GUIDELINES FOR FRESH PURSUIT
1. PURPOSE. The purpose of these guidelines which have been approved by
the Attorney General, is to set forth the procedures to be followed by
protective personnel, including Department of Energy contractor and
subcontractor protective personnel, when pursuing suspected criminals
across jurisdictional lines.
2. POLICY. It is Department policy to prevent the escape and effect the
arrest of fleeing suspected criminals in a safe and expeditious manner.
The following procedures are merely guidelines and are intended to
provide protective personnel with flexibility when in fresh pursuit of a
fleeing suspected criminal. Specific guidelines that take into account
the geography, equipment, and functions of the facility, and that
address procedures to be utilized to provide emergency notification to
jurisdictions that may be entered in a fresh pursuit situation, shall be
prepared on a site-specific basis and shall be submitted by the Manager
of each Operations Office to the Director of Security Affairs for
3. DEFINITIONS/1. The following definitions are applicable to this
a. Felony. Any offense enumerated in Title 10, Code of Federal
Regulations (CFR), section 1047.4(a)(1)(i), as well as any offense
constituting a felony under the laws of the jurisdiction in which
the facility is located and with respect to which a protective
force officer would have arrest authority under 10 CFR 1047.4(d)
b. Fresh Pursuit. Pursuit (with or without a warrant) for the purpose
of preventing the escape or effecting the arrest of any person who
is suspected of committing, or having committed, a misdemeanor or
felony. Fresh pursuit implies pursuit without unreasonable delay,
but need not be immediate pursuit.
c. In the Presence of. The criminal act must have taken place in the
physical presence of (under the observation of) the protective
force officer. Knowledge of the existence of a criminal violation
obtained in any other way (e.g., information from other persons) is
not sufficient to permit an arrest under 10 CFR 1047.4(b), Felony
d. Jurisdictional Lines. For the purposes of these guidelines, shall
include, but shall not be limited to, the property lines of a
Department of Energy facility.
e. Misdemeanor. Any offense enumerated in 10 CFR 1047.4(a)(1)(ii), as
well as any offense constituting a misdemeanor under the laws of
the jurisdiction in which the facility is located and with respect
to which a protective force officer would have arrest authority
under 10 CFR 1047.4(d) and (e).
/1 Use of Number. As used in these guidelines, words in the singular
also include thee plural and vice versa, as the use may require.
f. Protective Force Officer. Any person authorized by Department of
Energy authority to carry firearms under section 161k of the Atomic
Energy Act (10 CFR 1047.3(g)).
g. Reasonable Grounds to Believe. At the moment of arrest, either the
facts and circumstances within the knowledge of the protective
force officer, or of which the protective force officer had
reasonably trustworthy information, were sufficient to cause a
prudent person to believe that the suspect had committed or was
committing the offense (10 CFR 1047.4(b)(2)).
4. AUTHORIZED PURSUIT ACROSS JURISDICTIONAL LINES.
a. Misdemeanors. Protective force officers may engage in the fresh
pursuit of a suspected misdemeanant across jurisdictional lines
only if the alleged misdemeanor was committed, or is being
committed, in the presence of a protective force officer: If the
alleged misdemeanor was not committed in the presence of a
protective force officer, no protective force officers shall pursue
the suspected misdemeanant across jurisdictional lines. Instead,
the protective force officers shall attempt to obtain a description
of the suspected misdemeanant, as well as a description and license
tag number of any vehicle being utilized by the suspected
misdemeanant, and this information shall be conveyed (in accordance
with the specific notification procedures issued by the manager of
the DOE Operations Office) to the state and other local law
enforcement authorities for the jurisdiction into which the
suspected misdemeanant has fled.
b. Felonies. Protective force officers may engage in the fresh
pursuit of a suspected felon across jurisdictional lines if:
(1) The alleged felony is being committed, or was committed, in
the presence of a protective force officer; or
(2) Any protective force officer has reasonable grounds to believe
that the person pursued is committing, or has committed, the
5. FRESH PURSUIT PROCEDURES.
a. Responsibility. Responsibility for decisions respecting fresh
pursuit shall follow the protective force command structure. In
making fresh pursuit decisions, protective force officers shall
take into consideration applicable Federal and State laws;
Departmental Orders, guidelines, and regulations; and Protective
Force orders, guidelines, and training.
b. Safety Considerations.
(1) Safety is a primary consideration when engaged in fresh
pursuit of a suspected criminal. In determining whether to
pursue, as well as the method and means of pursuit, a
protective force officer will weigh the seriousness of the
alleged offense and the necessity for immediate apprehension
against the risk of injury to himself/herself, other
protective force officers, and the public. If at any time
during the pursuit the risk of injury to pursuing protective
force officers or the public surpasses the necessity for
immediate apprehension, the pursuit shall be terminated.
(2) Protective force officers will use the minimum force necessary
under the circumstances to apprehend a suspected criminal.
(3) The use of physical and/or deadly force in a fresh pursuit
situation, regardless of whether jurisdictional lines have
been crossed, shall be in strict conformance with 10 CFR
1047.6 and 1047.7, and other Departmental guidelines
applicable to the use of force on Department of Energy
c. Vehicular Pursuit.
(1) Vehicles utilized in fresh pursuit shall be operated in as
safe a manner as is practicable.
(2) To the extent practicable, vehicles utilized should be
"marked" and should be equipped with visual and audible
(3) Vehicles occupied by nonprotective force personnel shall not
be used in fresh pursuit situations unless the situation
mandates an immediate pursuit, and the extreme circumstances
prohibit the occupant's disembarkation.
(4) The number of pursuing vehicles that cross a jurisdictional
line should be limited to that necessary to provide sufficient
personnel to deal with the situation. Under no circumstance
should the number of pursing protective force officers be such
that the facility is left without sufficient security
(5) There is an inherent danger associated with the use of
roadblocks. Thus, unless exigent circumstances mandate the
immediate apprehension of the suspected criminal, roadblocks
generally should not be attempted without the authorization of
the appropriate law enforcement officials of the jurisdiction
entered, and should not be utilized to apprehend suspected
misdemeanants. Under no circumstances will a roadblock be
used without the concurrence of the supervisor of the pursuing
protective force officers.
d. Aerial Assistance. Where the Department has aerial capability
(e.g., helicopters, fixed-wing aircraft), specific guidelines
regarding the use of aircraft, including observation, reporting,
and deployment of response forces, shall be developed and approved
by the Manager of the Operations Office, in coordination with
appropriate State and other focal officials. Such aerial pursuit
guidelines shall be included in the site-specific guidelines
submitted by the Manager of each Operations Office to the Director
of Security Affairs for approval.
(1) At all times during a fresh pursuit situation, the protective
force officers involved shall make every attempt practicable
to maintain open communications and to relay as much factual
information as possible to the protective force dispatcher.
(2) Upon the engagement of a fresh pursuit situation, the
protective force dispatcher shall immediately notify
supervisors in the protective force command structure and the
officer in charge of onsite protective force operations.
(3) When it becomes apparent to the pursuing protective force
officers that jurisdictional line(s) might be crossed, this
information shall be transmitted immediately to the law
enforcement authorities to be entered in accordance with the
site-specific emergency notification procedures. To the
extent possible, such notification shall include a description
of the fleeing suspect and/or vehicle, the alleged criminal
violation for which such suspect and/or vehicle is being
pursued, and the location and direction of travel of the
f. Coordination with Other Law Enforcement Authorities.
(1) When other Federal law enforcement authorities (e.g., Federal
Bureau of Investigation or United States Marshal), or State or
other local law enforcement authorities for the jurisdiction
into which the suspected criminal has fled, join the pursuit,
those law enforcement officials shall be primarily responsible
for the continued pursuit. The protective force dispatcher,
supervisors in the protective force command structure, and the
officer in charge of onsite protective force operations shall
coordinate the pursuit efforts of protective personnel with
the other Federal, State, and/or other local law enforcement
(2) Protective force officers participating in the pursuit should
continue to participate until otherwise instructed by the
protective force dispatcher, respective supervisors in the
protective force command structure, or the officer in charge
of onsite protective force operations.
(3) At least one protective force officer unit will remain
available to assist the other Federal or State and other local
law enforcement authorities until the pursuit is concluded or
otherwise terminated. That protective force officer unit will
thereafter provide such law enforcement authorities with all
relevant information regarding the circumstances surrounding
(1) When other Federal law enforcement authorities (e.g., Federal
Bureau of Investigation or United States Marshal) are involved
with protective personnel in the apprehension of a suspected
criminal (regardless of whether on or off Federal property),
protective personnel shall relinquish arresting authority to
such other Federal law enforcement authorities.
(2) When State or other local law enforcement authorities are
involved with protective personnel in the offsite apprehension
of a suspected criminal, the issue of which law enforcement
official is in charge in order to effect an arrest is
generally not a matter of policy but one of common sense
dictated by the circumstances. Such an assessment includes an
evaluation of the expertise of those present, which agency has
first established control, and the disruptive effect, if any,
of transfer of control. The determination of which
jurisdiction should make the arrest is, therefore, left to the
discretion of the officers involved. To the extent
practicable, specific guidelines addressing this issue should
be prepared on a site-by-site basis in coordination with State
and other local law enforcement authorities. Such guidelines
shall be included in the site specific guidelines submitted by
the Manager of each Operations Office to the Director of
Security Affairs for approval.
(3) When a suspected felon is apprehended (regardless of whether
on or off Federal property), or when a suspected misdemeanant
is apprehended on Federal property, the protective force
officer shall immediately notify the appropriate United States
Attorney's Office and escort the suspect to the nearest United
States District Court or United States Magistrate for
arraignment (unless otherwise directed by local Federal law
enforcement authorities; e.g., Federal Bureau of Investigation
or United States Marshal). Under no circumstances shall a
suspected felon be removed to another jurisdiction without
first being processed through the Federal criminal justice
system where the suspected felon was apprehended.
(4) The pursuing protective force officers shall ensure that any
Government property retrieved during pursuit, or at the time
of apprehension, is properly secured and a chain of custody