McGee v. City of Laguna Beach

In McGee v. City of Laguna Beach (1997) 56 Cal.App.4th 537, the Court approved a pursuit policy "listing factors pursuing officers should consider in evaluating whether to begin or abandon a pursuit," which included the "seriousness of the offense, time of day, traffic and weather conditions, speed, danger to officers and others, and other methods of arrest." (Id. at pp. 543-544.) Other factors mentioned were " 'equipment malfunction or concerns' . . . darkness, fog, slick pavement, unfamiliar areas, and the distance between the pursuing officers and the fleeing suspects." (Id. at p. 544.) McGee also rejected the argument that a general statement in the Laguna Beach policy stating vehicle pursuits ". . . 'are not always predictable' . . .," and conduct by officers related to the pursuit ". . . 'shall be considered discretionary' " invalidated the entire policy. (McGee v. City of Laguna Beach, supra, 56 Cal.App.4th at p. 544.) The Court held the foregoing provision "does not render the rest of the policy language nugatory. Contrary to plaintiffs' claim, it does not tell officers to use their 'sole' or 'unfettered' discretion and disregard everything else." (Ibid.)