Hot Pursuit: What Are Shrewsbury's Policies on a Chase?

Shrewsbury Police Officer David Faucher was working detail on Route 9 near McDonald's on Jan. 13, when around 8 p.m. he spotted a person he knew to have felony warrants for his arrest.

On foot, Faucher approached Sudip Sengupta as he got out of his car, demanding that Sengupta get out of the vehice.  The suspect drove away, and hit Faucher with his car in the process. Uninjured, Faucher chased after Sengupta in his cruiser, and Sengupta failed to stop.

Eventually, Sengupta, 31, Zain Circle, Milford, pulled over on Plantation Street in Worcester, where he was taken into custody and charged with A&B with a dangerous weapon, assault with a dangerous weapon, malicious destruction of property over $250, disorderly conduct, disturbing the peace, negligent operation of a motor vehicle and failure to stop for police. Sengupta was also wanted on warrants for possession of a stun gun, violation of an abuse prevention order and intimidation of a witness.  

It was the most recent pursuit of a vehicle conducted by Shrewsbury Police, and not a common occurrence, according to Shrewsbury PD spokesperson Alfred Pratt.

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After a serious crash in Uxbridge led to the death of a 17-year-old man in January, the Worcester Telegram and Gazette requested from both Uxbridge and Northbridge Police Departments the policy that governs when to chase a fleeing suspect. The suspect, who died in the crash, had stolen the vehicle and was being pursued by police. 

Both departments declined the reporter's request, which was made under the state's Public Records Law.

At Patch's request, Shrewsbury police's Pratt did provide Shrewsbury's policies, which are described in a nine-page document under Chapter 141/Vehicular Pursuit. 

The lengthy document gives a clear message: don't do it unless you have to, but if you do, this is how you do it.

According to the document, the "safety of all far outweighs the potential advantage of apprehending a fleeing vehicle by such means. Delay, no matter how distasteful, is more appropriate when the operator/violator is known to the police or poses no immediate threat to the safety of the police or the public."

Under certain circumstances, however, a continuous high-speed chase will be authorized. And police should try to apprehend the driver quickly and safely.

These pursuits are given the OK if the officer has reasonable grounds to arrest the person for a serious felony or a felony that involves the use or threat of physical force, or if the vehicle is being operated in a way that would endanger other members of the public.

If a pursuit is authorized, officers have to use discretion, and bear in mind nine important factors:

• The nature of the offense
• The immediate threat to the community if this suspect escapes
• Time of day
• Traffic conditions
• Road conditions
• Type of vehicle
• The availability of other officers for assistance
• The likelihood of a successful apprehension
• Driving skills of the officer and the performance capabilities of the pursuit vehicle, as well as the vehicle being pursued

When an officer does embark on a chase, he or she must use emergency lights, flashers and a siren.

Other factors include that officers should not pursue a vehicle if they are carrying a passenger, if they are driving an unmarked car and if it is possible that the subject can be apprehended by other means.

Interested in reading the entire Motor Vehicle Pursuit Policy? It is attached.