Safe and legal traffic stops 2014
Transcript of Safe and legal traffic stops 2014
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Identify the important benefits of traffic enforcement
Define discriminatory profiling
Discus the real and perceived problems faced by minorities affected by discriminatory profiling
Identify officer behavior to reduce tension
Demonstrate proper characteristics of a professional traffic stop
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Unequal treatment of any person including stopping,
questioning, searching, detention, or arrest solely on primarily on the basis of their racial or ethnic characteristics, religion, gender, sexual orientation or socio-economic status
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Voluntary
Need not have reasonable suspicion
Subject free to leave and not answer any questions
May progress into a “Stop”
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Must have well founded suspicion not gut feeling or hunch
May involve frisk if warranted
Goal: Find identity or learn circumstances surrounding persons identity
Duration and location
Arrest or Release
Frisk – Scope and Purpose
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Persons who officer has a reasonable suspicion are involved in a crime
Factors to be considered: ◦ Time of day ◦ Day of week ◦ Location ◦ Physical appearance of subject ◦ Appearance and manner of operation of vehicle involved ◦ Anything unusual based on the officer’s
experience/training
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Presence in a “high crime” area” coupled with unprovoked flight at the presence of law enforcement constitutes reasonable suspicion to justify a police stop
Not a mere refusal to cooperate
High crime area must be backed up by statistics
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Arrest
Must be based on probable cause
Does not occur unless person is in actual custody, subdued by an officer, or submits to the officers authority
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Berkemer v McCarty - Miranda warnings are not necessary for general, on-the-scene questioning where the person is not under arrest
Popple v State – A bad traffic stop may lead to the suppression of all evidence observed, seized or derived from the stop
Terry v Ohio – If police officer stops a suspect on the street due to a reasonable suspicion the person has committed, is committing, or is about to commit a crime and feels the suspect is a danger to his safety a frisk can be performed to quell the officers anxiety
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Wilson v State – Stop and frisk can’t be the officers “Regular Practice”. Officer must be able to verbalize factual basis of threat or fear for his safety
Whren v US – Court held officer’s motives can’t be questioned if probable cause for a stop has presented itself
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Traffic stops are an effective way for law enforcement officers to serve and protect.
Effective traffic stops will impact violent crime, illegal drugs, and traffic crashes ◦ Traffic crashes are the leading cause of death for young
people ages 15-24 ◦ Fatal crash occurs every 13 minutes in the US
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Visible traffic enforcement has a symbolic effect
Police visibility provides the driving public with a sense of “Police are on the job”
Criminals shy away from areas with active traffic patrol
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Car thefts/Car-jacking
Wanted persons and escaped prisoners
DWLS/NVDL-Reduces dangerous drivers
Abused/Kidnapped/Runaway Children
Illegal Weapons
Drunken drivers
Criminals fleeing scenes
Uninsured motorists
More serious crimes (i.e. Ted Bundy)
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4th Amendment Reasonable Expectation of Privacy
◦ Everyone within borders is entitled to walk and drive and move throughout public places free of police interference as long as they obey the law
◦ “Right to be left alone” includes innocent citizens protected by criminals . (Traffic stops/FIRS)
◦ Race/Ethnicity is not a basis for focusing suspicion
◦ NOT illegal for an officer to focus attention on a person of a particular race if the officer has specific suspect information
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Minority residents frequently feel that they have been singled out by the police for unequal treatment. ◦ Sourcebook of Criminal Justice shows 59.9% of whites in
the U.S. say they have a lot of confidence in the police officers who serve them while only 44.1% of blacks and 53.3% of Hispanics feel the same.
◦ Michigan State poll indicated African American drivers were 2.36 times more likely than whites to be ticketed though they were pulled over at nearly the same rate.
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Great Sources reasonable suspicion
Whren v US
Remember!!! – It is legal to use a traffic violation as a pretext to stop someone you suspect of illegal behavior but it is clearly wrong, both legally and ethically, to stop someone of a particular race, ethnicity, sex, or sexual orientation for a traffic violation that you would not stop anyone else for!!!
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Must have reasonable suspicion to stop a vehicle and be able to articulate the suspicion:
Must be able to support suspicion a person: ◦ Is committing a crime ◦ Is about to commit a crime ◦ Has committed a crime
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Portray Professionalism ◦ Control the look of your face/tone of your voice/body
position/gestures/words
◦ Avoid authoritarian approach to begin with: Try a friendly approach
◦ Allow person to talk to begin the flow of communication-regardless of language
◦ Remember Miranda not always necessary
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Eliminate racial jokes/stereotypes at all times! ◦ Law concedes inevitable part of human condition to feel
prejudice
◦ Recognizes it is both legally and morally wrong to act out of such prejudices
Deal with Offender Respectfully
Listen ◦ Resist dictating conversation
◦ Hone listening skills and ensure the offender can tell you are listening
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Whether dealing with minorities or white citizens, it’s not the traffic stop; it’s the conduct behind the stop that makes the difference between building a bridge to the community and putting a hole in that bridge!
Citizens will form their opinion of you, your department, and officers in general from that one stop, and broadcast them widely
The final precipitating event in nearly every serious race riot in the US was a traffic stop in a minority neighborhood
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Don’t talk down to people or treat them in a demeaning way
Take your time
Show respect
Listen and explain, patiently
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THE BEST VERBAL APPROACH TO MINIMIZE CONFLICT
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1. Give a greeting
2. Introduce yourself cordially
3. Tell the person a reason for the stop. What you observed.
4. Invite the drive to provide an excuse
5. Politely ask for paperwork
6. Take paper w/non gun hand and thank the driver-ascertain other infractions
7. Excuse yourself-instruct action
8. Document (cite/ww)
9. Consider road, whether, driving record
10. Avoid Attitude Ticket
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11. Be cognizant of escalation of danger
12. Explain action taken to driver
13. If necessary advise complaint process and tell your supervisor
14. Allow person to calm down if upset
15. Return documentation
16. Appropriate closing
17. Assist the driver re-entering the roadway
18. Your actions will result in drivers
opinion!!!
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"It has been reported that some police officers stop motorists of certain racial or ethnic groups
because the officers believe that these groups are more likely than others to commit certain types
of crimes. Do you believe that this practice, known as racial profiling, "is widespread, or not?" not
All Blacks Whites
Is Widespread 59% 77% 56%
Is NOT Widespread 34% 16% 38%
Don't Know/Refused 7% 7% 6%
All Blacks Whites
Approve 14% 9% 15%
Disapprove 81% 87% 80%
Don't Know/Refused 5% 4% 5%
All Blacks Whites
Yes 11% 42% 6%
No 89% 57% 94%
Don't Know/Refused 0 1% 0
background?"
"Do you Approve or Disapprove of the use of "racial profiling" by police?
"Have you ever felt that you were stopped by the police just because of your race or ethnic