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Home My WebLink About249-13 RESOLUTIONRESOLUTION NO.249-13 A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT POLICY 41.2.9 FOOT PURSUIT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville Police Department policy 41.2.9 Foot Pursuit. PASSED and APPROVED this 17th day of December, 2013. APPROVED: ATTEST: By: haA' A SONDRA E. SMITH, City Clerk/ Troq#surwu,., =v; FAYETTEVILLE; %� •• 9 Co fe O`�! 10 ``e♦ Greg Tabor, Chief of Police Submitted By City of Fayetteville Item Review Form 2013-0203 Legistar File Number December 17, 2013 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Police Department seeks Council approval to adopt Fayetteville Police Department Policy 41.2.9, Foot Pursuit. Does this item have a cost? JNo Cost of this request Account Number Project Number Category or Project Budget Funds Used to Date $0.00 Remaining Balance Program or Project Name Program or Project Category Fund Name Budgeted Item? Budget Adjustment Attached? V20130812 Previous Ordinance or Resolution # Original Contract Number: Comments: ca II-2--,37An ? ?C'VD �Wj a �ael �ARKANSAS® CITY COUNCIL AGENDA MEMO To: Mayor Jordan and City Council From: Greg Tabor, Chief of PoliceCz�,T 6F Date: Wednesday, November 26, 2013 Subject: Police Department Policy PROPOSAL: THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Staff seeks Council approval to adopt Fayetteville Police Department Policy 41.2.9, Foot Pursuit RECOMMENDATION: Council approves resolution adopting Fayetteville Police Department Policy 41.2.9, Foot Pursuit. BUDGET IMPACT: None BACKGROUND AND DISCUSSION: The police department brings forward this new policy to give overall direction and guidance to officers when engaging in foot pursuits. RESOLUTION NO. A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT POLICY 41.2.9 FOOT PURSUIT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville Police Department policy 41.2.9 Foot Pursuit. PASSED and APPROVED this 17th day of December, 2013. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.2.9 Foot Pursuit EffectiveDate: Reference: 41.1.1, 41.2.8 Version: 1 CALEA: No. Pages: 4 I. PURPOSE: The purpose of this policy is to establish a balance between protecting the safety of the public and officers of the Fayetteville Police Department (FPD) during police pursuits on foot and law enforcement's duty to enforce the law and apprehend suspects. II. POLICY Foot pursuit is defined as an officer chasing (on foot) a person who is evading detention or arrest. Foot pursuits are inherently dangerous police actions. It is the policy of this department that public and officer safety shall be the overriding consideration in determining whether a foot pursuit will be initiated or continued. Officers of the Fayetteville Police Department should conduct a quick and continuous risk assessment whenever engaging in or continuing a foot pursuit. This policy is intended to provide overall direction and guidance to officers when deciding if such foot pursuits are warranted and how they should be conducted. III. PROCEDURES A. Authorization 1. Although it is an officer's decision to initiate a stop, it is the suspect or violator who decides to precipitate a foot pursuit by fleeing. An officer's decision to pursue on foot shall be made with an awareness of and appreciation for the risk to which the officer and others may be exposed. 2. No officer or supervisor shall be criticized or disciplined for a decision not to engage in a foot pursuit if, in the officer's assessment, the risk exceeds that 41.2.9 Foot Pursuits Page 1 of 4 reasonably acceptable under the provisions of this and related department policy and training. 3. When necessary, an officer may pursue persons who he/she reasonably believes has committed an act that would warrant a stop, investigative detention, or arrest. 4. The officer shall not leave a prisoner to pursue any subject. B. Alternatives to Foot Pursuits 1. In deciding whether or not to initiate or continue a foot pursuit, an officer shall consider the following alternatives to foot pursuit: a. Containment of the area; b. Additional officers to saturate the area; c. Surveillance until other resources become available, and; d. Apprehension at another time and place when the officer knows the identity of the fleeing subject or has other information that would likely allow for later apprehension. 2. The decision to initiate or continue a foot pursuit requires weighing the need to apprehend the fleeing subject against the degree of risk to which the officer, the fleeing subject, and the community are exposed to as a result of the pursuit. Risk factors to consider include: a. If the subject is believed to be armed; b. Seriousness of the subject's offense; c. Officer acting alone; d. Backup is not available in a timely manner; e. Officer familiarity with the area; f. Officer is pursuing more than one subject; g. Officer not in physical condition to pursue subject on foot; h. Ability to apprehend at a later time (identity is known); i. Radio operability, and; j. Location: 1) Nature of the area which impacts the safety of all those who may be affected by the pursuit (residential, commercial, freeway); 2) Conditions of structures (abandoned, condemned, etc.); 3) Environmental factors (weather conditions and/or darkness), and; 4) Area of pursuit is hostile to law enforcement personnel. C. Pursuing Officer Responsibilities 41.2.9 Foot Pursuits Page 2 of 4 1. Once an officer decides to engage in a foot pursuit, the officer must, as soon as practical, relay the following information to Central Dispatch Center (CDC): a. Officer identifier; b. Location (continuing responsibility); c. Direction of travel (continuing responsibility); d. Number of fleeing subjects; e. Description of fleeing subject(s); f. Whether the subject(s) is believed to be or known to be armed, and; g. Reason for pursuing. 2. The pursuing officer shall coordinate with other officers to establish a perimeter for containment. 3. Based on the officer's risk assessment, and using his/her discretion, he/she should consider the following: a. Maintaining a sufficient tactical gap between him/herself and the fleeing subject to allow time for maintaining cover and allow for the arrival of backup officers before engagement, and; b. Not entering a building, structure or an area of limited or no cover without a backup officer present. 4. When two or more officers are in pursuit, they shall not separate unless they remain in sight of each other and/or maintain continuous communication. D. Supervisor Responsibilities Supervisors shall: 1. Monitor the pursuit and direct available resources to provide for the swift and safe apprehension of the subject; 2. When possible, respond to the scene; 3. Terminate any foot pursuit where the risk to the officer, the public, or the fleeing subject outweighs the need for the foot pursuit, and; 4. Consider and coordinate the use of specialized units/personnel to aid in the apprehension (canine, Emergency Response Team following containment, etc.). E. Communication Responsibilities (CDC) Dispatchers shall: 41.2.9 Foot Pursuits Page 3 of 4 1. Maintain open communications with involved officer(s); 2. Immediately direct the net (10-63) for the involved officer(s); 3. Immediately dispatch backup officers to the pursuit location; 4. Notify a supervisor and provide relevant information, and; 5. If necessary, notify other area public service agencies. F. Assisting Officers' Responsibility Assisting officers shall: 1. Minimize radio traffic prior to arrival; 2. Adhere to emergency mode of vehicle operation outlined in FPD 41.1.1, and; 3. Assist other responding officers to set up a perimeter and containment. Generally, the first assisting officer on the scene shall be responsible for this task. The officer who begins to coordinate a perimeter and containment should maintain that function until the foot pursuit has ended or been terminated, or until relieved from that duty by a supervisor. G. Termination of Foot Pursuits 1. Officers shall terminate a foot pursuit: a. When ordered by a supervisor; b. If the officer believes the danger to the pursuing officer(s), the public, or the fleeing subject outweighs the necessity for the immediate apprehension of the subject; c. If the officer(s) has lost sight of the fleeing subject(s) and all attempts at apprehension have been exhausted; d. If the primary officer loses communication with CDC and backup officers; e. If the officer becomes unsure of his/her own location or direction of travel, or; £ The officer has lost his/her firearm. 2. After termination of a foot pursuit, the involved officer(s) will notify CDC of the last known location of the fleeing subject, or in cases of apprehension, the location of apprehension. 41.2.9 Foot Pursuits Page 4 of 4