Emergency Vehicle Operations Questions
and Answers
(M.G.L 89 §7B) Three (3) requirements police officers must
follow to be exempt from certain motor vehicle laws: - ANSWER-1- When operating a
patrol car outside of standard rules
and laws, officers must do so with CAUTION and DUE
REGARD for the public's safety.
2- Before entering an intersection contrary to right-of-way, officers MUST COME TO A
FULL STOP.
3- Officers are NEVER PERMITTED TO PASS A SCHOOL BUS that is picking up or
discharging children (see 90 §14).
3 & 9 O'Clock (Steering Wheel Hand Position) - ANSWER-Hand position is effective for
most high and low speed driving tasks.
3 events involved in Stopping Distance: - ANSWER-- IDENTIFY: Driver must identify
the reason or hazard
that requires him or her to stop.
- ACTION: The driver must take action to stop by braking.
- STOP: Vehicle must come to a complete stop.
Best Practices for Backing: - ANSWER-1 - Gradual Acceleration
2 - Maintain Speed Control
3- Avoid Sharp or Sudden Turns
4 - Control Front End Swing (3-4 Feet)
5 - Be Aware of Front Wheel Tracking
Best practices for non-pursuit emergency response driving: - ANSWER-- Gather
Information
- Take the Safest Route
- Turn on Warning Devices
Case Law (City of Canton, Ohio v Harris, [489 U.S. 378 (1989)]) - ANSWER-- Police
TRAINING INADEQUACIES can be a basis for individual liability when there was a
"deliberate indifference to the rights of persons with whom the police come into contact."
- DELIBERATE INDIFFERENCE is a conscious disregard for the consequences of
one's actions. Deliberate indifference occurs when the officer knows of and disregards
an excessive risk.
, Case Law: Commonwealth - ANSWER-1 - Massachusetts police departments and their
local
municipalities can be liable if officers are negligent when making decisions related to
vehicle pursuits. Roberta K. Harrison v. Town of Mattapoisett, 78 Mass. App. Ct. 367
(2010).
2 - A pursuit begins when actions by police reasonably
communicate an attempt to capture or otherwise intrude on a person's freedom of
movement. Merely following someone without using a siren or lights, attempting to block
or control an individual's path, direction, or speed, or commanding the individual to halt,
is not pursuit. Commonwealth vs. Watson, 430 Mass. 725 (1999)
3 - A pursuit is considered a seizure when the officer intends to detain or arrest anyone
in the car being pursued. Commonwealth vs. Stoute, 422 Mass. 782 (1996)
Case Law: U.S. Supreme Court - ANSWER-1 - A police officer does not violate
substantive due process by causing death through deliberate or reckless indifference to
life in a high-speed pursuit aimed at apprehending a suspected offender.
During high speed pursuits, only a purpose to cause
harm unrelated to the legitimate object of arrest will
satisfy the elements necessary for a due process
violation. County of Sacramento v. Lewis, 523 U.S 833
(1998)
2 - A stationary roadblock is not considered a "seizure" and may not be unreasonable in
a high-speed pursuit.
- Intentional ramming or blocking that creates a
reasonable risk of death will is considered deadly
force.
- Not all ramming and roadblocks create a reasonable
risk of death.
- Even if a particular roadblock or ramming is deadly
force, its use may be reasonable to immediately apprehend a violent felon or suspect
who is threatening life during an extremely hazardous pursuit. Brower v. Inyo County,
489 U.S. 593 (1989)
3 - A police officer's attempt to terminate a dangerous high-speed car chase that
threatens the lives of innocent bystanders does not violate the 4th Amendment, even
when the pursuit places the fleeing suspect at risk of serious injury or death. Scott v.
Harris, 550. U.S. 372 (2007)
4 - The use of deadly force during a pursuit is reasonable when the threat to the public
is immediate and substantial and other means of stopping the pursuit do not work. Cole
v. Bone, 993 F.2d 1328 (1993)
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