California's Police Pursuit Immunity Statute: Does It Work?

• NCJ Number: 174947
• Journal: Police Chief Volume: 64 Issue: 2 Dated: February 1997 Pages: 36-43
• Author(s): R Fick
• Date Published: 1997
• Length: 6 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

This analysis of California police agencies' actions in relation to a State law on pursuit driving concludes that police agencies have acted responsibly by reviewing, revising, and updating police pursuit policies where necessary to reflect greater awareness of public concern over the dangers involved in high-speed chases.

Abstract

In 1988, the California legislature enacted a statute that provides immunity from certain claims for law enforcement agencies that adopt pursuit policies that meet certain minimum criteria. The immunity covers cases of personal injury or death of any person or damage to property resulting from the collision of a vehicle operated by an offender or suspect pursued by a law enforcement officer. The legislature intended that police agencies would develop policies on high-speed pursuits and emergency driving and that these policies would contain at least minimum standards. The law set four minimal requirements and required the court and not a jury to determine whether a particular policy complied with the law. The litigation filed to challenge the immunity statute has focused on the issue of whether or not the pursuit policy of a specific agency meets the minimal standards envisioned by the legislature. Early court decisions were critical of policies that lacked reasonably specific criteria to guide officers. Judicial decisions have also stated that officer discretion is to be minimized in decisions of initiating, continuing, or terminating high-speed pursuits. California police agencies have used a considerable amount of time and resources reviewing and revising their pursuit policies and training field officers and their superiors. By continuing to be vigilant in adopting and enforcing these policies, police agencies can expect a greater level of public confidence and reduced exposure to liability from injuries or property damage from pursuits. 12 reference notes