Page 20 - June2020 FOP Magazine

Think twice before you pursue
COPA has found some traction, and they are going full speed. The most serious on-duty complaints that do not involve the dis- charging of a firearm are the pursuits that
result in the death of a civilian and, of course, the fleeing offender.
In a past article, we have highlighted
the pursuit issues facing the working po-
lice, and they bear repeating. Too many of- ficers are finding themselves defending their ac- tions where their only offense was that they tried
to apprehend a dangerous offender. We need to understand the pursuit rules, and we need to be able to articulate our ac- tions. Remember, COPA has little interest in treating us fairly and waits to critique our every move, regardless of our good intentions.
The police pursuit policies are the result of a criminal el- ement that simply has no regard for the human life around it. No sane person who has an ounce of care for his fellow citizens would drive 100 miles per hour down a city street. Because of this callous approach to life, police departments across the country have enacted rules and regulations of when an officer should and should not pursue.
A reasoning behind the policy is the simple concept of the need to apprehend weighed against the inherent danger of
the pursuit. Early on in the infancy of the promulgation of these policies, it was clear that the main goal was to stop the Jake-and-Elwood-Blues-style 20-mile race to pay the tax assessor. The policy, which was well intended, was to evaluate some pursuits and determine if the officers should place themselves and others in dan- ger to stop an offender whose offense is minor. So, I suppose we have the Blues Brothers to blame for the
pursuit rules.
Under General Order G03-03-01, the pursuit policy is laid
out for you. This article is not meant to explore the entire 11- page general order, and it is highly recommended that you review that general order frequently. A pursuit is defined as “[a]n active attempt by a sworn member operating an autho- rized emergency vehicle to apprehend any driver or operator of a motor vehicle who, having been given a visual and audible signal by the officers...fails or refuses to obey such direction, increases or maintains his or her speed, extinguishes his or her lights, or otherwise flees or attempts to elude the officer.”
You attempt to make a traffic stop and the driver refuses to pull over. The policy sets forth a balancing test for the “ini- tiation, continuation and supervisory authorization of each motor vehicle pursuit.” What that means is that when an of- ficer has given audible and visual direction for a motorist to pull over and the motorist either fails to pull over and pulls
TIM GRACE
The Law Firm of Grace & Thompson Specializes in Representing Chicago Police Officers
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20 CHICAGO LODGE 7 ■ JULY 2020