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HomeMy WebLinkAbout03-04-2003 ICPD Reports/Memos Distributed by Capt Johnson - ICPD MOTOR VEHICLE STOPS SECTION 27 MOTOR VEHICLE STOPS Model Policy Effective Date Number October 31, 1991 Subject Motor Vehitle Stol~ l~{erence Special Instructions Distribution Reevaluation Date I No. Pages lqovemb~r 1, 1992 2 I. PURPOSE a. On multilane roads, the officer may facilitate It is the purpose of this policy to establish guidelines movement to the right shoulder by gradually for stopping and approaching motorists in a manner changing lanes behind the violator until the that promotes the safety of the officer and the motorist, right side of the roadway is reached. b. Should the violator stop abruptly in the II. POLICY wrong lane or location, the officer should instruct him to move by using the appro- Although stopping motorists on the highway for traffic prlate hand signals or by activating the violations or other purposes is often considered a vehicle's public address system. routine function of patrol officers, it is one that has 5. Once properly stopped, the officer should been demonstrated to be potentially dangerous for both position the police vehicle about one-half to one officers and motorists even during apparently "routine" car length behind the violator's vehicle and at situations. Therefore, it is the policy of this department a slight angle, with the front approximately 2 that motor vehicle stops shall be performed profession- feet to the traffic side of the violator's vehicle. ally and courteously, and with a view towards educating a. At night, the spotlight should not be used the public about proper driving procedures while to direct the violator but may be used to consistently recognizing and taking the necessary steps illuminate the vehicle's interior once to minimize the dangers involved in this activity for stopped. The patrol vehicle should use its the officer, the motorist and other osers of the highway, low beams if high beams would blind oncoming motorists. III. PROCEDURES 6. When exiting the patrol vehicle, the officer should be particularly alert to suspicious A. Stopping and Approaching Traffic Violators movements or actions of the vehicle operator The following procedures are to be followed or passengers. whenever possible. It is recognized that varying 7. Approaching from the driver's side, the officer conditions such as roadway construction, volume should be observant of the passenger compart- of traffic, and the urgency of making vehicle stops ment and stop at a point to the rear of the trailing may require officers to adjust these procedures to edge of the left front door in order to commu- particular conditions, nicate with the driver. 1. Officers shall perform vehicle stops only when a. Where circumstances dictate, particularly they have articulable reason to do so. where traffic is close enough to create a 2. Once an initial decision has been made to stop potential problem, the officer may choose to a motorist, the officer shall select an area that approach the violator's vehicle from the provides reasonable safety, avoiding curves, right-hand side and stop at the trailing edge hills, heavily trafficked and poorly lit areas and of the right front door. roads without shoulders. Whenever possible, the b. When the violator's vehicle has occupants officer shall also avoid the use of private drives, in the rear seat, the officer should approach business locations and areas where a large to a point near the leading edge of the left volume of spectators are likely to gather, front door, being particularly observant of 3. When a location has been selected for the stop, occupant movements and choosing a path the officer shall notify the communications that will not allow the occupants to thrust the door open against the officer. center of its nature--providing unit location, a c. In two-officer police vehicles, the passenger description of the vehicle, vehicle tag number officer shall be responsible for radio corn- and the number of occupants. At the officer's munications, note taking and relaying discretion or dispatcher's request, additional messages to the communications center. He information may be exchanged, will also act as an observer and cover for 4. At the desired location, the officer should signal his fellow officer. the operator to stop at the far right side of the 8. Nonuniformed officers operating unmarked roadway or at the safest shoulder by activating patrol vehicles with concealed emergency lights the overhead emergency lights and siren as and siren shall not normally make vehicle stops necessary, for traffic violations. In situations where failure to act would create unreasonable risks of injury, 2. An officer should not individually initiate high- death or significant property damage, such risk vehicle stops unless back-up units will not personnel shall contact the communications be available in an appropriate amount of time center to request a marked patrol unit to make or the urgency of the situation demands the stop and may, depending upon the urgency immediate action. of the situation, activate emergency lights and 3. After selecting an appropriate location and with siren to make a traffic stop. adequate support units in position, the officer 9. Nonuniformed officers operating vehicles not should signal the suspect to stop. equipped with emergency lights or siren shall 4. Officers should position their vehicles approx- not make motor vehicle stops unless there is imately 30 feet behind the suspect vehicle, in imminent danger of loss of life should they fail positions that will maximize opportunities for to act. In other less urgent cases that demand cover and in a manner that will illuminate the attention, officers shall contact the communi- interior of the vehicle to the occupants' cations center, request that a marked patrol disadvantage. vehicle perform the stop, and assist in directing 5. The officer initiating the stop, or the officer with the marked unit to the subject vehicle's location, the best observation point, should issue verbal B. Issuing Citations commands to vehicle occupants through the 1. When issuing citations, conducting roadside vehicle's public address system, if available. sobriety tests or conversing with the violator, Only one officer shall issue commands. the officer and other parties shall be positioned 6. Once the suspect vehicle has stopped, officers to the side of the road, clear of the motor vehicles, should exit their vehicles quickly and assume At no time shall the officer or others stand in positions of cover. front of, between or behind the stopped vehicles. 7. The officer in charge shall first identify himself 2. During the stop, the violator should remain in and then notify the occupants that they are his motor vehicle while the officer writes the considered to be armed and dangerous, that all citation or conducts other business. Violators occupants of the vehicle are under arrest and should not be permitted to sit in patrol vehicles that all instructions are to be followed without while citations are being prepared or other police hesitation or suspicious movements. business is being conducted. 8. The operator of the suspect vehicle should be 3. When preparing citations, the officer should ordered in separate commands to do the position paperwork and related materials in a following: lower his window, remove the ignition keys with his left hand, drop them on manner that allows him to maintain vantage theground, open the door fi.om the outside, step over actions of the violator and other occupants, out of the vehicle, turn completely around, face C. Stopping an Approaching Motorist away fi.om the officers, walk backward until In cases where a motorist must be stopped fi.om commanded to stop and lie face down on the oncoming traffic, the following actions may be taken: ground with hands stretched far to the sides. 1. Drive the police vehicle to the extreme right Subsequent occupants should be similarly portion of the roadway and, as the violator commanded until all are in position to be approaches, signal him to stop by using hand handcuffed and searched. signals and emergency lights. 9. With appropriate cover, officers should then 2. Because of the potential hazard involved, an approach the suspect vehicle to inspect the officer shall not leave his vehicle when attempt- passenger compartment and trunk. lng to stop oncoming motorists. F. Stopping Oversize and Overweight Vehicles 3. If the subject motorist complies with the In the event an officer needs to stop commercial instructions, the police vehicle may then be and similar oversize or overweight vehicles, the turned around and appropriately positioned to following procedures should be followed: the rear of the violator's vehicle. 1. Select a location for the stop that provides 4. Should the motorist fail to comply with the enough room for the vehicle and sufficient officer's instructions, the officer should turn the stability to support the vehicle's weight, and vehicle around and pursue, stop and approach allow the operator sufficient time and distance the violator in the prescribed manner, to make the stop. D. Stopping a Following Violator 2. Approach the cab fi.om the rear, using the When stopping a motorist to the rear of the police driver's outside mirror to observe the driver and vehicle, the following procedures may be followed: activity in the cab. 1. The officer should drive to the right shoulder 3. Never climb onto the vehicl~ ~ make contact of the road and, as the violator approaches, signal with the operator. Maintain 'a :positio:3 fo the him to stop. rear of the driver's door and aEk him tv exit 2. The officer should not exit his vehicle in order the vehicle, if and when necessary. to signal the subject motorist. 3. Should the motorist fail to comply, the officer should return to the roadway and stop and This project was supported by Grant b10.87-SNd~-K077 approach him in the prescribed manner, awarded by the Bureau of Justice Assistance, Office of E. Making High-Risk Vehicle Stops Justice Programs, U.S. Departmet~t- -of 'Justt~.~. The The following procedures may be employed when an officer initiating a vehicle stop has reason to Assistant Attorney General Office of~ustice Programs, coordinates the activities of the following program)offices believe that the occupants may be armed and and bureaus:theBureauofJusticeAssistance, theBureau dangerous: of Justice Statistics, National Institute of Justice, Office 1. When planning to stop the suspect vehicle, the of Juvenile and Delinquency Prevention, and the Office officer shall notify the communications center; of Victims of Crime. Points of view or opinions in this describe the nature or reason for the stop; document are those of the author and do not represent provide information on the vehicle, tag number the official position or policies of the United States and number of occupants; and request appro- Department of Justice. priate assistance to make the stop. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies, and the impact of varied agency resource capabilities among other factors. IACP National Law Enforcement Policy Center Motor Vehicle Stops Concepts and Issues Paper April 1992 I. INTRODUCTION Even otherwise law-abiding citizens can become assaultive during vehicle stops because of fear, A. Purpose of the Document frustration or anxiety caused or precipitated by the This paper is designed to accompany the Model Policy police encounter. In particular, intoxicated persons or on Motor Vehicle Stops established by the IACP those under the influence of illegal drugs often lack the National Law Enforcement Policy Center. This paper judgment and restraint necessary to control themselves, provides essential background material and supporting particularly when they realize that they will be or are documentation to provide greater understanding of the being taken into custody. developmentalphilosophy and implementation require- The physical conduct of a vehicle stop can also be ments for the model policy. This material will be of value hazardous to officers and other users of the roadway to law enforcement executives in their efforts to tailor when it involves the use of inadequate areas to stop, the model to the requirements and circumstances of poor lighting, high traffic speeds, improper vehicle their community and their law enforcement agency, placement or a variety of other factors. Therefore, it is B. Background essential that all traffic stops be given the same attention Motor vehicle stops are one of the most frequently and degree of caution and that established procedures performed activities for many law enforcement officers, for these responsibilities be adhered to closely. As such, there is a tendency among some officers to This paper discusses vehicle stops from two distinct regard these encounters as routine and in some cases levels--routine vehicle stops and high-risk vehicle stops. to approach them without sufficient caution or regard However, it should be made clear that these two for the inherent dangers. FBI statistics indicate that classifications are used primarily for purposes of vehicle stops, on a national basis over a 10-year period, organizing the discussion. Unless an officer has account for about 11 percent of all officers feloniously informationthatallowshimtoclearlydesignateavehicle killed or assaulted in the line of duty. stop as high risk--such as information that the driver Unlike many other police-citizen encounters, motor is a wanted fugitive or is driving a stolen automobile-- vehicle stops involve a variety of potential dangers. In the stop should generally be regarded as "unknown" a majority of such cases these stops involve police in terms of danger. The majority of all traffic citation contact with individuals whose identities, background, stops fall within this unknown classification in which mental state and motivations are unknown. A police the officer has little or no information about the driver's officer is therefore at a distinct initial disadvantage background, present mental state, propensity toward without information concerning potential danger, violence or other important matters. Only during the In addition, many motorists, and particularly those subsequent police-citizen encounter will information involved in or concealing criminal activities, carry normally be gathered to allow an officer to formulate firearms and other weapons in their vehicles or on their an opinion concerning the risks involved. During these person. Recognizing that most vehicle stops involve encounters, officers should be highly observant of the some checks of personal identification and vehicle violatorandhissurroundingsandbepreparedtoquickly registration, many suspects are willing to resort to change their assessment of the situation based upon violence rather than risk being identified and arrested, information gathered. An officer who is quick to The increased use of motor vehicles for the transpor- formulate an opinion concerning the risk of a vehicle ration and selling of illegal drugs also adds to the stop, and who is relatively inflexible in modifying that possibility that an unsuspecting officer may happen viewpoint throughout the encounter based on incoming upon a dangerous confrontation even when initiating information, is unnecessarily placing himself in harm's what appears to be a simple traffic stop. way. A publication of the IACP National Law Enforcement Policy Center 515 North Washington Street, Alexandria, Virginia 22314-2357 This document is the result of work performed by the IACP National Law Enforcement Policy Center. '[he views and opinions expressed in this document are sanctioned by the center's Advisory Board and do not necessarily represent the official position or policies of the International Association of Chiefs of Police. II. PROCEDURES As an alternative to personal involvement where action must be taken, the officer should request that A. Authority to Stop Motorists a marked patrol unit make the stop while the officer Making a vehicle stop requires some planning by a assists in directing the unit to the violator's location. law enforcement officer. First, officers must be sure that they have sufficient grounds to make a stop. In B. Stopping and Approaching Traffic Violators CommonwealthofPennsylvaniav. Edwards the U.S. Supreme The conditions under which motorists may be Court found that "An individual has a reasonable stopped vary considerably depending upon road and expectation of privacy in an automobile and when a weather conditions, time of day, volume of traffic and vehicle is stopped, a seizure within the meaning of the the urgency involved in making the stop, among other Fourth Amendment has occurred."~ factors. Therefore, standard procedures may sometimes Quoting the court's 1979 Prouse decision the justices need to be adjusted by officers in order to accommodate ruled that these various circumstances. Once the decision to make a vehicle stop has been [E]xcept in those situations in which there is at least made, the officer should select a location that will allow articulable and reasonable suspicion that a motorist is him to effectively and safely deal with the motorist. For unlicensed or that an automobile is not registered, or that example, lighting conditions are a significant factor either the vehicle or an occupant is otherwise subject to during nighttime stops and it is normally prudent to seizure for violation of law, stopping an automobile and use street lighting where available. At the same time, detaining the driver in order to check his driver's license officers should not position their vehicles so that their and the registration of the automobile are unreasonable headlights will blind oncoming motorists or allow under the Fourth Amendment.2 stopped vehicles to do the same. The stop should not The critical question under the Fourth Amendment be made so that it unnecessarily interferes with normal is whether the seizure was "reasonable." Generally, to traffic flow, even though some slow down of traffic can meet this test, the officer must be able to demonstrate generally be expected as a result of the actions of curious that a traffic violation or a criminal act has been motorists. Normally, vehicle stops should be made on committed in order to stop a vehicle. Discretionary stops the right shoulder of the highway or in the breakdown have been considered violations of the Fourth Amend- lane of thoroughfares if such lanes are available. ment because of their arbitrary, intrusive and discrim- However, on multilane highways divided with inatory nature, permanent barriers it may be advisable to conduct the In addition to the legal requirements on conducting stop in the left-hand breakdown lane, if available, rather vehicle stops, officers should not initiate traffic stops than attempt to cross several lanes of traffic. In either if they are improperly attired or equipped. Specifically, case, on freeways and other high-speed roadways it is officers who are not in uniform and who are operating critical that the vehicles of both the violator and the unmarked patrol vehicles with concealed emergency officer are well off the traffic lanes. Whenever possible, lights and siren should not normally initiate vehicle officers should avoid the use of businesses or private stops for traffic violations. For example, plainclothes drives for conducting vehicle stops unless there are no officers working investigative assignments should other reasonable options and they should never conduct contact communications to request that a patrol officer traffic stops on roads without shoulders, on sharp curves make the stop rather than initiate action on their own. or where the flow of traffic or configuration of the Only in situations where failure to act would create an roadway would create a potential hazard for the officer, unnecessary risk of injury, death or serious property the violator or others. damage should these officers intervene. At the desired location, the officer should signal the Where officers are in plainclothes and operating violator to stop his vehicle by activating emergency vehicles without emergency lights or siren, attempts lights and, if necessary, using hand signals, the vehicle's to stop a motor vehicle should be made only in the horn or siren. Some discretion should be used in most serious and urgent of situations. When not in activating the siren to make routine traffic stops as it uniform and/or not operating an emergency vehicle, an can startle some motorists and, in some cases, cause officer cannot easily or readily make his identity known, panic reactions such as making dangerous lane changes Under these circumstances, violators, bystanders or or even stopping in the middle of the roadway. In most even other law enforcement personnelmay take actions cases, following the violator whi~e activating the that may not be in the officer's or others' best interest, vehicle's emergency lights will be ~tifficient to gain the For example, violators may easily and naturally mistake violator's attention and guide him to the desired the officer for a pursuing civilian with suspicious stopping area. , ! intentions and be evasive or take aggressive actions The violator should be directed to stop ~S~far to the against the officer. Therefore, off-duty officers or others right of the roadway as possible under the c~rcumstan- who are operating out of uniform and in unmarked ces. At night, if the situation dictates, instruction~:to vehicles without emergency lights or siren should only the driver may best be given through t,h,e pafr~ol vehicle's attempt to make vehicle stops when they reasonably public address system. On inter~tate bill, ways and believe that failure to do so would result in imminent other thoroughfares where the sp~d of hefi~y vehicles loss of life. But whatever the circumstance, the initial and other traffic creates particularly d~fficulI cond~hons, burden of justification will generally fall on the officer it may be preferable to move the vehicles to a location to demonstrate the prudence of his decision to take off the roadway before conducting the business traffic enforcement actions when so attired and associated with the stop. Directing a violator to exit equipped, an off ramp from a freeway or expressway by using 2 the patrol vehicle's public address system is another difficulty in dealing with flashing lights and are often alternative to the use of other more dangerous stopping involved in nighttime accidents at such stops. alternatives. In addition to officer safety, an approach from the While stopping the violator or immediately after the passenger's side provides the officer with the element stop has taken place, the officer must notify commun- of surprise, as most motorists are not accustomed to ications that a traffic stop is being made and provide this practice. An officer also has far greater visibility a complete description of the vehicle, its license tag when approaching from the passenger side and, number and the number and general description of its consequently, far more warning and time to respond occupants. Because many agencies are able to provide to the threat of a firearm. For example, upon reaching officers with status information on vehicles very quickly, the right rear door of the suspect vehicle, an officer has it is generally advisable for the officer to remain in his a far better view of the front seat of the vehicle and vehicle until this information becomes available. This the position of the occupants' arms. He also has cover procedure is particularly recommended when officers readily available by simply falling to the ground where are operating at night, are assigned to one-man vehicles, he can move anywhere around the vehicle. If the driver patrolling in rural or remote areas, or where they have wishes to attack the officer with a weapon when the any suspicions that the vehicle may be stolen or its officer is in this position, he is forced to turn his head occupants wanted or otherwise dangerous, and shoulders and then swing his arm over the rear Once the stop is made, the officer should position of the seat to do so. This movement is far more difficult the patrol vehicle about 30 to 40 feet behind the violator's for the would-be attacker than one in which he need vehicle and at a slight angle with the front about 2 feet only turn and point his weapon out the left side of to the traffic side of the violator's vehicle. This position the vehicle, should the officer be approaching from the provides some protection to the officer and violator from passenger side. Case studies also demonstrate that traffic approaching from the rear. It also provides the attackers are far less accurate in hitting targets from officer with the front portion of the patrol vehicle that this position, generally "pulling" the shot high and to could be used for cover during an attack, the left or hitting the door post. In two-man patrol units, the driver should be When approaching on the drive~'~ side, an officer has responsible for initiating contact with the violator while little if any warning and essentially no cover once he the second officer provides contact with communica- moves alongside of the vehicle In'~is Position, the tions and provides backup for his partner. Upon exiting driver need only raise a handgun and rest it on~ ~he the patrol vehicle, the backup officer should assume door panel to provide a clear shot of the '~o~ficer wlth a position at the right rear door of the violator's vehicle essentially no fear of retaliation. Many cas~'-studiesl of that provides good visibility of the operator and any officers killed during vehicle stops demonstrate t~he , potential danger of a driver's s~de approach wh'en occupants. The approach pattern and position of the unknowingly dealing with an ar~n~_c~ and ;~angerous officer initiating the contact will vary somewhat offender. depending upon the nature and circumstances of the If several persons occupy a stopped veh~e and the vehicle stop. officer has some indication of potential risk, he may The model policy advocates approaching the violator choose to direct the driver to exit the vehicle and join from the driver's side. However, this approach is him on the curbside of the patrol unit. predicated on the assumption that there is minimal When using either the driver's side or passenger's perceived risk in conducting the stop. For example, most side approach to the subject vehicle, officers should keep officers can be reasonably assured that a vehicle stop their strong hand free of objects so that their sidearm for a minor traffic violation conducted during daylight is readily available. It is also good to routinely check hours and involving a mother with small children is the vehicle's trunk lid to ensure that it is locked, thus one involving very low risk. Experienced officers can eliminating any threat from a suspect hiding within. normally point to innumerable examples of similar types Particular care must be taken when approaching panel of stops where the risk is negligible. Under these trucks and vans, vehicles with heavily tinted windows circumstances, an approach on the driver's side of the and any other vehicle that in any way prohibits an officer vehicle is reasonable. However, when conducting from clear view of its interior. In the case of panel trucks vehicle stops that are less predictable or where the and vans, approaching officers should keep the violator circumstances are less than desirable--that is, when in sight by using the vehicle's rear view mirror and operating in one-man patrols, in rural areas, during be aware of any movement of the rear or side doors. nighttime hours or when more than one individual is In this or in any other instance during a vehicle stop, in the vehicle, for example--it is recommended that the officers should remember that they can and should officer approachthesubjectvehiclefromthepassenger's exercise their legal authority to order any or all side. individuals out of a vehicle if they feel their safety is A passenger side approach is recommended for officer threatened. Additionally, officers should never hesitate safety and survival. From the safety perspective, dealing to wait for backup assistance when confronting even with the violator on the passenger's side takes the officer a routine traffic stop that appears suspicious or away from the traffic lanes of the roadway. More officers unnecessarily hazardous. In the case of panel trucks, are injured during traffic stops by approaching motorists an officer may decide to use a more cautious approach than by attacks from suspects within vehicles. Nighttime by requesting the driver to exit the vehicle. Using the is particularly risky for officers, as many motorists are patrol unit's public address system or by voice command confused by the lights of the patrol vehicle. Drunk he may also instruct the driver to open the rear and drivers, who are more prevalent at night, have particular side doors of the van to ensure that there are no other persons inside. In the case of motor vehicles with heavily officers should never position themselves in front of, tinted windows, an officer may also request the driver behind or in between stopped motor vehicles. to exit the vehicle and to roll down one or more of The model policy also takes the position that violators the windows to provide a clear view of the interior, should not be permitted to sit in patrol vehicles while At night the effect of tinted windows can be largely a citation is being written or other business is being negated by requesting the driver to turn on the vehicle's transacted. From this position, the violator is able to interiordomelightandbyturningoffthepatrolvehicle's overhear radio transmissions that could compromise headlights, officer security and safety. Within the patrol vehicle the When viewing the interior of the violator's vehicle, violator is also within reach of other weapons such as officers should never position their face or body within a shotgun, nightstick, mace or the officer's own sidearm, reach of the violator or a passenger. Agencies that use for example. In some instances, most offen involving citation clipboards should consider using those designed inclement weather, some agencies permit civilians to to provide some ballistic resistance. These may be used be seated in police vehicles while information is as a form of portable cover by holding them between collected, citationsissued or other business is transacted. the officer and the violator while interacting face-to- While this situation is unquestionably more convenient face during a vehicle stop. for officers and citizens alike under certain circum- stances, case studies have demonstrated that allowing C. Issuing Citations an essentially unknown person in one's patrol vehicle Unless the officer orders the violator out of his vehicle without even a pat-down search is a dangerous practice. for the purpose of conducting a sobriety check, to frisk Although it is self-evident that an officer should the vehicle for weapons or for any other reason, the always keep the violator clearly visible during the violator should normally remain in his vehicle, vehicle stop, should never turn his back on the violator Considering that the most dangerous point during a or allow himself to be distracted, many tragedies have vehicle stop is during the approach and initial contact, occurred because of failure to observe these simple and officers should ensure that they maintain the same basic rules. For example, some officers become so degree of caution whenever contact is broken with the preoccupied with the completion of necessary paper- violator and a subsequent approach and recontact is work that they lose visual and mental contact with the necessary. This is often the case when an officer returns violator. To help avoid this, an officer should position to his vehicle to write a citation and then returns to paperwork in a manner that also allows him to maintain the suspect vehicle with the citation. This and any visual contact with the violator, such as by placing the subsequent approach should be viewed with the same citation book, registration and related documents on the caution as the first approach to the vehicle, steering wheel where they will be about eye level with In some instances, a stopped traffic violator will exit the violator's vehicle. A preferable alternative in many his vehicle in an apparently innocent attempt to speak cases is for the officer to position himself in the right with the officer. This poses a safety hazard to the front seat of the patrol vehicle. This position can be individual who may be exposed to traffic in the travel confusing to a would-be attacker, as it forces him to lane. It can also create a hazard to the officer through confront the officer in a cross-over pattern whether he open contact with an unknown individual. Where more exits his vehicle to make the attack or fires a weapon than one individual emerges from the subject vehicle, directly from his vehicle. It also provides the officer with officers must exercise particular caution to ensure that ready access to open ground and cgyer from his vehicle the situation does not escalate or get out of control, without potential direct exposure to!traffic and without An officer must maintain a comfortable zone of safety being encumbered in any way dur/~ the exit by t~he from the individual who approaches in this manner, steering wheel. : - , and be particularly alert to hands that are not visible and any furtive movements of the individual. In these D. Stopping an Approaching or FOllOwing ~hicle situations, it is normally best to ask the individual to In a variety of situations, officers will be required stop and return to his vehicle. If he fails to do so, the stop motorists who are approaching them in the oh- officer should make a tactical withdrawal and/or secure coming travel lane. ~, · , c, the most appropriate police weapon in anticipation of To make this type of vehicle stop ~.~ely and b~fectively, a possible attack. In these situations, the recommended the officer should move his vehicl~ as far ~t~ possible 30 to 40 foot distance between the patrol vehicle and to the right side of the highway and signal the suspect vehicle is vitally important, as it gives the officer approaching motorist to stop by using hand signals and some essential room in which to maneuver and emergency lights. This approach is best used on two- additional time in which to assess the situation and take lane roads with shoulders that allow the officer to pull appropriate tactical actions. The officer who has off the travel lane. It is also a preferred maneuver when positioned his vehicle only a car length away from the the travel lane behind the officer is clear of traffic or violator has little or no time to respond to an aggressive where traffic is very light. Under these conditions, individual who approaches in this manner, officers reduce the risk of confusing motorists behind An officer must also consider whether the violator them and creating other traffic hazards. who approaches him in this manner is attempting to Only under unusual circumstances should an officer draw him away from his vehicle for fear that it may attempt to stop an oncoming motorist by leaving his reveal incriminating evidence of some type. vehicle to direct the individual to stop. This is standard For safety reasons, if business must be transacted practice at sobriety checkpoints and similar traffic outside the vehicle, it should be conducted to the side checks where warning devices and similar precautions of the road clear of the motor vehicles. Violators and are employed to reduce traffic danger. However, without these precautionary measures it is a potentially procedures to properly accommodate any added degree dangerous practice that should not normally be used. of risk. Whatever the reaction of the violator--whether he It is not possible or reasonable to attempt to define stops as directed, does not see the officer or ignores all the conditions under which high-risk vehicle stop 'his signals--the officer will be required to turn his procedures should be employed. It should be sufficient vehicle around into the opposite lane of travel in order to state that an officer may take any and all reasonable to approach the violator in the manner previously steps necessary to protect himself and others when he described. In many instances this is the preferred means has reason to believe, in the context of felony or any of stopping the motorist rather than making any attempt other vehicle stops, that his or another person's life or to gain his attention fi.om the opposite lane. safety is in danger. It should be remembered, for The procedures for stopping a motorist following a example, that motor vehicle passengers who are known police vehicle are somewhat easier than stopping a or believed to be dangerous may be treated the same violator driving on the opposite side of the roadway, as the driver to include requiring that they exit the In this situation, the simplest maneuver is to pull the vehicle and submit to a pat-down search. In accordance patrol vehicle over to the shoulder of the roadway and, with this directive, it is essential that officers be as the motorist approaches, signal him to pull his vehicle adequately trained to recognize suspicious circumstan- over. If the motorist fails to comply, the officer may ces during their encounters with motorists. then activate emergency lights, return to the highway To illustrate, an officer's suspicions may be prompted and approach the violator in the prescribed manner, by the appearance or the behavior of the vehicle or driver; an altered or obscure license plate, indicating E. Making High-Risk Vehicle Stops a possible attempt to conceal the vehicle's identity and Making a high-risk vehicle stop requires planning and ownership; and/or an extremely dirty tag on a clean cautious action by the arresting law enforcement officer, automobile, or the reverse of this, indicating that the The stopping maneuver and removal of suspects is a tags may have been recently transferred fi.om one dangerous undertaking, but one in which inherent risks vehicle to another. None of these factors alone provides can be minimized by the systematic use of officer reasonable grounds for initiating a vehicle stop or survival skills and established tactical procedures, concluding that a crime has been committed. However, Officers should never minimize the risks involved in a when the behavior and appearance of the vehicle high-risk stop: the threat posed by imminent arrest can operator and/or occupants is incorporated with other cause an individual to react in unpredictable and often factors and grounds exist to make a stop, the totality reckless ways. Individuals who face criminal charges of the circumstances may lead a trained officer to and serious punishment will be emotionally charged reasonably conclude that a greater degree of caution and may be prepared to take what is perceived by others should be taken. This knowledge is essential for an officer to be impossible risks to effect an escape or overcome to properly identify the degree of risk involved and, an officer, in the event of post-incident review proceedings, to High-risk vehicle stops may be defined as "any vehicle justify the actions that were taken by the officers. stop in which the officer knows or reasonably believes As with other vehicle stops, the first step in planning that the operator or other passengers in the vehicle are a high-risk vehicle stop is to contact communications armed and dangerous." Although officers must have and provide information concerning the reason for the reasonable suspicion to stop the vehicle, the basis for stop; the vehicle license number; a description of the the stop need not involve suspicion that a felony has vehicle, including the make, model, color and any other been committed in order to employ high-risk vehicle unusual identifying characteristics; number and stop procedures, description of the occupants; direction and speed of The term "felony stop," which has been used travel; and the amount of assistance required. traditionally in these contexts, paints a common scenario Normally, a lone officer should not initiate a high- in which officers are confi'onting individuals who are risk vehicle stop, particularly when more than one attempting to escape the scene of a major crime or a suspect is within the vehicle. However, in circumstances situation in which the suspects or their vehicle match where failure to act in a timely manner would allow the description of wanted persons or stolen property, a dangerous offender to escape and create an unaccep- respectively. However, high-risk vehicle stop proce- table risk to the community, action by the officer would dures may be and sometimes should be employed under be warranted and necessary. A lone officerl may also other circumstances. For example, a so-called "routine" need to act quickly in order to a~id or minimize the vehicle stop involving traffic violations may quickly potential danger to himself or others-.Additionally, in develop into a high-risk vehicle stop when more facts most rural environments, backup officers can be faf fr~m are established by the officer, the scene of the stop and unavailable tto pro~ii:le As noted in the background section of this document, assistance in a reasonable amount of tittle. As an to be fully prepared for any contingency, officers should alternative to conducting a vehicle stop alone, an offic~er develop a mindset that regards all but the obvious high- may choose to follow the suspect vehicle while relaying risk stops as unknown in terms of danger. Only then the course of travel and other infotmf-a~ion to.:~ommun- will officers be able to keep an open mind toward the ications in order to coordinate a sto~; individuals involved and maintain an adequate degree 1. Site Selection. It is important io select'~a~ appro- of mental preparation for any contingency. In this priate site for conducting a high-risk vehicle stop. Safety manner, the officer will be in a position to critically issues relating to protection fi.om the flow of traffic also evaluate any new information about the violator or the come into play, particularly when recognizing that some circumstances of the stop and quickly alter his space will be required to safely remove suspects from the vehicle and to conduct the search and arrest. In until adequate backup is on the scene to assist in the addition, one must be aware of the risks associated with extraction of the suspects. conducting high-risk stops where sympathizers or even The secondary unit should drive to a position to the the overly curious may make the stop particularly rear of and parallel to the primary unit. If the primary dangerous. For example, in some high-crime inner city unit is angled, the secondary unit should also be angled areas it may be inadvisable to conduct high-risk stops so that the driver's door when opened is at the left near common gathering places such as parks and rearfenderoftheprimaryunit. This position will provide playgrounds during warm weather, near nightclubs or the secondary unit officer with excellent cover when other drinking establishments, fast-food eateries or other exiting his vehicle and the ability to move safely between locations where pedestrian traffic could intervene or the primary and secondary units using the vehicles as interfere. In particular, should deadly force become cover. At this point, the headlights of the primary and necessary, errant rounds could prove fatal to innocent secondary units will provide nighttime illumination to bystanders. Whenever possible, officers should also the left and right sides of the suspect vehicle while attempt to make high-risk stops where cover is not spotlights can be used from both vehicles to further readily available to assist the suspect in launching an illuminate the suspect vehicle's interior. attack or attempting an escape. The third police unit should be driven to a position 2. Vehicle Positioning. Positioning of vehicles is a behind and parallel to the secondary unit or on an angle critical issue in conducting high-risk stops and should with the secondary unit as appropriate. This unit should be the focus of refresher training so that all officers will extinguish its lights when in position to avoid blinding fully understand their roles under various circum- the officers in front and silhouetting them to individuals stances. Too many officers on the scene who do not in the suspect vehicle. If a fourth unit is deployed, it adequately understand where they should be and how should be positioned slightly ahead of and to the left they should position themselves can create as much of the primary unit so that the engine block is between danger as the lack of adequate personnel. This can only the officer and the suspect vehicle. be controlled and coordinated through training under 3. Officer Positions and Responsibilities. In these a variety of situations, police unit positions, the primary officer should exit his There are several schools of thought regarding vehicle through the driver's door and remain in that positioning of patrol vehicles during high-risk vehicle position through completion of the vehicle stop. The stops. In addition, the circumstances of the stop--such primary officer is responsible for issuing all instructions as the position and nature of the suspect vehicle, the and cOmmands to suspects in the vehicle but should number of suspects involved and the area and terrain wait to initiate this activity until all units and personnel in whichthevehicleisstopped--willdictatetheposition are in place. Until that time, the driver should be of primary and backup vehicles. However, under the instructed to turn off the engine and drop the keys proper circumstances good patrol vehicle positioning outside the vehicle, and all suspects in the vehicle should will meet several basic officer survival requirements: (1) be instructed to interlock their fingers behind their it will provide separate cover positions for each officer, heads. all of whom have a clear, well-lit view of the suspect vehicle; (2) offer clear lines of fire that cover the suspect The primary officer is also initially responsible for vehicle and the perimeter; and (3) allow officers to move communications, but should relinquish that responsi- safely between positions and provide an area in which bility to the first backup officer on the scene so that to efficiently conduct arrest and search procedures of all his attention can be focused on the suspects. prisoners. The secondary officer on the scene should assume While there must be some flexibility in high-risk a position behind the closed passenger door on the right vehicle stop procedures to accommodate varied side of his patrol unit by sliding across the front seat conditions, the following is considered a solid approach and out the door or by exiting the driver's door and that is suitable for most incidents and one that may moving in a crouched position around the rear of his be adapted easily to accommodate unusual situations, vehicle. This position provides maximum cover by The procedures discussed here relate to a stop positioning the engine block between the officer and conducted on the right-hand side of the roadway, the suspect vehicle and also provides good visual When preparing to stop, officers should be ready to coverage of the right side of the~uspect vehicle. An exit their vehicle quickly once in position, as this is one alternative is for the officer to p~s'itio~n hi~riself at the of the most hazardous points during high-risk stops, left rear wheel of the primary unit. Th~ secon, dary Just prior to the stop, officers should ensure that they backup officer should direct the third officer~9~ the s/c~ne will have immediate access to such equipment as the into position and thereupon turn over re~nsibili{ies shotgun and radio if these are going to be necessary, for radio communicat on and coordination of any Other The primary vehicle that initiated the stop should arriving police units to that office~ This ffii{ allow' the position the patrol unit no less than 30 feet and primary and secondary officers to.f.o~us tl~eir attention preferably 40 feet from the suspect vehicle and may, upon the suspect vehicle. :d~:.. .:_ . depending upon the position of the suspect vehicle and The third officer should take a position of-cover either highway conditions, turn the patrol unit on an angle at the left rear truck area of the primary unit, if that to the left. position is not manned, or with the primary officer. This Ideally, three police units should be on the scene of officer should coordinate any additional responding a high-risk vehicle stop (see illustration on page 9). A units to appropriate locations at the stop or to other single officer may make the initial stop if circumstances positions for traffic control. He should also take control dictate but should contain the suspects in the vehicle of radio communications and assist in searching and securing the suspects as they are removed from the position, suspects should be instructed to either stretch vehicle, their arms as far in front of them as possible or behind 4. Removing Suspects From the Vehicle. The primary their back with palms up. When in place in the prone officer should be responsible for issuing all commands position, the second backup officer should approach the to the suspects through the patrol unit's public address suspect, and then handcuff, search and remove the system, if available. He should first identify himself as prisoner to the transportation vehicle. This entire a police officer and inform all occupants of the vehicle procedure should be used to remove and secure each that they are considered to be armed and dangerous, suspect in turn. that all occupants in the vehicle are under arrest and Some police agencies follow the practice of removing that his instructions to them must be followed without all suspects before handcuffing, searching and removing hesitation or suspicious movements. If not already themfortransportation. However, this practice has some directed to do so, all suspects in the vehicle should be disadvantages. In particular, it places the officer instructed to interlock their hands behind their heads performing the custody search in close proximity to and leave them in that position until told to do' initially unsecured, presumed dangerous and, at this otherwise. The primary officer should keep the initial juncture, potentially desperate criminal suspects. Since notification and all subsequent instructions as brief as the officer conducting the search will necessarily have possible using a clear, authoritative voice, holstered his sidearm, he will be vulnerable to takedown When the vehicle contains more than one suspect, moves that are sometimes practiced by experienced each should be removed individually starting with the criminals. Also, since the vehicle's interior has not yet driver and front passengers, and then the rear seat been secured, it places the same officer in a position passengers. Each should be instructed to exit from the for potential ambush or even capture in spite of the nearest door to avoid unnecessary movement and fact that the officer is being covered. confusion. Beginning with the driver, the primary officer After all visible suspects have been removed from should instruct him to lower his window, if appropriate, the suspect vehicle it should be checked for additional then in separate commands to remove the keys from the ignition and drop them out the window. In suspects under the"plusonetheory,"which means that individual steps thereafter, the suspect should be officers should act as though there is one more suspect instructed in the following order to open the door from in the vehicle than is visible. The primary officer should the outside, step out of the vehicle and raise his arms conduct the approach, working around to the front of high above his head, turn completely around slowly the vehicle in a wide arc. Any suspect in hiding would and then face away from the officers, walk backward normally expect to see the officer approach from the until commanded to stop, and then to lie face down rear and would position himself accordingly. This on the pavement, approach allows the suspect to be seen more easily from As the suspect turns around, officers should be the front of the vehicle. particularly alert to any hidden weapons. If evident, the Initially, the officer may issue a bluff command such suspect should be told that the weapon(s) is visible to as, "You, hiding in the car, step out with your hands the officers and that he should not touch it. The suspect up." If available, a canine may also be deployed to alert should then be ordered into either a prone or kneeling or to force any suspects out of hiding. The trunk should handcuffing position and immediately restrained while be unlocked with the Officer low and as far to the side another officer provides cover. Suspects should not be of the vehicle as possible. Once checked, it should be instructed to remove the weapon(s) themselves, shut in order not to restrict visibility and cover by fellow These procedures are particularly advisable because officers. If the doors of the vehicle have been left open, they place the officers in a consistent position of the officer may choose to search the vehicle by flanking advantage but also allow the stop to be completed in it wide to observe the interior. If a suspect is hiding a reasonable amount of time. Procedures that become inside, this will give the officer an advantage by too complicated and take too much time to complete increasing the element of surprise and reducing his provide suspects with additional time to plot attacks vulnerability to fire. or escapes and possibly secure weapons. Taking After all suspects have been remo~efl from the vehicle suspects into custody in a timely fashion also becomes and the vehicle cleared, the primary~officer may proceed particularly important when the vehicle stop is being to the police station for booking and:~nteryiews. The conducted in a potentially hostile neighborhood or officers at the scene should be responsible for searchiB$ when vehicular or pedestrian traffic is a concern, and impounding the vehicle according to ~pplica~ As part of the above procedures, many agencies follow state and federal law and departmental procdd~re. the practice of having the driver and any other suspects · i in the vehicle leave the car door open when exiting. F. Stopping Oversize and Overweight Vehicie~ -~ This allows better visibility for the officers who will later Many of the principles advocat~d~ for th~, stop ~f secure the vehicle. In the case of vans and vehicles with passenger vehicles also pertain to stO_j~Ping ov'~_rsize and heavy window tinting, it is also advisable to instruct overweight vehicles such as tractor-trailer~-~or buses. the driver to keep the keys in his hand and to open However, there are special considerations involved in the back and side doors wide before backing him up stopping these larger vehicles. With the increased to be searched and handcuffed, volume of thefts of oversize vehicles and the increased The suspect should be backed up to a point forward use of these vehicles for the transportation of contra- and to the left of the police vehicle's bumper so that band, law enforcement officers will be increasingly he will not be able to easily move to the front of the required to make a greater number of these types of police vehicle in an effort to gain cover. In the prone vehicle stops. Selection of a suitable location to conduct oversize/ area between the cab and the trailer and look through overweight vehicle stops is of particular importance. The the window in the rear of the cab, if available. Officers officer must plan his stop to allow the vehicle operator who make these type of approaches should be aware sufficient time and distance to make the stop safely, that at this point they have few safe areas and are at The officer should select an appropriate paved or solid a distinct disadvantage to the driver on the higher shoulder to accommodate the weight of the vehicle and ground. its added size. If an officer's vehicle is equipped with The officer should stop just behind the rear edge of a citizens' band radio it is often best to contact the vehicle the door, a position that will require the driver to turn operator and guide him to an appropriate location, to see and talk to the officer. He should also instruct Whenever possible, officers should avoid stopping the driver not to open the door unless told to do so oversize/overweight vehicles on commercial or private and to turn off the engine. An officer should never climb property, as many asphalt or even concrete parking lots onto the cab as he will be off balance and may easily are not sufficient to support the weight of tractor-trailers be knocked to the ground. Once the driver has been without sustaining damage, removed from the cab, he should not be allowed to As with all vehicle stops, the officer should contact return without the officer present. As with passenger communications prior to the stop and provide in[or- vehicle stops, it is not recommended that violators be mation on the vehicle, location, license, occupants' allowed to sit in the patrol vehicle while the citation direction of travel and reason for the stop. When is being written. Rather, the violator should remain on stopping buses or tractor trailers, officers should always the curbside of the trailer so that the officer can maintain request a backup. During daylight hours, the officer's visual and voice contact with him while the officer is vehicle should be offset at an angle to the rear of the seated on the passenger side of the patrol vehicle. From vehicle and at night the patrol vehicle should be parallel this position, the officer may easily maintain contact with and offset to the left in order to provide light down at some distance with the violator while completing the the side of the truck. The backup officer's vehicle should citation. The officer also has ready access to the radio, be positioned to provide light down the length of the is unencumbered by the patrol unit's steering wheel passenger side of the trailer, and may exit the vehicle rapidly if necessary without When stopping a bus, officers should be mindful that fear of traffic. most bus doors are on the right side, thus generally In felony stops involving overweight/oversize necessitating a vehicle position that will provide light vehicles, additional planning is essential. Backup. down the full length of that side. Whenever stopping assistance in these cases is always needed, and officers buses, particularly customized noncommercial models, should not attempt to make a stop until adequate backup officers should be particularly aware of danger fi.om the is in position. Primarily because of the size of the vehicle rear door and side windows, involved, traffic control must be assigned to stop When conducting a stop of a tractor-trailer, officers approaching vehicles from each direction. The proce- should be aware of both the safe and danger areas of dures for effecting an arrest under these circumstances the vehicle. The safe areas are those places that provide is essentially the same as that involved with passenger an officer with cover fi.om gunfire, such as behind vehicles. However, during a nighttime felony stop wheels, or an avenue of escape, such as rolling under involving these larger vehicles, the command vehicle the trailer to the other side. Once forward of the trailer, or a backup should be positioned so that it may utilize an officer becomes far more vulnerable as most of the its headlights and spotlight to fully illuminate the cab. safe areas are eliminated by the drive wheels and the Depending upon the circumstances of the stop, an fuel tank. Therefore, it is normally safest to request that officer may be required to enter the trailer to inspect the driver exit the cab and walk to the rear of the trailer, the cargo. Prior to doing so, he should request a backup This can be accomplished by use of a citizens' band officer, if one is not already pr~5_knt, to Watch any radio, public address system or through hand signals, passengers during the inspection. ~ Using this procedure, the officer should instruct the Endnotes operator to bring all appropriate documentation with ~Commonwealth of Pennsylvania v. Eawants, 355 PA .~x,~er. 311,,~513 him. He should also be instructed to turn off the engine A.2d 445 (1986). and to shut the cab's door when exiting. A closed cab 2Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391 (1979). door removes a potential traffic hazard and provides :, ' the officer with advance notice should someone else rtiis project was supported by Grant No. 87~$N~CX-KO.77 wamnteff.fi$t the Bureau of Justice Assistance, Office of lushce programs, U.I~. :Depavlmeat o~LIustice. The in the cab attempt to exit. By meeting the vehicle Assistant Attorney General, Office of}ust~ce Prooorad~, coordinates-theactivittes operator at the rear of the trailer, the officer will also of the following program offices and bureaus: the Bureau of lustier'Assistance, the Bureau of Justice Stalistics. National Institute of Justice, Office of Juvenile remove the "high ground" advantage that the driver and l)riinquency Prevention, and the Office of Vic[ires of Crime. Points of view or opinions in ttiis document are those of the auttior and do not represent the would ha ve if he were allowed to remain in the cab. officiol position or policies of the United States Department of ]ustioe. Should the officer elect to approach the cab, he should check under the trailer to ensure that someone has not Everff effort has been made by the IACP National Lava Enforcement Policy Center exited on the passenger's side in an attempt to circle staff and adviso~ board to ensure teat this model policy incorporates the most around. The officer should also check the rear cargo current information and conteraporat~ professional judovment on this issue However, law enfom'~nent administrators should be cautioned that no "model" doors to ensure that they are closed. At night, it is policy can meet all the needs of any given l~a~ enforcement agency. Each law enforcement agency operates in a unique environment of [aderql court rulings, advisable to shine the vehiclets spotlight and/or a stats laws, loealordinances, regulations, judioiolandadmlmstrativedecisionsand flashlight in the vehicle's mirror to provide better collective bar ainin agreements that must be consuler~d. In addition, the formulation ro~ s~io agency policies must take into account local political and visibility into the cab and protect the officer's approach co~nmunit~ potspectlves and customs, prerogatives and demands; 0~n dwt'rgrnt by restricting the driver's visibility. The officer should t~w enforcement strategies and philosophies, and the impact of varied agency stop at the front end of the trailer, check in the open resource capabillties among other [actors. High-Risk Unknown Risk Traffic Stop Traffic Stop Distributed by Capt Johnson - ICPD OPS-11.1 I TP'AFF C I July 30~ 1999 99-07 ]EffectiveDate ]SectionCode August 4~ 1999 OPS-II August 2003 5/02 NEW ' , C.A.L.E.A. Chapter 61 ~:" ~ ' INDEX AS: Arrests Traffic Stops Traffic Enforcement Citations Parking Enforcement Traffic Exemptions Alcohol Enforcement I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of property damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and partnerships with other agencies within the community to promote safe driving, and preventative patrol combined with aggressive enforcement by officers. III. POLICY It is the policy of the Iowa City Police Department that motor vehicle stops will be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and other users of the roadway. It is the purpose of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and motorist. OPS-tl.2 PROCEDI. JRE$ The Iowa City Police Department does not use a "quota" system for the evaluation of an officer's traffic enforcement activities. The officer is expected to take those steps necessary to obtain compliance with traffic laws and will determine the appropriate action when dealing with violators. The emphasis will be on qualitative not quantitative enforcement activities. When deciding on the appropriate enforcement action officers should consider the seriousness of the violation and the circumstances surrounding the violation. In instances where the violation is a simple misdemeanor officers may opt to warn or cite the violator. In deciding to arrest a person for a "citeable" offense the officer should have an articulable reason for this action. Warnings may either be verbal or written in nature. In instances where the offense is a sedous misdemeanor or higher, officers should take the violator into physical custody. Arrests of all types should conform with departmental requirements pertaining to arrests. When a traffic citation is issued, the officer shall request the incident number for the stop and write the incident number on the citation. When an incident is such that a case number is required,(no longer necessary) the officer(s) involved shall include the case number on all related charges and related documentation. While engaged in traffic enforcement, officers may encounter persons. who are at times granted exemptions to laws. When encountering th~e situa[ions officers may follow the guidelines in Appendix I, or if still u0~s~ite Of the appropriate action, should contact a watch supervisor for further guidan .,c?~. Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowl_edge of traffic laws and local ordinances. Consistency is an essenti~lSart ~ any traffic enforcement program. The guidelines in Appendix II '~are to ~sist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. Enforcement Techniques The Iowa City Police Department utilizes vaded and diversified techniques in traffic law enforcement. Many variables must be considered when evaluating tactics to be used on a specific problem. It will be the responsibility of the officer, in consultation with the watch supervisor, to determine the tactics to be used. The tactics or techniques that may be used include but are not limited to: 1. Visible traffic observation. Stationary observation in which the observer officer is in full view but so located as to require effort on the part of traffic to discover the observer. 2. Concealed traffic observation. Stationary observation in which the observer is not visible to persons using ordinary powers of observation from the roadway. 0PS-11.3 3. Conspicuous traffic observation. Stationary observation in which the observer is positioned in such a way as to "attract" attention by keeping in full view of traffic. DRAI:::T Area traffic control Moving or s~tiona~y patro~ observation in an area which includes a pa~icu~er number o~ street, roeds or scions of highways. Line treffic patrol Moving or stationaox observation on a spec§ed route belween l~vo points, usually on one street or se~fon of highway. Directed enforcement wi~ be determined on a "as needed" or "as available" basis. Directed patrol may be used for a specific violation identified in a particular area or at a specific time, or in response to an anticipated traffic pattern for a parlJcular event. Directed patrol also includes the tactic of "Saturation" patrol in a specific area for either a specific violation(s) or for all violations. The watch supervisor has authority to determine the type and number of vehicles to be used for a specific type of traffic patrol. The use of an unmarked vehicle for traffic patrol will he used only upon authorization of the watch supervisor. The Iowa City Police Department will only use equipment which meets or exceeds requirements of the FCC and/or the NHTSA. Officers may use only those speed measuring devices approved by the depaH, ment and in which the individual officer has been trained, and where applicable, certified. Said training will include instruction on the set up, testing, operational use and reading of the device. Officers shall set up and use speed-measuring devices in a manner which is consistent with their training and the manufacturer's specifications. All training will meet or exceed the requirements of the NHTSA. Prior to the use of a speed-measuring device the officer shall check the equipment according to the manufacturers specifications. If any discrepancy exists the officer shall not use the equipment. The officer shall make note of the problem and forward an equipment repair sheet to the watch supervisor. It is the responsibility of all officers to see that attached speed measuring devices are properly cared for. The Captain(Commander) of Field Operations or his/her designee will see that all equipment is maintained according to manufacturers specifications and will maintain the records for the duration of the lifetime of the speed measuring device with the department plus two years. The sergeant in charge of vehicle inspections or his/her designee will periodically check to see that all speed measuring units or video-recording units are operational and have been properly _maintained. The inspection sheet will be forwarded to the Captain(Comma~e~) o[ Field Operations. ALCOHOL ENFORCEMENT The Iowa City Police Department will create special enforcement pro~lrams aimed at the enforcement of Operating While Intoxicated laWS. These programs may be in conjunction with other law enforcement a~cies _{/~ithin the area. In an effort to minimize the damage done by drivers wh~ are intoxicated or drugged, the Iowa City Police Department places a high priority on the training of officers in the detection and apprehension of intoxicated or drugged drivers. The department will actively pursue state and federal grants pertaining to alcohol enforcement. The Department may also use directed patrol in areas or engage in roadblocks for the identification of intoxicat~l or drugged drivers. When available, an officer is to be assigned to the traffic function for each watch. This assignment is to concentrate on, but not limited to; speed violations, child restraint violations, seat belts(violations) and OWl enforcement. All officers, whether on general patrol or directed enforcement duties, should be alert for ddving behavior which may indicate that a ddver is operating a motor vehicle while intoxicated or on drugs. When such an observation is noted the officer should: 1. note unsafe or erratic ddving but should not let it continue so as to endanger the public or the operator of the vehicle. Officers should attempt to stop the vehicle in an area that will not interfere with or endanger traffic; 2. prior to the initiation of field sobriety tests, note the demeanor, actions and signs of intoxication. These indicators should be noted in the OWl packet; 3. attempt to administer field sobdety tests on all ddvers suspected of ddving while impaired. The information gathered dudng the administration of these tests should be recorded in the OWl packet. Field sobdety tests should include but are not limited to: HGN, Walk and Turn and One leg stand. The administration of a Preliminary Breath Test should be done at the completion of the field sobriety tests; 4. if the operator refuses to submit to field sobdety tests, or is impaired to the point it is unsafe to administer the tests, or is otherwise unable to perform the tests, base the decision of whether to take the person into custody on other observations of the operator's condition. This may include the statement of witnesses if applicable. If the person refuses to submit to preliminary breath test they may be transported to the police department for further testing. If based on the officer's observation of the operator and the circumstances surrounding the incident the officer believes the person is intoxicated, the person may be arrested for suspicion of Operating While Intoxicated; 5. if the person is arrested for suspicion of OWl, a search of the person and vehicle maybe made subsequent to arrest. The vehicle may be either parked, towed, or turned over to a sober driver; at the officer's discretion and depending on the circumstances. 6. The administration of Implied Consent, and the breath or other chemical test, shall be pursuant to state code, guidelines from the Department of Transportation, and Department of Criminal Investigation. In instances where the operator of the vehicle is involved in a crash resulting in death or serious injury and the operator refuses to provide a specimen for chemical testing, contact the on-call County Attom~ey for assistance. In instances where the operator is unable to consent or r~.e~ se, use the request for chemical test forms pertaining to intoxicated ddvers;':;: ~, '; '~ ,. DRAFT 7. In instances where the officer believes the operator is impaired but chemical testing indicates a BAC of less than .10, the officer may contact a departmental Drug Recognition Expert for testing. If a DRE is not available, officers should consult with a watch supervisor to determine whether to call a DRE; 8. In instances where the operator of a vehicle is under 21 years of age and there are indications that their BAC is in excess of .02, transport the person to the police department for administration of chemical testing. If the result is in excess of .02 but less than .10 follow Department of Transportation guidelines pertaining to .02 revocations. PARKING ENFORCEMENT Officers or Community Service Officers will respond to parking calls as available. All officers are responsible for enforcement of parking violations when brought to their attention or observed. Officers will be responsible for the enforcement of parking regulations on city streets and alleys. The parking department has enforcement responsibilities for overtime parking. When called to a pdvate property parking call, the officer or community service officer will make a determination if the complainant has the authority to request a vehicle be ticketed or impounded. When a vehicle is to be impounded, the officer shall follow departmental directives pertaining to vehicle impounds. R. J. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-11.7 DF AFT APPENDIX I While engaged in traffic enforcement, officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Chapter 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having bccn ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion adses that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another ddver, contacting a cab, or contacting the consulate of the person involved or the United States Depai[t~ent of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial pedod of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access booklet in the watch s office fo guidance ~' ~ commander' r . ' ~ OPS-11.8 D AFT APPENDIX I (continued) Juveniles may be issued citations for traffic violations without notification of their parents. In instances where a juvenile is being taken into custody the applicable juvenile procedures should be followed. If a juvenile is arrested for OWl, the officer shall attempt to contact the parent(s) or other responsible adult prior to initiating Implied Consent. Non Iowa residents will be treated the same as Iowa residents with regard to the issuance of traffic citations. In instances where an officer has an articulable reason for believing that a person is unlikely to appear for the scheduled court appearance, the officer may require that a cash bond be posted or the person may be taken before the nearest magistrate for arraignment. The Iowa Ci~' Police Department encourages the practice of cite and release whenever possible. 0PS-11.9 DF AFT Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The following guidelines are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. 1. Operating While Intoxicated: Recognizing that intoxicated individuals who choose to operate a motor vehicle pose a significant threat to the safety of themselves and others in Iowa City, the Iowa City Police Department will stdctly enforce violations when a person operates a vehicle while intoxicated or drugged. Officers are also encouraged to stdctty enforce Iowa's .02 Zero tolerance law pertaining to underage ddnking and ddving. 2. Operating while suspended, revoked, or barred. Operating a motor vehicle while a license is suspended, revoked or barred shows a disregard for the law and members of this department will enforce all such violations. Upon confirmation from DOT of the suspension, revocation or barment, officers are to file the applicable charge. Officers should check for the registered owner of the vehicle being operated by the subject, and if the operator is listed as a registered owner, the officer should check to see if the operator is eligible to have vehicles registered in his/her name. If the operator is not so entitled, pursuant to Iowa law the officer shall take custody of the license plates and, if available, the registration and, drivers license and send them to the Department of Transportation. Officers should also check for any unserved suspensions on the operator and, if present, serve such suspension on the operator. 3. Speed enforcement. A driver who operates a vehicle in disregard for the posted speed limit is one who can and does cause a large number of motor vehicle crashes. Officers of the Iowa City Police Department are to take enforcement action when speed violations are observed. Since the stopping distance of a vehicle is directly related to its speed, particular efforts should be made in and around areas which have significant numbers of children. 4. Hazardous violations. There are many violations of the traffic code that may be considered hazardous. These violations are those that could, under the right circumstances, result in a vehicle crash. Some types of violations considered hazardous are disregard of a traffic control device, failure to yield, reckless ddving, and improper lane change/usage. Since the before mentioned violations are involved in large number of the motor vehicle crashes in Iowa City, i officers are expected to take aggressive action when these violations occur. :i ~ ' C APPFNDI× II (continued) ~. Off-Road ~ehiclo viola~ons. Mom~ o[ thi~ depadmnt ~11 tak~ appropfiat~ a~on ~en tho~ ob~o~e ill.al on-road uso of an off road vehido. This indudo~, but i~ not limit.d to, onfor~mnt ~ ~quipmnt, ro~istr~ion a~ Iimn~ino mquimmn~. In instants ~em a vehi~ is ~ng o~mt~ off the roa~ay, offi~m n~ to dete~ine if the operation is on prope~ where ~e o~rat~ is enfifl~ to ~. If ~e vehicle is opemt~ on pdv~e pmpe~ ~tho~ ~e permission ~ the ~ntmlling pa~, t~ offi~r ~y pumue appropd~e cdminal charges. In ins~n~s where the vehicle is being ~er~ed on public ~ope~, the offi~r ~11 ~ke a dete~inaflon as to if the pa~icular area allo~ the operation of ~todz~ vehicles. 6. Vehicles opera~ on pdvate pro~. When a vehicle is being opemt~ on pdvate prope~ ~th t~ ~i~ion of ~e ~n~olling ~, ~e offi~r ~y enfor~ ~e OWl, r~kless dri~ng and a~dent repo~ng ~ions of the Io~ ~e. 7. Equip~nt violations. In order for a vehicle to be ~fely operat~ on a roadway ~ must be ~uip~ pumuant to state ~e. In ~ny ~s, ~e o~rator of a vehicle may not be aware that a pie~ of ~uip~nt is not o~rafi~, i.e., ~illight, brake light. A warning by an offi~r may be all ~at is mquir~ to insure the defe~ is ~e~. In ~ sit~fions ~ere a ~torist is a~re of a problem and has fail~ to ~rr~ it in a reas~able a~unt of fi~, or the ~olafi~ is such that it could result in a ~ash, other a~on ~y be r~uir~: i.e. dtafion, or pa~ng ~ the vehicle. 8. Com~rcial vehicle violations. NI public and com~rcial vehicle regulations ~11 be enfor~; h~ver, the offi~ds discretion, ffaining and knoW,ge will de~ine the a~ion to ~ ~ken for violations of public and/or com~rcial vehicle r~ulafions. The offi~r may ~11 a depa~nt ~mber trained in ~m~rcial motor vehicles or ~n~ the I~ Depa~nt of Transpo~fion for assis~n~. In all instan~ ~ere a ~m~rcial ~er is involv~ in a ~tor vehicle ~ash inv~ving ~dous personal inju~ or dea~, the offi~r should ~n~ct a ~ain~ com~rcial vehicle insp~or ~r assistan~ in the investigation. 9. Less-Haza~ous violations. ~e offi~r should take nofi~ of I~s sedous violations and ~y ~ke ~n~ ~th the violate. The ~r~n~s suffounding the violation should be ~ken into ~nsidemfion ~en determining the enfor~nt a~ion to ~ taken. 10. Multiple violations. While ~e "stacking" of violations is not en~rag~,~ the dmu~n~s and ~dous~ of t~ ~olafions should guide ~e offi~ ~m d~ the appropd~e enfor~nt a~ion. :: ~ 0PS-11.11 APPENDIX II (continued) 11. Newly enacted laws and/or regulations. When newly enacted laws or regulations are passed and become applicable to the motoring public, the enforcement guidelines prescribed in the text of the new law will be followed. The enforcement date of new laws/regulations will be determined by the Chief of Police or his/her designee in consultation with the city or county attorney. 12. Enforcement guidelines for motor vehicle crashes. Officers will take enforcement action when their motor vehicle crash investigation or reporting activities provide probable cause to believe that a law or ordinance has been violated, tf a citation is not issued, the officer may be required to justify his/her action. 13. Pedestrian and bicycle violations. Officers should use discretion and take appropriate enforcement action for violations committed by pedestrians and bicycles on public property. Consideration should be given to the age of the violator and the seriousness, location, and time of day of the violation. 14. When a officer encounters an operator whom he/she feels should be referred to the Department of Transportation for rccxamination, the officer shall complete an incident report pertaining to the incident. The report shall contain the circumstances surrounding the incident, including time of day, weather and street conditions, and the operator's information. The report shall also include the reason(s) why the officer believes the person should be re-examined. The report along with the DOT driver's referral form should be submitted to the watch supervisor for review prior to submission to DOT. (note: age alone is not a reason for re-examination) Distributed by Capt Johnson - ICPD ^ Iowa City Police Department Standard Operating Guideline SOG ti: Effective date: Subjech Traffic Stops Reference: Traffic, High-risk Traffic Stops, Citations, Section: OPS Command Signature: Purpose: Although stopping a motorist on the highway for traffic violations or other purposes is often considered a mulJne function of patrol officer, it is one that has been demonstrated to be potentially dangerous for both the officer and motorist even dudng apparently "routine" situations. Therefore, it is the policy of the Iowa City Police Department that motor vehicle stops shall be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and others users of the roadway. It is the policy of the Iowa City Police Depa~,,~nt to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and the motorist. Definitions: Procedures: TRAFFIC STOPS STOPPING AND APPROACHING TRAFFIC VIOLATOR The following procedures should be followed whenever possible. It is recognized that varying conditions such as roadway construction, volume of traffic and the urgency of making the stops may require officers to adjust these procedures to pa~cular conditions. 1. Officers shall perform vehicle stops only when they have an articulable reason to do so. 2. Once an initial decision has been made to stop a motorist, the officer should select an area that provides reasonable safety, avoiding curves, hills, heavily trafficked or poorly lit areas and roads without shoulders. 3. Whenever possible, the officer shall also avoid the use of pdvate ddves, business locations and areas where a large volume of spectators is likely to gather. 4. VVhen a location has been sclc~ed for the stop, the officer shall notify communications of its nature, providing the location of the stop and the license plate number of the vehicle. The officer may include the number of occupants. In instances where a plate is not visible, the officer(s) should give a descripaon of the vehicle being stopped. At the officer's discretion or dispatcher's request, additional information may be exchanged. 5. At the desired location, the officer should signal the operator to stop at the far right side of the roadway or at the safest shoulder by activating the emergency lights and/or siren as necessary. a. On multilane roads, the officer may facilitate movement to the right shoulder by gradually changing lanes behind the violator until the right side of the roadway is reached. b. Should the violator stop abruptly in the wrong lane or location, ~b"~officer should instruct him/her to move by using the appropdafe hand signals or by activating the vehicle's public address system. ~. ~ 6. Once properly stopped, the officer should position the police vehicle aM on[e- half to one and one-half car length behind the violator's vehide an.d 'a~t a slight angle, with the front approximately 2 feet to the traffic side of the viola~r's velfl~le. a. At night, the spotlight should not be used to direct the violator off the roadway, but may be used t~ illuminate the vehicle's interior once stopped. The patrol vehicle should use its Iow beams as high beams may blind oncoming motorists. 7. When exiting the patrol vehicle, the officer should be particularly alert to suspicious movements or actions of the vehicle operator or passengers. 8. Approaching from the ddver's side, the officer should be observant of the trunk and passenger compartments, and stop at a point to the rear of the trailing edge of the left front door in order to communicate with the ddver. a. VVhere circumstances dictate, particularly where traffic is close enough to create a potential problem, the officer may choose to approach the violator's vehicle from the right-hand side and stop at the trailing edge of the right f~ont door. b. When the violator's vehicle has occupants in the rear seat, the officer should approach to a point near the leading edge of the front door, being particularly observant of occupant movements and choosing a path that will not allow the occupants to thrust the door open against the officer. c. In two-officer police vehicles, the passenger officer should be responsible for radio communications, note taking and relaying messages to the communications center. He/She will also act as an observer and cover for his/her follow officer. (no{e: this does not apply to training cars with an FTO which are to be considered one officer care) 9. Non-uniformed officers operating an unmarked patrol vehicle with concealed emergency lights and siren may make vehicle stops if the stop is consistent with the officer's assignment, i.e. Officers assigned to address special concerns in an area in which the use of an unmarked vehicle is determined to be useful. Pdor to the initiation of a traffic stop, when circumstances allow, officers in unmarked vehicles should check for the availability of a marked unit in the vicinity. If available, the marked unit should initiate the stop. Officers operating unmarked patrol cars must recognize that persons failing to stop for them may be doing so due to legitimate concerns for their safety. Persons may legitimately continue to a lighted area with traffic prior to stopping for an unmarked vehicle. 10. Non-uniformed officers operating vehicles not equipped with emergency lights or siren shall not make motor vehicle stops unless there is an imminent danger of loss of life should they fail to act. In other less urgent cases that demand attention, officers shall contact the communications center, request that a marked patrol vehicle perform the stop, and assist in directing the marked .u~3it to the subject vehicle's location ISSUING CITATIONS Enforcement action incidental to traffic law violations will be carded out by?~mir~s (written or verbal), written citation(s), or physical arrest. A large number of Citations~or arrests is not the purpose or emphasis for conducting traffic stops. No system emphasizing quantitative enforcement, i.e. ticket quotas, shall be utilized. Physical arrests should be utilized for sedous offenses such as OWl, eluding, assault with a motor vehicle, or other offenses which constitute a sedous misdemeanor or above. In incidents where an officer elects to take a person into physical custody in lieu of issuing a citation, the decision to arrest should be based on sound legal principals(principles). When a person commits a "minor"(less serious) violation the officer has the discretion to decide if the operator should given a warning or citation. In cases of non-hazardous or inadverlent moving violations or equipment violations, officers may elect to issue a verbal or written warning to the violator. Dudng the traffic stop officers should greet the violator in a courteous manner, explain the reason for the stop and request the ddvers license and other documentation as determined by the officer. The officer should request that the operator remove the ddvers' license from their wallet or purse. When taking the license, it should be taken in the officer's weak hand. 1. When issuing citations, conducting roadside sobdety tests or conversing with the violator, the officer and other parties should be positioned to the side of the road, clear of passing motor vehicles. 2. Dudng the stop, the violator should remain in his/her motor vehicle while the officer writes the citation or conducts other business. Under normal circumstances, violators should not be permitted to sit in patrol vehicle while citations am being prepared or other police business is being conducted. 3. VVhen preparing citations, the officer should position paperwork and related materials in a manner that allows him/her to maintain vantage over aclJons of the violator and other occupants. 4. Upon deciding to issue a citation, the officer should advise the violator of the following: a. That a citation(s) will be issued, the violation(s) for which it is being issued, and the fine amount imposed if scheduled. b. Explain the methods of responding to the citation, i.e., mandatory court appearance or pay the scheduled fine or appear in court to ~t~t the charge. c. Explain the unsecured bond amount and purpose. d. Make sure the violator is aware of the scheduled court date. --- e. Request the violator sign the citation, explaining that signing of the!ci~atio~..,is - not an admission of guilt. -~' f. If the violator signs the citation, provide copies of ~ citation to the violator and suggest they read both sides of the citation. If the violator refuses to sign the citation, the violator shall be advised that failure to sign will result in a physical arrest being made. Upon continued refusal to sign, the violator may be physically arrested. An officer may issue a citation when he/she believes a violation wes hazardous, intentional, or believes a citation is necessary to achieve voluntary compliance with the law. STOPPING AN APPROACHING MOTORIST In cases where a motorist in oncoming traffic must be stopped, the following actions may be taken: 1. Drive the police vehicle to the extreme fight portion of the roadway and as the violator approaches signal him/her to stop by using hand signals and/or emergency lights. 2. Because of the potential hazard involved, an officer should not leave his/her vehicle when attempting to stop traffic violators in oncoming lanes. 3. If the subject motodst complies with the instructions, the police vehicle may then be turned around and appropriately positioned to the rear of the violator's vehicle. 4. Should the motorist fail to comply with the officer's instructions, the officer should turn the police vehicle around and pursue, stop and approach the violator in the prescribed manner. STOPPING A FOLLOWING VIOLATOR - When stopping a motorist to the rear of the police vehicle, the following proced _utes may be followed: '--~ - 1. The officer should drive to the fight shoulder of the road and, as'trne viol~or approaches, signal him/her to stop by using hand signals and/or emergency lights. 2. The officer should not exit his/her vehicle in order to signal the subject metofist. 3. Should the motodst fail te comply, the officer should return to the roadway, pursue, stop and approach him/her in the prescribed manner. HIGH-RISK VEHICLE STOPS The following procedures may be employed when an off(er initiating a vehicle stop has reason to believe that an occupant may be armed or dangerous: 1. VVhen planning to perform a high-risk stop on a suspect vehicle, the officer shall notify the communications center, giving location, vehicle information, nature or reason for the stop, and number of occupants visible in the vehicle and request appropriate assistance. 2. An officer should not individually initiate a high-risk vehicle stop unless back-up units will not be available in an appropriate amount of time or the urgency of the situation demands immediate action. In these cases the initiating officer should not attempt removal of the suspects without assistance. 3. After selecting an appropriate location and with adequate support units in position, the officer should signal the suspect vehicle to stop. 4. The initiating officer should position their vehicle to the left of the suspect vehicle and at least 20 feet to the rear of the suspect vehicle. Positioning should be such that it will maximize opportunities for cover and in such a manner as to allow for illumination of the intedor of the vehicle and its occupants. 5. The officer initiating the stop, or the officer with the best observation point, should issue verbal commands to the vehicle occupants through the squad cars PA system, if available. 6. Once the suspect vehicle has stopped, officers should exit their vehicles quickly and assume positions of cover. 7. The officer in charge shall first identify himself/herseff and then notify the occupants that they am considered to be armed and/or dangerous and that all instructions are to be followed without hesitation or suspicious movements. 8. VVhen ordering the occupants of the vehicle from the vehicle, the officer giving the orders should give a separate comrnand for each movement or action required. While the nature and order of the commands may vary, depending on circumstances, the purpose of the commands will be geared to safely taking control of the occupants of the suspect vehicle. Suspects will be ordered from the vehicle one at a lima, wilh instructions directing them towards backup officers, who will secure and confine them. After a subject is secured and confined, another occupant may be directed from the vehicle. 9. VVhen all visible subjects have been removed from the vehicle, and with appropriate cover, two officers may then approach the suspect vehicle to inspect the passenger compartment and trunk, where appropriate. Dudng the approach to the vehicle, officers should have their weapon drawn and focused towards the suspect vehicle. STOPPING OVERSIZE AND OVERWEIGHT VEHICLES ~.~ '.~ In the event that an officer needs to stop comrnercial and similar °vemize-or overweight vehicles, the following procedures should be followed: .... 1. Select a IocalJon for the stop that provides enough room for the vehicle ~d sufficient stability to support the vehicle's weight, and allow the operator sufficient time and distance to make the stop. 2. Approach the cab from the rear, using the ddver's outside mirror to observe the driver and activity in the cab. 3. Avoid climbing onto the vehicle to make contact with the operator. Maintain a position to the rear of the ddver's door and ask the operator to exit the vehicle, if and when necessary. While engaged in traffic enforcement, officers may encounter persons who are at times granted exen-~3tions to laws. When encountering these situations officers may follow the guidelines in Appendix I, of General Order 99-07 Traffic, or if still unsure of the appropriate action, should contact a watch supen/isor for further guidance.