Traffic Stops: Driver Interaction

Traffic Stops - Unknown Risk

• Primary goal is to promote driver education and enhance roadway safety
• Drivers may exhibit embarrassment, anger, fear, or make excuses, proactive steps should be taken to reduce tension

Interacting with Drivers

• Initiating contact with a polite greeting and clearly state the agency affiliation and the reason for the stop
• Drivers should be given the opportunity to speak freely
• Request essential documents such as driver's license, registration, and proof of insurance
• Clearly explain the basis for the stop, emphasizing the vehicle's actions, not the driver personally
• Allow the driver to express any grievances or concerns
• Maintain a demeanor that is pleasant, calm, and non-confrontational
• Establish a commanding presence through confident and professional behavior
• Respond politely to arguments by explaining observations and facts
• Clearly communicate the seriousness of the violation and the potential risks involved
• Keep the duration of detention as short as possible
• Conclude the interaction with a "thank you" and a reminder to "drive safely"
• Upon request, provide full name, rank, badge number, and/or ID number
• Maintain continuous awareness of officer safety protocols

Handling Questions

• Refer drivers to the appropriate department personnel if you are unable to address their questions
• Provide drivers with the option to either comply with instructions or face further detention for non-compliance
• Employ procedural justice by demonstrating respect, actively listening, making fair decisions, and explaining actions

Definition of Traffic Stop

• Legal definition: lawful, temporary detention of a pedestrian or vehicle driver for traffic enforcement
• The stop begins the moment a violation that warrants intervention is observed

Unknown Risk Traffic Stop

• Potential risk is not immediately known
• Justifications include traffic infractions
• Assisting motorists with mechanical problems
• Reasonable suspicion of a committed or impending crime
• Investigating suspicious behavior
• Vehicle/occupant matching a BOLO alert

Addressing Unsafe Conditions

• Consider unsafe conditions (heavy traffic, construction, limited pull-over room) such as bridges or when transporting a prisoner

Steps for a Safe Traffic Stop

• Follow the vehicle until it is safe to initiate the stop
• Use defensive driving techniques
• Minimize disruptions to the flow of traffic
• Provide a description of the vehicle including its type, make, model, year, color, plate number and state, descriptors, and conditions/stickers
• Note unique identifiers of the driver and passengers, such as glasses, hat, hair, and beard

Notifying Dispatch

• Notify dispatch with your ID number
• Provide the location of the stop
• Provide final stop location updates
• Give the general direction of travel
• Describe the driver's vehicle including color, make, and approximate year
• State the license plate number and state
• Give the number of occupants in the vehicle
• Request assistance or backup, if needed

Selecting a Safe Location

• Choose a location that is well-lit with low traffic
• Consider the general speed and direction of vehicle or pedestrian movement
• Take into account road and traffic conditions such as merge areas, intersections, and acceleration lanes
• Check the width of the road or shoulder to allow passage of other vehicles
• Select a level spot or slight downgrade for the stop
• Avoid stopping on blind curves, ramps, crests of hills, or in bad road conditions

Activating Emergency Equipment

• Use lights and siren to signal the driver to stop
• If the driver does not respond, tap the siren for 1-2 seconds
• Once the driver acknowledges the signal to stop, follow the vehicle at a safe distance as it changes lanes
• Use the PA system to redirect the vehicle to a safer location
• Position the patrol car directly behind the driver's vehicle
• Utilize high beams, spotlight, and takedown lights to help conceal the patrol vehicle
• Always leave emergency lights activated
• Activate takedown lights to illuminate the interior of the car

Positioning the Patrol Vehicle

• Park the patrol vehicle 1 1/2 to 2 car lengths behind the suspect vehicle
• Use the offset-angle position by aligning the center of the patrol vehicle's hood with the taillight of the driver's vehicle
• Point the patrol vehicle's nose outward into the flow of traffic and turn the wheels away from traffic
• Offset-angle position may also provide cover
• When using a backup vehicle, offset it to the left or right behind the primary officer's vehicle
• Use only rear emergency lights, not front emergency lights on the backup vehicle
• Approach from the passenger side to prevent crossfire

Assessing the Situation

• Assess potential dangers before exiting the vehicle
• Look for indications of criminal activity

Exiting the Vehicle

• Check for on-coming traffic before exiting the vehicle
• Exit silently to assess the situation and quietly secure the door to prevent it from blowing open
• Adjust the portable radio to a low volume
• Request backup if anything appears dangerous

Approach Technique

• Exit using available cover
• Avoid walking between patrol and subject vehicles
• Be aware of brake/reverse lights, which could reveal your position
• When approaching the passenger's side, walk behind the patrol vehicle
• Keep flashlight off until making contact with the driver
• Look at the license plate for clues that it may not belong to the vehicle
• Check how it is attached
• Note the age of attachment/bolts relative to plate
• Check for expired registration or a tampered-with decal
• Note any presence of paint or dark film
• Look for dead insects on the front plate, which may indicate it is from another vehicle
• Inspect the trunk for signs of damage such as pry marks or holes near the lock
• Push down on the trunk to check it as you approach the vehicle
• Touch the trunk lid to transfer fingerprints in case the driver flees or goes missing

Driver's Side Approach

• Scan the entire vehicle for suspicious movements and examine the interior through the rear window
• Stay close to the driver's vehicle and hold the flashlight in your support hand
• Stop near the C-pillar to instruct the driver to roll down all windows if there is a passenger in the back seat
• If there is no one in the back, stop at the B-pillar

Passenger's Side Approach

• Can give you extra time to listen and observe
• Look for a popped or damaged ignition where the plastic housing around the steering column's base is open
• Look for exposed ignition wires pulled forward used to start the car without a key
• This may indicate a stolen vehicle

No-Approach Tactic

• Involves calling the driver back to the patrol vehicle and is used when the windows are highly tinted
• Used when the vehicle has multiple occupants
• Use when you cannot see what is going on inside the vehicle
• Assume a tactical position behind one of your patrol vehicle pillars, driver/passenger doors, or the rear
• Do not remain seated in the patrol car
• Use motion or the PA system to communicate with the driver, if they are looking at you

Interacting with Driver and Passengers

• Three main objectives
• Identify as LEO professionally, respectfully, and politely
• Explain the reason for the stop, focusing on what the vehicle did, not the driver
• Request documents (DL, registration, and insurance)
  • Ask where documents are kept
  • Never accept a wallet from the driver

Observing Behavior

• Watch occupants for signs of a threat, such as excessive or nervous movements
• Note if they are watching you intently, beyond normal curiosity
• Note if they are moving toward the floorboard or backseat
• Note any excessive motion, beyond natural curiosity
• Look for a rigid, wooden posture

Driver/Vehicle Information

• Verify that the information is current
• Compare the information on the registration to the VIN, make, model, and year
• Ask for the SSN if the driver doesn't have an ID
• Confirm that the insurance information is current and applicable to the driver

Firearm Suspicion

• If there is reasonable suspicion that there is a firearm, ask for its location
• Ask the driver to display both the license and proper identification

Occupant Documentation

• The driver is the only occupant required to provide documentation
• It can be reasonable to suspect other occupants of a violation or crime
• Confirm the identifying information with the entering agency if a query returns a hit

Choose a Course of Action

• Options include no action, verbal warning, written warning, citation, or arrest
• Civil infractions for juveniles are handled the same way as for adults
• Determine the course of action based on seriousness of offense, road conditions, weather, and traffic
• The action taken depends on the offense, severity, and agency SOPs
• If the driver is arrested, the LEO may search the vehicle, impound it, retain it, or arrange for a 3rd party to remove it while leaving it at the scene with the owner's consent

High-Risk Traffic Stop

• A high-risk traffic stop occurs when it's reasonably believed that the vehicle was stolen or used in a felony
• This includes if the occupants committed, or are committing a forcible felony or violent crime
• High-risk situations can include when occupants may be armed and dangerous
• High Risk can involve an active violent felony warrant being out for someone in the vehicle
• High risk traffic stops pose a higher risk to yourself or the public

Steps for High Risk Traffic Stop

• To identify the vehicle/suspect, first notify dispatch and request a secure channel
• Provide the location, travel direction, description, and vehicle location
  • This includes the type, make, model, year, color, plate number, and state
  • Also needed is descriptors, like damage, special markings (neon lights, stickers, writing, and decals)
  • Include any aftermarket modifications (truck boxes, spinning rims, tow hitches, and winches)
  • State any officer safety issues (tinted windows, gun rack, grill guard, raised chassis)
  • Number/description of occupants

Managing Dispatch and Backup

• If dispatch confirms information, you have reasonable suspicion to initiate a stop
• Do not turn on emergency equipment
• Conduct only if the driver's actions place the LEO, driver, or public at immediate risk
• Wait for backup, updating dispatch of locations, movements, observations of weapons; ask for ETA

Location of the Stop

• Provide well-lit area with light/no traffic, few/no pedestrians, plenty of room for all vehicles, unobstructed view
• Avoid locations that cause public harm
  • Visible to approaching traffic and all LEOs
  • Should be somewhere pedestrian/vehicle traffic can be stopped/redirected
  • Be away from heavy pedestrian/vehicle traffic
  • Be a place for at least 2+ backup units
  • Be a wide and straight roadway
  • Be an open/rural area rather than a business area

Coordinating with Other Officers

• The initiating officer usually serves as primary. Exceptions include k-9 relinquishing to patrol
• Coordinate with other officers using the radio
• Provide information to dispatch

Initiating the Stop

• Turn on all patrol emergency lights (takedown/high beams/spotlight)
• The primary officer may use siren and PA system if there is no response

Positioning the Patrol Vehicles

• The primary officer positions the patrol so that the driver’s door of the suspect’s vehicle is immediately visible
• 15-20 feet away. Agency policies and terrain dictate how far to offset the primary patrol vehicle
• Leave patrol engines running and turn off the siren
• Leave room for takedown area. This is a tactical area of advantage for LEO to handcuff/search occupants
  • Always in front of a fan, wedge, or other vehicle formation
• Position the first backup to the right of the primary patrol vehicle facing the suspect vehicle
  • At least 2 door-widths apart so doors can open
  • 3rd/4th to one side or other of fan formation with forward-facing patrol lights OFF
• Focus the backup vehicle’s takedown lights, high beams, and spotlight on suspect vehicle
• Exit and use available cover, like the door frame/rear of the vehicle
• Draw firearms and point with fingers outside the trigger guard
• If the driver pulls away, make a second attempt to pull over. Primary decides if the situation is legal, feasible, and necessary, and meets SOPs
• If suspects flee, initiate BOLO, set up a perimeter, and continue the high-risk stop, relaying details

Officer Assignments

• Briefly discuss roles of responding LEOs
• Primary assumes command. The situation dictates who verbally controls movements/actions of occupants
• Only one officer should give instructions
• The primary officer verbally controls occupants from the driver’s side at a time
• The contact officer approaches the suspect after being placed in a tactical disadvantage and is responsible for handcuffing. They provide defensive protection for the contact officer

Issuing Copmmands

• Identify as LEO using a PA system
• Maintain cover when giving voice commands
• Instruct occupants to put up their hands
• Treat any occupant who refuses to exit as a barricaded suspect (SOPs)

Verbal Commands

• Roll down the window
• Raise your hands again where I can see them
• If the vehicle's windows are heavily tinted and the occupants are not easy to see, instruct the occupants to put their hands outside the windows so they remain visible
• Turn off your engine
  • Note that because of newer car technology, there may not be a key in the ignition
• Remove and place your keys outside on the roof of your vehicle
• Open your door from the outside with that same hand
• Put your hand back above your head
• Exit the vehicle on the driver's side
• Keep your hands visible and put them above your head while facing away from me

Post-Exit Commands

• Step away from the vehicle
• Extend your arms above your head
• Lift the back of your shirt by the collar
• Slowly turn in a complete circle
  • Look for any weapons or obvious bulges from possible weapons as the driver turns in a circle with their shirt lifted
  • If you observe a weapon, advise the driver that if they move toward their weapon, you will use appropriate force -Refer to the techniques you learned in Defensive Tactics.
• Stop, turn, and face away from me
• Place your hands back in the air
• Slowly step backward toward the sound of my voice
  • Step at the back door (of a four-door vehicle)
  • Open the back door
• Continue backing up until I tell you to stop
• The contact officer takes over directing to takedown area (some agencies handcuff near front tires; other agencies handcuff behind backup vehicle)

Securing the Suspects

• Once the driver is in the takedown area, the contact officer instructs them to kneel, lie prone, and enter a position of disadvantage
  • Holster firearm and handcuff. Cursory pat-down
  • Walk handcuffed driver behind cover of the backup vehicle
  • Once secured in the vehicle, return to the position of cover
• Passengers are removed only when the driver is secured in the patrol vehicle
• Only one subject is taken out at a time
• Instruct the last passenger to leave the door open
• Plus one rule: If you find one of something, there is another
• Command any hidden passengers to make themselves known

Clearing and Searching Vehicle

• If there is no response to the last command, more than one officer approaches the vehicle with weapons drawn
• The officer with the best vantage point should give commands to the discovered passenger
• Consider retreating if the occupant refuses to come out
• Officers perform a systematic visual search
• After the interior is clear, retrieve the keys and open trunk
• One officer unlocks, other holds it down to prevent suddenly opening
• After opening, assume a safe position pointing firearm

Concluding The Stop

• After the scene is secure, the primary officer notifies dispatch to discontinue emergency radio traffic
• SOPs dictate disposition and documentation
• Document all information, confirmation of the warrant, contact with/arrest, and seized evidence