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1 GREENBERG AND RUBY
INJURY ATTORNEYS, APC
2 EMILY A. RUBY – SBN 289433
eruby@caltrialpros.com
3 SERGIO R. CARDENAS – SNB 321239
scardenas@caltrialpros.com
4 6100 Wilshire Boulevard, Suite 1170
Los Angeles, California 90048
5 Tel. No.: (323) 782-0535
Fax No.: (323) 782-0543
6
Attorneys for Plaintiffs,
7 LOUIS MONTANO, JR.; LOUIE MONTANO III; and MICHAEL MONTANO
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF MONTEREY
10
LOUIS MONTANO, JR.; LOUIE Case No. 21CV003635
11 MONTANO III; AND MICHAEL (Consolidated with Case Nos. 22CV002531;
MONTANO, an individual 22CV003206; 22CV003261; 22CF003443 and
12 22CV003598)
Plaintiffs,
13 Assigned to: Hon. Carrie M. Panetta
v. Dept. 14
14
CITY OF SALINAS; GINO’S PLAINTIFFSS LOUIS MONTANO, JR.; LOUIE
15 RESTAURANT, INC.; GINO’S FINE MONTANO III; AND MICHAEL MONTANO’S
ITALIAN FOOD, INC.; BLFA PROPERTIES REQUEST TO TAKE JUDICIAL NOTICE
16 LLC; NTN PROPERTIES LLC; NGOCHAO
THI NGUYEN; RALPH BOZZO; ROSAURA [Filed Concurrently with Plaintiffs’ Memorandum of
17 ARCOS PANIAGUA; AUSTIN ALARCON; Points and Authorities; Plaintiffs’ Responsive Statement;
and DOES 1-35, Objections to Evidence; Declaration of Sergio R.
18 Cardenas, Esq.; Declaration of Scott DeFoe; and Index of
Defendants. Exhibits]
19
Hearing Date: August 4, 2023
20 Hearing Time: 8:30 AM
AND ALL RELATED CROSS-ACTIONS Department: 14
21
Complaint Filed: November 16, 2021
22 Trial Date: Vacated
23
24
25 TO THE COURT, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
26 Plaintiffs LOUIS MONTANO, JR.; LOUIE MONTANO III; and MICHAEL MONTANO hereby
27 requests that the court take judicial notice pursuant to Evidence Code, Sections 452 and 453 of the
28 following:
PLAINTIFFS LOUIS MONTANO, JR.; LOUIE MONTANO III; AND MICHAEL MONTANO’S REQUEST TO
TAKE JUDICIAL NOTICE
1 1. That the California Vehicle Code, Section 21055, a true and correct copy of which is
2 attached hereto as Exhibit A, was a Legislative Regulation at the time of the incident in question.
3 2. That the California Vehicle Code, Section 21056, a true and correct copy of which is
4 attached hereto as Exhibit B, was a Legislative Regulation at the time of the incident in question.
5 3. That the Salinas PD Policy Manual, Policy 314, a true and correct copy of which is attached
6 hereto as Exhibit C, was a Legislative Regulation at the time of the incident in question.
7 4. That the California Vehicle Code, Section 17004.7, a true and correct copy of which is
8 attached hereto as Exhibit D, was a Legislative Regulation at the time of the incident in question.
9 5. That the California Code of Regulations, Title 11, Section 1081, Minimum Standards for
10 Legislatively Mandated Courses, a true and correct copy of which is attached hereto as Exhibit E, was a
11 Legislative Regulation at the time of the incident in question.
12
13 DATED: July 21, 2023 GREENBERG AND RUBY
INJURY ATTORNEYS, APC
14
15
16 By: _____________________________________
EMILY A. RUBY
17 SERGIO R. CARDENAS
Attorneys for Plaintiffs,
18 LOUIS MONTANO, JR.; LOUIE
MONTANO III; AND MICHAEL
19
MONTANO
20
21
22
23
24
25
26
27
28
2
PLAINTIFFS LOUIS MONTANO, JR.; LOUIE MONTANO III; AND MICHAEL MONTANO’S REQUEST TO
TAKE JUDICIAL NOTICE
EXHIBIT A
EXHIBIT B
EXHIBIT C
Policy Salinas Police Department
314 Salinas PD Policy Manual
Vehicle Pursuits
314.1 PURPOSE AND SCOPE
Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk
of serious injury or death. The primary purpose of this policy is to provide officers with guidance
in balancing the safety of the public and themselves against law enforcement's duty to apprehend
violators of the law. Another purpose of this policy is to reduce the potential for pursuit-related
collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound
judgment. Officers must not forget that the immediate apprehension of a suspect is generally not
more important than the safety of the public and pursuing officers.
Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and
under difficult and unpredictable circumstances. In recognizing the potential risk to public safety
created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding
not to engage in a vehicular pursuit because of the risk involved. This includes circumstances
where department policy would permit the initiation or continuation of the pursuit. It is recognized
that vehicular pursuits are not always predictable and decisions made pursuant to this policy will
be evaluated according to the totality of the circumstances reasonably available at the time of
the pursuit.
Officers must remember that the most important factors to the successful conclusion of a pursuit
are proper self-discipline and sound professional judgment. Officer's conduct during the course
of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the
circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect at all costs
has no place in professional law enforcement.
314.1.1 VEHICLE PURSUIT DEFINED
A vehicle pursuit is an event involving one or more law enforcement officers attempting to
apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by using
high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or
driving in a legal manner but willfully failing to yield to an officer’s signal to stop.
314.2 OFFICER RESPONSIBILITIES
It shall be the policy of this Department that a motor vehicle pursuit shall be conducted only with
red light and siren as required by Vehicle Code § 21055 for exemption from compliance with the
rules of the road. The following policy is established to provide officers with guidelines for driving
with due regard and caution for the safety of all persons using the highway as required by Vehicle
Code § 21056.
314.2.1 WHEN TO INITIATE A PURSUIT
Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is
attempting to evade arrest or detention by fleeing in a vehicle.
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The following factors individually and collectively shall be considered in deciding whether to initiate
a pursuit:
(a) Seriousness of the known or reasonably suspected crime and its relationship to
community safety.
(b) The importance of protecting the public and balancing the known or reasonably
suspected offense and the apparent need for immediate capture against the risks to
officers, innocent motorists and others.
(c) Apparent nature of the fleeing suspects (e.g., whether the suspects represent a
serious threat to public safety).
(d) The identity of the suspects has been verified and there is comparatively minimal risk
in allowing the suspects to be apprehended at a later time.
(e) Safety of the public in the area of the pursuit, including the type of area, time of day,
the amount of vehicular and pedestrian traffic and the speed of the pursuit relative to
these factors.
(f) Pursuing officers familiarity with the area of the pursuit, the quality of radio
communications between the pursuing units and the dispatcher/supervisor and the
driving capabilities of the pursuing officers under the conditions of the pursuit.
(g) Weather, traffic and road conditions that substantially increase the danger of the
pursuit beyond the worth of apprehending the suspect.
(h) Performance capabilities of the vehicles used in the pursuit in relation to the speeds
and other conditions of the pursuit.
(i) Vehicle speeds.
(j) Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and
hostages).
(k) Availability of other resources such as helicopter assistance.
(l) The police unit is carrying passengers other than police officers. Pursuits should not
be undertaken with a prisoner in the police vehicle.
314.2.2 WHEN TO TERMINATE A PURSUIT
Pursuits should be discontinued whenever the totality of objective circumstances known or which
reasonably ought to be known to the officer or supervisor during the pursuit indicates that the
present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the
suspect’s escape.
The factors listed in When to Initiate a Pursuit of this policy are expressly included herein and will
apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers
and supervisors must objectively and continuously weigh the seriousness of the offense against
the potential danger to innocent motorists and themselves when electing to continue a pursuit. In
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Vehicle Pursuits
the context of this policy, the term “terminate” shall be construed to mean discontinue or to stop
chasing the fleeing vehicle.
In addition to the factors listed in When to Initiate a Pursuit of this policy, the following factors
should also be considered in deciding whether to terminate a pursuit:
(a) Distance between the pursuing officers and the fleeing vehicle is so great that further
pursuit would be futile or require the pursuit to continue for an unreasonable time and/
or distance.
(b) Pursued vehicle’s location is no longer definitely known.
(c) Officer’s pursuit vehicle sustains any type of damage that renders it unsafe to drive.
(d) Extended pursuits of violators for misdemeanors not involving violence or risk of
serious harm (independent of the pursuit) are discouraged.
(e) There are hazards to uninvolved bystanders or motorists.
(f) If the identity of the offender is known and it does not reasonably appear that the
need for immediate capture outweighs the risks associated with continuing the pursuit,
officers should strongly consider discontinuing the pursuit and apprehending the
offender at a later time.
(g) Pursuit is terminated by a supervisor.
314.2.3 SPEED LIMITS
The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and
supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety
and the safety of the occupants of the fleeing vehicle.
Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also
consider these factors when determining the reasonableness of the speed of the pursuit:
(a) Pursuit speeds have become unreasonably unsafe for the surrounding conditions.
(b) Pursuit speeds have exceeded the driving ability of the officer.
(c) Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its
operation unsafe.
314.3 PURSUIT UNITS
Pursuit units should be limited to three vehicles (two units and a supervisor); however, the number
of units involved will vary with the circumstances. An officer or supervisor may request additional
units to join a pursuit if, after assessing the factors outlined above, it appears that the number of
officers involved would be insufficient to safely arrest the suspects. All other officers should stay
out of the pursuit, but should remain alert to its progress and location. Any officer who drops out
of a pursuit may then, if necessary, proceed to the termination point at legal speeds, following the
appropriate rules of the road.
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314.3.1 MOTORCYCLE OFFICERS
Two distinctively marked patrol vehicles equipped with emergency lighting shall replace a police
motorcycle initiating or involved in a pursuit once two marked, four-wheel vehicles assume the
pursuit.
314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT
Vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit.
Officer(s) in such vehicles, however, may become involved in emergency activities involving
serious crimes or life threatening situations. A personal or undercover vehicle shall not be used
for a pursuit. The exemptions provided by Vehicle Code § 21055 do not apply to officers using
vehicles without emergency equipment.
314.3.3 PRIMARY UNIT RESPONSIBILITIES
The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for
the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator's
vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the
suspect(s) without unreasonable danger to themselves or other persons. The initiating unit will
notify County Communications that a vehicle pursuit has been initiated and as soon as practical
provide information including, but not limited to:
(a) The initiating unit's call sign
(b) Reason for the pursuit
(c) Location and direction of travel
(d) Speed of the fleeing vehicle
(e) Description of the fleeing vehicle and license number, if known
(f) Number of known occupants
(g) The identity or description of the known occupants
(h) Information concerning the use of firearms, threat of force, injuries, hostages, or other
unusual hazards
(i) The current conditions of weather, traffic, and roadway
Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be
responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances
indicate otherwise, and in order to concentrate on pursuit driving, the primary officer should
relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or
aircraft joining the pursuit. The unit with broadcasting responsibility for the pursuit should regularly
update the above information as practical and as needed.
314.3.4 SECONDARY UNITS RESPONSIBILITIES
The second officer in the pursuit is responsible for the following:
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(a) The officer in the secondary unit should immediately notify the dispatcher of entry into
the pursuit.
(b) Remain a safe distance behind the primary unit unless directed to assume the role of
primary officer, or if the primary unit is unable to continue the pursuit.
(c) The secondary officer should be responsible for broadcasting the progress of the
pursuit unless the situation indicates otherwise.
(d) It is prohibited for a unit to become involved in the pursuit without notifying County
Communications.
314.3.5 PURSUIT DRIVING TACTICS
The decision to use specific driving tactics requires the same assessment of considerations
outlined in the factors to be considered concerning pursuit initiation and termination. The following
are tactics for units involved in the pursuit:
(a) Officers, considering their driving skills and vehicle performance capabilities, will
space themselves from other involved vehicles such that they are able to see and
avoid hazards or react safely to maneuvers by the fleeing vehicle.
(b) Because intersections can present increased risks, the following tactics should be
considered:
1. Available units not directly involved in the pursuit may proceed safely to
controlled intersections ahead of the pursuit in an effort to warn cross traffic.
2. Pursuing units should exercise due caution when proceeding through controlled
intersections.
(c) As a general rule, officers should not pursue a vehicle driving left of center (wrong
way) on a freeway. In the event that the pursued vehicle does so, the following tactics
should be considered:
1. Requesting assistance from an air unit.
2. Maintaining visual contact with the pursued vehicle by paralleling it on the correct
side of the roadway.
3. Requesting other units to observe exits available to the suspects.
(d) Notifying the California Highway Patrol (CHP) and/or other jurisdictional agency if it
appears that the pursuit may enter their jurisdiction.
(e) Officers involved in a pursuit should not attempt to pass other units unless the situation
indicates otherwise or they are requested to do so by the primary unit.
314.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT
There should be no paralleling of the pursuit route. Officers are authorized to use emergency
equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian
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traffic to protect the public. Officers should remain in their assigned area and should not become
involved with the pursuit unless directed otherwise by a supervisor.
Non-pursuing personnel needed at the termination of the pursuit should respond in a non-
emergency manner, observing the rules of the road, unless directed otherwise by a supervisor.
The primary and secondary units should be the only units operating under emergency conditions
(red light and siren) unless other units are assigned to the pursuit.
314.3.7 PURSUIT TRAILING
In the event the initiating unit from this agency either relinquishes control of the pursuit to another
unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the
termination point in order to provide necessary information and assistance for the arrest of the
suspects.
The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws
and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing
unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of
participation in the pursuit.
314.3.8 AIRCRAFT ASSISTANCE
When available, aircraft assistance should be requested. Once the air unit has established visual
contact with the pursued vehicle, it should assume control over the pursuit. The primary and
secondary ground units should consider the participation of aircraft assistance when determining
whether to continue the pursuit.
The air unit should coordinate the activities of resources on the ground, report progress of the
pursuit and provide officers and supervisors with details of upcoming traffic congestion, road
hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If ground
units are not within visual contact and the air unit determines that it is unsafe to continue the
pursuit, the air unit has the authority to terminate the pursuit.
314.4 SUPERVISORY CONTROL AND RESPONSIBILITY
It is the policy of this department that available supervisory and management control will be
exercised over all vehicle pursuits involving officers from this department.
The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor
will be responsible for the following:
(a) Upon becoming aware of a pursuit, immediately ascertaining all reasonably available
information to continuously assess the situation and risk factors associated with the
pursuit in order to ensure that the pursuit is conducted within established department
guidelines.
(b) Engaging in the pursuit, when appropriate, to provide on-scene supervision.
(c) Exercising management and control of the pursuit even if not engaged in it.
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(d) Ensuring that no more than the number of required police units needed are involved
in the pursuit under the guidelines set forth in this policy.
(e) Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to
continue the pursuit under the guidelines of this policy.
(f) Ensuring that aircraft are requested if available.
(g) Ensuring that the proper radio channel is being used.
(h) Ensuring the notification and/or coordination of outside agencies if the pursuit either
leaves or is likely to leave the jurisdiction of this agency.
(i) Controlling and managing SPD units when a pursuit enters another jurisdiction.
(j) Preparing post-pursuit critique and analysis of the pursuit for training purposes.
314.4.1 WATCH COMMANDER RESPONSIBILITY
Upon becoming aware a pursuit has been initiated, the Watch Commander should monitor and
continually assess the situation and ensure the pursuit is conducted within the guidelines and
requirements of this policy. The Watch Commander has the final responsibility for the coordination,
control and termination of a motor vehicle pursuit and shall be in overall command.
The Watch Commander shall review all pertinent reports for content and forward to the Division
Chief.
314.5 COMMUNICATIONS
If the pursuit is confined within the City limits, radio communications will be conducted on the
primary channel unless instructed otherwise by a supervisor or communications dispatcher. If
the pursuit leaves the jurisdiction of this Department or such is imminent, involved units should,
whenever available, will switch radio communications to an emergency channel most accessible
by participating agencies and units.
314.5.1 LOSS OF PURSUED VEHICLE
When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist
other units in locating suspects. The primary unit will be responsible for coordinating any further
search for either the pursued vehicle or suspects fleeing on foot.
314.6 INTER-JURISDICTIONAL CONSIDERATIONS
When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking
into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should
determine whether to request the other agency to assume the pursuit. Unless entry into another
jurisdiction is expected to be brief, it is generally recommended that the primary officer or
supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is
reasonably expected to enter, regardless of whether such jurisdiction is expected to assist.
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314.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY
Units originally involved will discontinue the pursuit when advised another agency has assumed
the pursuit and assistance of the Salinas Police Department is no longer needed. Upon
discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a
supervisor, to the termination point to assist in the investigation.
The role and responsibilities of officers at the termination of a pursuit initiated by this Department
shall be coordinated with appropriate consideration of the units from the agency assuming the
pursuit.
Notification of a pursuit in progress should not be construed as a request to join the pursuit.
Requests to or from another agency to assume a pursuit should be specific. Because of
communication limitations between local agencies and CHP units, a request for CHP assistance
will mean that they will assume responsibilities for the pursuit. For the same reasons, when a
pursuit leaves the freeway and a request for assistance is made to this Department, the CHP
should relinquish control.
314.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION
The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this
Department should not join a pursuit unless specifically requested to do so by the agency whose
officers are in pursuit. The exception to this is when a single unit from the initiating agency is in
pursuit. Under this circumstance, a unit from this Department may join the pursuit until sufficient
units from the initiating agency join the pursuit. In either instance no Salinas Police Officer should
join another agency's pursuit unless directed to do so by a Salinas Police Department Supervisor.
When a request is made for this Department to assist or take over a pursuit from another agency
that has entered this jurisdiction, the supervisor should consider these additional following factors:
(a) Ability to maintain the pursuit.
(b) Circumstances serious enough to continue the pursuit.
(c) Adequate staffing to continue the pursuit.
(d) The public's safety within this jurisdiction.
(e) Safety of the pursuing officers.
As soon as practical, a supervisor or the Watch Commander should review a request for
assistance from another agency. The Watch Commander or supervisor, after consideration of the
above factors, may decline to assist in, or assume the other agency's pursuit.
Assistance to a pursuing allied agency by officers of this Department will terminate at the City
limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing
participation from this Department may continue only until sufficient assistance is present.
In the event that a pursuit from another agency terminates within this jurisdiction, officers shall
provide appropriate assistance to officers from the allied agency including, but not limited to, scene
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control, coordination and completion of supplemental reports and any other assistance requested
or needed.
314.7 PURSUIT INTERVENTION
Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in
a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT
(Pursuit Intervention Technique), ramming or roadblock procedures. In this context, ramming
shall be construed to mean maneuvering the police unit into contact with the pursued vehicle to
mechanically disable or forcibly position it such that further flight is not possible or practicable.
314.7.1 WHEN USE IS AUTHORIZED
Use of pursuit intervention/ prevention tactics should be employed only after approval of a
supervisor. In deciding whether to use intervention/prevention tactics, officers/supervisors should
balance the risks of allowing the pursuit to continue with the potential hazards arising from the use
of each tactic to the public, the officers and persons in or on the pursued vehicle. With these risks
in mind, the decision to use any intervention/ prevention tactic should be reasonable in light of the
circumstances confronting the officer at the time of the decision.
The "Rat Trap II" may be used on a parked vehicle when available information leads the officer
to believe a suspect may utilize the vehicle to escape. Incidents such as stolen vehicles, warrant
service and high-risk events are some of the situations when vehilce immobilization would be
desired. Use of the "Rat Trap II" during a routine traffic stop is an example of when its use would
not be appropriate.
It is imperative that officers act within the bounds of legality, good judgment and accepted
practices.
314.7.2 DEFINITIONS
Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more patrol
vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which
may be unaware of the impending enforcement stop, with the goal of containment and preventing
a pursuit. Blocking is not a moving or stationary road block.
Boxing-in - A tactic designed to stop a violator's vehicle by surrounding it with law enforcement
vehicles and then slowing all vehicles to a stop.
Pursuit Intervention Technique (PIT) - A low-speed maneuver designed to cause the suspect
vehicle to spin out and terminate the pursuit.
Ramming - The deliberate act of impacting a violator's vehicle with another vehicle to functionally
damage or otherwise force the violator's vehicle to stop.
Roadblocks - A tactic designed to stop a violator's vehicle by intentionally placing an emergency
vehicle or other immovable object in the path of the violator's vehicle.
Spikes or tack strips - A device that extends across the roadway designed to puncture the tires
of the pursued vehicle.
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Rat Trap II - A small, portable tire spiking system designed to be placed against the wheel(s) of
a stationary vehicle. Upon driving over the devise the affected tire(s) deflate quickly.
314.7.3 USE OF FIREARMS
The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves
all the dangers associated with discharging firearms. Officers should not utilize firearms during
an ongoing pursuit unless the conditions and circumstances dictate that such use reasonably
appears necessary to protect life. Nothing in this section shall be construed to prohibit any officer
from using a firearm to stop a suspect from using a vehicle as a deadly weapon.
314.7.4 INTERVENTION STANDARDS
Any pursuit intervention tactic, depending upon the conditions and circumstances under which
it is used, may present dangers to the officers, the public or anyone in or on the vehicle being
pursued. Certain applications of intervention tactics may be construed to be a use of deadly force
and subject to the requirements for such use. Officers shall consider these facts and requirements
prior to deciding how, when, where and if an intervention tactic should be employed.
(a) Blocking or vehicle intercept should only be considered in cases involving felony
suspects or impaired drivers who pose a threat to public safety when officers
reasonably believe that attempting a conventional enforcement stop will likely result
in the driver attempting to flee in the vehicle. Because of the potential risks involved,
this technique should only be employed by officers who have received training in such
tactics after giving consideration to the following:
1. The need to immediately stop the suspect vehicle or prevent it from leaving
substantially outweighs the risks of injury or death to occupants of the suspect
vehicle, officers, or other members of the public.
2. All other reasonable intervention techniques have failed or reasonably appear
ineffective.
3. Employing the blocking maneuver does not unreasonably increase the risk to
officer safety.
4. The target vehicle is stopped or traveling at a low speed.
5. At no time should civilian vehicles be used to deploy this technique.
(b) Only those officers trained in the use of the Pursuit Intervention Technique (PIT) will
be authorized to use this procedure and only then with approval of a supervisor upon
consideration of the circumstances and conditions presented at the time, including the
potential for risk of injury to officers, the public and occupants of the pursued vehicle.
(c) Ramming a fleeing vehicle should be done only after other reasonable tactical means
at the officer's disposal have been exhausted. This tactic should be reserved for
situations where there does not appear to be another reasonable alternative method.
This policy is an administrative guide to direct officers in their decision-making process
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before ramming another vehicle. When ramming is used as a means to stop a fleeing
vehicle, one or more of the following factors should be present:
1. The suspect is an actual or suspected felon who reasonably appears to
represent a serious threat to the public if not apprehended.
2. The suspect is driving with willful or wanton disregard for the safety of other
persons or is driving in a reckless and life-endangering manner.
3. If there does not reasonably appear to be a present or immediately foreseeable
serious threat to the public, the use of ramming is not authorized.
(d) As with all intervention techniques, pursuing officers should obtain supervisor
approval before attempting to box a suspect vehicle during a pursuit. The use of
such a technique must be carefully coordinated with all involved units, taking into
consideration the circumstances and conditions presented at the time as well as the
potential risk of injury to officers, the public and occupants of the pursued vehicle.
(e) The use of spike strips should be approved in advance by a supervisor and deployed
only when it is reasonably certain that only the pursued vehicle will be affected by
their use. Officers should carefully consider the limitations of such devices as well
as the potential risks to officers, the public and occupants of the pursued vehicle. If
the pursued vehicle is a motorcycle, a vehicle transporting hazardous materials, or a
school bus transporting children, officers and supervisors should weigh the potential
consequences against the need to immediately stop the vehicle.
(f) Because roadblocks involve a potential for serious injury or death to occupants of the
pursued vehicle if the suspect does not stop, the intentional placement of roadblocks
in the direct path of a pursued vehicle is generally discouraged and should not be
deployed without prior approval of a supervisor and only then under extraordinary
conditions when all other reasonable intervention techniques have failed or reasonably
appear ineffective and the need to immediately stop the pursued vehicle substantially
outweighs the risks of injury or death to occupants of the pursued vehicle, officers or
other members of the public.
314.7.5 CAPTURE OF SUSPECTS
Proper self-discipline and sound professional judgment are the keys to a successful conclusion
of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force,
which reasonably appears necessary under the circumstances, to properly perform their lawful
duties.
Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the
suspects following the pursuit. Officers should consider safety of the public and the involved
officers when formulating plans to contain and capture the suspects.
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Vehicle Pursuits
314.8 REPORTING REQUIREMENTS
The following reports should be completed upon conclusion of all pursuits:
(a) The primary officer should complete appropriate crime/arrest reports.
(b) The Watch Commander shall ensure that an Allied Agency Vehicle Pursuit Report
(form CHP 187A) is filed with the CHP not later than 30 days following the pursuit
(Vehicle Code § 14602.1). The primary officer should complete as much of the required
information on the form as is known and forward the report to the Watch Commander
for review and distribution.
(c) After first obtaining the available information, a field supervisor shall promptly complete
a Supervisor's Log, briefly summarizing the pursuit, and submit it to his/her manager.
This log should minimally contain the following information:
1. Date and time of pursuit
2. Length of pursuit
3. Involved units and officers
4. Initial reason for pursuit
5. Starting and termination points
6. Disposition (arrest, citation), including arrestee information if applicable
7. Injuries and/or property damage
8. Medical treatment
9. Name of supervisor at scene
10. A preliminary determination whether the pursuit appears to be in compliance
with this policy and whether additional review or follow-up is warranted
314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING
In addition to initial and supplementary POST training on pursuits required by Penal Code §
13519.8, all sworn members of this Department will participate no less than annually in regular
and periodic Department training addressing this policy and the importance of vehicle safety and
protecting the public at all times, including a recognition of the need to balance the known offense
and the need for immediate capture against the risks to officers and others. (Vehicle Code §
17004.7(d)).
314.8.2 POLICY REVIEW
Each sworn member of this department shall certify in writing that they have received, read and
understand this policy initially and upon any amendments. The POST attestation form, or an
equivalent form, may be used to document the compliance and should be retained in the member’s
training file.
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314.9 APPLICATION OF VEHICLE PURSUIT POLICY
This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7,
with additional input from the POST Vehicle Pursuit Guidelines.
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EXHIBIT D
EXHIBIT E
California Code of Regulations
Home Table of Contents
§ 1081. Minimum Standards for Legislatively Mandated Courses.
11 CA ADC § 1081
Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 3. Regulatory Procedures
11 CCR § 1081
§ 1081. Minimum Standards for Legislatively Mandated Courses.
Currentness
(a) Legislatively mandated courses, as specified in Commission Regulation 1005(f), pertain to training mandated by the Legislature
for various kinds of peace officers and other groups for which the Commission has responsibility to establish minimum standards.
The Commission may approve legislatively mandated courses that can be completed in fewer than the minimum hours. In such
cases, the courses must be competency-based, where each student demonstrates mastery of clearly specified learning outcomes.
Legislatively mandated courses shall meet the following minimum content and hours. Commission Regulations 1052-1056, and 1059
specify the requirements for certification and presentation of these courses.
Credit for legislatively mandated courses that can be completed in fewer hours when using technology-based delivery (i.e.,
interactive multimedia) will be the same number of hours credited for a traditional instructor-led course. Testing is required to
demonstrate competency.
Alcoholic Beverage Control (ABC) -- 160 Hours Narcotic Enforcement (Business and Professions Code section 25755)
Narcotics Investigation Course -- 80 Hours*
(1) Role and Responsibility of School Police in Campus Communities
(2) Laws and Liability/Mandated Reporting Requirements
(3) De-escalation Skills/Conflict Resolution
(4) Dynamics of Student Development
(5) Principled Policing & Problem Solving
(6) Operational Awareness in the Educational Environment
(7) Emergency Operations
(8) Informants
(9) Officer Safety
(10) Entry and Search Techniques
(11) Undercover Techniques
(12) Smuggling
(13) Investigative Resources
(14) Examination
*This course may be satisfied by completion of the 80-hour, POST-certified course presented as a single training course, or by
completion of two or more POST-certified courses (totaling a minimum of 80 hours) which include the above curriculum.
ABC Narcotics Investigation Field Training Program -- 80 Hours
ABC Investigators are required to complete an 80-hour field training program on narcotics investigation that includes on-the-job
instruction and hands-on experience associated with all content areas of the Narcotics Investigation Course. Field training shall be
conducted under the supervision of investigators selected by ABC. Investigators selected may be either ABC investigators or
investigators employed by local police or sheriff's departments. Investigators selected must possess a POST Basic Certificate and
have completed at least one year of experience as a full-time narcotics investigator. ABC shall maintain records that individual ABC
investigators have completed this field training.
Anti-Reproductive Rights Crimes -- 2 Hours (Penal
Penal Code section 13778)
(1) Identification of Essential Elements of ARRC Crimes
(2) Recognition of Anti-abortion Extremists
(3) Investigation of Incidents
(4) Development of and Sharing of Intelligence to Prevent Crimes
(5) Protection of the Rights of Protestors and Victims
(6) Compliance with Reporting Requirements
Arrest and Firearms -- 64 Hours (Penal
Penal Code section 832) (Certified course; requirement satisfied by Basic Course.) Refer to
Commission Procedure D-1
Aviation Security -- 40 Hours (Penal
Penal Code section 832.1) (Certified Course)
(1) Introduction and Background
(2) Introduction to the Airport Environment -- Overview
(3) Criminal Threat to the Aviation Industry
(4) Agencies and Jurisdictions
(5) Legal Aspects of Aviation Security
(6) Law Enforcement Officer Responsibilities
(7) Human Behavior Consideration
(8) Airfield Operations
(9) Presenter-developed Test
Basic (Regular) (Penal
Penal Code section 832.3) (Certified Course) Refer to Commission Procedure D-1
Basic Course for Response Personnel (SEMS/NIMS/ICS) -- 8 Hours
(1) Course Overview and Objectives
(2) Introduction to the Standardized Emergency Management System (SEMS) and the National Incident Management System
(NIMS)
(3) The Incident Command System (ICS)
(4) SEMS/NIMS Multi-agency Coordination Systems
(5) Incident Action Planning
(6) Resource Management
(7) Mutual Aid
(8) Transfer of Command/Demobilization
Baton/Impact Weapon Training for County Sheriff or Police Security Officers -- 8 Hours (Penal
Penal Code section 831.4)
(1) Legal and Ethical Aspects of Force
(2) Baton/Impact Weapon Familiarization and Uses of Impact Weapons
(3) First Aid for Baton/Impact Weapon Injuries
(4) Practical -- Techniques
Campus Law Enforcement Course -- 40 hours
(1) Role and Responsibility of School Police in Campus Communities
(2) Laws and Liability/Mandat
Preview
1 GREENBERG AND RUBY INJURY ATTORNEYS, APC 2 EMILY A. RUBY – SBN 289433 eruby@caltrialpros.com 3 SERGIO R. CARDENAS – SNB 321239 scardenas@caltrialpros.com 4 6100 Wilshire Boulevard, Suite 1170 Los Angeles, California 90048 5 Tel. No.: (323) 782-0535 Fax No.: (323) 782-0543 6 Attorneys for Plaintiffs, 7 LOUIS MONTANO, JR.; LOUIE MONTANO III; and MICHAEL MONTANO 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 LOUIS MONTANO, JR.; LOUIE Case No. 21CV003635 11 MONTANO III; AND MICHAEL (Consolidated with Case Nos. 22CV002531; MONTANO, an individual 22CV003206; 22CV003261; 22CF003443 and 12 22CV003598) Plaintiffs, 13 Assigned to: Hon. Carrie M. Panetta v. Dept. 14 14 CITY OF SALINAS; GINO’S PLAINTIFFSS LOUIS MONTANO, JR.; LOUIE 15 RESTAURANT, INC.; GINO’S FINE MONTANO III; AND MICHAEL MONTANO’S ITALIAN FOOD, INC.; BLFA PROPERTIES REQUEST TO TAKE JUDICIAL NOTICE 16 LLC; NTN PROPERTIES LLC; NGOCHAO THI NGUYEN; RALPH BOZZO; ROSAURA [Filed Concurrently with Plaintiffs’ Memorandum of 17 ARCOS PANIAGUA; AUSTIN ALARCON; Points and Authorities; Plaintiffs’ Responsive Statement; and DOES 1-35, Objections to Evidence; Declaration of Sergio R. 18 Cardenas, Esq.; Declaration of Scott DeFoe; and Index of Defendants. Exhibits] 19 Hearing Date: August 4, 2023 20 Hearing Time: 8:30 AM AND ALL RELATED CROSS-ACTIONS Department: 14 21 Complaint Filed: November 16, 2021 22 Trial Date: Vacated 23 24 25 TO THE COURT, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 26 Plaintiffs LOUIS MONTANO, JR.; LOUIE MONTANO III; and MICHAEL MONTANO hereby 27 requests that the court take judicial notice pursuant to Evidence Code, Sections 452 and 453 of the 28 following: PLAINTIFFS LOUIS MONTANO, JR.; LOUIE MONTANO III; AND MICHAEL MONTANO’S REQUEST TO TAKE JUDICIAL NOTICE 1 1. That the California Vehicle Code, Section 21055, a true and correct copy of which is 2 attached hereto as Exhibit A, was a Legislative Regulation at the time of the incident in question. 3 2. That the California Vehicle Code, Section 21056, a true and correct copy of which is 4 attached hereto as Exhibit B, was a Legislative Regulation at the time of the incident in question. 5 3. That the Salinas PD Policy Manual, Policy 314, a true and correct copy of which is attached 6 hereto as Exhibit C, was a Legislative Regulation at the time of the incident in question. 7 4. That the California Vehicle Code, Section 17004.7, a true and correct copy of which is 8 attached hereto as Exhibit D, was a Legislative Regulation at the time of the incident in question. 9 5. That the California Code of Regulations, Title 11, Section 1081, Minimum Standards for 10 Legislatively Mandated Courses, a true and correct copy of which is attached hereto as Exhibit E, was a 11 Legislative Regulation at the time of the incident in question. 12 13 DATED: July 21, 2023 GREENBERG AND RUBY INJURY ATTORNEYS, APC 14 15 16 By: _____________________________________ EMILY A. RUBY 17 SERGIO R. CARDENAS Attorneys for Plaintiffs, 18 LOUIS MONTANO, JR.; LOUIE MONTANO III; AND MICHAEL 19 MONTANO 20 21 22 23 24 25 26 27 28 2 PLAINTIFFS LOUIS MONTANO, JR.; LOUIE MONTANO III; AND MICHAEL MONTANO’S REQUEST TO TAKE JUDICIAL NOTICE EXHIBIT A EXHIBIT B EXHIBIT C Policy Salinas Police Department 314 Salinas PD Policy Manual Vehicle Pursuits 314.1 PURPOSE AND SCOPE Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to reduce the potential for pursuit-related collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound judgment. Officers must not forget that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing officers. Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and under difficult and unpredictable circumstances. In recognizing the potential risk to public safety created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicular pursuit because of the risk involved. This includes circumstances where department policy would permit the initiation or continuation of the pursuit. It is recognized that vehicular pursuits are not always predictable and decisions made pursuant to this policy will be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit. Officers must remember that the most important factors to the successful conclusion of a pursuit are proper self-discipline and sound professional judgment. Officer's conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect at all costs has no place in professional law enforcement. 314.1.1 VEHICLE PURSUIT DEFINED A vehicle pursuit is an event involving one or more law enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to an officer’s signal to stop. 314.2 OFFICER RESPONSIBILITIES It shall be the policy of this Department that a motor vehicle pursuit shall be conducted only with red light and siren as required by Vehicle Code § 21055 for exemption from compliance with the rules of the road. The following policy is established to provide officers with guidelines for driving with due regard and caution for the safety of all persons using the highway as required by Vehicle Code § 21056. 314.2.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is attempting to evade arrest or detention by fleeing in a vehicle. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 96 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits The following factors individually and collectively shall be considered in deciding whether to initiate a pursuit: (a) Seriousness of the known or reasonably suspected crime and its relationship to community safety. (b) The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others. (c) Apparent nature of the fleeing suspects (e.g., whether the suspects represent a serious threat to public safety). (d) The identity of the suspects has been verified and there is comparatively minimal risk in allowing the suspects to be apprehended at a later time. (e) Safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic and the speed of the pursuit relative to these factors. (f) Pursuing officers familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher/supervisor and the driving capabilities of the pursuing officers under the conditions of the pursuit. (g) Weather, traffic and road conditions that substantially increase the danger of the pursuit beyond the worth of apprehending the suspect. (h) Performance capabilities of the vehicles used in the pursuit in relation to the speeds and other conditions of the pursuit. (i) Vehicle speeds. (j) Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and hostages). (k) Availability of other resources such as helicopter assistance. (l) The police unit is carrying passengers other than police officers. Pursuits should not be undertaken with a prisoner in the police vehicle. 314.2.2 WHEN TO TERMINATE A PURSUIT Pursuits should be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape. The factors listed in When to Initiate a Pursuit of this policy are expressly included herein and will apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists and themselves when electing to continue a pursuit. In Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 97 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits the context of this policy, the term “terminate” shall be construed to mean discontinue or to stop chasing the fleeing vehicle. In addition to the factors listed in When to Initiate a Pursuit of this policy, the following factors should also be considered in deciding whether to terminate a pursuit: (a) Distance between the pursuing officers and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time and/ or distance. (b) Pursued vehicle’s location is no longer definitely known. (c) Officer’s pursuit vehicle sustains any type of damage that renders it unsafe to drive. (d) Extended pursuits of violators for misdemeanors not involving violence or risk of serious harm (independent of the pursuit) are discouraged. (e) There are hazards to uninvolved bystanders or motorists. (f) If the identity of the offender is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. (g) Pursuit is terminated by a supervisor. 314.2.3 SPEED LIMITS The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety and the safety of the occupants of the fleeing vehicle. Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also consider these factors when determining the reasonableness of the speed of the pursuit: (a) Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b) Pursuit speeds have exceeded the driving ability of the officer. (c) Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its operation unsafe. 314.3 PURSUIT UNITS Pursuit units should be limited to three vehicles (two units and a supervisor); however, the number of units involved will vary with the circumstances. An officer or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the suspects. All other officers should stay out of the pursuit, but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the termination point at legal speeds, following the appropriate rules of the road. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 98 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits 314.3.1 MOTORCYCLE OFFICERS Two distinctively marked patrol vehicles equipped with emergency lighting shall replace a police motorcycle initiating or involved in a pursuit once two marked, four-wheel vehicles assume the pursuit. 314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit. Officer(s) in such vehicles, however, may become involved in emergency activities involving serious crimes or life threatening situations. A personal or undercover vehicle shall not be used for a pursuit. The exemptions provided by Vehicle Code § 21055 do not apply to officers using vehicles without emergency equipment. 314.3.3 PRIMARY UNIT RESPONSIBILITIES The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator's vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspect(s) without unreasonable danger to themselves or other persons. The initiating unit will notify County Communications that a vehicle pursuit has been initiated and as soon as practical provide information including, but not limited to: (a) The initiating unit's call sign (b) Reason for the pursuit (c) Location and direction of travel (d) Speed of the fleeing vehicle (e) Description of the fleeing vehicle and license number, if known (f) Number of known occupants (g) The identity or description of the known occupants (h) Information concerning the use of firearms, threat of force, injuries, hostages, or other unusual hazards (i) The current conditions of weather, traffic, and roadway Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances indicate otherwise, and in order to concentrate on pursuit driving, the primary officer should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or aircraft joining the pursuit. The unit with broadcasting responsibility for the pursuit should regularly update the above information as practical and as needed. 314.3.4 SECONDARY UNITS RESPONSIBILITIES The second officer in the pursuit is responsible for the following: Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 99 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits (a) The officer in the secondary unit should immediately notify the dispatcher of entry into the pursuit. (b) Remain a safe distance behind the primary unit unless directed to assume the role of primary officer, or if the primary unit is unable to continue the pursuit. (c) The secondary officer should be responsible for broadcasting the progress of the pursuit unless the situation indicates otherwise. (d) It is prohibited for a unit to become involved in the pursuit without notifying County Communications. 314.3.5 PURSUIT DRIVING TACTICS The decision to use specific driving tactics requires the same assessment of considerations outlined in the factors to be considered concerning pursuit initiation and termination. The following are tactics for units involved in the pursuit: (a) Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. (b) Because intersections can present increased risks, the following tactics should be considered: 1. Available units not directly involved in the pursuit may proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic. 2. Pursuing units should exercise due caution when proceeding through controlled intersections. (c) As a general rule, officers should not pursue a vehicle driving left of center (wrong way) on a freeway. In the event that the pursued vehicle does so, the following tactics should be considered: 1. Requesting assistance from an air unit. 2. Maintaining visual contact with the pursued vehicle by paralleling it on the correct side of the roadway. 3. Requesting other units to observe exits available to the suspects. (d) Notifying the California Highway Patrol (CHP) and/or other jurisdictional agency if it appears that the pursuit may enter their jurisdiction. (e) Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise or they are requested to do so by the primary unit. 314.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 100 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor. Non-pursuing personnel needed at the termination of the pursuit should respond in a non- emergency manner, observing the rules of the road, unless directed otherwise by a supervisor. The primary and secondary units should be the only units operating under emergency conditions (red light and siren) unless other units are assigned to the pursuit. 314.3.7 PURSUIT TRAILING In the event the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance for the arrest of the suspects. The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. 314.3.8 AIRCRAFT ASSISTANCE When available, aircraft assistance should be requested. Once the air unit has established visual contact with the pursued vehicle, it should assume control over the pursuit. The primary and secondary ground units should consider the participation of aircraft assistance when determining whether to continue the pursuit. The air unit should coordinate the activities of resources on the ground, report progress of the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If ground units are not within visual contact and the air unit determines that it is unsafe to continue the pursuit, the air unit has the authority to terminate the pursuit. 314.4 SUPERVISORY CONTROL AND RESPONSIBILITY It is the policy of this department that available supervisory and management control will be exercised over all vehicle pursuits involving officers from this department. The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for the following: (a) Upon becoming aware of a pursuit, immediately ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit in order to ensure that the pursuit is conducted within established department guidelines. (b) Engaging in the pursuit, when appropriate, to provide on-scene supervision. (c) Exercising management and control of the pursuit even if not engaged in it. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 101 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits (d) Ensuring that no more than the number of required police units needed are involved in the pursuit under the guidelines set forth in this policy. (e) Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to continue the pursuit under the guidelines of this policy. (f) Ensuring that aircraft are requested if available. (g) Ensuring that the proper radio channel is being used. (h) Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this agency. (i) Controlling and managing SPD units when a pursuit enters another jurisdiction. (j) Preparing post-pursuit critique and analysis of the pursuit for training purposes. 314.4.1 WATCH COMMANDER RESPONSIBILITY Upon becoming aware a pursuit has been initiated, the Watch Commander should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Watch Commander has the final responsibility for the coordination, control and termination of a motor vehicle pursuit and shall be in overall command. The Watch Commander shall review all pertinent reports for content and forward to the Division Chief. 314.5 COMMUNICATIONS If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or communications dispatcher. If the pursuit leaves the jurisdiction of this Department or such is imminent, involved units should, whenever available, will switch radio communications to an emergency channel most accessible by participating agencies and units. 314.5.1 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating suspects. The primary unit will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. 314.6 INTER-JURISDICTIONAL CONSIDERATIONS When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should determine whether to request the other agency to assume the pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally recommended that the primary officer or supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 102 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits 314.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Units originally involved will discontinue the pursuit when advised another agency has assumed the pursuit and assistance of the Salinas Police Department is no longer needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a supervisor, to the termination point to assist in the investigation. The role and responsibilities of officers at the termination of a pursuit initiated by this Department shall be coordinated with appropriate consideration of the units from the agency assuming the pursuit. Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific. Because of communication limitations between local agencies and CHP units, a request for CHP assistance will mean that they will assume responsibilities for the pursuit. For the same reasons, when a pursuit leaves the freeway and a request for assistance is made to this Department, the CHP should relinquish control. 314.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this Department should not join a pursuit unless specifically requested to do so by the agency whose officers are in pursuit. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a unit from this Department may join the pursuit until sufficient units from the initiating agency join the pursuit. In either instance no Salinas Police Officer should join another agency's pursuit unless directed to do so by a Salinas Police Department Supervisor. When a request is made for this Department to assist or take over a pursuit from another agency that has entered this jurisdiction, the supervisor should consider these additional following factors: (a) Ability to maintain the pursuit. (b) Circumstances serious enough to continue the pursuit. (c) Adequate staffing to continue the pursuit. (d) The public's safety within this jurisdiction. (e) Safety of the pursuing officers. As soon as practical, a supervisor or the Watch Commander should review a request for assistance from another agency. The Watch Commander or supervisor, after consideration of the above factors, may decline to assist in, or assume the other agency's pursuit. Assistance to a pursuing allied agency by officers of this Department will terminate at the City limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing participation from this Department may continue only until sufficient assistance is present. In the event that a pursuit from another agency terminates within this jurisdiction, officers shall provide appropriate assistance to officers from the allied agency including, but not limited to, scene Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 103 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits control, coordination and completion of supplemental reports and any other assistance requested or needed. 314.7 PURSUIT INTERVENTION Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT (Pursuit Intervention Technique), ramming or roadblock procedures. In this context, ramming shall be construed to mean maneuvering the police unit into contact with the pursued vehicle to mechanically disable or forcibly position it such that further flight is not possible or practicable. 314.7.1 WHEN USE IS AUTHORIZED Use of pursuit intervention/ prevention tactics should be employed only after approval of a supervisor. In deciding whether to use intervention/prevention tactics, officers/supervisors should balance the risks of allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the public, the officers and persons in or on the pursued vehicle. With these risks in mind, the decision to use any intervention/ prevention tactic should be reasonable in light of the circumstances confronting the officer at the time of the decision. The "Rat Trap II" may be used on a parked vehicle when available information leads the officer to believe a suspect may utilize the vehicle to escape. Incidents such as stolen vehicles, warrant service and high-risk events are some of the situations when vehilce immobilization would be desired. Use of the "Rat Trap II" during a routine traffic stop is an example of when its use would not be appropriate. It is imperative that officers act within the bounds of legality, good judgment and accepted practices. 314.7.2 DEFINITIONS Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more patrol vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop, with the goal of containment and preventing a pursuit. Blocking is not a moving or stationary road block. Boxing-in - A tactic designed to stop a violator's vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop. Pursuit Intervention Technique (PIT) - A low-speed maneuver designed to cause the suspect vehicle to spin out and terminate the pursuit. Ramming - The deliberate act of impacting a violator's vehicle with another vehicle to functionally damage or otherwise force the violator's vehicle to stop. Roadblocks - A tactic designed to stop a violator's vehicle by intentionally placing an emergency vehicle or other immovable object in the path of the violator's vehicle. Spikes or tack strips - A device that extends across the roadway designed to puncture the tires of the pursued vehicle. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 104 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits Rat Trap II - A small, portable tire spiking system designed to be placed against the wheel(s) of a stationary vehicle. Upon driving over the devise the affected tire(s) deflate quickly. 314.7.3 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging firearms. Officers should not utilize firearms during an ongoing pursuit unless the conditions and circumstances dictate that such use reasonably appears necessary to protect life. Nothing in this section shall be construed to prohibit any officer from using a firearm to stop a suspect from using a vehicle as a deadly weapon. 314.7.4 INTERVENTION STANDARDS Any pursuit intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public or anyone in or on the vehicle being pursued. Certain applications of intervention tactics may be construed to be a use of deadly force and subject to the requirements for such use. Officers shall consider these facts and requirements prior to deciding how, when, where and if an intervention tactic should be employed. (a) Blocking or vehicle intercept should only be considered in cases involving felony suspects or impaired drivers who pose a threat to public safety when officers reasonably believe that attempting a conventional enforcement stop will likely result in the driver attempting to flee in the vehicle. Because of the potential risks involved, this technique should only be employed by officers who have received training in such tactics after giving consideration to the following: 1. The need to immediately stop the suspect vehicle or prevent it from leaving substantially outweighs the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public. 2. All other reasonable intervention techniques have failed or reasonably appear ineffective. 3. Employing the blocking maneuver does not unreasonably increase the risk to officer safety. 4. The target vehicle is stopped or traveling at a low speed. 5. At no time should civilian vehicles be used to deploy this technique. (b) Only those officers trained in the use of the Pursuit Intervention Technique (PIT) will be authorized to use this procedure and only then with approval of a supervisor upon consideration of the circumstances and conditions presented at the time, including the potential for risk of injury to officers, the public and occupants of the pursued vehicle. (c) Ramming a fleeing vehicle should be done only after other reasonable tactical means at the officer's disposal have been exhausted. This tactic should be reserved for situations where there does not appear to be another reasonable alternative method. This policy is an administrative guide to direct officers in their decision-making process Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 105 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits before ramming another vehicle. When ramming is used as a means to stop a fleeing vehicle, one or more of the following factors should be present: 1. The suspect is an actual or suspected felon who reasonably appears to represent a serious threat to the public if not apprehended. 2. The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and life-endangering manner. 3. If there does not reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized. (d) As with all intervention techniques, pursuing officers should obtain supervisor approval before attempting to box a suspect vehicle during a pursuit. The use of such a technique must be carefully coordinated with all involved units, taking into consideration the circumstances and conditions presented at the time as well as the potential risk of injury to officers, the public and occupants of the pursued vehicle. (e) The use of spike strips should be approved in advance by a supervisor and deployed only when it is reasonably certain that only the pursued vehicle will be affected by their use. Officers should carefully consider the limitations of such devices as well as the potential risks to officers, the public and occupants of the pursued vehicle. If the pursued vehicle is a motorcycle, a vehicle transporting hazardous materials, or a school bus transporting children, officers and supervisors should weigh the potential consequences against the need to immediately stop the vehicle. (f) Because roadblocks involve a potential for serious injury or death to occupants of the pursued vehicle if the suspect does not stop, the intentional placement of roadblocks in the direct path of a pursued vehicle is generally discouraged and should not be deployed without prior approval of a supervisor and only then under extraordinary conditions when all other reasonable intervention techniques have failed or reasonably appear ineffective and the need to immediately stop the pursued vehicle substantially outweighs the risks of injury or death to occupants of the pursued vehicle, officers or other members of the public. 314.7.5 CAPTURE OF SUSPECTS Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force, which reasonably appears necessary under the circumstances, to properly perform their lawful duties. Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the suspects following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans to contain and capture the suspects. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 106 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits 314.8 REPORTING REQUIREMENTS The following reports should be completed upon conclusion of all pursuits: (a) The primary officer should complete appropriate crime/arrest reports. (b) The Watch Commander shall ensure that an Allied Agency Vehicle Pursuit Report (form CHP 187A) is filed with the CHP not later than 30 days following the pursuit (Vehicle Code § 14602.1). The primary officer should complete as much of the required information on the form as is known and forward the report to the Watch Commander for review and distribution. (c) After first obtaining the available information, a field supervisor shall promptly complete a Supervisor's Log, briefly summarizing the pursuit, and submit it to his/her manager. This log should minimally contain the following information: 1. Date and time of pursuit 2. Length of pursuit 3. Involved units and officers 4. Initial reason for pursuit 5. Starting and termination points 6. Disposition (arrest, citation), including arrestee information if applicable 7. Injuries and/or property damage 8. Medical treatment 9. Name of supervisor at scene 10. A preliminary determination whether the pursuit appears to be in compliance with this policy and whether additional review or follow-up is warranted 314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary POST training on pursuits required by Penal Code § 13519.8, all sworn members of this Department will participate no less than annually in regular and periodic Department training addressing this policy and the importance of vehicle safety and protecting the public at all times, including a recognition of the need to balance the known offense and the need for immediate capture against the risks to officers and others. (Vehicle Code § 17004.7(d)). 314.8.2 POLICY REVIEW Each sworn member of this department shall certify in writing that they have received, read and understand this policy initially and upon any amendments. The POST attestation form, or an equivalent form, may be used to document the compliance and should be retained in the member’s training file. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 107 Published with permission by Salinas Police Department Salinas Police Department Salinas PD Policy Manual Vehicle Pursuits 314.9 APPLICATION OF VEHICLE PURSUIT POLICY This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines. Copyright Lexipol, LLC 2020/08/10, All Rights Reserved. Vehicle Pursuits - 108 Published with permission by Salinas Police Department EXHIBIT D EXHIBIT E California Code of Regulations Home Table of Contents § 1081. Minimum Standards for Legislatively Mandated Courses. 11 CA ADC § 1081 Barclays Official California Code of Regulations Barclays California Code of Regulations Title 11. Law Division 2. Commission on Peace Officer Standards and Training Article 3. Regulatory Procedures 11 CCR § 1081 § 1081. Minimum Standards for Legislatively Mandated Courses. Currentness (a) Legislatively mandated courses, as specified in Commission Regulation 1005(f), pertain to training mandated by the Legislature for various kinds of peace officers and other groups for which the Commission has responsibility to establish minimum standards. The Commission may approve legislatively mandated courses that can be completed in fewer than the minimum hours. In such cases, the courses must be competency-based, where each student demonstrates mastery of clearly specified learning outcomes. Legislatively mandated courses shall meet the following minimum content and hours. Commission Regulations 1052-1056, and 1059 specify the requirements for certification and presentation of these courses. Credit for legislatively mandated courses that can be completed in fewer hours when using technology-based delivery (i.e., interactive multimedia) will be the same number of hours credited for a traditional instructor-led course. Testing is required to demonstrate competency. Alcoholic Beverage Control (ABC) -- 160 Hours Narcotic Enforcement (Business and Professions Code section 25755) Narcotics Investigation Course -- 80 Hours* (1) Role and Responsibility of School Police in Campus Communities (2) Laws and Liability/Mandated Reporting Requirements (3) De-escalation Skills/Conflict Resolution (4) Dynamics of Student Development (5) Principled Policing & Problem Solving (6) Operational Awareness in the Educational Environment (7) Emergency Operations (8) Informants (9) Officer Safety (10) Entry and Search Techniques (11) Undercover Techniques (12) Smuggling (13) Investigative Resources (14) Examination *This course may be satisfied by completion of the 80-hour, POST-certified course presented as a single training course, or by completion of two or more POST-certified courses (totaling a minimum of 80 hours) which include the above curriculum. ABC Narcotics Investigation Field Training Program -- 80 Hours ABC Investigators are required to complete an 80-hour field training program on narcotics investigation that includes on-the-job instruction and hands-on experience associated with all content areas of the Narcotics Investigation Course. Field training shall be conducted under the supervision of investigators selected by ABC. Investigators selected may be either ABC investigators or investigators employed by local police or sheriff's departments. Investigators selected must possess a POST Basic Certificate and have completed at least one year of experience as a full-time narcotics investigator. ABC shall maintain records that individual ABC investigators have completed this field training. Anti-Reproductive Rights Crimes -- 2 Hours (Penal Penal Code section 13778) (1) Identification of Essential Elements of ARRC Crimes (2) Recognition of Anti-abortion Extremists (3) Investigation of Incidents (4) Development of and Sharing of Intelligence to Prevent Crimes (5) Protection of the Rights of Protestors and Victims (6) Compliance with Reporting Requirements Arrest and Firearms -- 64 Hours (Penal Penal Code section 832) (Certified course; requirement satisfied by Basic Course.) Refer to Commission Procedure D-1 Aviation Security -- 40 Hours (Penal Penal Code section 832.1) (Certified Course) (1) Introduction and Background (2) Introduction to the Airport Environment -- Overview (3) Criminal Threat to the Aviation Industry (4) Agencies and Jurisdictions (5) Legal Aspects of Aviation Security (6) Law Enforcement Officer Responsibilities (7) Human Behavior Consideration (8) Airfield Operations (9) Presenter-developed Test Basic (Regular) (Penal Penal Code section 832.3) (Certified Course) Refer to Commission Procedure D-1 Basic Course for Response Personnel (SEMS/NIMS/ICS) -- 8 Hours (1) Course Overview and Objectives (2) Introduction to the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) (3) The Incident Command System (ICS) (4) SEMS/NIMS Multi-agency Coordination Systems (5) Incident Action Planning (6) Resource Management (7) Mutual Aid (8) Transfer of Command/Demobilization Baton/Impact Weapon Training for County Sheriff or Police Security Officers -- 8 Hours (Penal Penal Code section 831.4) (1) Legal and Ethical Aspects of Force (2) Baton/Impact Weapon Familiarization and Uses of Impact Weapons (3) First Aid for Baton/Impact Weapon Injuries (4) Practical -- Techniques Campus Law Enforcement Course -- 40 hours (1) Role and Responsibility of School Police in Campus Communities (2) Laws and Liability/Mandat