Police Department Policy

go-76.pdf

Tallahassee Police Department

Policy Text
\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Traffic and Parking Enforcement CHIEF OF POLICE Signature on File Proudly Policing Since 1841 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 76 03/07/2013 04/24/2023 28 AUTHORITY/RELATED REFERENCES City of Tallahassee Ordinances, Chapter 20, Traffic and Vehicles FS Chapters 316, 318, 320, 322 General Order 6, Arrests and Alternatives to Arrest General Order 13, Traffic Enforcement Measuring Devices General Order 46, Rules of Conduct General Order 53, Impaired Driving Enforcement General Order 64, Vehicle Impounding IEA-4, Special Events Unit OSB-2, Traffic/Traffic Homicide Unit OSB-3, Community Service Technician Program PTL 21, Traffic Crash Investigations PTL 22, Fatal Traffic Crashes ACCREDITATION REFERENCES CALEA Chapter 61 CFA Chapter 18 KEY WORD INDEX Arrest Procedures Procedure II Biased Policing – Training and Review Procedure X Citation Procedures – General Procedure III Citation Procedures – Traffic Crash Procedure IV General Guidelines – Traffic Enforcement Procedure I General Guidelines – Parking Enforcement Procedure XVIII Parking Citation – Issuance Procedure XVII Parking Citation – Dismissal Procedure XXI Parking Citation – Member Responsibility Procedure XIX\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT Parking Citation – Voidance Procedure XX Referrals for Driver Reexamination Procedure XI Special Circumstances – Locations Procedure VII Special Circumstances – Persons Procedure VI Special Circumstances – Violations Procedure VIII Traffic Citation – Number Issuance Procedure XII Traffic Citation – Dismissal Procedure XV Traffic Citation – Member Responsibility Procedure XIII Traffic Citation – Voidance Procedure XIV Traffic Enforcement Practices Procedure IX Traffic Stop Procedures Appendix One Transmitting Enforcement Data to DHSMV Procedure XVI Warning Procedures Procedure V POLICY The Department shall establish uniform traffic and parking enforcement procedures to promote the safe and efficient movement of vehicle and pedestrian traffic, and members are responsible for adhering to applicable laws, statutes, ordinances, and directives during traffic and parking enforcement activity. DEFINITIONS Biased Policing: The inappropriate consideration of specified characteristics while enforcing the law or providing police services. Specified characteristics includes, but is not limited to, race, ethnic background, national origin, gender, gender identity, sexual orientation, religion, socioeconomic status, age, disability, political status, or any other legally protected characteristics. (CFA Definition) 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. (CALEA Definition) Certified Civilian: A member of the Community Service Technician Program who successfully completed CJSTC 1133 Selective Traffic Enforcement Program for Civilians. Dismissal: The act of cancelling a Florida Uniform Traffic Citation or Parking Summons after its issuance. GENERAL ORDER 76 PAGE 2 of 26 TRAFFIC AND PARKING ENFORCEMENT APRIL 24, 2023\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT Florida Uniform Traffic Citation: The official form issued or approved by the State of Florida for use by law enforcement officers to charge persons with a traffic law violation. Good Cause: The term used to designate the threshold needed for voidance or dismissal of a Florida Uniform Traffic Citation (e.g., citation printer malfunction, error on handwritten citation). High-Risk Traffic Stop: A traffic stop where officers employ extra officer safety protocols due to an increased risk based upon information known or suspected about any of the vehicle occupants (e.g., wanted for the commission of a felony, known to be armed or violent). Marked Police Vehicle: A Department vehicle outfitted with special designs or patterns indicative of a police vehicle, and equipped with emergency lights and siren. Shall: Indicates the described action is mandatory. Should: Indicates the described action is not mandatory but preferred. Traffic Stop: The lawful detention of a driver for the purpose of investigating a traffic or criminal violation or suspicious activity, generally accomplished through the use of a police vehicle’s emergency lights and, when warranted, siren. Unmarked Police Vehicle: A Department vehicle not outfitted with special designs or patterns indicative of a police vehicle, but equipped with emergency lights and a siren. Voidance: The act of cancelling a completed or partially completed Florida Uniform Traffic Citation or Parking Summons prior to its issuance, or the act of cancelling a lost or stolen citation or summons. PROCEDURES I. TRAFFIC ENFORCEMENT – GENERAL GUIDELINES A. Only sworn members and certified civilians are authorized to enforce traffic law violations. 1. A plainclothes member operating an unmarked police vehicle shall not conduct a traffic stop unless the actions of the driver are a clear danger to others and no marked police vehicle is readily available. 2. A uniformed member operating an unmarked police vehicle may GENERAL ORDER 76 PAGE 3 of 26 TRAFFIC AND PARKING ENFORCEMENT APRIL 24, 2023\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT conduct traffic stops. 3. A certified civilian may not conduct traffic stops but may: a. Issue non-criminal citations if he/she has reasonable and probable grounds to believe that a person involved in a traffic crash investigation committed an offense under Florida State Statute chapters 316, 320, or 322 in connection with that crash. b. Issue parking citations. c. Seek assistance from a sworn member if he/she has reasonable and probable grounds to believe that a person committed a criminal traffic violation. B. The detention of a vehicle passenger is lawful and authorized when the passenger is the focus of a traffic violation, is reasonably believed to have committed, be committing, or preparing to commit a criminal violation, or when other legal authority exists. C. Officers are responsible for adhering to the traffic stop procedures in Appendix One of this written directive in conducting unknown risk or high-risk traffic stops. D. Enforcement actions available to a member incidental to a non-criminal traffic law violation include the following: 1. Citation, 2. Written warning, or 3. Verbal warning. E. Enforcement actions available to a sworn member incidental to a criminal traffic law violation include the following: 1. Physical arrest, or 2. Citation issuance (except for a felony violation or a violation of FS 316.193). F. When a sworn member makes a physical arrest of a person for a criminal traffic law violation, the sworn member is responsible for the completion of a Florida Uniform Traffic Citation (UTC) for the criminal charge. GENERAL ORDER 76 PAGE 4 of 26 TRAFFIC AND PARKING ENFORCEMENT APRIL 24, 2023\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT G. Reasonable judgment and appropriate discretion are required of members in deciding the appropriate enforcement action for the person stopped for a traffic law violation, and: 1. Members should issue a UTC whenever probable cause exists that a moving, non-moving, pedestrian or bicycle infraction has occurred, 2. Members shall not take any traffic enforcement action based upon biased policing, and 3. Members have no authority to arrest a person for a moving, non- moving, pedestrian or bicycle infraction. H. In their interactions with persons during traffic stops, members shall adhere to the applicable protocols in General Order 46 (Rules of Conduct): 1. Work Standards (Procedure II), and 2. Fair and Impartial Polici

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