Police Department Policy

37903909.pdf

Gainesville Police Department

Policy Text
\n\n--- Page 1 ---\n\nTITLE ACCREDITATION Traffic Checkpoints CALEA 61.1.6.d & 61.3.2.e PRIOR REVISIONS PROPONENT UNIT 11/29/99, Patrol Support Bureau- Traffic Unit ATTACHMENT: 0 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 61.2 07/01/98 07/23/2020 4 I. PURPOSE: This Order establishes guidelines for the operation of traffic checkpoints. II. POLICY: The Gainesville Police Department may periodically establish traffic checkpoints to enhance traffic enforcement. III. DEFINITION: Checkpoint: A location where law enforcement personnel stop some or all traffic to inspect vehicles and interview drivers for the purpose of enforcing traffic laws. IV. PROCEDURE: [CALEA 61.1.6.d] A. Proposal: 1. Any member may make a proposal for a traffic checkpoint when a need exists. 2. A written proposal (via an IOC) shall contain a brief summary describing when, where, and why the problem exists. B. Review: The proposal shall be submitted to the Operations Bureau commander (via the member’s chain) who shall review the proposal and make a decision whether to approve the proposal. If the proposal is approved, the Operations Bureau commander shall assign a bureau member(s) to create an operational plan. C. Operational Plan: The traffic checkpoint operational plan shall include the following provisions, at a minimum: 1. Purpose: The plan should briefly identify the need for, the purpose of, and the nature of the operation (e.g., driver’s license, DUI, registration inspection, equipment inspection, insurance inspection, or a combination thereof); 2. Time and Date 1 Scope: Sworn Department Members\n\n--- Page 2 ---\n\n3. Location: The following criteria, at a minimum, shall be considered in selecting the checkpoint site: i. Safety and visibility to motorists; ii. Adequate room for police and subject vehicles; iii. A secondary screening area; iv. Minimal interference to business and residential driveways or intersecting streets; v. Free from roadway hazards; vi. Sufficient lighting to provide motorist and officer safety. 4. Selection/Detention Process: The plan shall: i. Identify a uniform procedure describing how and which vehicles are to be stopped. Note: Members may not pursue and stop vehicles that make a U- turn or use an alternate route to avoid the checkpoint, unless a violation of the law is observed. ii. Ensure a minimal delay and intrusion upon the motorist. 5. Personnel: The plan shall identify the personnel who are to be involved in the operation, subject to the following requirements: i. Checkpoints shall be conducted only when staffing is available to reasonably ensure efficient operation. ii. Uniformed officers and marked police vehicles shall be in sufficient quantity to show the presence of legal authority. 6. Duties and Responsibilities: The plan shall identify the particular duties and responsibilities of the involved members, to include the following instructions for dealing with motorists: i. A driver’s license that appears to be valid is prima facie evidence that the driver is in compliance with Florida driver licensing statutes. ii. Vehicles will be inspected by the officer for proper registration. iii. If the driver is also the vehicle owner/ registrant, the officer will ask the driver to display proof of insurance. 2 Scope: Sworn Department Members\n\n--- Page 3 ---\n\niv. A license or wanted check of the driver will not be made unless the officer has reasonable grounds to believe that a violation has been or is being committed. v. If the driver is able to produce the required documentation and no other violations are noted, the driver shall be allowed to proceed without further delay. 7. Equipment: Personnel who staff a traffic checkpoint shall have the following equipment, at a minimum: i. A reflective traffic vest or raincoat, (worn at all times when in traffic) [CALEA 61.3.2.e] ii. Fluorescent traffic gloves, (worn at all times when in traffic) [CALEA 61.3.2.e] iii. Traffic whistle, iv. Traffic wand and flashlight, v. Cones, reflective barricades, and flares (when necessary). 8. Communication: The plan shall identify the means of communication to be used during the operation. 9. Processing / Arrest Procedures: The plan shall identify the particular procedures for initiating an arrest, booking arrestees, and processing vehicles. i. If an officer has reason to believe that a non-criminal violation has occurred, the driver will be directed to move the vehicle to a staging area for further action. ii. In those instances where a criminal or impairment violation possibly exists, the officer shall direct the driver to exit the vehicle and accompany them to the staging area and another officer shall remove the vehicle from the roadway to the designated vehicle holding area. 10. Media Notification Method: The Public Information Officer (PIO) shall be notified of the checkpoint and, when possible, supplied a copy of the operational plan. The PIO shall be notified in sufficient time to enable the PIO to publicly announce a traffic checkpoint at least 24 hours prior to the event. 3 Scope: Sworn Department Members\n\n--- Page 4 ---\n\nD. Approval: Prior to the execution of a traffic checkpoint, it is recommended that the operations plan be reviewed by the Traffic Unit Commander before being submitted to the Operations Bureau commander or designee for final approval. If the plan deviates from the provisions of this Order, the Operations Bureau commander or designee should contact the Legal Advisor and the State Attorney to ensure that the proposed activities are lawful. E. Supervision: If a checkpoint is approved, a supervisor shall be assigned to organize and supervise the traffic checkpoint operation. F. Outside Agency Participation: Other law enforcement agencies wishing to participate may do so with the approval of the Operations Bureau commander. Any agency participating in a Department traffic checkpoint must comply with all Department policies regarding traffic checkpoints. G. After Action Report: The supervisor in charge of the operation shall submit an After Action-Report to the Operations Bureau commander no later than 10 working days after the traffic checkpoint. ____________________________ By Order of Signed Original on File in the Accreditation Unit ____________________________ Tony R. Jones Chief of Police 4 Scope: Sworn Department Members

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