Oviedo Police Department GO 5-1.0 Traffic Stops PDF

OVIEDO POLICE DEPARTMENT GENERAL ORDER SUBJECT: EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 5-1.0 REFERENCE: Traffic Stops AMENDS: None RESCINDS: None I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. PURPOSE POLICY PLANNING THE TRAFFIC STOP COMMUNICATIONS PROCEDURES...

OVIEDO POLICE DEPARTMENT GENERAL ORDER SUBJECT: EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 5-1.0 REFERENCE: Traffic Stops AMENDS: None RESCINDS: None I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. PURPOSE POLICY PLANNING THE TRAFFIC STOP COMMUNICATIONS PROCEDURES JUVENILE DRIVERS NON-FELONY TRAFFIC STOPS FELONY TRAFFIC STOPS (AUTOMOBILE) FELONY TRAFFIC STOPS (VANS) SPECIAL CONSIDERATIONS VEHICLE SEARCHES EVIDENCE OR CONTRABAND DISCARDED FROM VEHICLE TRAFFIC STOPS BY UNMARKED POLICE VEHICLES I. PURPOSE The purpose of this order is to provide guidelines for department members when conducting traffic stops. II. POLICY It is the policy of the Oviedo Police Department to conduct traffic stops in a safe manner for the benefit of both officers and citizens. Officers shall conduct themselves in a professional manner as dictated by the circumstances of the particular stop. It is the policy of the department to comply with all federal, state, and local laws when conducting traffic stops. Oviedo Police Department GO 5-1.0 Traffic Stops III. Page 2 of 13 PLANNING THE TRAFFIC STOP Officers should be thoroughly familiar with the area, and anticipate the most suitable location to stop the violator. Consideration should be given to: IV. A. Locations with ample space, maximum visibility distances for any approaching traffic, and the availability of areas where the violator may use side streets or other areas to pull out of the traffic pattern; and B. Traffic flow and inconvenience to any area business or residence(s). When possible, areas where children may be present such as daycares and schools should be avoided. COMMUNICATIONS PROCEDURES Officers shall advise SCSO Communications of all traffic stops prior to exiting their vehicle or approaching a vehicle while conducting stationary traffic control. This should be done in the prescribed manner: V. A. Officers are to state their radio identification number, clearly state that they are conducting a traffic stop, and allow the dispatcher time to record the information. B. Upon acknowledgment from the dispatcher, the officer should give the following information: 1. The vehicle tag number and state of issue; 2. The location of the stop; 3. The vehicle type and description; and 4. Number of occupants (if known). JUVENILE DRIVERS Officers stopping a vehicle for a traffic violation that is being driven by a juvenile shall notify the juvenile’s parent or legal guardian of the reason for the traffic stop and indicate whether or not a citation was issued for the violation. The officer shall advise SCSO Communications of how the parent or legal guardian was contacted, either by phone or mail. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops VI. Page 3 of 13 NON-FELONY TRAFFIC STOPS The following steps in stopping and approaching a traffic violator are intended to provide maximum safety for the officer, the violator, and other roadway users. Varying conditions regarding engineering of the particular roadway, the urgency to stop the violator, the existing volume of traffic, and environmental conditions may dictate adjusting or altering these procedures. A. A stop should be handled in a safe manner, and whenever possible should not impede the flow of traffic. The unit’s emergency lights and siren, when necessary, should be utilized to signal the violator to stop. B. When the vehicle does not stop in a safe location, the unit’s public address system or a loud and concise voice should be utilized to instruct the driver to move to a different location. C. The officer’s vehicle should be stopped approximately ten to fifteen feet behind the violator’s vehicle. D. The officer’s vehicle should be positioned in such a manner as to provide the best coverage/protection as the situation dictates. Vehicle positioning should afford the officer the maximum protection by placing the vehicle’s engine block between the officer and any potential line of fire from the suspect vehicle. Vehicle positioning should also afford the officer extra protection from passing vehicles while interviewing the driver of the stopped vehicle. E. When the stop is made in the evening or during inclement weather, the officer should utilize the patrol vehicle’s take-down lights and/or spotlight to illuminate the violator’s vehicle. F. Officers should approach every stopped vehicle in a cautious and prudent manner. G. Officers should slowly approach the violator’s vehicle, carefully observing the driver and any passengers at all times. H. Before passing the rear window of the violator’s vehicle, officers should observe the back-seat area for other passengers that may have been hidden from view. I. The officer should introduce themselves to the citizen, and state the reason for the traffic stop. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops J. VII. Page 4 of 13 Request the violator’s driver’s license, vehicle registration, and proof of insurance. 1. An officer should not place their hand inside a vehicle to accept the requested items. The violator should pass them outside the vehicle; This prevents the violator from grabbing the officer’s arm or rolling the window up. 2. An officer should not accept a wallet, purse, or other container. The driver should be asked to remove the items and hand them to the officer. FELONY TRAFFIC STOPS (AUTOMOBILE) High-risk/felony vehicle stops pose a great hazard and require application of all the knowledge that a member has gained through training and experience. During such stops, officers should employ caution and observe the following procedures in order to maintain control of the situation and to avoid subjecting themselves or others to unnecessary dangers. A. In stopping a vehicle occupied by known or suspected felons, officers should respond as if they are armed and dangerous. B. Officers should assume there are occupants in addition to the driver in suspect vehicles. C. Once it has been determined that a felony stop is necessary, the officer should: 1. Notify SCSO Communications that a felony stop is forthcoming and request an assist unit; 2. Provide SCSO Communications with as much information as possible before activating the emergency lights or siren and alerting the suspect; 3. Request radio traffic; and GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops 4. When possible, the officer should attempt to select a good location to make the stop, taking into consideration the: a. b. c. d. e. D. Page 5 of 13 Time of day; Presence of civilian bystanders; Amount of other vehicular traffic present; Available cover; and When possible, the officer should wait until there are sufficient assist units available prior to initiating a felony stop. Effecting the Stop: 1. Activate the vehicle’s emergency lights, and siren if necessary. 2. When the vehicle does not stop in a safe location, the public address system or a loud and concise voice may be utilized to instruct the driver to move to a different location. When utilizing the public address system, the officer is to speak slowly and clearly without shouting. 3. The officer should attempt to create as much illumination as possible for additional cover. Even though the stop may be made during the day in the absence of darkness or inclement weather, the take-down lights and the spotlight may still be utilized. 4. The assist officer should take-up a position behind the suspect vehicle in a fashion to provide for the best observation of the passenger side of the suspect vehicle. Care must be given to not create a cross-fire situation. 5. Officers should maintain visual contact with all occupants of the suspect vehicle. 6. The primary officer should open the driver’s side door of the patrol vehicle and position themselves in the door opening. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops 7. Only the primary officer should give commands. The primary officer should give precise, explicit directions: a. b. c. E. Page 6 of 13 Speak slowly and clearly. All commands should be short and to the point. All directions given to the suspect should be loud enough to be heard by all of the vehicle’s occupants; and All commands should be prefaced by identifying who the officer is talking to: (e.g. “You, driver”; “You, front seat passenger”, etc.) 8. Instruct all occupants: “You, in the car, place your hands behind your head and interlock your fingers.” Said commands should be punctuated with commands of: “Do it, now!” or similar language. Alternative commands may be used, such as ordering the occupant(s) to place their hands on the roof’s headliner or the windshield (for the driver/front seat occupants), or outside the vehicle’s windows. 9. If the driver’s window is closed, order the driver to open it. Instruct the driver to turn off the vehicle’s engine and drop the keys out the driver’s window. 10. Have the driver resume the original position with hands behind their head, and instruct all occupants to remain in that position until instructed to move. Should the assist officer not be present, this positioning should be maintained until an assist unit arrives on the scene and extraction of the suspect(s) from the vehicle begins. 11. Extraction of the vehicle’s occupants should not begin until the arrival of the assist unit. Removing the Suspect(s) from the Vehicle: 1. The primary officer may use the public address system or a loud and concise voice to instruct the driver to lower their left hand and open their vehicle door from the outside (“Driver, with your left hand, reach outside and open the door”, or similar language). 2. Once the door is open, instruct the driver to use their left foot to fully open the door (“Driver, use your left foot to push the door all the way open”, or similar language). 3. Using the public address system (when necessary) or a loud and concise voice, the officer should instruct the driver to exit the vehicle while keeping both hands behind their head. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops Page 7 of 13 4. Once the driver is out of the vehicle, tell the driver to slowly and fully extend their hands and arms up and slowly turn around in a circle. This will give the officer a chance to check for any visible weapons. 5. The assist officer should maintain visual observation over the entire vehicle, anticipating that there are additional occupants (when not already known). The primary officer should continue to give commands to the driver. 6. The driver may be instructed to: a. Face away from the officer; b. Walk backwards slowly until told to stop; c. Stop approximately three (3) feet in front of the patrol vehicle, take two to three steps to the left, and continue slowly walking backwards until even with the open patrol car door; and Note: The officer may have to alter this procedure in the event of unsafe traffic conditions. The suspect’s safety should be considered. d. Kneel on the ground and re-position his/her hands with the fingers interlocked behind their head. 7. The primary officer may then maintain a visual surveillance of the suspect vehicle. The primary officer will direct personnel to secure and search the driver. 8. The driver may then be placed in the rear compartment of the patrol vehicle. 9. One at a time, all of the remaining occupants should be removed in the same manner as the driver and secured. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops F. Page 8 of 13 Checking the Vehicle: 1. Officers should consider the situation to determine the most appropriate approach and tactic to be used in approaching the vehicle. 2. Utilizing the public address system or a loud and concise voice, the primary officer should attempt to induce any suspects who may be hidden inside the vehicle to reveal themselves. 3. If possible, staying below the level of the windows of the suspect vehicle, the assist officer may move up to the right, rear corner of the vehicle. 4. In a crouching position, the assist officer should place their free hand on the vehicle’s bumper, attempting to feel for any movement from inside the vehicle. The officer should also check the trunk or hatchback of the vehicle to ensure that it is secured. When the trunk/hatchback are found unsecured, the officers must clear the trunk/hatchback before moving to the passenger compartment. 5. When no movement is felt and the trunk or hatchback is secure, the assist officer may move up in the crouching position to the rear passenger door window (about one arm’s length from the vehicle). 6. With the assist officer’s weapon extended, the assist officer may rise up quickly, look into the area of the rear seat and drop back down out of sight. 7. When the area of the rear seat is clear, then the officer should move to the front passenger window and repeat the procedure for the front seat area. 8. When convinced that the vehicle’s interior is secure, attention must be turned back to the trunk of the vehicle: a. Officers should not assume a vehicle is secure until the trunk has been checked. b. The assist officer may retrieve the keys from where they were dropped by the driver. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops VIII. Page 9 of 13 c. In a crouching position, the assist officer may reach across the rear of the vehicle and insert the key into the lock. d. The assist officer should open the trunk, allowing the primary officer to see inside. FELONY TRAFFIC STOPS (VANS) A. Upon making the felony stop, the officer should command the driver to turn off the van’s headlights and to turn on the van’s interior lights. B. When making a felony van stop, the officer may utilize many of the same techniques used in standard felony stops. C. Whenever possible, an officer should wait until there are sufficient assist units available prior to making a felony van stop. D. With a felony van stop, the greater the distance between the patrol unit and the van, the easier it will be for an officer to observe the sides of the van. A recommended distance is approximately twenty (20) or twenty-five (25) feet. This allows the officer and the assist officer to see both sides of the van. E. Because the suspect(s) movements cannot be easily seen, the officer should command the occupants to roll their windows down and extend their hands outside of the vehicle. F. The primary officer may direct the extraction process, using the same procedures as directed for a felony automobile stop. G. Passenger Extraction: 1. The safest and simplest way to remove other occupants is to transfer command responsibility to the assist officer. The assist officer generally has a better view of any suspects on the passenger side. The primary officer should then assume the role of providing protective cover. 2. The assist officer should instruct the passenger to: a. Use their right hand to open the right-side van door with the exterior door handle; b. Prop the door open with their right foot and step out, raising their hands and arms fully over their head; GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops H. Page 10 of 13 c. Slowly turn in a circle, allowing the assist officer to check for visible weapons; d. Face away from the assist officer; e. Walk slowly backwards until told to stop; and f. Stop when even with the van’s rear doors. 3. If the passenger does not open the door, the assist officer should have the passenger reposition their hands behind their head by interlocking the fingers. 4. The passenger may then be instructed to take a step to the right and resume slowly walking backwards towards the assist officer. 5. When advantageous to do so, the assist officer should then have the suspect stop and kneel on the ground. 6. The assist officer should then secure their weapon, handcuff, search, and secure the suspect in the rear compartment of their patrol vehicle. Checking the Vehicle: 1. 2. Assuming the passenger was non-cooperative or unable to open the van’s rear door(s), the assist officer should then proceed to check the van by: a. Attempting to induce any additional suspect(s) out of the van by using the public address system or a loud and concise voice. This should be done several times to convince anyone hiding inside that their presence is known and that they should surrender. b. Getting no reaction, the assist officer must physically inspect the van. However, before making the approach, the officer should pay special attention to the particular make of the van’s rear and side doors and how they may operate. c. In a crouching position, the assist officer should move wide to the van’s right front bumper. Still in a crouching position, the assist officer should place a hand on the bumper, attempting to feel any vibrations generated by the movement of persons remaining in the van. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops IX. Page 11 of 13 3. Utilizing a flashlight, the assist officer should attempt to illuminate the van’s interior by shining the light through the side window while peering through the windshield. This method of approach should only be used when the van’s headlights have been turned off. 4. Once it is established that the van appears to be empty, maintaining a crouched position, the assist officer may move around from the front of the van and retrieve the keys from where they had been dropped by the driver. 5. The assist officer may move back down the right side of the van to the rear. 6. From the crouching position, the assist officer may reach across the back of the van, unlock the door, and pull it open. 7. The primary officer may then illuminate the van’s exterior taking into consideration the assist officer’s position by utilizing the patrol vehicle’s lighting systems. SPECIAL CONSIDERATIONS A. B. When a suspect is known to be hiding in the vehicle: 1. Assist officers should avoid confrontation and fall back to the original position of cover. 2. The public address system or a loud and concise voice should be utilized again to try to induce the suspect into surrendering. Should all attempts to get the suspect out of the van fail: 1. Both officers should remain behind protective cover with weapons, covering the vehicle; 2. The shift supervisor should be requested to respond; and 3. The shift supervisor at his/her discretion may request the response of SRT while the units at the scene maintain the perimeter. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops X. XI. Page 12 of 13 VEHICLE SEARCHES A. Vehicle searches may be conducted as allowed by current statutory and case law guidelines. B. Officers conducting the traffic stop should be mindful to utilize specialized department members as circumstances warrant, such as the K-9 team to search/clear a vehicle. C. In the event a vehicle search is conducted where an arrest is not made, the officer is to complete a CJIS Report titled “Information – Vehicle Search” detailing the search. EVIDENCE OR CONTRABAND DISCARDED FROM VEHICLE In the event that the driver or occupants of a vehicle discard evidence, contraband, or other items prior to a stop (e.g. weapons, narcotics, currency, etc.): A. B. XII. The primary and assisting patrol units should try to identify a landmark or approximate location of where the item(s) was thrown out. 1. The primary or assist unit should notify any additional assist unit(s) so that an attempt to retrieve the item(s) may be made. 2. The primary and assist units should maintain contact and complete the felony stop on the suspect vehicle, even if this entails having to look for the discarded items at a later time. Any found item should be treated as potential evidence. TRAFFIC STOPS BY UNMARKED POLICE VEHICLES A. Unmarked Vehicles Equipped with Blue and Red Lights and Siren: Unmarked vehicles equipped and operating with blue and red lights and/or siren, shall for the purpose of this order, be considered authorized emergency vehicles. Officers in a police uniform operating unmarked vehicles may, when necessary, make routine traffic stops. Plainclothes officers should request a marked patrol unit to respond as backup. Plainclothes officers should immediately display their police badge and/or identification to the driver. The officer should make every effort to hold it in plain view. An officer shall never give the person the opportunity to misunderstand the officer’s identity or intentions. GO 5-1.0 Traffic Stops Oviedo Police Department GO 5-1.0 Traffic Stops Page 13 of 13 Note: CRT officers should not conduct traffic stops while operating in an undercover capacity. If exigent circumstances exist and a traffic stop is conducted, a marked patrol unit should be requested to respond immediately. B. Unmarked Vehicle NOT Equipped with Blue and Red Lights and Siren: Officers shall not conduct traffic stops in unmarked vehicles not equipped with blue and red lights and/or siren due to the difficulty inherent in such stops. Thus, unless a driver or vehicle occupant is a known or suspected felon, or he/she clearly represents a danger to life and property unless immediately apprehended, every effort shall be made to employ marked patrol vehicles or other authorized emergency vehicles to make the apprehension. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 04-01-2021 __________________ DATE GO 5-1.0 Traffic Stops