Police Department Policy

301392

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: December 5, 2014  Amends - GO 6.1.0 (March 23, 2012) Number: 6.1.0 Distribution: All Personnel Review Month: March Reviewing Authority: SOD / Traffic Subject: Driver License And Vehicle Inspection Checkpoints This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of this policy is to enhance traffic safety for the citizens and visitors of Orange County. 2. Policy It is the policy of the Orange County Sheriff’s Office to effectively enforce driver license, vehicle equipment safety and motor vehicle laws in a consistent and safe manner. 3. Procedures A. Authorization All checkpoints will be approved in advance by a supervisor of the rank of Lieutenant or above. The authorizing supervisor shall read and approve the incident action plan for the checkpoint prior to the operation. B. Public Notification The public will be notified a minimum of 24 hours in advance of a DUI and sobriety compli ance checkpoint. All other types of checkpoints do not require advanced notification to the public. The public notification for a DUI and sobriety compliance checkpoint will give the date of the checkpoint. Notification will be made by a press release the local news media groups including, but not limited to, newspaper, radio and television. C. Incident Action Plan 1. A written incident action plan will be developed for each checkpoint in accordance with GO 6.2.28 . This plan will be completed and submitted to the authorizing supervisor no less than 24hours prior to the operation. The incident action plan will contain at a minimum the following information. a. Purpose b. Objectives c. Time L ine d. Specific Job Assignments e. Job Descriptions f. Staffing Allocation g. Contingency plan 6.1.0 , Page 2 of 6 h. Placement of lighting, visual signals and/or signs i. Vehicle selection procedure 2. Written incident action plans for DUI and sobriety compliance checkpoints will also include: a. FDOT checkpoint schematic and layout b. Traffic volume study 3. Each incident action plan will specify the techniques to be used (i.e., driver license inspection, registration inspection, vehicle equipment inspection, motorist insurance inspecti on, DUI and sobriety compliance inspection, or a combination thereof). The purpose and procedures of the checkpoint will be uniformly applied during the checkpoint operation. 4. Assigned deputies do not have authority to change the incident action plan. Only the checkpoint supervisor may adjust the incident action plan, and his or her discretion to do so is limited to changes necessitated by traffic congestion or exigent or dangerous conditions. The checkpoint supervisor shall document the reason(s) for any adjustments in the After Action Report. D. Motor Vehicle Checkpoints 1. Checkpoints may be conducted at any time provided weather and/or road conditions will not obstruct the visibility of the deputies or motorist. Deputies must use visual signs and/ or signals to advise oncoming motorists about checkpoints. Deputies participating in a checkpoint must wear clothing that clearly identifies them as law enforcement officers to oncoming motorists. Any checkpoints conducted after daylight hours must provid e adequate lighting for the purposes of officer safety, general visibility and to advise oncoming motorists about the checkpoints. 2. A designated supervisor with the rank of corporal or above shall be present during each checkpoint. The designated check point supervisor shall determine if a driver license or vehicle inspection checkpoint will be conducted, taking into consideration the traffic present and resulting delay to motorists which would result from the checkpoint. The supervisor shall also be res ponsible for confirming that checkpoint procedures and the incident action plan are followed by all members present. 3. Vehicle stops will result in the minimum delay required to accomplish the checkpoints objective. 4. Deputies conducting Driver License Checkpoints shall request from the driver his/her driver license , insurance and vehicle registration. Violations will be enforced pursuant to Florida law and agency policy. 5. Deputies conducting Vehicle Inspection Checkpoints shall request the driver license and vehicle registration from each driver. Deputies shall request proof of personal injury protection (PIP) insurance if the driver is also the owner of the vehicle. Deputies shall inspect the following equipment on each vehicle for violations of FS Chapter 316. 6.1.0 , Page 3 of 6 a. Horn b. Windshield Wipers c. Tail Lamps d. Directional sign als (Required on all vehicles manufactured after January 1, 1972). e. Stop lights (One on each side required on all vehicles manufactured after January 1, 1972). f. Tires g. Exhaust System h. Other readily visible equipment (i.e. windshield, bumpers, etc. ) 6. Deputies shall conduct either a Driver License Checkpoint pursuant to section D -4 above, or a Vehicle Inspection Checkpoint pursuant to section D - 5 above. The purpose and procedures of the specific checkpoint must be consistently applied to all vehi cles being detained. Deputies may conduct a DUI and sobriety compliance checkpoint in combination with a Driver License Checkpoint or Vehicle Inspection Checkpoint, provided the purpose and procedures of the checkpoint are consistently applied to all vehic les being detained

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