Unit 1: Unknown Risk Traffic Stops Lesson 1: Communication With Drivers PDF

11 Unit 1: Unknown Risk Traffic Stops Lesson 1: Communication With Drivers Lesson Goal At the end of this lesson, you will know how to professionally interact with people during a traffic stop. Think About This You stop a vehicle and when you begin to communicate w...

11 Unit 1: Unknown Risk Traffic Stops Lesson 1: Communication With Drivers Lesson Goal At the end of this lesson, you will know how to professionally interact with people during a traffic stop. Think About This You stop a vehicle and when you begin to communicate with the driver at the window, you realize they do not speak English. How do you handle this situation? The goal of every traffic stop is to promote driver education and safer roadways. During traffic stops, you may issue a uniform traffic citation or warning, you may make an arrest, or you may find that someone needs help. Decreasing Tension and Increasing Cooperation Exercise procedural justice and remain professional at all times. Traffic stops are tense, and how you inter- act with those in the vehicle could shape the way they view law enforcement. When stopped, a driver may react with embarrassment, anger, fear, or excuses. The situation can be tense. You can minimize negative and potentially unsafe results by conducting yourself professionally and follow- ing your training. Using the following steps can help you practice procedural justice and reduce tension in a traffic stop: Greet the driver and passengers politely, introduce yourself and your agency, and tell them why you stopped them. Give the driver the chance to speak. Request their driver’s license, registration, and proof of insurance. Explain why you made the stop. Describe the violation in terms of what you saw the vehicle, not the driver, do. Allow the driver to talk or vent; remain polite and focused, conveying to the driver that you are listening to them. Keep a pleasant expression, a calm tone of voice, and a non-confrontational interview stance while maintaining officer safety. Establish a command presence by using words that convey professionalism and respect. Chapter 11 Traffic Stops / 425  Respond politely to any argument from the driver; simply explain your observations and the vio- lation, if any. Whether or not you issue a warning or citation, listening respectfully will help many people calm down and accept the situation. Emphasize the importance of the enforcement action by explaining the seriousness of the viola- tion, such as the risk of a crash or other circumstance. Do not lecture the person on what they did wrong. Keep the detention time as short as possible. End the interaction with a “thank you for your cooperation,” or “drive safely.” Courteously provide the person with your rank, name, and badge or ID number upon request. Maintain your awareness of officer safety throughout the stop. Refer drivers to the appropriate person within your department if you are unable to answer all the driver’s questions. When dealing with a difficult or disrespectful driver, you may be tempted to respond with anger. If the en- counter gets heated, it is important to respond with professionalism and a level head. Use a reasonable tone of voice and give the driver the option either to comply with your request or be de- tained further for their non-compliance. A rational and reasonable approach will often defuse a situation that could otherwise escalate with an angry response from you. The person you stop could be stressed, tired, sick, or afraid. Use empathy to place yourself in their position. Do not take anything personally that a driver says to you. ; LE1111.1. Describe how to interact with persons involved in a traffic stop to encourage cooperation Bridging Communication and Language Barriers Language barriers can hinder communication. For example, some drivers may speak a language other than English. Determine the driver’s ability to understand you throughout the traffic stop. They may be fearful based on previous encounters with law enforcement, confused as to why they were stopped, or concerned about what they should do during the stop. Request an interpreter through dispatch. If an interpreter is not available, try to communicate as best as you can by using gestures. Follow your agency policies on the use of translation mobile phone applications or when using a passenger as an interpreter for the driver. Your agency may have a translation service avail- able. Drivers with hearing impairments may also require assistance, though some can read lips. Writing notes back and forth may be a good method in such a situation. Encourage communication by employing procedural justice strategies. Treat people with respect. Listen to what they have to say. 426 / Florida Basic Recruit Training Program (LE): Volume 1  Make fair decisions. Explain your actions. When communicating with people during a traffic stop, your professional behavior should be a posi- tive reflection of your agency and is a vital part of fostering positive relationships with members of your community. ; LE1111.2. Describe how to bridge communication and language barriers Chapter 11 Traffic Stops / 427 11 Unit 1: Unknown Risk Traffic Stops Lesson 2: Initiating the Stop Lesson Goal At the end of this lesson, you will know when and how to initiate a safe and professional unknown risk traffic stop. Think About This While patrolling at night, you notice a car with a broken tail light and initiate a traffic stop. The road you are on is a secluded state highway. The driver continues for miles before finally stopping in a gas station parking lot. What are some possible reasons why the driver didn’t immediately pull over? Traffic stops are among the most frequent activities that officers perform. A traffic stop is the lawful and temporary detention of a pedestrian or driver of a vehicle for the purpose of traffic enforcement. Although officers conduct traffic stops regularly, you should not become complacent when conducting one. There is a potential risk of harm each time you make a stop. Many officers are injured or killed during traffic stops. Traffic stops require that you apply officer safety skills and situational awareness at all times. Deciding to Make a Traffic Stop You may decide to make a traffic stop while driving, or when your vehicle is stopped or parked. Choose a safe parking place where you can monitor vehicle movement and watch for traffic violations. For example, when watching drivers at a traffic light intersection, park your patrol vehicle where it does not obstruct traffic flow but can enter the road quickly and safely to make a stop. Safe places include areas with a wide shoulder, available parking areas, and areas with an unobstructed view of oncoming traffic when entering the road. A traffic stop begins the moment you observe a violation that merits a stop. Some of the reasons to stop a vehicle include BOLOs, reasonable suspicion, or probable cause. All traffic stops begin as unknown risk traffic stops, because the potential risk of the situation is unknown to you at the time of the stop. You may stop a vehicle if the driver commits a traffic infraction or to assist a motorist whose vehicle is having me- chanical trouble. You may have reasonable suspicion that a driver has committed, or is about to commit, a crime. Other justifications for a traffic stop can be to investigate suspicious behavior or to investigate a vehicle or occupant matching a BOLO description. During the stop, keep in mind that all vehicle occupants are innocent until proven guilty. Once you see a lawful reason for a stop, decide whether it is necessary, prudent, and safe to stop the vehicle. If immediately stopping the driver may endanger you or other motorists, do not make the stop. Unsafe conditions for a stop include heavy traffic, construction, or roadway conditions that do not allow room to pull over. For example, a bridge is not a safe place for a traffic stop. 428 / Florida Basic Recruit Training Program (LE): Volume 1 If you are driving to an emergency call or an in-progress crime, or are transporting a prisoner, stopping a driver for a traffic violation is generally not practical. However, a reckless driver who is immediately endan- gering the lives of others may justify a stop, even if stopping means abandoning an earlier call. Your agency policies will dictate what takes priority in these situations. ; LE1112.1. Describe circumstances that justify making a lawful traffic stop Steps for Initiating an Unknown Risk Traffic Stop There are 10 steps for completing an unknown risk traffic stop. The first four steps involve initiating the stop. Some steps may happen at the same time. Step 1: Follow a vehicle through traffic until it is safe to make the traffic stop. Step 2: Notify dispatch of the traffic stop. Step 3: Select a safe location to stop. Step 4: Activate emergency equipment to communicate the stop to the driver. Step 1: Follow the vehicle through traffic until it is safe to make the traffic stop Use defensive driving techniques to catch up with the vehicle, follow at a safe distance, and signal all lane changes. A well-executed traffic stop should have a minimal effect on traffic flow. Consider calling for backup, based on your agency policies and procedures. You may have to follow the driver’s vehicle for an extended period before you initiate a safe stop or before requested backup arrives. Continuously observe the vehicle from the time of the violation until you complete the stop. Note the vehicle’s description, including its type, make, model, year, color, plate number and state of issue, and any vehicle descriptors, such as condition, bumper stickers or decals, dents, or a truck toolbox. Observe the driver and any passengers for unique identifiers such as glasses, hat, hair, or beard. ; LE1112.2. Describe how to follow the driver until it is safe to make a traffic stop Step 2: Notify Dispatch of the Traffic Stop Your safety depends on how much information you can gather before making a traffic stop. Relay the fol- lowing general information to dispatch: your radio identification number your location, such as the street, cross street, house number, or mile marker Location information is crucial on interstates and divided highways. If the situation escalates and you become injured or cannot use the radio, dispatch can pinpoint your location. If the final stop location changes, update dispatch immediately. your general direction of travel: north, south, east, or west Chapter 11 Traffic Stops / 429  a description of the driver’s vehicle, including color, make, approximate year the license plate number and state of issue Provide enough information so that dispatch can perform a database check before you approach the vehicle. If practical, provide enough information so that dispatch can perform a database check before the stop, as it might reveal important information about the operator or vehicle. the number of occupants and descriptions if possible the need for backup or other assistance as required ; LE1112.3. List the information to provide to dispatch during an unknown risk traffic stop Step 3: Select a Safe Location to Stop Select a safe location to initiate the stop. Plan to conduct the stop in an area that gives the driver a place to stop safely, preferably in a well-lit location with a low traffic volume. Be ready to adjust and react quickly to any developments once the driver stops their vehicle. Any suspicious activity by the driver or passengers can increase the level of risk. Request backup based on your evaluation of the situation and agency policies and procedures. Consider traffic flow when planning the traffic stop. Traffic flow is the general speed and direction of ve- hicle or pedestrian movement. Weather conditions, school zones, construction zones, and neighborhood activities all affect traffic flow and can slow drivers and cause congestion. In addition to traffic flow, cer- tain road and traffic conditions increase the potential for danger for both the officer and the driver. These include merge areas, intersections, and acceleration lanes. If you have an assigned patrol zone, become familiar with normal traffic flow, speed limits and the locations where the limits change, and changes to traffic flow and conditions at different times of day. Except in emergencies, choose a location where the driver can maneuver out of the flow of traffic. The location should be a place where both you and the driver can avoid the danger of passing vehicles. Passing traffic is not the only risk, as stopping a vehicle in a populated area may create a volatile and dangerous scene. Other drivers may slow down to see what is happening, which can cause a traffic jam or hazard. Be aware of your situation and safety at all times. Check the width of the road and the shoulder to make sure that both you and the driver are far enough off the road so that other vehicles can pass. This reduces the potential for crashes, especially in a congested area where other drivers may not be able to change lanes to give you extra room. Try to pull off onto a level spot or a slight downgrade. Stopping on an upgrade may cause a large vehicle to roll into the patrol vehicle. Do not make a stop on a blind curve, on or close to a ramp, close to a crest of a hill, or where road conditions could cause other vehicles to hit the patrol vehicle. Take special precaution when conducting stops in areas where children are present, such as school zones or parking lots. ; LE1112.4. Describe how to select a safe location for an unknown risk traffic stop 430 / Florida Basic Recruit Training Program (LE): Volume 1 Step 4: Activate Emergency Equipment to Communicate the Stop to the Driver Signal the driver to pull over using your lights and siren. Once you signal the driver, you have limited control over where the driver will stop. Your interaction with the driver may begin before you signal the driver to stop. The driver may indicate that they know you are asking them to stop. They may look into the rearview mirror and make eye contact with you, signal a lane change to pull over, or suddenly reduce speed. Once the driver acknowledges that you have directed them to stop: Follow the vehicle as the driver changes lanes. Follow the vehicle at a safe distance. Direct the driver to a safer location if you are uncomfortable with the initial location. Begin communicating the stop by pulling your patrol vehicle directly behind the driver’s vehicle. You are required to turn on your emergency notification equipment once you are in a safe location to make the stop. Emergency notification equipment includes emergency lights, siren, headlights, the PA system, and a horn. It may not be necessary to use all the emergency notification equipment to communicate during the stop. Follow your agency policies. Use flashing emergency lights when conducting traffic stops. Emergency lighting systems differ among agencies, and each driver reacts differently to them. Some might panic and stop in the left lane, skid to a stop, or swerve. Others ignore the lights. If this happens, tap the siren for one or two seconds. The patrol vehicle’s high beams, spotlight, and takedown lights (white lights facing forward on the light bar) will help to conceal you from the driver’s view. Leave the emergency lights on at all times to warn oncoming traffic during the stop. If the stop occurs at night, spotlights can provide additional lighting. Consider turning on the patrol vehicle’s high beams, unless they interfere with oncoming traffic or restrict your vision by reflecting off the driver’s rear bumper or other object. To illuminate the interior of the driver’s vehicle, activate the takedown lights if your patrol vehicle is equipped with them. This also prevents the driver from seeing into the patrol vehicle. Stay far enough behind the vehicle so that you can react to any situation. Use safety precautions, such as avoiding traffic lanes, watching for pedestrians, and protecting the driver. If you need to move to a safer location, give clear, firm verbal directions using the PA system. You might say, “Driver, proceed into the parking lot ahead to the right,” or “Driver, pull your vehicle farther to the right.” If the driver flees instead of stopping as instructed, you should follow your agency’s protocol regarding vehicle pursuit. ; LE1112.5. Describe when to activate the patrol vehicle’s emergency equipment Chapter 11 Traffic Stops / 431 11 Unit 1: Unknown Risk Traffic Stops Lesson 3: Conducting the Stop Lesson Goal At the end of this lesson, you will know how to conduct a safe and professional unknown risk traffic stop. Steps for Conducting an Unknown Risk Traffic Stop The last six steps involve conducting the stop. Some of the steps may happen at the same time. Step 5: Park the patrol vehicle. Step 6: Conduct a visual assessment of the vehicle and occupants. Step 7: Exit the patrol vehicle. Step 8: Determine the safest approach technique. Step 9: Interact with the driver and passengers. Step 10: Choose a course of action. Step 5: Park the Patrol Vehicle Because of roadway conditions, traffic, and other environmental factors, each traffic stop is unique. After stopping the driver in a safe location, park your patrol vehicle a safe distance behind the driver’s vehicle, about 1½–2-car lengths behind the vehicle. If the driver stops on the right side of the road, position your patrol vehicle in the offset-angle position. Align the center of your vehicle’s hood with the tail light of the driver’s vehicle and point your vehicle’s nose outward into the flow of traffic. This vehicle position creates a safety corridor for you to walk when approaching the stopped vehicle. Turn your wheels away from traffic. Angling the vehicle may also provide cover if the driver shoots a weapon. If needed, use the PA system to direct the driver to move their vehicle further to the right to improve safety and reduce the obstruction of traffic. 432 / Florida Basic Recruit Training Program (LE): Volume 1  Figure 11-1: Offset- angle positioning on the right Figure 11-2: Offset- angle positioning on the left shoulder of the road shoulder of the road Due to environmental conditions or roadway obstacles, you may have to conduct a traffic stop on the left side of the road. In emergencies or less than optimal conditions, you may have to conduct a traffic stop on the roadway. Move your vehicle to the far outside of the driving lane and place it in an offset-angle position. Figure 11-3: Offset- angle positioning in driving lane of the road ; LE1113.1. Determine how to park the patrol vehicle safely after the driver stops Chapter 11 Traffic Stops / 433 Position the Backup Patrol Vehicle The backup officer should park their patrol vehicle at a safe distance behind the primary officer’s vehicle. Depending on the conditions of the traffic stop, the backup officer may offset their vehicle to the left or the right of the primary officer’s vehicle. The backup officer should not use the front emergency lighting, to avoid blinding or silhouetting the primary officer, and should use only rear emergency lights. The backup officer should approach the driver’s vehicle along the passenger’s side of the primary officer’s vehicle. Figure 11-4: Positioning (offset of primary) of Figure 11-5: Positioning (offset- angle of primary) of backup patrol vehicle backup patrol vehicle ; LE1113.2. Describe how the backup officer should park their patrol vehicle in relation to the primary officer’s car to prevent a crossfire situation Step 6: Conduct a Visual Assessment of the Driver’s Vehicle and Occupants Assess the vehicle for signs of danger before you exit your patrol vehicle. Visually assess the vehicle from the safety of your vehicle. If the occupants try to exit their vehicle, your discretion and agency policies will determine whether you order them back into the vehicle. Look for signs of criminal activity. If the vehicle’s rear end appears to be significantly lower than the front, the vehicle could be carrying stolen merchandise, drugs, tools, a person, or a corpse. ; LE1113.3. Describe how to visually assess the vehicle, driver, and passengers for officer safety 434 / Florida Basic Recruit Training Program (LE): Volume 1 Step 7: Exit the Patrol Vehicle After checking for oncoming traffic in the rearview and side-view mirrors, exit your vehicle quickly. A silent exit from the patrol vehicle may give you time to approach the driver’s vehicle and assess the situation be- fore the driver reacts. Quietly secure your vehicle door so it will not blow open and strike a passing vehicle. Adjust your portable radio volume to low. Continuously observe the driver’s vehicle and all its occupants. Be prepared to transition to a high-risk vehicle stop based on your threat assessment. If a situation seems dangerous, request backup and wait for its arrival before taking any further action. If you receive informa- tion about, or become aware of, a threat, consider returning to your patrol vehicle and transitioning to a high-risk traffic stop. High-risk traffic stops are explained in Unit 2. ; LE1113.4. Describe how to safely exit the patrol vehicle Step 8: Determine and Apply Appropriate Approach Techniques When you exit the patrol vehicle, use available cover. To prevent injury, avoid walking between your patrol vehicle and the subject’s vehicle. The driver could reverse their vehicle or another vehicle could accidently strike your vehicle, pinning you between the two vehicles. Stay out of the flow of traffic. Be aware of brake lights or reverse lights. At night, avoid crossing in front of the headlights, which would reveal your position. If you need to approach the passenger’s side of the driver’s vehicle, walk behind your vehicle. Consider keeping your flashlight off while on approach until you make contact with the driver and passengers. Look at the license plate for clues that the plate may not belong to the driver’s vehicle: the way the plate is attached, suggesting the license plate is from another vehicle the age of the license plate attachment relative to the age of the plate (for example, shiny, new bolts on a dirty plate) an expired registration sticker or tampered-with decal, suggesting it was removed from another plate paint or dark film on the license plate the presence of dead insects on the plate, suggesting it was the front plate of another vehicle Check the trunk for signs of damage, such as pry marks or a hole in the trunk where the lock should be. These are common signs of a stolen vehicle. Push down on the trunk as you approach the vehicle. Doing so will lock in anyone hiding inside the trunk. However, be aware that modern technology allows someone to open the trunk from the inside of the ve- hicle or the inside of the trunk. Touch the trunk lid during every traffic stop, even if the trunk lid appears closed. This transfers your fin- gerprints to the vehicle, which will serve as evidence of your contact with the vehicle if the traffic stop deteriorates into a crime scene, the driver flees, or you go missing. Chapter 11 Traffic Stops / 435 Approach the Vehicle on the Driver’s Side Option Approach the driver’s vehicle cautiously, constantly assessing the situation. Do not fix your full attention on any one part of the scene, but rather scan the entire vehicle and its occupants for suspicious move- ments. Examine the interior of the vehicle while looking through the rear window into the rear seat. Try to determine the number of passengers, the position of the rear seat, and the presence of any potential weapons or contraband. Stay close to the driver’s vehicle. Depending on con- ditions and location, a flashlight may be needed dur- ing daytime. If a flashlight is used, keep it in your support hand. When approaching the vehicle, if you see a passen- ger in the backseat, stop at the back edge of the rear window, also known as the C-pillar. Remain behind the C-pillar for cover. Instruct the driver to roll down all the windows on the driver’s side of the vehicle so that you can easily observe the passengers in the backseat. If there are no passengers in the backseat, stop at the back edge of the driver’s window, also known as the B-pillar. Remain behind the driver’s B-pillar for cover. This gives you a position of tactical advantage while maintaining a safe distance when talking with Figure 11-6: Vehicle pillars the driver. ; LE1113.5. Describe how to safely approach the vehicle Approach the Vehicle on the Passenger’s Side Option The occupants of the vehicle will expect you to approach on the driver’s side. Approaching on the passen- ger’s side of the vehicle may give you extra time to listen and observe if the driver is concealing something on their right side, for example, a weapon, an alcoholic beverage, drugs, or drug paraphernalia. Observe if there is a popped or damaged ignition, which may indicate a stolen vehicle. Evidence of a popped or damaged ignition includes popped open plastic housing around the steering column’s base and exposed ignition wires pulled forward to start the car without a key. At this point during the traffic stop, call for backup if the situation suggests a potential threat. 436 / Florida Basic Recruit Training Program (LE): Volume 1  Figure 11-7: Traffic stop guidelines Call the Driver Back to the Officer’s Patrol Vehicle, “No-Approach” Option If you do not feel safe approaching the vehicle, you may use the no-approach tactic, which calls the driver to the patrol vehicle. Consider using the no-approach tactic if the driver’s windows are tinted dark, if there are multiple occupants, or if you cannot see what is going on inside the driver’s vehicle. If you decide to call the driver back to the patrol vehicle, assume a tactical position behind one of your patrol vehicle pillars, the driver’s or passenger’s side door, or the rear of the patrol vehicle. Do not remain seated in your car. If the driver is looking at you directly or through a side or rearview mirror, you can mo- tion the driver to come back to the patrol vehicle, or use the PA system to direct the driver to walk toward the patrol vehicle. As the driver approaches, be observant, especially of the driver’s hands, for any signs of aggression or the presence of a weapon. ; LE1113.6. Describe how to conduct the “no-approach tactic” Chapter 11 Traffic Stops / 437 Step 9: Interact with the Driver Initial Interaction There are three main objectives during the initial interaction with the driver. These are: 1. When interacting with the driver, begin by identifying yourself as a law enforcement officer, es- pecially if you are not in uniform. As discussed in Chapter 2, display a courteous but commanding presence, and you are less likely to encounter resistance. Make sure your expression, tone of voice, body position, gestures, and words are professional, respectful, and polite even while you are being assertive. 2. Explain the reason for the stop. Describe what you observed the vehicle, not the driver, doing, and request the required documentation. For example, an explanation for the stop might include the observation that the vehicle’s tail lights are not working. Allow the driver to offer an explana- tion, such as vehicle malfunction. If the driver states they have a medical condition that explains the violation, contact dispatch to request medical assistance for the driver and arrange for a rela- tive or responsible person to remove the vehicle or have it towed. 3. Ask the driver to provide their driver’s license, registration, and insurance information. You may ask the driver where they keep the documents. This will help you predict where the driver’s hands will move. If the driver reaches to open the glove compartment or other inside compart- ment, request that they do it slowly. Pay close attention to both of the driver’s hands. The driver could use the reaching hand as a distraction while going for a weapon or object with the other hand. Expect the driver to retrieve this information from a wallet, glove compartment, or center console. Never accept a wallet from the driver. Instead, ask the driver to remove the license from the wallet. This prevents the driver from later making accusations of theft. Observe the driver’s and passenger’s behavior for signs of a threat, such as: moving excessively and nervously watching you intently, beyond normal curiosity moving toward the floorboard or backseat making excessive motion, beyond natural curiosity sitting in a rigid, wooden posture Use observation skills, safe positioning, and safe distancing when interviewing the driver or passengers. If the situation becomes dangerous or unstable, increase the distance between you and the stopped vehicle. Be aware that the driver or passengers may have lethal opioid drugs, such as fentanyl, in the vehicle. Follow agency policies and procedures regarding administering an emergency opioid antagonist if you encounter these types of opioids, as they may pose a life-threatening situation. ; LE1113.7. Describe how to interact with a driver while maintaining officer safety 438 / Florida Basic Recruit Training Program (LE): Volume 1 Driver and Vehicle Information Verify that the information on the driver’s license is current. Compare information on the vehicle registra- tion to the VIN, make, model, and year of the vehicle. If the driver does not have identification, ask for their Social Security number. Confirm that the insurance information is current and applicable to the driver’s vehicle. A driver can provide proof of insurance in either a uniform paper or electronic format, as approved by DHSMV. While the Florida driver’s license has the designation for sex as either F for female or M for male, several states have a third sex or gender option, usually designated by the letter X. If you encounter a driver with an X on their license, or an individual whose appearance doesn’t match the sex on their license, follow your agency’s policies and procedures on how to enter the data into the system. As you talk with the person, treat them with the same respect you would show to anyone else; for example, if you are not sure how to address the person, ask their preference. ; LE1113.8. Describe how to verify the driver’s identity and vehicle ownership Legal Carry of a Concealed Weapon The driver or a passenger may tell you that they have a weapon on their person or in the vehicle, even though they are not required to do so. However, they must carry the concealed weapon or firearm license together, with valid identification, at all times when they are carrying a concealed weapon or firearm. If you have reasonable suspicion there is a firearm in the vehicle, ask for its location in the vehicle. If you de- termine that a firearm is concealed and readily accessible for immediate use, then ask the driver to display both the license and proper identification. Be familiar with your agency policies and procedures regarding traffic stops that involve a concealed weapon or firearm license. ; LE1113.9. Describe how to respond if you suspect that there is a firearm in the vehicle Passenger Information The driver is the only occupant in the vehicle required to provide documentation. However, should you suspect other occupants of a violation or crime, request their documents that provide accurate personal information such as: driver’s license or state-issued identification card (with picture) school picture identification military ID permanent resident card (green card) Chapter 11 Traffic Stops / 439 After obtaining the driver’s and passengers’ documentation, complete the criminal justice database checks or request dispatch to complete them. Remember to keep an eye on the vehicle and its occupants while you run the database checks. The information from DAVID and FCIC/NCIC can be useful during traffic stops. Recall from Chapter 5 that these databases provide information on people with outstanding arrest war- rants nationally, driver’s licenses, and vehicle registrations. If your query returns a hit, and you confirm the identifying information with the entering agency, take the appropriate action, which may include making an arrest or impounding the vehicle. ; LE1113.10. Describe how to obtain passenger information Step 10: Choose a Course of Action You may decide to take no action, issue a verbal warning, issue a written warning, issue a citation, or make an arrest. The law, your agency policies and procedures, and the circumstances of the violation affect your enforcement options. Some agencies do not permit officers to issue written or verbal warnings. Handle civil traffic infractions for a juvenile in the same way as for adults. Weigh the seriousness of the offense and the road, weather, and traffic conditions when deciding a course of action. You may request that the driver and any passengers stay in the driver’s vehicle or ask them to move to a designated area away from the vehicle but within your sight. This can make attacking you from behind more difficult as you choose or implement your course of action. Complete the traffic stop by returning the driver’s documents with a copy of the warning or citation and any relevant public information pamphlets that your agency may provide. Professional behavior can make this interaction easier if you clearly explain options for handling the citation. Do not argue about the merits of the citation with the driver. Traffic stops are documented in many ways, such as through dispatch, computer, written warning, UTC, in- car video system, or body camera. If the driver expresses a desire to make a complaint against you, politely explain the process for doing so and notify your supervisor according to your agency policies and proce- dures. Allow an upset driver time to calm down before the driver leaves. When the driver is ready, make sure they are able to re-enter traffic safely. Return to your vehicle and clear the traffic stop with dispatch. ; LE1113.11. Explain the actions you may take for a traffic violation Arrests During Traffic Stops During a traffic stop, you may develop probable cause to justify an arrest of a driver or a passenger for an offense that came to your attention during your investigation. Whether you make a physical arrest or take some other action will depend on the nature of the offense, the severity of the circumstances, and your agency policies and procedures. Before making an arrest, you should call for backup. When the backup officer arrives, work together on the best strategy to conduct the arrest. Keep in mind that during an arrest, there is always potential for resis- tance or violence. Remember to maintain a professional standard of conduct at all times. ; LE1113.12. Determine when to make a lawful arrest for an unrelated offense during a traffic stop 440 / Florida Basic Recruit Training Program (LE): Volume 1 Disposition of the Vehicle and Passengers If you arrest a driver during the course of a traffic stop, you will have to decide what to do with the vehicle and any passengers. Treat the passengers with dignity and respect. Witnessing a friend or family member being placed under arrest will cause some individuals to react or become emotional. Depending on the offense, you may search the vehicle, impound it, or retain it for evidence. If you impound it, follow agency policies and procedures to inventory the contents of the vehicle and remove and secure any driver or pas- senger possessions. You may arrange for a third party to remove the driver’s vehicle or leave it at the scene with the owner’s consent. If the vehicle is stolen, follow agency policies and procedures. If the vehicle must be impounded, contact a wrecker to take the vehicle to the impound lot. ; LE1113.13. Describe how to remove passengers and the vehicle from the scene after arresting the driver Chapter 11 Traffic Stops / 441 11 Unit 2: High-Risk Traffic Stops Lesson 1: Initiating the Stop Lesson Goal At the end of this lesson, you will know when and how to initiate a safe and professional high-risk traffic stop. Think About This What are some of the factors that would lead an officer to conduct a high-risk traffic stop? A high-risk traffic stop happens when you reasonably believe that the vehicle was stolen or used in the commission of a felony, or that the occupant(s) of the vehicle: has committed, or is committing a forcible felony or a crime of violence, may be armed and dangerous, may have an active violent felony warrant, or pose a higher risk to yourself or the public. Unknown risk traffic stops become high risk when any of the above criteria are present. A high-risk traffic stop requires you to think and act quickly, and to rely on your training and agency policies. Listening, observing, coordinating with other officers, and maintaining constant communication are espe- cially critical during high-risk traffic stops. Steps for Initiating a High-Risk Traffic Stop There are 10 steps for completing a high-risk traffic stop. The first four steps occur when the primary officer initiates the stop. Some of the steps may happen at the same time. Step 1: Identify a vehicle or a suspect. Step 2: Identify the location of the stop. Step 3: Coordinate with other officers. Step 4: Initiate the stop. ; LE1121.1. List the steps to safely initiate a high-risk traffic stop 442 / Florida Basic Recruit Training Program (LE): Volume 1 Step 1: Identify a Vehicle or a Suspect You might receive information about a BOLO during roll call or over your vehicle computer while on patrol. If you identify a vehicle or suspect who matches the details from the BOLO, notify dispatch that you may have located the vehicle or suspect. Request a secure channel, and provide dispatch your location and travel direction, and the suspect’s vehicle’s location and description including: vehicle make, model, and year (when identifiable) vehicle color plate number and state of issuance any visible damage to the vehicle special markings, such as neon lights, bumper stickers, writing on windows, decals aftermarket modifications, such as truck boxes, spinning rims, tow hitches, winches officer safety issues, such as tinted windows, gun rack, grill guard, raised chassis number and a description of the occupants If dispatch confirms the driver and vehicle information you provided, you have reasonable suspicion to initiate the stop. Follow the suspect’s vehicle and maintain constant visual contact with the vehicle. Know your agency policies and procedures for safe vehicle speeds when following a suspect in a vehicle. Do not turn on the emergency equipment. If backup is unavailable from your agency, ask dispatch to request as- sistance from another agency. Do not conduct a high-risk traffic stop alone unless the driver’s behavior forces action. Conduct the stop alone only if the driver’s actions or vehicle movement places you, the driver, or the public at immediate risk. ; LE1121.2. Identify vehicle and suspect information to provide to dispatch before making a high- risk traffic stop Waiting for Backup It is recommended that you request and, if possible, wait for backup before acting in a high-risk traffic stop situation. Maintain contact with dispatch and responding units at all times. As circumstances change, update dispatch and backup on the movement and route of the suspect’s vehicle, activity of the occupants in the vehicle, and any observations of weapons or contraband. Regular updates to dispatch can prevent confusion and can direct backup officers to the correct location. Communication is an important task for you in any traffic stop. Periodically ask dispatch to provide the location and estimated time of arrival (ETA) for the backup units. An accurate ETA may help you plan for the safest stopping location. ; LE1121.3. Describe how to request and wait for backup Chapter 11 Traffic Stops / 443 Step 2: Identify the Location of the Stop Determine a safe location to stop when backup officers arrive. Attempt to locate a place that is well lit, has light or no traffic, few or no pedestrians, and provides plenty of room for all vehicles. An ideal, safe stop- ping location should have an unobstructed view between the suspect’s vehicle and the patrol units, and to avoid public harm, be: visible to approaching traffic and all involved officers in a place that vehicular and pedestrian traffic can be stopped or redirected to a safe location away from heavy pedestrian and vehicle traffic large enough to accommodate two or more backup units on a wide and straight roadway in an open or rural area rather than a business area ; LE1121.4. Identify an appropriate location to conduct a high-risk traffic stop Step 3: Coordinate With Other Officers Usually, the initiating officer serves as the primary officer. There are exceptions to this rule. For example, a canine unit may relinquish the role of primary officer to a patrol officer. If possible, attempt to stop all vehicular and pedestrian traffic. When backup officers arrive, the primary officer chooses a safe stopping location. Using the radio, the primary officer directs the responding patrol units to positions of backup or control of the driver and passengers. Backup officers should know what is expected of their positions to work safely and effectively as a team. When there is enough backup to initiate the high-risk stop, the primary officer provides dispatch the loca- tion of the stop, and information regarding the driver’s and the passenger’s actions and behavior. Step 4: Initiate the Stop All officers must turn on their patrol vehicle’s emergency lights to direct the driver to stop, and are to keep them on throughout the entire stop. This includes takedown lights, high beams, and spotlights. The lights may help protect officers from potential attack by the suspect. Using blinding light for safety can be effec- tive during day or night. The primary officer may use a siren if the driver does not respond to the emergency lights and may use the PA system to give directions to the driver to pull over. If the driver flees and does not stop as directed, you should follow your agency’s protocol regarding vehicle pursuit. 444 / Florida Basic Recruit Training Program (LE): Volume 1 11 Unit 2: High-Risk Traffic Stops Lesson 2: Conducting the Stop Lesson Goal At the end of this lesson, you will know how to conduct a safe and professional high-risk traffic stop using verbal commands. The last six procedural steps for the primary officer to take when involved in a high-risk traffic stop are as follows. Some of these may happen at the same time. Steps for Conducting a High-Risk Traffic Stop Step 5: Position the patrol vehicles. Step 6: Decide officer assignments. Step 7: Issue commands. Step 8: Secure the suspects. Step 9: Clear and search the vehicle. Step 10: Conclude the stop. Step 5: Position the Patrol Vehicles Positioning the Primary Patrol Vehicle Once the vehicle stops, the primary officer positions their patrol vehicle so that the driver’s door of the suspect’s vehicle is immediately visible. Officers should stop at a safe distance behind the suspect’s ve- hicle, 15–20 feet, as more distance provides more protection. Officers should also keep their patrol vehicle engines running in case they need to react to changes in the situation. If your siren is activated, turn it off. Agency policies and the physical situation (terrain, type of intersection, whether it is a highway or street, officer safety) help officers determine how far to offset the primary patrol vehicle. Generally, the primary patrol vehicle should offset toward the driver’s side of the suspect’s vehicle. Lastly, make sure you leave room for a takedown area. A takedown area is a tactical area of advantage for the officer to handcuff and search the driver or passengers. The takedown area is always in front of a fan, wedge, or other patrol vehicle formation. Chapter 11 Traffic Stops / 445  Figure 11-8: Takedown area and safe zone with fan of Figure 11-9: The Wedge backup position vehicles The back of the patrol vehicle formation is preserved as the “safe zone.” The safe zone is always behind the patrol vehicle formation and the place where secured suspects are thoroughly searched before being placed in a patrol vehicle. Positioning the Backup Patrol Vehicles The positioning of the backup vehicles will also be dictated by the location and terrain of the stop. A high- risk traffic stop usually involves many backup units. Position the first backup patrol vehicle to the right of the primary patrol vehicle and facing the suspect’s vehicle. Position all backup vehicles at least two door widths apart so that all vehicle doors can open completely, facing the suspect’s vehicle. Focus the backup vehicle’s takedown lights, high beams, and spotlight on the suspect’s vehicle. Position a third vehicle (or fourth) to one side or to the other of the fan formation. If you choose to position a patrol vehicle at the rear of the primary patrol vehicle, turn off the forward-facing emergency lights. ; LE1122.1. Describe how to safely position the primary and backup patrol vehicles 446 / Florida Basic Recruit Training Program (LE): Volume 1 Taking Cover Using the Patrol Vehicle Exit your vehicle and use available cover for safety after the suspect’s vehicle has stopped and all patrol vehicles are positioned. Your patrol vehicle is usually the most effective and readily available cover; this includes the door frame and the rear of the vehicle. However, there may be instances where other environ- mental cover will offer better protection. Once all officers are in position, they should draw their firearms and point them at the suspect’s vehicle with their fingers outside the trigger guard. Visually locate all other responding officers, and be mindful of other officers in your crossfire. The situation will dictate your position. ; LE1122.2. Describe how to use a patrol vehicle as cover Pursuit Considerations If the driver pulls away after you initiate the stop, make a second attempt to pull over the vehicle. If the driver does not stop, the primary officer must decide whether the situation is legal, feasible, necessary, and meets their agency’s criteria for pursuit. If a supervisor advises against pursuing or advises canceling the pursuit at any time, all officers must comply. If the vehicle stops and any suspects flee the vehicle, initiate a BOLO, set up a perimeter, and continue with the high-risk stop. Relay the details of the fleeing suspects to other responding officers. If the suspect vehicle begins to flee from the stop and then crashes, initiate a BOLO, set up a perimeter, and follow the high-risk traffic stop procedures. ; LE1122.3. Identify when to conduct a vehicle pursuit that is legal, feasible, and necessary Step 6: Decide Officer Assignments Taking Command of the High-Risk Traffic Stop Hold a brief discussion to determine the roles of the responding officers. While the primary officer assumes command of the high-risk traffic stop, the situation dictates who verbally controls the movements and ac- tions of the driver and passengers. Only one officer should give instructions. Most of the time the primary officer verbally controls all occupants from the driver’s side one at a time. Use loud, concise, clear commands. The contact officer should approach the suspect after the suspect is placed in a position of tactical disad- vantage. The contact officer is responsible for handcuffing the suspect and searching the suspect before securing them in a patrol vehicle. The cover officer provides defensive protection for the contact officer during the arrest. All officers must maintain situational awareness throughout the incident. There can be many officers moving within the traffic stop location. There will be noise, lights, and a heightened sense of anxiety. Keep yourself and your team safe during the incident by paying attention to what is happening around you. Practice deep breathing, remain focused, take your time, and recall your training. ; LE1122.4. Differentiate between the roles of the primary and backup officers Chapter 11 Traffic Stops / 447 Figure 11-10: Felony traffic stop with two police units Figure 11-11: Felony traffic stop with three police units Step 7: Issue Commands Verbal Commands You may use the PA system to identify yourself as a law enforcement officer. Maintain cover when giving voice commands. Instruct all occupants to put up their hands to where they are clearly visible. If the driver does not immediately respond to your command, repeat the command. If they are still unre- sponsive, reassess and follow your agency’s policies for the situation at hand. If an occupant absolutely refuses to exit the vehicle, treat them as a barricaded suspect and consult your agency policies. The following is an example of the verbal commands the primary officer can issue to control the occupants of the vehicle: 1. “Roll down all the windows.” 2. “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 oc- cupants to put their hands outside the windows so they remain visible. 3. “Turn off your engine.” Note that because of newer car technology, there may not be a key in the ignition. 448 / Florida Basic Recruit Training Program (LE): Volume 1  4. “Remove and place your keys or key fob outside on the roof of your vehicle.” 5. “Open your door from the outside with that same hand.” 6. “Put your hand back above your head.” 7. “Exit the vehicle on the driver’s side. Do not close the driver’s door. Keep it open.” 8. “Keep your hands visible and put them above your head while facing away from me.” Once the driver has exited the vehicle, the primary officer can continue issuing the following commands: 1. “Step away from the vehicle.” 2. “Extend your arms above your head.” 3. “Lift the back of your shirt by the collar.” 4. “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. 5. “Stop, turn, and face away from me.” 6. “Place your hands back in the air.” 7. “Slowly step backward toward the sound of my voice.” If the vehicle has four doors, instruct the driver to: “Stop at the back door (of a four-door vehicle).” “Open the back door.” 8. “Continue backing up until I tell you to stop.” The contact officer will take over and issue commands to the driver directing them to the takedown area to be secured and searched. Where you handcuff the driver and passengers may vary. Some agencies hand- cuff all suspects near the front tires of the backup vehicle, leaving the back of the primary vehicle as a “safe zone.” Other agencies take all suspects to the back of the backup vehicle to search and secure. ; LE1122.5. List the possible verbal commands to give to the driver Chapter 11 Traffic Stops / 449 Step 8: Secure the Suspects Detaining the Driver Once the driver is in the takedown area, the contact officer tells the driver to kneel, lie prone, or assume another position of disadvantage. Holster your firearm, approach the driver, and handcuff them. Conduct a cursory pat down and secure any weapons. Walk the handcuffed driver behind the cover of the backup vehicle. Thoroughly search the driver. Follow up with a conversation about any remaining passen- gers and weapons. Place the handcuffed driver into a patrol vehicle. Once you secure the driver in the vehicle, return to a position of cover with your fire- arm drawn. ; LE1122.6. Describe how to detain the driver appropriately Removing Passengers From the Suspect’s Vehicle Do not remove any passengers from the vehicle un- til you secure the driver in the patrol vehicle. How- ever, if the driver is uncooperative and refuses to exit their vehicle, remove the passengers from the vehicle. Only one suspect should be taken out of the vehicle at a time. Never take another suspect Figure 11-12: Handcuff and cursory search position out of the vehicle until the previous suspect is se- cured in the back of a patrol vehicle and all officers are in or returned to position. Follow the same procedures as used for the driver to individually remove, secure, and search each pas- senger. Instruct the last passenger exiting the vehicle to leave the door open, make sure all passengers are secured and, when possible, separate all suspects. The plus one rule assumes that if you find one of something there is another. When you believe that you have removed all passengers from the suspect’s vehicle, command any hidden passengers to make them- selves known. ; LE1122.7. Describe how to remove the passengers from the suspect’s vehicle Step 9: Clear and Search the Vehicle If there is no response to the command, more than one officer should cautiously approach the suspect’s vehicle with their weapons pointed at it. The officer with the best vantage point should give commands to any discovered passenger. Only one officer should issue commands to prevent confusion. If a discovered passenger refuses to come out, consider retreating back to the patrol vehicle. 450 / Florida Basic Recruit Training Program (LE): Volume 1 The officers who perform the systematic visual search of the vehicle will check the vehicle’s interior for hidden passengers. After the interior is clear, retrieve the keys or remote to open the trunk. Move cau- tiously to the trunk area when attempting to clear it. One officer unlocks the trunk while another officer holds it down to prevent it from suddenly open- ing. After the trunk is unlocked, officers should assume a safe position, pointing their firearms at the trunk and making sure they are not in a crossfire position. An officer should lift the trunk lid and clear it. The vehicle may be a crime scene. Follow your agency policies for searching the vehicle. ; LE1122.8. Describe how to search the suspect’s vehicle for hidden passengers Step 10: Conclude the Stop After the scene is secure and all is safe, the pri- mary officer notifies dispatch to discontinue emergency radio traffic. Follow proper arrest procedures if you are arresting the driver or any passengers. If the occupants of the vehicle are not the suspects, explain the reason for the stop (for example, their vehicle matched the description of a vehicle used in a robbery), and Figure 11-13: Thoroughly search and secure the suspect release them. Circumstances and your agency policies and procedures will dictate the disposition and documentation of the high-risk traffic stop, such as seizing, impounding, or releasing the vehicle. Document the incident, including: all information gathered from the time of roll call to locating the suspect confirmation of the warrant contact with and possible arrest of the suspect any seized evidence ; LE1122.9. Describe how to conclude a high-risk traffic stop Chapter 11 Traffic Stops / 451