172 TRAFFIC STOPS

POLICY 172.0TRAFFIC STOPS REVISED: 11/2011 RELATED POLICIES: Reviewed by Chief David Magnusson 5/2019 A.POLICY It is the policy of the El Portal Police Department to conduct traffic stops in as safe a manner as possible for the benefit of officers and citizens. B.ROUTINE TRAFFIC STOPS 1.Because of the Computer Aided Dispatch System, when officers initiate traffic stops, they must give the Dispatcher their traffic stop information in a certain order. The location of the stop MUST be given first, followed by the tag number, and State, type of vehicle, the color of the vehicle, and then the make of the vehicle. Other important information may then be given in a random order. 2.When making a traffic stop, every effort will be made to direct the violator to a suitable stopping point where normal traffic flow will not be impeded. The use of side streets is encouraged. Private driveways, gas stations (when open for business) or other areas providing access to business establishments will not be used for traffic stops when alternate locations are available. When private property is used for a traffic stop, all possible care will be taken to avoid inconvenience to property owners or patrons. 3.Approaching the Vehicle a.The officer shall approach all traffic violators with caution as the violator or passengers may be, unknowingly to the officer, dangerous individuals. The officer should position the police unit behind the violator's vehicle, at a minimum of 21 feet, offset to the left to provide cover and to place the police unit between the officer and any traffic that may be approaching from the rear. The officer should keep visual contact with the driver and any occupants of the vehicle as he approaches and be ready to take evasive action if threatened. When approaching the violator some considerations are: (1).The number of occupants. (2).The behavior of the occupants. (3).The type of vehicle. (4).The nature of the violation and the surrounding area. Page 1 of 4 b.As the officer nears the rear of the violator's vehicle, he should make a visual inspection of any area where someone could hide, i.e. back seat, truck bed. After ascertaining that is secreted in the vehicle, the officer should position himself slightly to the rear of the driver's door to prevent the driver from having a line of sight of the officer or possibly opening the driver's door striking the officer. c.Another recommended safe approach is to proceed to the violator's vehicle on the passenger side. This technique provides the officer with the following: (1).Disrupts the violator's attention, operators are conditioned for the approach on the driver’s side. (2).Removes the officer from the primary threat of passing traffic. (3).Allows the officer to have unobstructed view into the glove box and center console without losing sight of the violator's hands. 4.Making contact with the violator: Upon making contact with the violator, officers should first request that the violator produce a driver's license, vehicle registration, and proof of insurance. Upon receipt of these items the officer should explain to the violator the reason for the stop and the action the officer is taking. Under most circumstances the violator should remain in the vehicle. Under no circumstances should the violator be allowed to sit in the front seat of the police vehicle while the officer completes the traffic citation. 5.The officer should take a position where potential cover or concealment is available and constant visual contact with the violator is allowed. The officer should refrain from completing any paperwork from within the police vehicle. 6.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. In this regard, the following is recommended in the order specified below: a.Give a greeting. b.Identify yourself. c.State the reason why the person is being stopped or detained. d.Professionally ask for identification and any required documents. e.After completing any necessary paperwork, officers should inform the driver or pedestrian what action is being taken and what, if any, the person must do as a result, such as how to pay any fine involved, obtain a traffic court hearing, etc. Page 2 of 4 f.No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. No person or vehicle shall be searched in the absence of a warrant or a legally recognized exception to the warrant requirement, which includes a person's voluntary consent. g.If the officer determines that the reasonable suspicion for the stop was unfounded the officer shall offer an explanation as to why he/she was stopped. 7.Members in plain clothes and detectives shall not routinely make traffic stops, unless traffic enforcement is part of their assignment or the actions of the violator are a clear danger to pedestrian or vehicular traffic and no uniformed unit is readily available. a.Plainclothes officers will display their police