Re-Evaluating Hot Pursuits: When Are They Necessary?

December 3, 2024

The Warren, Michigan police department was sued by a woman who was injured after her car was hit during a high-speed police chase of another person.

The incident occurred in June 2024 when police spotted a Dodge Charger without a license plate, and the driver sped off. After leading police through a busy residential area, the suspect sped off onto some main roads, leading to the fiery crash with the plaintiff's vehicle. She suffered fractures and burns from the crash. Police had to pull out of her burning car.

She is suing both the police and the person who was fleeing arrest and asking for $60 million, but the Warren police position is that the only person responsible for the plaintiff being injured is the man they were chasing.

The Warren police department has been engaged in roughly 250 pursuits this year. Shawn Ley, Brandon Carr, "Warren Police Department sued by innocent bystander injured in fiery crash" www.clickondetroit.com (Oct. 30, 2024).

Commentary and Checklist

In 2023, the Police Executive Research Forum (PERF) released a report detailing its recommendation of when to initiate a police pursuit. The recommendation was based in part on the latest national data on police vehicle pursuits then available, taken from a Law Enforcement Management and Administrative Statistics (LEMAS) survey for 2009 to 2013. That survey revealed that for every 100 pursuits, there were two severe injuries and 10 minor injuries. Of these serious injuries, suspects accounted for 76 percent, non-involved persons accounted for 21 percent, and law enforcement officers made up three percent.

Moreover, the PERF report used statistics from the National Highway Traffic Safety Administration, which revealed that in 2020, the number of fatal crashes related to police pursuits reached a peak of 455. This was the highest number since 2007 when the fatalities stood at 372.

PERF's report, "Vehicular Pursuits: A Guide for Law Enforcement Executives on Managing the Associated Risks," recommended that a pursuit should only be initiated under two conditions: (1) If a violent crime has already occurred and (2) if there is an immediate risk that the suspect will commit another violent crime.

The executive director of PERF wrote: "You can get a suspect another day, but you can't get a life back. We believe policy, training, and supervision should all support the core value of policing: the sanctity of human life."

In the Michigan case, the initial basis for the traffic stop was a missing license plate, a non-violent offense. It is unknown if the officer had any reason to suspect the driver of a violent crime.

The International Association of Chiefs of Police recommends that departments create a hot pursuit policy that outlines the factors that influence the decision to pursue, such as the seriousness of the offense and the risk factors involved.

Other recommendations include "Vehicular Pursuits" www.theiacp.org (Dec. 2019):

  • When pursuing, activate emergency lights and sirens
  • Use cameras
  • Regularly update the pursuit locations and conditions
  • Always drive in the direction of traffic
  • Stop the pursuit when the conditions specified in the training for when, why, and how to stop are met
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