Emergency Driving Including Vehicular Pursuits by U.S. Customs and Border Protection Personnel Directive

On January 10, 2023, U.S. Customs and Border Protection (CBP) issued Directive No. 4510-026A, Emergency Driving and Vehicular Pursuits, with a postdated effective date of May 1, 2023.  CBP updated this directive after an extensive review of the Agency’s historical pursuit data as well as the individual pursuit policies of more than two dozen law enforcement agencies across the United States.

In March 2023, the Agency determined that it was necessary to incorporate certain clarifying language into three key areas of the directive. Specifically, clarifying language was incorporated under the definition of “Emergency Driving” (section 6.8); the definition of “Non-Emergency/Normal Vehicle Operations” (section 6.23); as well as under “Non-Emergency/Normal Vehicle Operations” Procedures (section 8.1).

These changes were incorporated, and a revised version of CBP Directive No. 4510-026A was re-issued, on March 20, 2023, with a postdated effective date of June 1, 2023.

Vehicle pursuits do inherently pose risk – to members of the public, officers, and agents, and those in a vehicle being pursued who may not be willing participants. The updated policy acknowledges these risks and emphasizes a risk-based approach when it comes to pursuits. The policy clarifies the “reasonableness” standard that is familiar to most in law enforcement as they attempt any detention or seizure. Although vehicle pursuits do not always result in uses of force, the risk involved can be considerable. This policy requires a similar factor analysis that agents and officers are already familiar with in CBP’s Use of Force Policy