HPD Uber pursuit video raises questions about civilian vehicle policy

HOUSTON - A viral video showing Houston police officers jumping into an Uber during a foot pursuit is raising new questions about what officers can ask a civilian to do—and whether the person being asked would understand that they can refuse.

What they're saying:

Uber driver Anthony Baines was headed to pick up a passenger overnight August 7 into August 8 when he encountered a shirtless man running near East 7½ Street and Oxford Street in the Houston Heights. Two Houston Police Department officers were chasing close behind.

Dashcam video shows one officer opening the passenger door and getting into Baines' vehicle.

"Go, go, go, go," the officer can be heard saying.

Baines then picked up the second officer and drove them around the block to their patrol vehicle so they could continue searching for the suspect.

No one was injured, but Baines later told FOX 26 that he believed the officers were ordering him to help.

"I am surprised. I’m shocked. I have cops ordering me to do things. I’m going to comply," Baines said.

WHAT HPD POLICY SAYS:

HPD directed FOX 26 to the department’s publicly available general orders when asked what policy governs an officer’s use of a civilian vehicle during a pursuit.

General Order 600-11, which covers foot pursuits, says officer and public safety must be the primary consideration when deciding whether to begin or continue chasing a suspect.

The policy directs officers to balance the need for an immediate arrest against the potential danger to officers and the public. It also tells them to consider alternatives, including establishing a perimeter, adding patrol officers to the area, requesting canine or air support or arresting an identified suspect at another time.

The policy says an officer should not continue a foot pursuit if the danger to officers or the public outweighs the need to immediately catch the suspect.

However, a FOX 26 review of HPD’s publicly available General Orders did not find language specifically addressing:

• Officers asking a civilian to provide transportation during a pursuit;

• Officers entering or using a privately owned vehicle;

• Advising a civilian that participation is voluntary; or

• Responsibility for a civilian’s safety or property while assisting police.

HPD’s broader Conduct and Authority policy says officers must rely on discretion when neither the law nor department policy provides clear guidance. It says officers must exercise sound judgment and limit their conduct to actions that are reasonable and prudent.

The policy also says HPD employees "shall not interfere with the lawful business of any person."

VOLUNTARY OR AN ORDER?:

Houston Police Officers’ Union President Doug Griffith previously told FOX 26 that civilians are not legally required to participate in a police pursuit or provide officers with transportation.

"There’s nothing that forces or compels anyone to help out," Griffith said.

Attorney Vik Vij said that legal distinction would not necessarily be clear to someone confronted by officers during a fast-moving pursuit.

"I would think a reasonable person would think the cops jump in my vehicle and say, ‘Go, go, go,’ you are under an obligation to obey the police officers," Vij said. "I think most reasonable people would not think that it’s voluntary, that you have the option to say no."

Vij said departments should adopt clear written guidance requiring officers to distinguish between an order and a voluntary request for assistance.

"There should be a written policy that makes it clear that the officers need to say, ‘This is a voluntary request. You are under no obligation to help us. However, we are asking you to help. Will you consent to helping us?’" Vij said. "Not just, ‘Go, go, let’s chase this guy down.’"

WHAT STARTED THE PURSUIT?:

HPD said officers initially responded to a report of a terroristic threat. A man allegedly threatened to shoot a woman and her children during a dispute at an apartment pool.

According to police, the man broke free and ran when officers attempted to detain him.

The officers were separated from their patrol vehicle during the foot pursuit, leading them to ask Baines to drive them back to it.

Despite Baines’s help, officers did not find the suspect. HPD confirmed Monday that the suspect remains at large and the investigation is ongoing.

Lingering Questions:

HPD’s foot-pursuit policy requires officers to document every foot pursuit.

When a pursuit does not involve a reportable response to resistance, the pursuing officers must complete a Foot Pursuit/No R2R Form. A supervisor must also complete an after-action report.

FOX 26 has also contacted Uber with questions about whether Baines remained covered by the company’s commercial insurance during the police-directed detour, who would have been responsible if the vehicle crashed and whether Uber provides drivers with guidance for responding to requests from law enforcement.

This story will be updated if Uber or HPD provides additional information.

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