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An officer’s discretion: To pursue or not pursue?

In the 1970s there was a young recruit who experienced and survived his first “high speed chase.” After booking the formerly fleeing felon (FFF) he thought back on the experience and recognized his life or career could have ended any number of times during the pursuit. The rookie sought out a seasoned veteran and asked, “Is there ever a time when an officer should break off a pursuit if it gets too dangerous?”

The response from the veteran was, “Son, you chase them until their wheels fall off and if their wheels fall off and they keep going then you chase them until your wheels fall off. If word gets out you don’t pursue, no one will stop and everyone will run.”

Times have changed. Since those bygone days, litigation has caused anti-pursuit policies to be written all over the nation. Some of the policies make it clear for the officer in pursuit—they outline in so many words, “If they flee you shall not pursue!”

Other policies make it less clear and allow for a certain number of officers to pursue under certain conditions and when certain circumstances exist. How does the veteran field training officer answer the rookie, who says, “I’m confused. When is it time to pursue and when is it time to terminate the pursuit?”

If the policy states terminate all pursuits the FTO could say, “Son the policy says terminate all pursuits so, ‘when they run, the pursuit is done’.”

If the commander orders the pursuit terminated the veteran officer could say, “It’s simple: when the commander says terminate, you terminate.”

“If policies leave some discretion to the officer,” a veteran field training officer once told his young charges, “when they run, ask this question: ‘Am I chasing them because they are dangerous or are they dangerous because I am chasing them?’ If you’re chasing them because they are dangerous then you may decide to continue the pursuit with due care. If they are dangerous because you are chasing them then your life and career are not worth risking on this one. Terminate the pursuit.”

Lt. Dan Marcou is an internationally-recognized police trainer who was a highly-decorated police officer with 33 years of full-time law enforcement experience. Marcou’s awards include Police Officer of the Year, SWAT Officer of the Year, Humanitarian of the Year and Domestic Violence Officer of the Year. Additional awards Lt. Marcou received were 15 departmental citations (his department’s highest award), two Chief’s Superior Achievement Awards and the Distinguished Service Medal for his response to an active shooter.

Upon retiring, Lt. Marcou began writing. He is the co-author of “Street Survival II, Tactics for Deadly Encounters.” His novels, “The Calling, the Making of a Veteran Cop,” “SWAT, Blue Knights in Black Armor,” “Nobody’s Heroes” and “Destiny of Heroes,” as well as two non-fiction books, “Law Dogs, Great Cops in American History” and “If I Knew Then: Life Lessons From Cops on the Street.” All of Lt. Marcou’s books are all available at Amazon. Dan is a member of the Police1 Editorial Advisory Board.