2 Flashcards
(6 cards)
What is the overarching principle in terms of a fleeing driver incident?
Answer:
The overarching principle is that public and police employee safety takes precedence over the immediate apprehension of a fleeing driver.
What should other Police vehicles (excluding lead or secondary vehicles) do during a pursuit?
Answer:
- Must not actively participate in the fleeing driver pursuit or respond unless they are:
- preparing tactical options
- undertaking a temporary road closure
- collecting intelligence
- responding to a pursuit controller direction that could assist in safely stopping the fleeing driver.
- Must cease all non essential communication
- Must not follow behind the pursuit unless directed or approved to do so by the pursuit controller
note: a dog unit where tactically desirable may be in addition to the lead and secondary vehicle
What steps do you take following a direction (or decision) to abandon a pursuit?
Hint: A. I. D. S. C
- ACKNOWLEDGE any direction to abandon the pursuit
- IMMEDIATELY reduce speed to increase distance
- DEACTIVATE lights and sirens ONLY once below speed limit
- STOP when safe to do so
advise comms of location and that you are stationary - Stop actively looking unless authorised
- COMMENCE inquiry phase
A. I. D. S. C
What legislation is relevant to stopping a vehicle in a fleeing driver pursuit?
Sec 114 Land Transport -
A constable in a vehicle following another vehicle by displaying flashing blue and red lights or sounding a siren, to require the driver of the other vehicle to stop
Sec 9 Search and Surveillance-
Empowers a constable to stop a vehicle if they have reasonable grounds to suspect that a person is unlawfully at large or has committed an offence punishable by imprisonment, and believes the person is in that vehicle.
Land Transport Rule 2004 - Rule 5.3 provides a defence for police for speeding if…
- The vehicle being used by a constable engaged in urgent duty driving and compliance with the speed limit would likely prevent the execution of the officers duty
- The vehicle was an emergency vehicle being used in an emergency and activating red and blue lights or siren or both
- Police must reduce speed to 20km/hr when proceeding through an intersection
Does Sec 114 permit police to stop a vehicle for any reason at all (eg to stop vehicle to interview passenger)?
No
Sec 114 (previously Sec66) does not give police unrestricted rights to interfere with the activities of the citizen.
Case law:
In regards to wanting to speak to the passenger, as the constables were not concerned with any aspect of the Land Transport Act, they could not rely on the powers of Secton (114)
