For the past decade, the Oakland Police Department has adhered to a controversial policy allowing vehicle pursuits in strictly limited cases. Under Oakland PD rules, police cannot pursue a vehicle unless:
There is reasonable suspicion that the person committed a “violent forcible crime” or;
There is reasonable suspicion that the person has committed a crime involving a gun or;
There is probable cause to believe the person has a gun
In a letter sent to Mayor Sheng Thao on July 26, Gov. Gavin Newsom urged the city change the policy, saying it has led to “criminals often fleeing with impunity.”
I am mindful of the sensitivities around vehicle pursuits, which can be dangerous to police, suspects, and innocent bystanders. California’s Commission on Peace Officer Standards and Training recognizes and addresses this in its standard-setting guidance. But there is also extreme danger to the public in allowing criminals to act with impunity, and the reckless driving associated with sideshows and other criminal acts is a significant threat to public safety — as witnessed regularly by the public in viral videos and news coverage.
Any policy on vehicle pursuits must be clear-eyed in balancing the risks and benefits involved. Because of Oakland’s public safety challenges and the degree to which OPD’s pursuit policy is an outlier among California law enforcement agencies, I support the recent action by the City Council to direct a review of this policy. I urge you to reconsider whether OPD should be permitted to pursue suspects in more circumstances to improve public safety in your city and to establish a process to evaluate whether OPD is making full use of its authority, including that granted under the existing pursuit policy, to protect public safety and enforce the law.
This is Newsom’s latest attempt to intervene in a worsening public safety situation in Oakland. The Governor has also deployed California Highway Patrol officers to the East Bay region as part of a “surge operation” to combat crime.
Newsom isn’t the first one to suggest that OPD’s vehicle policy be altered. In May, the City Council directed its Police Commission to review the guidelines and come back with recommended changes.
“Criminals are smart, they know that there’s a no-pursuit policy for certain crimes,” District 6 Councilmember Kevin Jenkins told The Oaklandside. “You can come to Oakland and be able to get away with it.”
The existing policy is supported by traffic safety groups, however. They say police chases place innocent bystanders in jeopardy while doing little to deter crime.
Read more about the debate over Oakland’s vehicle pursuit policy from Bay City News.