63720332.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G - 48 GENERAL ORDER RESCINDS: SUBJECT: Biased Policing EFFECTIVE: July 9, 2001 REVISED: March 4, 2025 Table of Contents: I. Purpose II. Scope III. General IV. Definitions V. Traffic Stops VI. Complaints VII. Annual Administrative Review I. PURPOSE: In order to protect the dignity of all persons, biased policing by Sheriff’s Office personnel is totally unacceptable and is considered prohibited conduct. II. SCOPE: A. Sheriff’s Office objectives include protecting the public by enforcing the law in a fair and impartial manner, recognizing both the statutory and judicial limitations of authority, while protecting the rights of all persons. To this end, enforcement action, including, but not limited to traffic stops, field contacts (stop and frisk), arrests, searches and seizures, the application of force, and asset seizure and forfeiture efforts shall be based solely on law and articulable facts and not on any other characteristics outlined in the biased policing definition below. B. It is Sheriff’s Office policy to patrol communities in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce the motor vehicle laws, while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or are about to commit an infraction or crime. C. The deliberate recording of any misleading information related to actual or perceived biased policing of a person stopped for investigative or enforcement purposes is prohibited, and is cause for disciplinary action up to and including termination. D. Violations of this policy shall result in remedial training and/or disciplinary action as set forth in Sheriff’s Office General Orders. E. In the absence of a complaint containing a physical description, biased policing shall not be considered in determining probable cause for an arrest or reasonable suspicion for a stop. GENERAL ORDER Biased Policing GO # 48 PAGE 1 OF 4\n\n--- Page 2 ---\n\nIII. GENERAL: A. Nothing in this policy is intended to prevent or discourage members from making non-enforcement contact with citizens in accordance with the philosophies of Seminole Neighborhood Policing. B. It is the responsibility of all Sheriff’s Office personnel to assist in the achievement of crime prevention and community relations objectives and functions. The Sheriff’s Office recognizes that a public commitment of assistance to law enforcement is vital. A mainstay of gathering and retaining this support is agency effort, outreach, and sincerity in promoting community relations and crime prevention programs and functions. The Sheriff’s Office shall, through its Public Information Section and other community outreach functions, keep the public aware of agency education and awareness efforts. IV. DEFINITIONS: A. Biased Policing: The selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics. B. Probable Cause: Facts and circumstances sufficient in themselves to cause a person of reasonable caution to believe an offense has been or is being committed. C. Reasonable Suspicion: Suspicion based upon objective facts and circumstances that a person has committed, is committing, or is about to commit a violation of the criminal laws or ordinances. V. TRAFFIC STOPS: A. The purpose of traffic stops is to prevent crashes, and to bring violations to the attention of drivers so as to have a positive influence on their driving habits. B. Appropriate enforcement action should always be completed in the form of a warning, citation, or arrest. If applicable, appropriate forms must be completed and will include the gender, race or ethnicity of the person stopped (if this information can reasonably be ascertained by physical appearance or from the driver license or other documents provided by the individual). NOTE: Verbal warnings are not permitted. All warnings must be in written form using the approved traffic courtesy form. C. Documenting traffic stops with video/audio recordings is immeasurable in demonstrating the integrity of a deputy's conduct, and provides a record of violations that may lead to successful prosecution of court cases. NOTE: If so equipped, deputies will use their in-car video cameras and body-worn cameras to record (including audio) all traffic stops and street encounters. D. Deputies will conduct themselves in a courteous manner and will not intentionally humiliate, embarrass or harass citizens. In addition, deputies will: 1. Be reasonably certain the vehicle they stop has committed the violation, GENERAL ORDER Biased Policing GO # 48 PAGE 2 OF 4\n\n--- Page 3 ---\n\n2. Present a professional image by proper dress, grooming, and language, 3. Maintain a professional attitude throughout the stop, 4. As soon as possible, greet the driver in a courteous manner, identify yourself, and promptly explain the reason for the stop before requesting (not demanding) the operator's license, registration, and proof of insurance, 5. Observe the driver for signs of physical impairment or emotional distress, 6. Explain any citation to the driver and provide the following information: a. If it is a criminal/non-criminal, moving/non-moving violation, b. If the citation may be paid by mail or if it requires a court appearance, c. The fine amount and if the fine may be paid by mail (if payable by mail provide the driver with a pre-addressed envelope to the Traffic Violations Bureau), d. Court appearance information or schedule (if appropriate), e. The appeal process available through the Traffic Violations Bureau, and, f. The potential availability of Driver Improvement School (through the Traffic Violations Bureau). 7. Conduct the traffic stop as expeditiously as possible. E. 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 1. In each case where a search is conducted, this information shall be documented, including the legal basis for the search, and its results. 2. Consent searches should only be conducted with written consent. If the person indicates they will consent to a search but refuse to sign a Consent Form, deputies will complete the form and print “consented to search but refused to sign” (or similar language). Deputies will initial the form and, if possible, obtain the name and signature of any witnesses. F. Supervisors shall periodically review a sampling of in-car video/audio recordings, body-worn camera recordings, MCT transmissions, and reports filed on traffic stops by deputies under their command, and will respond at random as assist units on vehicle stops. They shall take appropriate action whenever it appears that this policy is being violated, being particularly alert to any pattern or practice of possible discriminatory treatment. VI. COMPLAINTS: A. Any person may file a complaint with the Sheriff’s Office if they feel they have been stopped or searched because of biased policing. No such person shall be discouraged, intimidated, or coerced from filing a complaint, or discriminated against because they have done so. GENERAL ORDER Biased Policing GO # 48 PAGE 3 OF 4\n\n--- Page 4 ---\n\nB. Complaints of biased policing are processed according to the procedures in the General Order Conduct Investigations. NOTE: The General Order Conduct Investigations allows the resolution of some complaints at the initial