. This technique is prohibited by the IUPD.
Primary Officer – The officer(s) in the lead police vehicle during a pursuit.
Pursuit (Vehicle) – Pursuing or following a person who knowingly or intentionally flees from a law enforcement officer after an officer has been identified, by visible or audible means and ordered the person to stop with intent to detain, apprehend or arrest. This also includes any officer who is trailing the pursuit or attempting to enter the pursuit regardless of proximity to it.
Serious Violent Felonies – Officers who have probable cause that an occupant of a vehicle has committed one of these offenses which is in progress or has just occurred, or there is an imminent threat of serious bodily injury, may use that probable cause as justification to initiate a vehicular pursuit.
- Murder or Attempted Murder (IC 35-42-1-1), including an active warrant for murder or attempted murder
- Voluntary Manslaughter (IC 35-42-1-3)
- Reckless Homicide (IC 35-42-1-5)
- Aggravated Battery with Serious Bodily Injury (IC 35-42-2-1.5)
- Kidnapping (IC 35-42-3-2)
- Rape (IC 35-42-4-1)
- Robbery while Armed with a Deadly Weapon (IC 35-42-5-1)
Special Purpose Vehicle – Any department vehicle that is not regularly assigned to the Patrol Section for the purpose of conducting routine patrol.
Termination of Pursuit – When an involved officer either voluntarily stops pursuing a vehicle or is ordered to stop pursuing a vehicle. This includes immediately deactivating emergency equipment, immediately resuming non-emergency driving by adhering to all traffic laws and turning away from the offending vehicle as soon as practical.
Trail or Trailing – The following of a pursuit at any distance, to include paralleling, intercepting, or shadowing a pursuit. Trailing is considered part of the pursuit, regardless of the proximity to the pursuit. Paralleling is defined as when officers, not directly involved in a pursuit or a failed to yield situation, are traveling in the same direction or on an intercept course with the intent to be in a position to assist. Shadowing is defined as the following of a pursuit at any distance while not engaged in the pursuit.
Unmarked Vehicles – Any department vehicle, regardless of emergency equipment, that is not clearly marked as a police vehicle on the exterior of the vehicle.
Evaluation of Circumstances (9.2.2 a)
Prior to initiating any pursuit, the officer must be aware of and evaluate possible factors that would prohibit the pursuit. Officers initiating, becoming involved with, or continuing a vehicular pursuit will consider the following, with consideration for the risk to public safety as the primary concern:
- The seriousness of the offense.
- Imminent danger to the public based on the totality of the circumstances.
- The risk of injury or death because of the pursuit.
- The potential danger if the offender is not apprehended immediately.
- The possibility of apprehension.
- Whether the suspect is known, or their destination known, making later apprehension possible.
- Volume of vehicular traffic.
- Pedestrian traffic conditions.
- Weather and road conditions.
- Availability of assistance.
- Barriers to hearing and/or vision.
- Barriers to officer communications and safety.
- Time of day.
- Vehicular speeds engaged.
- Length of pursuit.
- Location of pursuit and officer’s familiarity with the surroundings.
- Population density
The decision to initiate a pursuit must be based on the pursuing officer’s conclusion, with the probable cause being a serious violent felony as outlined by this policy has occurred, and that the immediate danger to the officer and public created by the pursuit is less than the immediate potential danger to the public should the suspect remain at large. Officers should use the IUPD Critical Decision-Making model to assess if pursuing the offender outweighs the danger the pursuit may cause to the public and other officers. A pursuit will not begin, nor will it continue, when the need for immediate apprehension is very low and the totality of risk to public safety is very high.
Unless there is immediate or potential danger of death or serious bodily injury should the suspect(s) remain at large, a pursuit will not be undertaken if the subject(s) can be identified with enough certainty that they can be apprehended at a later time.
Officers attempting to stop a violator outside the approved list of serious violent felony offenses in this policy, regardless of probable cause, shall immediately terminate and abandon the traffic stop if the violator fails to stop. Failing to stop by a violator is not justification to continue while an officer consults supervision. If an officer does not have probable cause for any of the serious violent felonies outlined in this policy, there shall be no reason to engage in a pursuit of any length/duration.
An officer will not initiate or become engaged in any vehicular pursuit while providing transportation for any person, other than law enforcement officers.
Responsibilities During Vehicular Pursuits
Upon engaging in a pursuit and during the pursuit, the pursuing police vehicle(s) will activate and maintain operation of emergency lights and siren. Any vehicle engaged in a vehicular pursuit whose emergency lights or siren fail will discontinue the pursuit.
Officers engaged in a pursuit will use occupant safety restraint devices as set forth by Indiana Code 9-19-10-2.
Officers engaged in a pursuit who are equipped with a Body Worn Camera and/or are in a vehicle equipped with an In Car Video System will ensure the system(s) are activated and recording pursuant to G9.1.7 Use of Audio/Video Recorders.
In compliance with IC 9-21-1-8, the person who drives an authorized emergency vehicle when the vehicle is using audible or visual signals, as required by law in the pursuit of an actual or suspected violator of the law, may:
- Park or stand, notwithstanding other provisions of IC 9-21;
- Proceed past a red or stop signal/stop sign, after slowing down as necessary for safe operation;
- Exceed the maximum speed limits if the operator does not endanger life or property; or
- Disregard regulations governing direction of movement or turning in specified directions.
The foregoing privileges do not relieve the person who drives an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons nor will such privileges protect the person who drives an authorized emergency vehicle from the consequences of the person’s reckless disregard for the safety of others.
Personnel will use due regard in all emergency/pursuit driving situations, as dictated by: roadway conditions; density of vehicular and/or pedestrian traffic; visibility; terrain; limitations of emergency equipment; and other relevant circumstances.
A pursuit will consist of no more than two IUPD police vehicles, a primary and a secondary unit, unless additional units are authorized by a supervisor.
- All other personnel shall stay clear of the pursuit unless instructed to participate by a supervisor.
- Caravanning and trailing are prohibited. However, officers should monitor the progress of the pursuit and be prepared to assist if directed by a supervisor.
- The number of vehicles engaged in a pursuit may be adjusted to fit the situation with supervisory approval.
- A supervisor who has joined in the pursuit and supervises the units shall be considered an additional unit.
Officers engaged in or assisting in a pursuit have a responsibility to terminate the pursuit or their assistance in the pursuit at the direction of a supervisor.
Responsibilities of Initiating Officer (9.2.2 b)
Upon engaging in a pursuit, the initiating officer, or primary unit, will notify the communications center of:
- The initial purpose of the stop and/or the reason for the pursuit.
- Any information concerning the use of firearms, threat of force, or other unusual hazard.
- The location, direction, and speed of the pursuit.
- A description of the pursued vehicle, including license plate number, if known.
- The number, identity, and description of any known occupants.
Officers will communicate on radio talk-groups as established and agreed upon by local agencies.
The primary unit will continuously update communications on the pursuit conditions, location, weather conditions, and presence of other traffic until a secondary unit is in place.
The primary unit may become a secondary unit when the fleeing vehicle comes under air surveillance or when another unit has been assigned as the primary unit.
Responsibilities of Secondary Units (9.2.2 c)
The second officer, or secondary unit, upon engaging in the pursuit, will proceed at a safe distance from the primary unit and will perform all communications to dispatch.
An officer who intends to join the pursuit will notify the communication center of their location and intent to join the pursuit. Joining a pursuit as a secondary unit must be approved by a supervisor. If multiple additional units signal an intent to join, the closest unit will become the secondary unit and other units will not join the pursuit unless instructed to do so by a supervisor.
The secondary unit will become the primary unit when primary responsibility has been relinquished by the primary unit, the primary unit is unable to continue in the pursuit, or by order of the supervisor.
The IUPD does not authorize officers to parallel a pursuit, deploy tire deflation devices, conduct roadblocks, or perform lawful intervention techniques.
Responsibilities of Communications Personnel (9.2.2 d)
The public safety dispatchers initially receiving notification and information related to the pursuit will consider the following:
- Obtain, when safe and feasible to do so, the description of the suspect vehicle, suspect (if available), number of visible occupants, location, direction of travel and reason for the pursuit.
- Immediately notify the appropriate public safety answering point (PSAP) of the description and current location of the pursued vehicle, and route of travel (if known) and any additional information as needed.
- Advise other units to hold all non-emergency radio transmissions on the primary radio channel.
- Move non-engaged units to a secondary radio channel (talk-group) for continued police operations.
- Use discretion and brevity in all radio transmissions.
- Update pursuit locations as advised, notify surrounding jurisdictions, and provide them with all information available as soon as possible.
- Query vehicle registration and wanted files if available, including the registered owner of the vehicle.
- Upon termination of the pursuit and any subsequent related emergency (e.g. vehicle crashes and foot pursuits) initiate a dispatch for resumption of routine radio traffic.
Responsibilities of Supervisory Personnel (9.2.2 e)
When made aware of and during a vehicular pursuit the supervisor will assume the authority for all pursuits through radio communications and have the following responsibilities:
- Determine the reason for the pursuit and decide whether to allow the pursuit to continue or order the pursuit terminated.
- If the pursuit is allowed to continue:
- Coordinate and direct activities as needed to ensure that proper procedures are followed, and actions are consistent with this order.
- Make the decision to authorize additional units in the pursuit, including secondary unit, and requests to other agencies to assist, such as K-9 and/or air support.
- Monitor all incoming information.
- Provide on-scene assistance and direction at the conclusion of the pursuit.
- Respond to the location at which the suspect vehicle stops.
- Make proper notifications in the chain of command.
Roadblocks and Forced Stopping (9.2.2 f)
IUPD officers are prohibited from using any type of roadblock, including but not limited to:
- The circle system.
- A fixed roadblock.
- A moving roadblock.
Forced stopping tactics are considered response to resistance. Pursuant to G7.1.1 Reasonable Force officers will only apply force that is necessary and objectively reasonable to control the situation.
IUPD officers are prohibited from using the PIT maneuver.
IUPD officers are prohibited from using tire deflation devices.
In accordance with G7.1.4 Firearms and Moving Vehicles, officers are prohibited from discharging a firearm at or from a moving vehicle unless deadly force is considered necessary and objectively reasonable given the totality of the circumstances.
The intentional contact between an authorized emergency vehicle and the suspect vehicle, which may cause substantial damage and disablement to the fleeing vehicle and may cause serious injury and/or death to the suspect, is considered to be deadly force and will only be used as a last resort. Officers are prohibited from using police vehicles as a weapon except in situations where deadly force is considered necessary and objectively reasonable given the totality of the circumstances.
Officers must weigh the need to use deadly force in these situations against the potential harm to innocent bystanders that may result from the use of deadly force. Officers will only use deadly force if circumstances warrant deadly force in accordance with G7.1.2 Use of Deadly Force.
Termination of Pursuit (9.2.2 g)
Terminating a pursuit means to abandon or abort the pursuit. When a pursuit is terminated, officers will immediately deactivate all emergency equipment (lights and siren), and immediately resume non-emergency driving by adhering to all traffic laws and turn away from the offending vehicle as soon as practical. Officers will advise the public safety dispatcher of their actions taken to terminate the pursuit including when their emergency equipment has been deactivated. Officers will also advise the public safety dispatcher the location where the pursuit was terminated and the suspect’s last known location and direction of travel.
The involved officers and supervisors will continually re-evaluate and assess the pursuit situation, including all of the initiating factors, and will terminate the pursuit when the totality of the risks to the public’s safety clearly outweigh the need for immediate apprehension. Other agencies engaged in the pursuit will be advised of this decision.
The pursuit may be terminated by the primary unit at any time.
A supervisor may order the termination of a pursuit at any time.
A pursuit will be terminated if the suspect’s identity has been determined, immediate apprehension is not necessary to protect the public or officers, and apprehension later is feasible.
The pursuit will be terminated if radio communications between pursuit units and dispatch becomes limited or non-existent.
If the pursuit ends in apprehension, officers will (if possible or practicable):
- Conduct a high-risk stop and should not rush the vehicle; and
- Attempt to utilize an officer, other than the primary officer, to make the physical arrest or transport the suspect to jail.
Inter- and Intra-Jurisdictional Pursuits (9.2.2 h)
If a pursuit leaves the general contiguous area of campus, local law enforcement and the subsequent jurisdiction will be notified by IUPD public safety dispatchers as the pursuit approaches that jurisdiction and assistance will be requested.
When a pursuit enters another jurisdiction, the actions of IUPD officers will be governed by IUPD General Orders and Indiana Statute. If apprehended in another state, the suspect(s) will remain in the custody of the officer(s) of the other state until extradition is granted by the other state.
Officers will terminate the pursuit if requested to do so by a supervisor of the outside agency, whose jurisdiction the pursuit has entered, or by an IUPD supervisor.
Involvement in Pursuits of Other Agencies
Officers will not become engaged in a pursuit in which the primary unit is from another agency unless:
- The pursuit was initiated due to probable cause that an occupant of the pursued vehicle has committed a serious violent felony as defined by this general order which is in progress or has just occurred, or there is an imminent threat of serious bodily injury, and
- IUPD is specifically requested to do so, and the request is granted by a supervisor.
Officers will not become the primary vehicle in another agency’s pursuit. Supervisors may authorize one (1) IUPD officer to follow and observe another agency’s pursuit from a distance and at a safe speed for the portion of the pursuit that travels through campus. This is not considered as participating or being engaged in their pursuit. Once the pursuit leaves campus, the officer will immediately return to normal patrol.
While engaged in another agency’s pursuit, officers will still be governed by IUPD General Orders and Indiana Statute during the pursuit.
Assisting in a high risk stop after the conclusion of another agency’s pursuit is not considered as participating or being engaged in their pursuit.
Unmarked and Special Purpose Vehicles in Pursuits (9.2.2 i)
Unless there is an immediate threat of death or serious bodily injury to a person, unmarked vehicles, motorcycles, or special purpose vehicles should not become engaged in pursuits. If such a circumstance exists and the unmarked vehicle engages in pursuit, the unmarked vehicle, motorcycle, or special purpose vehicle will discontinue the pursuit upon arrival of a marked police unit or at the direction of an IUPD supervisor.
Post Pursuit Reporting & Review (9.2.2 j)
All vehicle pursuits will be fully documented in a case report and reviewed by supervisors for compliance with policy, regardless of the cause or outcome of the pursuit. If a pursuit is terminated though the implementation of a lawful intervention technique conducted by another law enforcement agency or involves injury or death, the primary officer will immediately notify the IUPD dispatch communication center and the IUPD supervisor.
The officer who initiated the pursuit will be responsible for completing a case report, a Critical Decision Making (CDM) form to include the vehicle pursuit section, and F9.2.2-1 Vehicle Pursuit Review form and submitting all paperwork to the on-duty supervisor. Any officer who was engaged in or assisted in the pursuit will be responsible for completing a supplement attached to the initiating officer’s case report.
The on-duty supervisor will be responsible for immediately reviewing the case report, supplements, pursuit review form, body worn camera and/or in-car video system recordings, computer aided dispatch records and relevant radio and telephone recordings.
The on-duty supervisor will also forward documentation for any violations of IUPD general orders, university policy, or Indiana Statute by officers not engaged in or assisting in the pursuit.
The supervisor will forward all previously mentioned documentation to the director for professional standards and education and the division chief of police.
- If the pursuit resulted in death or serious bodily injury or if any of the officers engaged are suspected of a violation of any IUPD general order, university policy or Indiana Statute, the division chief of police will reassign the officers engaged to a duty assignment that is unlikely to result in another vehicle pursuit until a review of the vehicle pursuit has been completed.
The director for professional standards and education will appoint the members of the pursuit review board within one business day of the incident.
The membership of the pursuit review board will consist of:
- One pursuit review board chair who will be at or above the rank of lieutenant.
- One patrol sergeant.
- One training coordinator.
- Two patrol officers, one of whom will be from the division where the pursuit occurred, but who was not engaged in and did not assist in the pursuit.
- The director for dispatch communications or designee.
When possible, members of the pursuit review board will be certified emergency vehicle operations instructors.
The director for professional standards and education may attend the pursuit review board meetings to answer questions or provide guidance to the board but will not participate in the creation of the board’s pursuit review report.
The director for information technology and systems may attend the pursuit review board meetings to provide technical assistance and explanation when reviewing recordings but will not participate in the creation of the board’s pursuit review report.
The pursuit review board will be charged with reviewing the actions of any employee engaged in or assisting in the pursuit for compliance with this general order and application and effectiveness of vehicle pursuit tactics taught to IUPD officers.
The pursuit review board will not make recommendations on any possible discipline for violations of this general order, university policy, or Indiana Statute.
The pursuit review board will commence a review:
- Within three business days of being appointed for incidents that do not result in death, serious bodily injury, or violation of IUPD general orders, university policy, or Indiana Statute.
- Within three business days of the conclusion of all other administrative or disciplinary proceedings for incidents that do involve death, serious bodily injury, or violation of policy.
The pursuit review board review may include:
- A review of all documentation provided to the pursuit review board.
- Interviews with all officers, supervisors engaged in or assisting in the pursuit, and public safety dispatchers who handled radio or telephone traffic associated with the pursuit.
The pursuit review board will produce a pursuit review report within ten (10) business days of commencing the review. The chair of the pursuit review board may request an extension of up to ten (10) additional business days. This request for additional time will be submitted in writing to the director for professional standards and education.
The final pursuit review report will include the following:
- Identification of areas to sustain and areas to improve.
- A statement that indicates no changes to the general order are recommended or recommendations for specific changes to the general order.
- A statement that indicates no training points emerged from the pursuit review or recommendations for specific training points.
- A statement that indicates this general order was not violated by any employee engaged or assisting in the pursuit or a list of suspected violations, by officer, of this general order.
- A statement that indicates if the director for professional standards and education should investigate suspected violations of general orders other than this general order.
The chair of the pursuit review board will forward the final pursuit review report to the director for professional standards and education and the division chief of police of the officer(s) engaged or assisting in the pursuit and the director for dispatch communications.
The director for professional standards and education will determine if:
- An internal affairs investigation must be started to address any violations of general orders.
- Training regarding the vehicle pursuit should be created or distributed.
- The written directives group should be notified if a change to any IUPD general order has been recommended.
A copy of the pursuit review report will be provided, upon request, to any employee who was engaged in or assisted with that pursuit.
Annual Administrative Review of Pursuits (9.2.2 k)
The director for professional standards and education will annually analyze police pursuit activity, and identify any modifications warranted in the pursuit procedures and/or training curriculum.
Related Information
Indiana Code
- IC 9-13-2-6 Authorized emergency vehicle
- IC 9-19 Motor Vehicle Equipment
- IC 9-19-10-2 Use of safety belt by motor vehicle occupants; safety belt standards
- IC 9-21-1-0.5 Lawful intervention technique
- IC 9-21-1-8 Emergency vehicles
- IC 9-21-20 Designation of Authorized Emergency Vehicle
Indiana Law Enforcement Training Board
- Uniform Statewide Policy on Vehicle Pursuits – Minimum Standards Effective January 1, 2023
Indiana University Police Department
- F9.2.2-1 Vehicle Pursuit Review Form