General Order No. 41.2

Subchapter 41.2

OPERATIONS

GENERAL ORDER NO. 41.2

41.2.1 RESPONDING PROCEDURES

A. The Lafourche Parish Sheriff’s Office shall respond to calls for service in accordance with the urgency of the incident. Calls for service shall be assigned a response code from the Communications Center. A response code other than “Code 1- Response” should be ordered only by a supervisor. The safety of the responding deputies and the public shall be of primary consideration, pursuant to La. R.S. 32:24.

Emergency vehicles; exceptions

The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.

The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this Chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he does not endanger life or property;

(4) Disregard regulations governing the direction of movement or

turning in specified directions.

The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach, except that a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

The foregoing provisions shall not relieve the driver of an authorized vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

1. Code 1- Response

Deputies shall respond without using emergency equipment observing all applicable traffic regulations and traffic control devices. Any assignment that is not assigned a code shall be presumed to be a Code 1 response. A deputy may request Code 2 responding to a call for service based on further information and/or traffic congestion.

2. Code 2- Immediate Response

a. Deputies shall respond utilizing emergency visual and audible signals, unless the nature of the call indicates a silent approach.

b. When responding Code 2, the deputy should avoid exceeding the speed limit. Weather, distance, road conditions, traffic congestion, crowd control, and availability of responding deputies shall play a factor in Code 2 responses.

c. A supervisor shall approve all Code 2 or Code 3 responses per information obtained from a caller. The arriving deputy may request to change the code status upon arrival, and/or the shift supervisor may change the code status at their discretion.

d. On a traffic stop, the purpose of emergency visual signals on the patrol vehicles shall be to warn approaching traffic of its presence, protect the scene, and protect the violator. The markings on the patrol vehicle shall make it safe and visible to approaching traffic.

3. Code 3 - Emergency Response

a. All Code 3 guidelines shall apply for an incident of an extreme nature with the exception of emergency vehicles in accordance with La. R.S. 32.24:

La. R.S. 32.24, Emergency vehicles; exceptions

A. The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.

B. The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this Chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he does not endanger life or property;

(4) Disregard regulations governing the direction of movement or turning in specified directions.

C. The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach, except that a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

D. The foregoing provisions shall not relieve the driver of an authorized vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

b. Deputies shall respond without delay utilizing emergency visual and audible signals constantly.

c. The Lafourche Parish Sheriff’s Office shall provide a maximum response to calls involving life-threatening situations.

d. The supervisor shall notify the Communications Center of a Code 3 response to 10-33 the net (Emergency traffic only, do not transmit on this channel unless necessary. Non-emergency transmission, use alternate frequency).

e. A Communications Equipment Operator shall attempt to stay on line with the caller, updating the radio operator with the obtained information.

f. The radio operator shall keep the supervisor and responding deputies updated on the obtained information.

g. Code status shall be reduced as the situation de-escalates.

h. Upon an acknowledged Code 4 transmission from an on-scene deputy and/or supervisor, the radio operator shall immediately broadcast the Code 4 transmission, 10-64 (net clear) the net and relay further instructions to responding deputies per the supervisors direction.

4. Code 4 - Situation under control; no additional units needed at the scene.

a. The radio operator shall immediately broadcast a Code 4 response upon acknowledging a Code 4 response from an on-scene deputy and/or supervisor.

5. Code 5 - Narcotics Section/surveillance in the area.

6. Code 6 - Situation stable, but further assistance is needed.

B. Deputies shall wear a seat belt and shoulder harness at all times, unless their use presents a greater danger or hampers the deputy's performance of duty.

C. Unmarked police vehicles, even though equipped with emergency signals, shall be discouraged from responding in a Code 2 or Code 3 mode.

D. When a deputy rolls up on a situation, or while investigating a situation, determines a Code 3 is deemed necessary, the deputy shall inform the shift supervisor as soon as practical.

E. Emergency (Red/Blue) Lights

1. This equipment shall be used in conjunction with the siren to signal other users of the roadway that an emergency condition exists, and the right-of-way should be relinquished to the patrol vehicle. It cannot be safely assumed by the deputy that the lights and siren shall be sufficient to assure right-of-way, even though state law requires that emergency vehicles be yielded the right-of-way under emergency conditions pursuant to La. R.S. 32:125.

A. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the highway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

B. When an authorized emergency vehicle making use of any visual signals is parked on or near the highway, the driver of every other vehicle, as soon as it is safe, shall proceed as follows except when otherwise directed by a police officer:

(1) When driving on an interstate highway or other highway with two or more lanes traveling in the same direction as the emergency vehicle, slow to a speed of twenty-five miles per hour until it is safe to proceed at the posted speed limit and merge into the lane farthest from the emergency vehicle.

(2) When driving on a two-lane road, slow to a speed of twenty-five miles per hour or posted speed, whichever is lower, until it is safe to proceed at the posted speed limit.

C. This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

2. Emergency lights shall be utilized in the following circumstances:

a. In accordance with provisions in General Order 41.2;

b. When stopping traffic violators;

c. When assisting motorists (parked or stopped in hazardous locations); and

d. When a patrol vehicle is parked or stopped on the roadway.

F. Siren

1. The siren shall be used simultaneously with the emergency lights when in pursuit and responding to a Code 2 or Code 3 call for service or initiating a Code 2 or Code 3 response.

2. The siren may be used to signal violators to stop when other means of attracting the violator's attention have failed.

G. Hazard Warning Lights

The use of hazard lights (four-way flashers) may be an asset to the deputy when it becomes necessary to park or stop a Lafourche Parish Sheriff's Office vehicle in a hazardous location or on the roadway. When used in conjunction with the emergency lights, hazard lights may provide additional protection for the vehicle and are identified quickly by motorists as a hazard-warning signal.

H. Spotlight/Takedown Lights

1. Spotlight/Takedown lights shall be used as protection to the deputy, especially when dealing with known or suspected felons (e.g., following a traffic stop, the spotlight should be used to illuminate the interior of the violator's car so all occupants are kept within view and at a distinct disadvantage when looking back toward the patrol vehicle and deputy. The deputy shall exercise care not to be silhouetted by the light).

2. Spotlight and/or takedown lights shall not routinely be used to signal violators to stop due to the possibility of temporary blindness of the violator and other drivers from the glare that may be created by the lights.

I. Public Address (P.A.) System

1. The public address system is valuable when stopping a traffic violator. The desired actions of the violator may be directed from a safe distance, minimizing the hazard to the deputy.

2. The public address system is also valuable in directing persons when unusual conditions exist, such as the roadway being temporarily obstructed or alerting pedestrians to hazardous conditions.

41.2.2 PURSUIT OF MOTOR VEHICLES

The pursuit of a motor vehicle is an active attempt by a law enforcement deputy (while driving a motor vehicle and utilizing emergency warning lights and an audible device) to apprehend one or more occupants of another moving vehicle when the deputy reasonably believes that the driver of the fleeing vehicle is aware of the deputy's attempt to stop the vehicle and is resisting apprehension by increasing vehicle speed, ignoring the deputy, or otherwise attempting to elude the deputy. The Louisiana Highway Regulatory Act 32:24

Emergency vehicles; exceptions

The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this Chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he does not endanger life or property;

(4) Disregard regulations governing the direction of movement or turning in specified directions.

A. Evaluating the Circumstances

A deputy, in assessing the danger to life and property, when contemplating a decision whether or not to engage in pursuit of a moving vehicle shall use the following criteria:

1. Number of occupants;

2. Time of day;

3. Roadway and weather conditions;

4. Lighting conditions;

5. Area or location (being residential or commercial area);

6. Pedestrian or vehicular traffic conditions;

7. Performance capabilities of the pursuit vehicle;

8. Experience, training, and personal ability of the deputy;

9. Nature and seriousness of the offense and its relationship to community safety;