By Joe Blaettler
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Constantly changing case law, state laws, policy guidelines and oversight have changed the way officers must think before engaging in police pursuits. It has become more common for police actions during pursuits to go before grand juries and even lead to indictments:
- Two Anne Arundel County officers indicted in deadly high-speed pursuit
- Former Lanett police officer indicted in high-speed chase that killed a deputy
- Gurley Police Department officer indicted for manslaughter following a fatal pursuit crash
It has also become more common for officers to be terminated for their actions during a pursuit:
- ISU police officer fired after high-speed chase results in two collisions
- Four NOPD officers fired, two others suspended after a fatal pursuit crash
- Oakland moves to fire two officers after a deadly, unauthorized chase
To show how seriously departments take police pursuits, many now incorporate pursuit policies into their use-of-force policies.
Keeping all of the above in mind, at the end of the day — while pursuits are governed by policy and supervision — the decision-making in the moment still falls on the individual officer behind the wheel. That officer will bear the burden and may suffer the consequences if the pursuit ends in death or destruction.
A San Francisco Chronicle investigation found that at least 3,336 people were killed as a result of police pursuits throughout the United States from 2017 through 2022. At least 15 of those killed were officers. More than 52,600 people were injured from 2017 through 2021, according to government estimates.
The Chronicle also found that of 1,877 people killed in cases reviewed in depth, 1,562 died in pursuits initiated over traffic infractions, nonviolent crimes or no crime at all. Just 1 out of 15 people killed in those cases were drivers chased over a suspected violent crime.
The decision to pursue
You must decide within seconds whether you are going to pursue and how long that pursuit will continue. That decision does not end once the vehicle flees — it must be constantly evaluated.
Yes, the violator initiates the pursuit by committing the crime of eluding police. However, in many cases, no crime has been committed prior to the vehicle fleeing. You must ask yourself: Is this pursuit worth my life? Is it worth the life of an innocent civilian? Is it worth my career?
Based on experience, most of the time the answer is no.
The facts are that most pursuits are for motor vehicle infractions. However, there will be times when pursuits involve violent crimes or dangerous individuals. If you find yourself in such a situation, you need to apply best practices.
If you are going to attempt a stop, first notify communications of your location, direction of travel, suspect vehicle description, reason for the stop and number of occupants.
If you are following a suspect vehicle and it is not fleeing, there is no need to rush the stop. Use time to your advantage. If the vehicle is in a residential area, try to follow it into a more open and less populated area. Attempt to initiate the stop on your terms.
If possible, coordinate with other units so they can tactically position themselves. If the vehicle is on a straightaway, consider whether spike strips are an option. Some departments have SUVs designed to block in suspect vehicles — if available, use them.
There are times when tactical positioning and planning will eliminate the suspect vehicle’s ability to flee. Rather than pursue, you can control the situation and conduct a felony stop.
Consider alternatives to pursuit
In lieu of a physical pursuit, consider pursuing through technology. Many towns now utilize automatic license plate readers (ALPRs). If a license plate is entered as stolen, an alert will activate when the vehicle passes an ALPR camera. This technology can provide real-time location information.
Based on this information, a coordinated response can be used to locate the vehicle and develop a plan for a safe stop.
Rather than physically pursuing, consider whether you have the ability to track the vehicle via GPS. If so, position yourself in the general area. Once the vehicle comes to a prolonged stop, unmarked units can move in and box it in.
Does your department have drones? If not, do surrounding jurisdictions utilize them? If drones are available, coordinate with the operator prior to conducting a stop. If the vehicle flees, the drone can maintain visual contact and coordinate police activity.
Currently, many departments do not have drones available. However, that will likely change in the coming years.
Deciding whether to pursue
When deciding whether to pursue, consider the need for immediate apprehension. If there is no immediate need — traffic infraction only, driver known to police or no underlying crime — it may be best to apprehend the individual at a later time.
If you attempt a stop and the driver flees with no intention of stopping, you must weigh the need to apprehend against the need to protect your life and the safety of the public.
Ask yourself: Does the need to apprehend outweigh the risk?
If the pursuit involves a crime, consider what that crime is. In many jurisdictions, pursuits for stolen vehicles have been restricted or debated. In New Jersey, there was a period when officers could not pursue based solely on a vehicle being stolen. If a pursuit resulted in a crash, the officer could face discipline for violating policy.
That policy was later reversed, highlighting how even policymakers are unsure how to address pursuits involving stolen vehicles.
If policymakers are unsure, can you be certain they will support your decision if something goes wrong?
Even when pursuits for stolen vehicles are authorized, you must consider the environment. Is it worth pursuing a stolen vehicle at high speed through a 25 mph residential neighborhood?
Most policies state that a pursuit must be terminated if the risk to the public outweighs the need for apprehension. Traveling at high speeds in residential areas will almost always create that risk.
If you find yourself in that situation, proceed cautiously and be prepared to terminate.
If a pursuit results in a crash, there will be an investigation. Body-worn cameras, dash cameras, city cameras and automated vehicle location systems will show your actions, location and speed. If your report does not match the evidence, you will have to explain the discrepancies.
I was involved in a case where an officer stated he had terminated a pursuit prior to a crash that resulted in a head-on collision with a civilian vehicle. The incident occurred in a residential area with a 25 mph speed limit. However, AVL data showed the officer taking a corner at 53 mph. If the officer was not in pursuit, why was he traveling at that speed? It is well established that if you are not engaged in police activity, you must obey traffic laws. In this case, the officer could not justify his actions.
If the vehicle is wanted for a crime, again consider the severity. If the driver is wanted for shoplifting, is a high-speed pursuit justified?
In many jurisdictions, shoplifting is a low-level offense, sometimes resulting in little or no prosecution. Are you willing to risk your life, your career and the lives of innocent civilians for that outcome? Several jurisdictions no longer aggressively prosecute low-level shoplifting offenses. Even if the pursuit is successful, the suspect may face minimal consequences.
Now consider the opposite scenario. What if the driver is wanted for murder? These situations require rapid decision-making and constant reassessment. Pursuits evolve quickly, and conditions can change in seconds.
I am currently involved in a case where plainclothes officers in unmarked vehicles attempted to stop a possible murder suspect. The pursuit entered a school zone during active hours, with children and parents present. Rather than terminate, the officers continued the pursuit. The fleeing vehicle struck and killed a three-year-old child. The suspect was later determined not to be involved in the suspected crime, and four officers were forced to retire.
Final thoughts
We all want to catch the bad guys. However, catching them at all costs — including your life, the lives of others or your career — is not always worth the risk.
Officers must think and think quickly before engaging in high-speed pursuits. If you decide to pursue, you must constantly evaluate the environment.
If you begin to lose control of the situation, or if the risk becomes greater than the need to apprehend, it may be time to terminate and make the apprehension at a later date using investigative methods.
About the author
Joe Blaettler is the owner and principal operator of East Coast Private Investigations of New Jersey. Joe has over 30 years of military and police experience. He is a retired Deputy Chief of Police of a major urban New Jersey Police Department.
During his law enforcement career he served in numerous operational and management positions. He has extensive experience in undercover and surveillance operations and has previously been certified in Superior Court of New Jersey as an expert in narcotics identification and investigations. He was the Commanding Officer of his department’s Narcotics Division, leading citywide operations and investigations in order to suppress narcotics related activity. As a Captain he initiated and commanded his department’s first Emergency Services Unit (ESU), an elite law enforcement unit responsible for all tactical and rescue operations. He was personally responsible for selection and training of personnel, equipment purchasing, and operational readiness. He successfully deployed and commanded the unit through multiple high-risk operations, including hostage rescues, barricaded suspects, high-risk search warrants and wanted parties.
Joe is an adjunct professor, teaching leadership and supervision and ethics in policing. He is a State of New Jersey Certified Public Manager and a State of New Jersey licensed private investigator currently based in Morristown, NJ.
