Renton has had pursuit guidelines for decades; better and more detailed than state law

Renton Police next to Lake Washington Blvd; Renton Police Photo

I was recently asked whether Renton already had a vehicle pursuit policy before the state implemented the 2021 Pursuit law.  The answer is an emphatic YES!  I realized others may have the same question so I’m providing some background and the policy here.

Renton has had a very well-designed and validated police pursuit policy in place for many decades. We discussed the policy as a Renton Council occasionally, sometimes routinely, and sometimes in the context of insurance claims when property was damaged or in the rare cases where someone was injured by a police pursuit.  (If my memory serves, we had one or two police pursuit bystander injuries serious enough to require focussed council discussion in the 28 years I was on council, and we had occasional property damage.)  While the legal issues can be complicated when a reckless suspect hits a bystander with police in pursuit, our council generally considered it a city responsibility to help innocent injured parties if they got caught in the middle of a police chase, or if their property was damaged.

Renton’s vehicle pursuit policy has a lot more detail than the state law covering police pursuit. Renton’s policy is a full twelve pages of instructions known as Policy 307.  For those of you who like to dig into data, it can be found on page 100 of the 800-page Renton Police Manual.  Note that this manual likely has all the answers to your other questions about police officer procedures in Renton. Officers have to be fully familiar with it.

I’ve reproduced some of the first two pages of Policy 307 below, and left the titles for the sections I removed.  (click here and go to page 100 for full text)

Renton Police Department, Policy 307, Vehicle Pursuits

307.1 PURPOSE AND SCOPE This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers, the public, and fleeing suspects.

307.1.1 DEFINITIONS …

307.2 POLICY …

It is the policy of the Renton Police department to weigh the importance of apprehending suspects who unlawfully flee from law enforcement against the risks associated with vehicle pursuits. Every department member engaging in a vehicle pursuit in accordance with State law (HB 1054; Chapter 320 § 7, 2021) must be able to explain what conditions were present that justified the pursuit and did not unduly endanger the public. If sufficient justification does not exist, or conditions  change, the pursuit must be terminated. If a pursuit is lawfully justified, it should be concluded as soon as reasonably possible, either by termination, P.I.T., or the use of other Forcible Stopping techniques described in policy

307.10. Supervisors must authorize pursuits, make monitoring pursuits a top priority and order pursuits terminated unless there is sufficient justification to continue them. If supervisors are unable to determine, within a reasonable time, whether sufficient justification is present, the pursuit shall be terminated.

307.3 OFFICER RESPONSIBILITIES Vehicle pursuits shall only be conducted using authorized police department emergency vehicles that are equipped with and displaying emergency lighting and sirens as required by law. Officers shall drive with due regard for the safety of all persons and property. However, officers may, when in pursuit of a suspect and provided there is no unreasonable risk to persons and property (RCW 46.61.035): (a) Proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation. (b) Exceed the speed limit. (c) Disregard regulations governing parking, direction of movement or turning in specified directions.

307.3.1 WHEN TO INITIATE A PURSUIT Officers are not authorized to initiate a pursuit unless authorized by a supervisor and the following criteria exists (RCW 10.116.060):

(a) Either:

1. There is probable cause to believe that a person in the vehicle has committed or is committing a violent offense or sex offense as defined in RCW 9.94A.030 or an escape under Chapter 9A.76 RCW;

or 2. There is reasonable suspicion that a person in the vehicle has committed or is committing an impaired driving offense under RCW 46.61.502.

(b) The pursuit is necessary for the purpose of identifying or apprehending the person.

(c) The person poses an imminent threat to the safety of others and the safety risks of failing to apprehend or identify the person is considered to be greater than the safety risks of the vehicle pursuit under the circumstances. The officer requesting authorization and the supervisor shall consider alternatives to initiating a vehicle pursuit as well as safety considerations (RCW 10.116.060).

307.3.2 WHEN TO TERMINATE A PURSUIT

Pursuits should be terminated whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape or the pursuit does not meet the criteria established in this policy or state law. 

When a supervisor directs the pursuit to be terminated, officers will immediately terminate the pursuit. The factors listed in this policy on when to initiate a pursuit will apply equally to the decision to terminate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists, themselves and the public when electing to continue a pursuit. In addition to the factors that govern when a pursuit may be initiated, other factors should be considered in deciding whether to terminate a pursuit, including:

(a) The distance between the pursuing vehicle and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time or distance.

(b) The pursued vehicle’s location is no longer definitely known.

(c) The pursuing vehicle sustains damage or a mechanical failure that renders it unsafe to drive.

(d) The pursuing vehicle’s emergency lighting equipment or siren becomes partially or completely inoperable.

(e) Hazards to uninvolved bystanders or motorists.

(f) The danger that the continued pursuit poses to the public, the officers or the suspect, balanced against the risk of allowing the suspect to remain at large.

(g) The identity of the suspect is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit.

307.3.3 VEHICLE PURSUIT FACTORS Factors that shall be considered, both individually and collectively, when deciding to initiate or continue a pursuit include but are not limited to (RCW 10.116.060):

(a) The seriousness of the known or reasonably suspected crime and its relationship to community safety.

(b) The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists, and others.

(c) The safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic (e.g., school zones), and the speed of the pursuit relative to these factors.

(d) The pursuing officers’ familiarity with the area of the pursuit, the quality of radio communications between the pursuing vehicles and the dispatcher/supervisor, and the driving capabilities of the pursuing officers under the conditions of the pursuit.

(e) Whether weather, traffic, and road conditions unreasonably increase the danger of the pursuit when weighed against the risks resulting from the suspect’s escape. 

(f) Whether the identity of the suspect has been verified and whether there is comparatively minimal risk in allowing the suspect to be apprehended at a later time.

(g) The performance capabilities of the vehicles used in the pursuit in relation to the speed and other conditions of the pursuit.

(h) Emergency lighting and siren limitations on unmarked police department vehicles that may reduce visibility of the vehicle, such as visor or dash-mounted lights, concealable or temporary emergency lighting equipment, and concealed or obstructed siren positioning. (i) Vehicle speeds.

(j) Other persons in or on the pursued vehicle (e.g., minors, passengers, co-offenders, hostages).

(k) The availability of other resources, such as air support assistance.

(l) Whether the pursuing vehicle is carrying passengers other than on-duty police officers. Pursuits should not be undertaken with an arrestee in the pursuit vehicle unless exigent circumstances exist, and then only after the need to apprehend the suspect is weighed against the safety of the arrestee in transport. A vehicle containing more than a single arrestee should not be involved in a pursuit.

307.4 PURSUIT VEHICLES …

307.4.1 MOTORCYCLES …

307.4.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT …

307.4.3 PRIMARY PURSUIT VEHICLE RESPONSIBILITIES…

307.4.4 SECONDARY PURSUIT VEHICLE RESPONSIBILITIES … 

307.5 PURSUIT DRIVING … 

307.5.1 PURSUIT TRAILING … 

307.5.2 AIR SUPPORT ASSISTANCE  …

307.5.3 OFFICERS NOT INVOLVED IN THE PURSUIT …

 307.6 SUPERVISORY CONTROL AND RESPONSIBILITIES …  

 307.7 VALLEY COMMUNICATIONS CENTER

307.7.1 RESPONSIBILITIES …

307.8 LOSS OF PURSUED VEHICLE …

307.9 INTERJURISDICTIONAL CONSIDERATIONS …

307.9.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY …

307.9.2 PURSUITS EXTENDING INTO THIS JURISDICTION …

307.10 PURSUIT INTERVENTION …

307.10.1 WHEN USE IS AUTHORIZED …

307.10.2 USE OF FIREARMS  …

307.10.3 INTERVENTION STANDARDS …   

307.11 CAPTURE OF SUSPECTS …

307.12 REPORTING REQUIREMENTS 

307.13 REGULAR AND PERIODIC PURSUIT TRAINING (EVOC)  …

307.14 POLICY REVIEW …