![Can Police Chase Motorcycles in California? [An In-Depth Look into the No Chase Law]](https://westcoasttriallawyers.com/wp-content/uploads/2024/09/No-Chase-Law-Blog-Cover-1280x720.jpg)
High speed pursuits are some of the most dangerous and controversial aspects of law enforcement in California, because officers need to uphold the law and punish those who are breaking it. While officers are able to pursue individuals in cars and trucks, motorcycles on the other hand are more controversial due to their maneuverability and ability to reach higher speeds. Which begs the question, Can police officers chase down motorcyclists in California?
A no chase law limits police officers from engaging in high-speed car chases unless specific conditions are met, typically involving violent crime or an immediate threat to public safety. These policies exist because high-speed pursuits can lead to injuries or fatalities to innocent bystanders.
Quick Answer: California Officers Can Start a Pursuit if it Meets Certain Conditions
There is no uniform national law governing police chases in the United States. Instead, rules will vary depending on state statutes, department standards, and municipal policies. California does not have a specific No Chase Law that completely restricts a police officer’s duty to pursue vehicles in high-speed pursuits, but instead, they have a guideline that restricts them to pursue motorcyclists if the conditions are not appropriate enough for them to start a pursuit.
Understanding No Chase Law Fundamentals
No chase laws are statutory provisions and departmental policies that restrict when police officers may initiate or continue high-speed police pursuits. These regulations exist at the intersection of public safety, officer safety, and constitutional rights. No U.S. state fully bans police pursuits outright. Rather, no-chase policies aim to minimize public safety risks by defining the circumstances under which a chase is justified and mandating oversight mechanisms throughout the process.
Legal Framework and Authority
At the federal level, 42 U.S.C. § 1983 provides the basis for civil rights claims when state actors-including law enforcement officers-violate constitutional rights during pursuits. The Supreme Court established critical precedent in County of Sacramento v. Lewis (1998), holding that due-process rights may be violated when police conduct during chases is so reckless that it “shocks the conscience.”
Later, in Scott v. Harris (2007), the Court permitted officers to forcibly end a chase even at great risk to a fleeing suspect when pursuing them posed an imminent threat to public safety. These legal precedence made the No Chase Law to be governed at a state level to constitutional boundaries and establish the operational details for local police departments.
Does California Have a No Chase Law for Motorcycles?
California does not have a specific No Chase Law that completely restricts a police officer’s duty to pursue vehicles in high-speed pursuits, but instead, they have a guideline that restricts them to pursue motorcyclists if the conditions are not appropriate enough for them to start a pursuit.
The statistics that underscore why California law enforcement takes a risk conscious approach seriously is due to a 2022 study, where over 400 bystanders were injured in California police pursuits, and 23.3% of police pursuits in California resulted in a crash.
In fact, California’s No Chase Law is outlined in California Penal Code 13519.8 where it states how law enforcement officers are to follow proper training and protocols in order to start a high-speed pursuit, and California Vehicle Code 17004.7 provides immunity to California officers from being sued for damages in high-speed vehicle pursuits, but only if they follow certain guidelines.
What Is the Pursuit Authorization Process in California?
When an officer encounters a fleeing suspect or a suspect committing a violation, the department’s policy dictates a specific sequence of actions. Here is the standard process most agencies follow:
- Initial threat assessment and crime severity evaluation: The pursuing officer determines the nature of the offense. Is the person fleeing suspected of a violent crime, or is it a minor offense like a traffic violation? This circumstantial evaluation determines whether pursuit can even be initiated.
- Public safety risk analysis: The officer evaluates real life conditions-traffic density, road conditions, weather, time of day, presence of pedestrians, and whether the suspect poses an ongoing threat.
- Supervisor notification and approval: Depending on the nature of the violation, the officer contacts dispatch and a field supervisor who must authorize continuation. The supervisor monitors conditions via radio communication and, in agencies with aerial support, may coordinate helicopter tracking.
- Ongoing reassessment and termination criteria: Throughout the pursuit, both the officer and supervisor continuously evaluate whether conditions have changed. If the chase moves into heavy traffic, if high speeds exceed what road conditions allow, or if the suspect’s identity is already known, termination may be required.
Why Motorcycle Chases Are Treated Differently in Practice
Even though California does not ban motorcycle pursuits, many agencies treat them with extra caution, because motorcycle crashes are more likely to cause serious injury or death. A rider can be thrown from the motorcycle, crushed by another vehicle, or struck after going down in traffic.
Motorcycles also raise practical pursuit concerns due to the fact they can accelerate quickly, split lanes, enter narrow spaces, and move through traffic in ways patrol vehicles cannot. When a chase reaches high speeds, the risk to everyone nearby can increase quickly.
Because of that, officers and supervisors may decide to terminate a motorcycle pursuit if the danger outweighs the need for immediate capture. In some cases, law enforcement may rely on air support, license plate information, surveillance video, later investigation, or other methods instead of continuing a dangerous chase.
What Happens if You Flee From Police in California?
Fleeing from police can lead to serious criminal consequences. Under California Vehicle Code § 2800.1, a driver who willfully flees or attempts to elude a pursuing peace officer may be charged with a misdemeanor if the statute’s requirements are met, including the officer’s vehicle displaying a red lamp, sounding a siren as reasonably necessary, being distinctively marked, and being operated by a uniformed peace officer.
The penalties can become more serious when the chase is dangerous. Under Vehicle Code § 2800.2, evading an officer with willful or wanton disregard for the safety of people or property can be punished by jail or prison time, plus possible fines. If someone is injured or killed during the pursuit, additional criminal exposure may apply.
Can You Sue if You Were Injured in a Police Chase?
You may be able to sue after a police chase accident, but the case will depend heavily on the facts. A potential claim may focus on whether:
- The pursuit should have been initiated
- Officers followed agency policy
- Supervisors properly monitored the chase
- The pursuit should have been terminated earlier
- Officers used unsafe tactics
- The fleeing driver caused the crash
- Another driver contributed to the accident
- The public entity has immunity under California law
- Video, dispatch, radio, or dashcam evidence supports the claim
If you were injured by the police, you may be able to file a claim to recover compensation, but under California Government Code § 911.2, any claims for injury or death against a public entity must be presented within six months of the date the claim accrues. Missing this deadline can seriously affect your ability to pursue compensation.
Because pursuit cases often involve police reports, bodycam footage, dashcam footage, dispatch logs, radio traffic, witness statements, traffic camera footage, and agency policy records, it is important to act quickly before evidence becomes harder to obtain.
What if a Bystander Is Hurt During a Motorcycle Chase?
If a bystander is injured during a motorcycle chase, they may have a claim against the fleeing rider or driver who injured them. Depending on the facts, a claim may also need to examine whether law enforcement acted reasonably, whether the pursuit followed policy, and whether the chase should have been discontinued before the crash.
The key question here is causation, because it is not enough to say a chase happened. The evidence must show who caused the crash and whether any party’s conduct legally contributed to the injuries.
Is a Police Chase Accident a Personal Injury Case?
Yes, a police chase accident can become a personal injury case if someone is hurt because of another person’s negligence, recklessness, or wrongful conduct.
Potential damages may include:
- Emergency medical care
- Hospitalization
- Surgery
- Physical therapy
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Motorcycle or vehicle damage
- Pain and suffering
- Wrongful death damages in fatal cases
If you were injured while riding a motorcycle, our motorcycle accident attorneys can investigate whether the fleeing rider, another driver, a public agency, or another party may be legally responsible.
What Should You Do After a Police Chase Accident?
If you were injured in a motorcycle chase or another police pursuit accident, take the situation seriously from the beginning. These cases can involve multiple agencies, multiple vehicles, and fast-moving evidence.
After the crash, try to:
- Call 911 and seek medical attention
- Get the police report or incident number
- Write down the agencies involved
- Take photos of the crash scene, vehicles, injuries, debris, skid marks, and traffic signals
- Get contact information from witnesses
- Look for nearby cameras from homes, businesses, buses, traffic systems, or dashcams
- Avoid giving recorded statements before understanding your rights
- Preserve all medical records, repair estimates, and insurance communications
- Speak with an attorney quickly if a government entity may be involved
If you were riding the motorcycle, do not assume the chase automatically destroys your injury claim. If another driver, unsafe roadway condition, or excessive police tactic contributed to the crash, the facts still matter.
What Should I Do if I Was Injured in a Motorcycle Chase?
If you were injured in a motorcycle chase it is vital that you stay calm, carefully assess the situation and seek medical attention immediately. As motorcycle accidents can cause a variety of injuries from the mild to the severe, any injuries sustained in an accident can be fatal if it is not treated properly.
While motorcycle chases are rare in California, but if you have been injured in one and would like to seek legal representation on the matter, contact us at West Coast Trial Lawyers today by calling (213) 927-3700 or filling our contact form to schedule a free consultation with our compassionate and talented legal team.
Frequently Asked Questions About California’s No Chase Law
What Crimes Typically Justify High-Speed Pursuits Under These Laws?
Most pursuit policies authorize chases for violent felonies such as murder, assault, and rape, as well as sex offenses, DUI, domestic violence, and escape from custody. Some jurisdictions, like Washington under Initiative 2113, allow broader categories but require that the safety risk of letting the suspect flee outweighs the danger of pursuit.
How Do No Chase Laws Affect Officer Liability in Accident Cases?
When law enforcement agencies meet statutory minimums-maintaining written policies and conducting annual training-they can gain civil immunity for pursuit-related damages, as California’s Vehicle Code 17004.7 demonstrates. Constitutional claims under 42 U.S.C. § 1983 require conduct that “shocks the conscience,” a high bar. State tort claims depend on each state’s sovereign immunity and negligence laws.
What Should I Do if Injured in a Police Pursuit Incident?
Document everything: the jurisdiction, time of day, agencies involved, and crash details. Request public records for the agency’s chase policy and pursuit data. Contact an attorney who handles police pursuit liability cases for a free consultation-evidence preservation is time-sensitive. Report the incident to your insurance provider promptly.
How Do Pursuit Policies Differ Between Motorcycles and Cars?
While most statutes don’t explicitly differentiate by vehicle type, many police department policies limit or forbid motorcycle chase scenarios due to the significantly higher risk of severe injury or death to the rider and bystanders. Urban departments are especially likely to impose stricter oversight requirements when the person fleeing is on a motorcycle, often requiring immediate termination unless the rider is suspected of a violent crime.
