Buffalo, N.Y. (WBEN) - The attorney for the Buffalo Police Benevolent Association says a proposal by New York Attorney General Letitia James to ban police pursuits is redundant.
"Millions of New Yorkers take to the roads each day, and they deserve policing and traffic enforcement that is safe, fair, and effective," said James in a statement last week. "The evidence is clear: Police vehicle pursuits and high-speed car chases can be dangerous and even fatal, and it is time for a change. We are proposing these reforms to improve public safety for everyone on the road – drivers, passengers, and law enforcement."
She admits chases may be necessary when a serious or violent felony has been or will be committed, or when the driver’s conduct poses an imminent threat of death to themselves, bystanders, or police officers. Her proposal carries narrow exceptions for use of high-speed police pursuits.
Buffalo PBA attorney Tom Burton says police agencies are already doing this.
"The subject of what the AG has proposed has been for many, many years, embedded in virtually every police department's manual of procedure. In other words, what it appears she's trying to do by statute has been part of the formal rules for virtually every police department in the state already. She's kind of reinventing the wheel here," said Burton in an interview with WBEN.
Burton says unless you have a serious crime, or there's something that's going on in the gravest extreme, it is routine for even a low level supervisor to call off the pursuit.
"The public may not see it, but the bottom line is what she's talking about is generally standard operating procedure across the state right now," he explained.
In fact, Burton says there have been multiple circumstances where the officers have backed off themselves, and somebody trying to get away from police ends up with a violent crash that creates serious injury or even death.
What frustrates Burton is the fact everyone right away wants to point the finger at the cops.
"I can think of multiple circumstances where the officers went to stop a target car, they take off like a bat out of you know what, get in an accident, and the cops are not doing a hot pursuit at high speed. Where they shut it down, hear the bang and somebody desperately trying to get away has caused the very problem the officer stopped by ending the chase and announcing it on the radio," Burton noted.
Burton adds this has been part of police culture for close to two decades.