A vehicular pursuit is an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer. When engaging in a vehicular pursuit, the officer may violate certain rules of the road including, for example, stop signals, speed limits, and parking restrictions.
An officer may not engage in a vehicular pursuit unless:
The officer must receive authorization from a supervisor to engage in the vehicular pursuit and there must be supervisory control, or, in jurisdictions with fewer than ten commissioned officers, the officer must request the on-call supervisor be notified if a supervisor is not on duty at the time. The officer and supervisor, when applicable, must consider alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations. The officer must terminate the vehicular pursuit if any of these requirements are not met. The officer must also comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit and comply with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable.
The evidentiary threshold required for engaging in a vehicular pursuit is modified to allow an officer to conduct the vehicular pursuit if the officer has reasonable suspicion that a person in the vehicle has committed or is committing any criminal offense. The requirements that the vehicular pursuit must be necessary for the purpose of identifying or apprehending the person, the person must pose an imminent threat to the safety of others, and the officer must receive authorization from a supervisor and there must be supervisory control are eliminated. Instead, the officer must notify a supervisor immediately upon initiating the vehicular pursuit, or, if a supervisor is not on duty, the officer must request the on-call supervisor be notified. The alternative of requesting the on-call supervisor be notified under such circumstances is available regardless of the number of commissioned officers in the applicable jurisdiction.
The vehicular pursuit must also adhere to the following additional requirements: