Lessons unlearned
on police pursuits
By WILLIAM C.
SMITH Guest
columnist
The State’s recent editorial (“Lawmakers should demand new police
pursuit guidelines,” July 26) correctly pointed out that statewide
pursuit guidelines should be put into place, but stopped short of
addressing other critical issues that must be addressed if statewide
guidelines are to be effective.
In the early 1990s, the South Carolina Criminal Justice Academy,
now a division of the Department of Public Safety, promulgated
regulations that required all South Carolina law enforcement
agencies not only to develop pursuit policies, but also to train
their officers on the pursuit policy. The regulations, still in
effect, require that an agency’s pursuit policy and its training
program be approved by the Department of Public Safety and that the
pursuit training be repeated at least annually. Agencies that do not
comply with the regulatory requirements are subject to civil
penalty.
The regulations, however, leave to agencies the decision on
whether their policies will allow officers broad discretion in the
conduct of pursuits or whether restrictions will be placed on
pursuit operations by, for example, prohibiting pursuit for traffic
or other minor violations or limiting pursuits to violent felonies,
as is becoming a more common practice nationally.
The State’s suggestion that South Carolina develop a statewide
“uniform pursuit policy” is commendable and follows the approach
taken by other states, but needs qualification. First, the state
cannot create a single statewide pursuit “policy” that can address
the needs of all South Carolina law enforcement agencies. While
uniform minimum guidelines for pursuit are clearly needed, as is,
perhaps, a model policy, the operational postures of the state’s law
enforcement agencies are widely disparate, and no single policy can
address the specific operational needs of every agency.
Second, the development of uniform statewide guidelines will have
no impact if agencies do not train to their specific policies that
incorporate the guidelines. Although training on statewide
guidelines could be offered by a central source, the training
required for an agency’s specific policy provisions, which
incorporate the guidelines, can only be implemented by the agency
itself.
In some agencies, however, the extent of pursuit policy training
begins and ends with an officer’s passing awareness that the agency
“has a pursuit policy.” Often, there is no training provided to
explain policy terminology (for example, what does it mean to
“terminate” the pursuit?) and there is no discussion of permissible
or impermissible tactics (for example, do we permit the use of
roadblocks?).
Third, statewide uniform guidelines, in and of themselves, will
be of little benefit unless agencies are provided assistance in
addressing a far more fundamental, and difficult, training concern:
pursuit decision-making. This concern is not one that can be
addressed solely by the presence of a policy. The officer adrenaline
that often accompanies high-speed pursuits can only be addressed by
meaningful training to assist officers in making rational, as
opposed to visceral, decisions when they become involved in the heat
of a chase.
In conjunction with this training, agencies must also establish
specific pursuit supervisory requirements and implement officer
accountability controls, such as progressive discipline measures
addressing pursuits.
Despite suggestions several years ago that the state of South
Carolina should create and staff a statewide office to assist law
enforcement agencies in managing the risks of critical operations
such as pursuit, that recommendation has gone unheeded. Our citizens
deserve law enforcement officers who are professionally responsive
to their needs and who have been provided the guidance, training and
resources necessary to responsibly protect the public.
Until we learn from our police pursuit history, however, the
words of the philosopher George Santayana will remain particularly
salient: “Those who cannot remember the past are condemned to repeat
it.”
Mr. Smith, a Columbia attorney, is co-author of Police Pursuits:
What We Know (Police Executive Research Forum, 2000) as well as
numerous other publications on police pursuits. |