Police Department Policy

65612022 (1).pdf

Gainesville Police Department

Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Traffic Enforcement CALEA 61.1.2(a-c); 61.1.3(a-e); 61.1.4(a-d); 61.1.5 (a-i); 61.1.6(a-d); 61.1.7(a-b); 61.1.11 PROPONENT UNIT PRIOR REVISIONS Traffic Division 01/13/2009,2/29/2012, 2/26/2015, 10/24/19, 07/25/22 ATTACHMENT: NONE NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 61.1 07/22/2019 05/15/2025 14 I. PURPOSE: This Order establishes procedures for the enforcement of traffic and parking laws. II. POLICY: To protect the public, ensure safer roadways, and reduce the number of traffic crashes, as well as related injuries and fatalities, the Gainesville Police Department shall develop general procedures and specific programs for the enforcement of traffic laws III. DEFINITIONS: A. Nondescript Police Vehicles: Nondescript police vehicles are those intended to blend in with routine vehicle traffic, and which have no visible police markings. The vehicles will have emergency lights and sirens equipment to allow them to initiate a traffic stop. (Example: covert cars issued to sworn personnel). B. Unmarked Fleet Vehicle: Unmarked fleet vehicles have the same or similar body style as marked patrol cars, are a solid color, and are not conspicuously marked. They are considered emergency vehicles if equipped with emergency lights and an audible siren. (Example: DUI enforcement vehicle, lieutenant vehicles) C. Marked Fleet Vehicle: A conspicuously marked police vehicle that has blue striping, lettering and a Department seal(s). These vehicles may or may not have roof-mounted light bars. Includes all vehicles used for patrol (Dodge Charger and Ford Interceptor) and Traffic Unit motorcycles. D. Emergency Vehicles: Fleet vehicles (either marked or unmarked) equipped with emergency lights and sirens. E. Felony Traffic Stop: LEO has a strong REASON TO BELIEVE the vehicle contains a driver or passenger suspected of having committed a serious crime, especially of a nature that would lead the police to believe the suspect(s) may be armed ( i.e. armed robbery, assault w/ a weapon, or an outstanding felony warrant for the registered owner) F. Reasonable Suspicion: In justifying a particular intrusion, a police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion; facts must be judged against an objective\n\n--- Page 2 ---\n\n_______ GAINESVILLE POLICE DEPARTMENT standard of whether facts available to the officer at the moment of seizure or search would warrant a person of reasonable caution in belief that action taken was appropriate. G. Unconventional Fleet Police Vehicles: Unconventional fleet police vehicles are those that are used for specific duties that do not primarily involve traffic enforcement. These include the pickup trucks and gator cab golf cart. IV. PROCEDURE A. Traffic Enforcement Practices: The following methods may be used to enforce traffic laws: 1. Visible Traffic Patrol: Marked vehicles may be assigned to particular roadways or locations by supervisors or communications center as a result of a call for service request. Officers may also conduct traffic enforcement in their assigned sectors or districts [CALEA 61.1.6.a]. 2. Stationary Observation: Covert or overt stationary observation may be employed for the operation of radar, laser, detection of defective equipment violations, surveys, or the enforcement of specific traffic laws. [CALEA 61.1.6.b] Officers should park vehicles in a manner to minimize a roadway or visibility obstruction. 3. Traffic Checkpoints: See General Order 61.2. [CALEA 61.1.6.d] B. Selective Traffic Enforcement: As staffing permits, Operations Bureau personnel may be assigned to selective traffic enforcement activities at times and locations where hazardous or congested conditions exist. Note: Nothing in this section prohibits individual officers from performing self-initiated or ‘spot’ selective enforcement activities in their assigned beats when time permits. 1. Implementation and Assignment: An Operations Commander, designee and the Traffic Safety Team supervisor have the authority to: i.Develop and implement selective traffic enforcement plans, using whatever lawful techniques are appropriate. ii.Assign and deploy personnel and/or equipment (as determined by the analysis and evaluation) to perform selective traffic enforcement. 2. Planning and Evaluation: i. Overall Responsibility: The Traffic Unit Commander or designee shall be responsible for: a. Directing and prioritizing the Traffic Unit’s selective enforcement efforts. b. Deploying traffic enforcement personnel and/or equipment 2\n\n--- Page 3 ---\n\n_______ GAINESVILLE POLICE DEPARTMENT ii. Shift Assignment: The commander / designee overseeing or implementing a selective enforcement plan shall provide the results of the activity to the Traffic Unit Commander or designee. 3. Highway Enforcement: Domestic Highway Enforcement Programs are conducted by the Domestic Highway Enforcement Team, which is assigned to the Gainesville- Alachua County Drug Task Force. All highway enforcement details are conducted under the direction/supervision of the Domestic Highway Enforcement Team. C. Specific Traffic Violations: 1. Driving Under the Influence: See General Order 61.3, DUI Enforcement.[CALEA 61.1.5.a] 2. Driving While License Suspended or Revoked (DWLSR): If a driver has a license that is suspended or revoked, the person may be arrested or issued a criminal UTC (if a criminal violation) or cited (if a non-criminal violation). Be sure to indicate in the remarks section of the citation whether the person had knowledge of the suspension. In either case, collect the person’s driver’s license and attach it to the citation before forwarding to Records. [CALEA 61.1.5.b] 3. Driving While License Suspended or Revoked With Knowledge (See also G. O. 1.3): According to Florida State Statute, a person cannot be criminally charged with Driving While License Suspended or Revoked unless he/she was aware of the suspension / revocation or court notice was given. (Information regarding the driver being noticed is sometimes available through the teletype operator or DAVID). i. Taken into Custody: If the Driving While License Suspended or Revoked is the only criminal charge, and the person is an adult, he/she may be taken to the Department of the Jail and booked, using the white copy of the citation or a hard copy of the electronic citation as the charging document(s). An incident report shall be completed also to document the handcuffing and transport. The vehicle shall be disposed of as outlined in G.O. 84.2. If there is a ‘seize tag’ indication regarding the tag, members shall follow the procedures in G.O. 40.27. ii. Released on Recognizance: If the person is criminally cited and released on his/her own recognizance, the officer shall: a. Ensure that the vehicle registration is valid. b. Instruct the driver NOT to drive the vehicle; c. If the officer later observes the person driving the vehicle, he/she should (after verifying that the license is still suspended) physically arrest the driver. d. Assist the driver in contacting a responsible party to pick him/her up, and/or to drive the vehicle. If no one is available, or this is not a feasible option: 3\n\n--- Page 4 ---\n\n_______ GAINESVILLE POLICE DEPARTMENT e. Ensure that the vehicle is properly parked, or f. Have it towed using a wrecker of the driver’s choice, if available, or, if the driver does not have a choice of wrecker, utilize a rotation wrecker through CCC. 3. Driving While License Suspended or Revoked without Knowledge: Issue a moving citation for a Driving While License Suspended or Revoked (no knowledge) infraction and any other traffic violations, and release the person (if no other criminal charges or offenses reveal themselves). i. This citation should serve as notice to the person that his/her license has been suspended or revoked;

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