“I am mindful of the sensitivities around vehicle pursuits, which can be dangerous to police, suspects, and innocent bystanders,” Newsom wrote. “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.”
Addressed to Mayor Sheng Thao, City Council members, and the Oakland Police Commission, the letter noted that cooperation is needed to create a safer community.
Citing a discrepancy in how jurisdictions handle vehicle pursuits for felonies and other crimes, the governor said Oakland is an “outlier by imposing exceptional restrictions” on the police department by only allowing chases for “violent forcible crimes.”
Those policies mean local police can’t pursue suspects believed to be involved in many felony activities or any misdemeanors—including those where violence is involved and for intoxicated drivers—which is “contributing to Oakland’s public safety challenges,” according to the letter.
As a result, California Highway Patrol (CHP) officers have observed some criminals taking advantage of the situation and “fleeing with impunity,” the governor wrote. Suspects were seen evading arrest by using the same routes because they were aware of policies limiting police pursuits, according to the letter.
Saying he supports the City Council’s decision to review the rules, the governor also recognized concerns about safety risks.
“Any policy on vehicle pursuits must be clear-eyed in balancing the risks and benefits involved,” Newsom wrote.
State guidelines for pursuits suggest agencies develop regulations based on a so-called balance test, in which officials analyze the risks associated with beginning, continuing, and potentially ending pursuits.
Factors to be considered include the protection of public safety, why the vehicle is being stopped, location, time of day and environmental conditions, availability of additional police resources, and whether the suspect is identified and could be apprehended later, among other things.
While the guidelines don’t set policy for agencies, jurisdictions are advised to follow state laws regarding training requirements and create policies that reflect “the needs of the agency, the community it serves, and the law.”
The governor also brought attention to the hundreds of millions of dollars invested in the Oakland area in recent years to address “health, safety, and well-being,” in addition to increasing the number of CHP officers working in the area, installing security cameras, and deploying the state’s National Guard.
CHP patrols were quadrupled on July 11, with the increased force working seven days a week for the next four months. Officers are conducting surge operations and targeting carjackings, organized crime, and sideshows—illegal street takeovers where some participants drive recklessly, often using stolen vehicles.
Days after the surge began, using surveillance from the air and on the ground, the CHP said they used vehicle pursuits to recover eight stolen vehicles, seize two firearms, and arrest five suspects on felony charges.
CHP Commissioner Sean Duryee issued multiple warnings in recent weeks alerting criminals of the state’s intent to crack down.
“Your actions are unacceptable, and we are committed to restoring peace and safety to the community,” he said in a July 17 statement. “The surge in crime will not be tolerated and we are taking swift, decisive action to combat it.”
