Policy Text
B. Traffic Law Enforcement Objectives: The objectives of traffic law enforcement are to
reduce traffic crashes and injuries and to facilitate safe and expeditious flow of vehicular
and pedestrian traffic through voluntary compliance with traffic regulations. The
Department seeks to achieve these objectives through a combination of education and
enforcement.
C. Traffic Law Enforcement: Traffic enforcement is one of many tasks performed by
officers, but for violators it is frequently an emotionally charged experience. In many cases,
this is the only contact that a person has with the police. Officers should strive to make
each contact educational and to leave the violator with the impression that the officer has
performed a necessary task in a professional manner.
Enforcement action shall be taken when violations of state traffic laws are observed.
Officers may use discretion when appropriate. The responsibility for enforcing traffic laws
and regulations is shared by all sworn personnel. Officers shall be notified of newly enacted
laws or regulations via Legal Notes and Legal Bulletins. New laws may be enforced upon
receipt or as otherwise noted in the bulletins. Authority to issue traffic citations is contained
in F.S.S. Chapter 316. When prepared, the original will be deposited with the court. All
damaged copies or copies on which an entry was made and not issued to an alleged violator
will be returned to the Department (see FSS 316.650).
1. Hazardous and Non-Hazardous Violations
a. Hazardous violations are those which have the immediate potential for bodily injury
and property destruction; e.g., running a red light or stop sign, or careless driving.
b. Non-hazardous violations are those not likely to expose persons to injury or result
in property damage such as an equipment violation.
2. Enforcement Action Incidental to Traffic Violation: Traffic enforcement action will be
taken upon detection of an illegal and potentially hazardous act, without regard to such
factors as quantitative enforcement activities (ticket quotas), attitude, intent or excuse.
Both qualitative and quantitative emphasis are integral to the Department's traffic
enforcement program. Enforcement actions consists of a verbal warning, citation, or an
arrest.
a. Warning: The Department does not utilize a written warning citation, but officers
may accomplish the same departmental objective by issuing a verbal warning.
Officers may use their discretion when issuing verbal warnings.
b. Citation: When the violation is hazardous in nature, or when it becomes apparent
that voluntary compliance to traffic regulations may not be accomplished through
issuing a verbal warning, a traffic citation may be issued.
c. Physical Arrest: Officers may arrest violators after confirming the existence of an
active warrant, observing the effects of chemical impairment, or after determining
that a driver has committed a criminal violation.
3. Traffic Violator Contact: The Department recognizes that, with experience, individual
officers may develop individualized approaches that they find work best for them in
minimizing conflict during officer/violator contacts. Given some better approach, the
following is recommended, in the order specified below:
a. Give a greeting, such as “Good morning, ma’am, Good evening sir”, etc.
b. Identify yourself, e.g. “I am Officer Smith of the Miami Springs Police Department.
c. State the reason why the person is being stopped or detained; e.g., “I stopped you
because I saw your vehicle drive through the stop sign at that last intersection
without coming to a complete stop.” Describing the actions of the vehicle rather
than personalizing the action to the driver tends to reduce tension.
d. It may defuse tension to ask a motorist if there was some reason for the violation.
This gives them the opportunity to “have their say”, and often leads to an admission
that the driver realizes they were in violation, and precludes a defendant from
offering a different excuse at trial. If you choose not to ask but the motorist wishes
to give a reason or excuse, listen politely and give them ample opportunity to tell
their story.
e. Politely ask for identification and any required documents. e.g. “May I please see
your license, registration, and proof of insurance."
f. After completing any necessary paperwork, inform the driver or pedestrian as to
what action is being taken and what the person must do as a result, such as how to
pay a fine involved, obtain a traffic court hearing, etc.
g. Give an appropriate closing. For example, if the motorist was cooperative, “Thank
you for your cooperation” or “Please drive carefully”.
h. Unless other circumstances dictate, remain on scene until the driver is able to merge
safely back into the traffic stream.
i. Appropriate enforcement action should always be completed, generally in the form
of a warning, citation, or arrest. The proper form must be filled out by the officer.
j. No motorist, once cited or warned, shall be detained beyond the point where there
exists no reasonable suspicion of further criminal activity, and no person or vehicle
shall be searched in the absence of a warrant, a legally recognized exception to the
warrant requirement, or the person’s voluntary consent. In each case where a search
is conducted, this information shall be recorded, including the legal basis for the
search, and the results thereof. It is strongly recommended that consent searches be
conducted with written consent, using the proper Department form. If the individual
indicates that they will consent to a search but are refusing to sign the form, fill out
the form anyway and indicate “consented to search but refused to sign”, inserting
initials and the signature of any witness in the signature block.
k. In the absence of a specific, credible report containing a physical description, a
person’s race, ethnicity, gender or sexual orientation or any combination of these,
shall not be a factor in determining probable cause for an arrest or reasonable
suspicion for a stop.
4. Unknown Risk Traffic Stops: Vehicle stops pose potential risks to police personnel and
the public and must be conducted with caution and forethought. Routine traffic stops
may develop into serious confrontations or pursuit situations and officers must be
prepared to react accordingly. Officers should be cognizant of the various tactical
options available.
a. Uniformed and non-uniformed police officers are authorized to stop vehicles and
their occupants in order to enforce traffic laws, to conduct investigations, and to
stop criminal activity. Whenever possible, non-uniformed officers shall request
assistance from a uniformed officer with a marked unit prior to conducting a stop.
b. Non-uniformed officers conducting traffic stops will conspicuously display
departmental credentials to the vehicle occupants and announce that they are police
officers. All police vehicles used to conduct vehicle stops will be equipped with
operable visible and audible emergency signal devices.