By Todd Duncan, Law Enforcement and Safety Specialist
This month’s Safety Short highlights excellent judgment by a NIRMA member employee during a recent vehicle pursuit incident.
A Merrick County sheriff’s deputy stopped a driver for speeding at nearly 100 MPH. After handing over his license and registration, the driver suddenly fled the stop. The deputy faced a critical choice: engage in a dangerous high-speed pursuit over a relatively minor offense or safely apprehend the suspect later using the information already in hand.
The deputy made the right call; he did not pursue. Instead, the Sheriff’s Office used humor and strategy, posting about the incident on Facebook and encouraging the suspect to turn himself in. The post went viral, reaching nearly a million views, and the suspect was soon arrested in Buffalo County. This was an excellent example of good decision-making in balancing the risk of pursuit versus the need to immediately apprehend.
Vehicle pursuits remain one of the most dangerous law enforcement activities causing more unintended deaths each year than any other police action. On average, one person dies every day in pursuit-related incidents, with a record 455 deaths in 2020.
Considerations when crafting your pursuit policy:
- Pursuits are a leading cause of serious injury, death, and liability for NIRMA member counties.
- The Nebraska Supreme Court interprets NRS 13-911 to mean that agencies are “strictly liable for injuries to an innocent third party during a vehicle pursuit, regardless of whether the law enforcement officer’s actions were otherwise proper or even necessary.”
- Every pursuit carries high risk and limited deputy control.
- Strong policy, training, and supervision are essential for safety and legal protection.
- A restrictive pursuit policy saves lives. NIRMA’s model pursuit policy follows PERF recommendations and recommends limiting pursuits to violent crimes where failure to immediately apprehend the suspect presents an imminent threat of serious bodily harm or death to others based on the suspect’s criminal actions (not the danger created from the suspect’s driving as they flee from deputies).
Stay professional. Stay accountable. Protect the badge.
For questions or more information on training opportunities, contact NIRMA’s Law Enforcement and Safety Specialist Todd Duncan at (402) 742-9220 or tduncan@nirma.info.
