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The Police Chief of Enumclaw has some shit to say...
DoogieMcDoogerson
Member Posts: 2,482
in Tug Tavern
This, like all things from the Left, won't end well.
Update from Mayor Jan Molinaro
Please read from Chief Floyd regarding recent new laws and police operations that were passed by the State Legislature this year.
House Bill 1054 – Requirements for tactics and equipment used by Peace Officers / Changes to Police vehicle pursuits
The Enumclaw Police Department prides itself on being transparent in our operations and we strive to provide the best possible service to our public.
To accomplish total transparency we are informing you of recent changes mandated by the State Legislature which will have a significant effect on police operations and may be confusing to the public. This bill takes effect on July 25, 2021.
Each year the Enumclaw Police Department participates in Emergency Vehicle Operations Course (EVOC) training. We gather with several other small King County agencies at Pacific Raceways to refresh and sharpen our skills at operating our emergency vehicles. This training includes high speed driving and decision making, a slow speed skills course, pursuit decision making (to include a mock pursuit) and stop stick deployment decision making.
Engaging in a vehicle pursuit is one of the most low frequency, but high liability and dangerous events a police officer may do during their career. Contrary to popular belief, a police pursuit is not a common occurrence and may only happen a handful of times throughout an Officer’s career. The decision to pursue a fleeing vehicle is a split second decision that needs to be made while incorporating numerous factors. These include: What is the crime the suspect is fleeing from? Does the need to apprehend the suspect immediately outweigh the public safety dangers of the pursuit? Is the suspect known to police? What are the roadway and traffic conditions? Do I have available backup officers to assist me? These factors are considered in a matter of seconds to determine whether to initiate the pursuit when the suspect has decided to flee, and are continually evaluated throughout the pursuit to decide whether or not to continue the pursuit or disengage.
During the recent legislative session HB 1054 was passed to create a state-wide pursuit policy. Up until now, individual agencies decided what their pursuit policy was, and pursuit policies varied
from jurisdiction to jurisdiction.
HB 1054 as passed by the Legislature changed the basic requirements of all police pursuits in Washington State. The new requirements and restrictions will curtail most, if not all police pursuits in this state.
Under HB 1054, an Officer is required to have probable cause that the driver has committed a violent felony before a pursuit can be initiated. The only exception to this limitation is a pursuit based on reasonable suspicion of driving under the influence (DUI).
“Reasonable suspicion” was the former benchmark, which is very different from the new “probable cause” requirement. The difference is…to further illustrate, consider this scenario: A father calls 911 to report his 12 year old daughter was just kidnapped out of his front yard. The suspect is described as a white male wearing a blue shirt, blue hat and driving a red truck that is speeding away northbound from the house. Officers are provided this information over the radio while responding to the call. Approaching officers encounter a red truck speeding away northbound from the location, driven by a white male wearing a blue shirt and blue hat. Officers attempt a traffic stop on that vehicle and the driver flees and begins to elude the police.
Under the new legislation, Officers would be prohibited from pursuing that vehicle, because they only have “reasonable suspicion” based on the information relayed from dispatch, and not “probable cause” that the driver of that vehicle committed the kidnapping. Officers would clearly have reasonable suspicion based on the totality of the circumstances such as the description, time, location and actions, but it is not probable cause as required by the new legislation. Officers would be forced to disengage and let the suspect vehicle flee, and attempt to track down the suspect and victim at a later time though further investigation.
Another restriction of HB 1054 requires an Officer to receive the approval of the “supervising officer” before initiating a pursuit. This is a “chicken-and-egg” scenario. When attempting to stop a suspect vehicle an officer activates their emergency overhead lights and siren to indicate to the driver to pull over. If a suspect is going to flee it is at this point the suspect will speed up and take evasive driving actions to attempt to elude. According to the intent of the legislative bill the Officer must disengage and contact their supervisor to articulate the probable cause and receive approval to pursue. By the time that conversation and decision making process has been completed, the suspect is now long gone.
The following is a partial list of crimes Police Officers will no longer be able to pursue for, even if they have probable cause:
• Hit and run of an unattended vehicle
• Unlawful possession of a firearm 1st or 2nd degree
• Theft of a firearm
• Domestic violence court order violation
• Possession of a stolen firearm
• Stalking
• Domestic violence assault 4th degree
• Hate crime offenses
• Residential burglary
• Threats to bomb
• Trafficking stolen property 1st degree
• Vehicular assault – non DUI
• Animal cruelty 1st degree
• Assault of a child 3rd degree
• Burglary 2nd degree
• Unlawful imprisonment
• Failure to register as a sex offender
• Malicious mischief (vandalism) 1st degree
• Possession of a stolen vehicle (regardless of the value of the stolen car)
• Theft 1st degree
• Reckless driving
Again, the above is only a partial list of crimes where Officers will be forced to let go the suspect if they attempt to flee a traffic stop. However, this does not mean Officers and Detectives will give up on these cases. They will continue to investigate through other means to bring justice for the victim and charges against the suspect.
The Enumclaw Police Department is committed to providing a safe and secure environment for our citizens and visitors to enjoy. We will continue to provide high quality service to our community within the parameters of the new legislation. I will be providing information in the coming weeks to educate further on the other public-facing changes in law enforcement you will see EPD Officers doing while we adapt to the new legislative directives.
If you would like to research this bill and read it in its entirety, it can be found here House Bill 1054.
If you want to comment on this bill, please follow this link: HB 1054 comment.
Thank you for your partnership in public safety.
Respectfully,
Chief Tim Floyd
Update from Mayor Jan Molinaro
Please read from Chief Floyd regarding recent new laws and police operations that were passed by the State Legislature this year.
House Bill 1054 – Requirements for tactics and equipment used by Peace Officers / Changes to Police vehicle pursuits
The Enumclaw Police Department prides itself on being transparent in our operations and we strive to provide the best possible service to our public.
To accomplish total transparency we are informing you of recent changes mandated by the State Legislature which will have a significant effect on police operations and may be confusing to the public. This bill takes effect on July 25, 2021.
Each year the Enumclaw Police Department participates in Emergency Vehicle Operations Course (EVOC) training. We gather with several other small King County agencies at Pacific Raceways to refresh and sharpen our skills at operating our emergency vehicles. This training includes high speed driving and decision making, a slow speed skills course, pursuit decision making (to include a mock pursuit) and stop stick deployment decision making.
Engaging in a vehicle pursuit is one of the most low frequency, but high liability and dangerous events a police officer may do during their career. Contrary to popular belief, a police pursuit is not a common occurrence and may only happen a handful of times throughout an Officer’s career. The decision to pursue a fleeing vehicle is a split second decision that needs to be made while incorporating numerous factors. These include: What is the crime the suspect is fleeing from? Does the need to apprehend the suspect immediately outweigh the public safety dangers of the pursuit? Is the suspect known to police? What are the roadway and traffic conditions? Do I have available backup officers to assist me? These factors are considered in a matter of seconds to determine whether to initiate the pursuit when the suspect has decided to flee, and are continually evaluated throughout the pursuit to decide whether or not to continue the pursuit or disengage.
During the recent legislative session HB 1054 was passed to create a state-wide pursuit policy. Up until now, individual agencies decided what their pursuit policy was, and pursuit policies varied
from jurisdiction to jurisdiction.
HB 1054 as passed by the Legislature changed the basic requirements of all police pursuits in Washington State. The new requirements and restrictions will curtail most, if not all police pursuits in this state.
Under HB 1054, an Officer is required to have probable cause that the driver has committed a violent felony before a pursuit can be initiated. The only exception to this limitation is a pursuit based on reasonable suspicion of driving under the influence (DUI).
“Reasonable suspicion” was the former benchmark, which is very different from the new “probable cause” requirement. The difference is…to further illustrate, consider this scenario: A father calls 911 to report his 12 year old daughter was just kidnapped out of his front yard. The suspect is described as a white male wearing a blue shirt, blue hat and driving a red truck that is speeding away northbound from the house. Officers are provided this information over the radio while responding to the call. Approaching officers encounter a red truck speeding away northbound from the location, driven by a white male wearing a blue shirt and blue hat. Officers attempt a traffic stop on that vehicle and the driver flees and begins to elude the police.
Under the new legislation, Officers would be prohibited from pursuing that vehicle, because they only have “reasonable suspicion” based on the information relayed from dispatch, and not “probable cause” that the driver of that vehicle committed the kidnapping. Officers would clearly have reasonable suspicion based on the totality of the circumstances such as the description, time, location and actions, but it is not probable cause as required by the new legislation. Officers would be forced to disengage and let the suspect vehicle flee, and attempt to track down the suspect and victim at a later time though further investigation.
Another restriction of HB 1054 requires an Officer to receive the approval of the “supervising officer” before initiating a pursuit. This is a “chicken-and-egg” scenario. When attempting to stop a suspect vehicle an officer activates their emergency overhead lights and siren to indicate to the driver to pull over. If a suspect is going to flee it is at this point the suspect will speed up and take evasive driving actions to attempt to elude. According to the intent of the legislative bill the Officer must disengage and contact their supervisor to articulate the probable cause and receive approval to pursue. By the time that conversation and decision making process has been completed, the suspect is now long gone.
The following is a partial list of crimes Police Officers will no longer be able to pursue for, even if they have probable cause:
• Hit and run of an unattended vehicle
• Unlawful possession of a firearm 1st or 2nd degree
• Theft of a firearm
• Domestic violence court order violation
• Possession of a stolen firearm
• Stalking
• Domestic violence assault 4th degree
• Hate crime offenses
• Residential burglary
• Threats to bomb
• Trafficking stolen property 1st degree
• Vehicular assault – non DUI
• Animal cruelty 1st degree
• Assault of a child 3rd degree
• Burglary 2nd degree
• Unlawful imprisonment
• Failure to register as a sex offender
• Malicious mischief (vandalism) 1st degree
• Possession of a stolen vehicle (regardless of the value of the stolen car)
• Theft 1st degree
• Reckless driving
Again, the above is only a partial list of crimes where Officers will be forced to let go the suspect if they attempt to flee a traffic stop. However, this does not mean Officers and Detectives will give up on these cases. They will continue to investigate through other means to bring justice for the victim and charges against the suspect.
The Enumclaw Police Department is committed to providing a safe and secure environment for our citizens and visitors to enjoy. We will continue to provide high quality service to our community within the parameters of the new legislation. I will be providing information in the coming weeks to educate further on the other public-facing changes in law enforcement you will see EPD Officers doing while we adapt to the new legislative directives.
If you would like to research this bill and read it in its entirety, it can be found here House Bill 1054.
If you want to comment on this bill, please follow this link: HB 1054 comment.
Thank you for your partnership in public safety.
Respectfully,
Chief Tim Floyd
Comments
https://www.thenewstribune.com/news/local/community/gateway/g-opinion/article252534363.html
In addition to the police pursuit law, he comments on other new laws our crack team of legislators enacted:
DRUG POSSESSION
In February, the Washington State Supreme Court issued a ruling (State v. Blake) that decriminalized drug possession. The Legislature’s response could have been to insert a missing word (“knowingly”) in the current statute, but instead attempted to shift toward a treatment-based approach with very little accountability from the suspect. Now, during the first two times an officer encounters a person with any quantity of illegal drugs (heroin, meth, cocaine included), the officer must simply refer the subject to rehabilitation services and send them on their way.
And what or where are those services? This remains unclear.
Only on the third incident can a drug-carrying suspect be arrested, — and then only on a misdemeanor charge for what once was a felony. This puts drug possession on par with failing to transfer the title on your vehicle. Additionally, there is no statewide system to track the number of times a person has been given a drug referral, so that third drug-possession incident might in fact be their tenth before they face even the lowest of criminal charges. This may even lessen the incentive to seek treatment.