Case Study 001 - Pursuit Policy

(1) Defining Pit Maneuvers and Spikes as a Use of Force

The current pursuit policy, §3.2 - Pursuit Information, does not specify any information regarding pit maneuvers, spikes, or roadblocks usage. However, it can be assumed that DPS regards the usage of pit maneuvers and spikes as lethal force. §3.1 - Use of Force Policy, describes the usage of lethal force as Level 4, “The individual is actively endangering others on a serious bodily damage limit” (DPS, 2023) 

(2) Interpretation of Illegal Pit Maneuvers

However, it could also be interpreted that DPS does not permit pit maneuvers in any way. §3.2, Bullet 2 states, “Remain at a safe distance (50-100 meters) from the vehicle you are pursuing”, and does not include provisions to allow pit maneuvers. §3.1, Level 4, bullet 2, sub-bullet a describes lethal force as “Utilization of department-issued firearms.” 

(3) References to U.S. Department of Justice

Definition of Pursuit

The IRL U.S. Department of Justice, Office of Justice Programs, National Institute of Justice has previously performed a case study on this topic; refer to sourcing bullet one on this page. NCJ 122025 defines a pursuit as "an active attempt by a law enforcement officer on duty in a patrol car to apprehend one or more occupants of a moving motor vehicle, providing the driver of such vehicle is aware of the attempt and is resisting apprehension by maintaining or increasing his speed or by ignoring the law enforcement officer's attempt to stop him" (1). 

Justification of this Proposal

Changes to the DPS Pursuit Policy are needed as "a clearly defined pursuit policy [...] helps reduce injury and death" (1). As stated in the 14th Amendment of the Constitution of the United States, "nor shall any State deprive any person of life, without due process of law" (2). 

Usage of Deadly Force

Additionally, the U.S. DOJ Use of Force Policy, see references bullet 2, states, "Deadly force may not be used solely to prevent the escape of a fleeing suspect" (3). The IACP also states that, in hostage scenarios, deadly force may be used in "Circumstances in which the hostage is being subjected to or reasonably appears to be subjected to actions by the suspect that create a substantial risk of causing or resulting in death, serious physical injury, or the commission of that class of offense under statute that justifies the use of deadly force" (4).

(4) Proposed New Policy

§3.2 - Pursuit Information

The following policies are listed directly as "Pursuit Use of Force Policies":

1. Pit Maneuvers, Ramming, Spike Strips, Stop Sticks, and the usage of firearms to immobilize a vehicle are all considered Level 4: Lethal (Active) uses of force, and are subjected to §3.1 - Use of Force Policy. 

2. Lethal Force may only be used in a pursuit if:

   1. A sworn supervisor has authorized the usage of lethal force; and

   2. The individual shows clear and malicious intent to cause injury or death to any person other than himself; or

   3. The individual is driving in a manner which is extremely likely to cause injury or death to any person other than himself.

3. Lethal Force may not be used if:

   1. A non-suspect individual is present in the suspect's vehicle, such as a hostage or civilian passenger; and/or

   2. The usage of lethal force could cause injury or death to the officer or to any person other than the suspect; and/or

   3. The officer to use the lethal force is unranked.

References

1. Restrictive Policies for High-Speed Police Pursuits, NCJ 122025. U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.

2. United States Consitution, 14th Amendment, Section 1

3. U.S. Department of Justice, Office of the Attorney General. Memorandum regarding the Department's Updated Use-Of-Force Policy, May 20, 2022.

4. International Association of Chiefs of Police, Model Policy, Hostage Situations, September 2007