Policy Text
San Francisco Police Department 9.07
GENERAL ORDER 03/ 07/24
Eff. 07/ 17/24
Page 1 of 5
RESTRICTING THE USE OF PRETEXT STOPS
9.07.01 PURPOSE
The San Francisco Police Department’s traffic enforcement efforts shall focus on ensuring the safety of our sidewalks and roadways. To that end, the goal of this General Order is to curtail the practice of stopping vehicles for low -level traffic offenses as a pretext to investigate hunches that
do not amount to reasonable suspicion that a crime occurred. P retext stops are disproportionately
carried out against people of color and return negligible public safety benefits. The fiscal,
human, and societal cost s they impose on our City are unjustified in light of more effective
public safety tools at the Department’s disposal .
Reducing the number of stops made for low -level offenses will allow the Department to redirect
resources and time to more effective public safety strategies , including prioritizing traffic safety
to reduce injuries and fatalities, while also helping to fulfill its obligation to accord every person equal treatment under the law. While this Department General Order ( DGO ) deprioritizes stops for nine categories of low -level
offenses (DGO 9.07.04(A)), it still leaves open multiple avenues for enforcement. For example, members may still issue citations to parked cars for any applicable offense. DGO 9.07.04( A).
And while the deprioritized offenses may not be the sole reason for initiating a stop, members may issue a citation for any observed violation—including for any of the deprioritized offenses —in the course of making a stop for any non- deprioritized offen se. DGO 9.07.4.(B )(1).
For example, if a member makes a stop for speeding —which is not among the deprioritized
offenses —the member may issue a citation for expired registration, which is a deprioritized
offense. Likewise, if a member makes a stop for a criminal offense, such as burglary, the
member may issue a citation for any observed violation, regardless of whether the violation is being deprioritized. Finally, this policy does not alter members’ ability to ma ke stops for any
offense that is not among the nine categories of low -level offenses being deprioritized: This
includes all other violations of the California Vehicle Code , the San Francisco Police Code, and
San Francisco Transportation Code, as well as any criminal offenses.
9.07.02 DEFINITIONS
A. Pretext Stop - A pretext stop occurs when a member conducts a traffic stop as a pretext
to investigate whether the person stopped is engaged in criminal activity unrelated to the traffic violation .
B. Biased Stop - A stop in which a member inappropriately considers characteristics such as
race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, socio- economic status, age, cultural group, or disability , in deciding whether
to initiate a stop. ( See DGO 5.17 § II.B.).
DGO 9.07
03/07/24
Eff. 07/ 17/24
Page 2 of 5
C. Reasonable Suspicion - A set of specific and articulable facts and circumstances that
would lead a reasonable person to believe that a crime has occurred , is occurring, or is
about to occur and the person to be stopped is involved in the crime. Reasonable
suspicion cannot be based solely on a hunch or instinct. (See DGO 5. 03.02( D)).
D. Probable Cause - A set of specific facts that would lead a reasonable person to
objectively believe and strongly suspect that a person committed a crime. (See DGO
5.03.02(G) ).
E. Investigatory Question - A question or statement that is intended to e licit, or is
reasonably likely to e licit, information relevant to a criminal investigation or criminal
activity. Whether a question or statement is investigatory will depend on the specific facts
and circumstances of each case. Examples. Questions such as “where are you coming
from?” or “where are you going?” are generally investigatory. Conversely , asking “how
is your day going?” is not investigatory.
F. Criminal Offense - Any misdemeanor or felony.
G. Hunch – An Inkling, feeling suspicion, or guess based on intuition or speculation rather than articulable facts.
9.07.03 POLICY
A. Pretext Stops Restricted - Pretext stops produce little if any public safety benefits , while
imposing substantial fiscal and societal costs . They may only be used in a manner that is
consistent with this policy.
B. Biased Stops Banned - Biased stops are illegal, unconstitutional, and contrary to the
Department ’s values . They are banned under all circumstances. (See DGO 5.17).
C. Stops Based on Reasonable Suspicion or Probable Cause - Except for those specified
violations listed in 9.07.04(A), nothing in this DGO prevents members from initiating a
stop for a ny infraction or criminal offense based on reasonable suspicion or probable
cause. ( See DGO 5.03).
9.07.04 DEPRIORITIZING STOPS FOR LOW- LEVEL OFFENSES
A. Except as provided in 9.07.0 4(B), a member shall not stop or detain the operator of a
motor vehicle solely based