Although enforcing traffic laws is often a routine function that officers perform, all too frequently they are injured and in some cases killed in situations that initially appeared to be, even to a trained observer, a “routine” traffic stop.
Realizing that a courteous demeanor, when exhibited by a police officer during the course of a traffic stop, is of utmost importance to establishing the educational rapport that is so necessary, it is nonetheless realized that the safety of the officer is of paramount importance.
When stopping violators for any reason, officers will take all steps and precautions necessary to assure their safety and well being.
Procedure:
The following steps in stopping and approaching a traffic violator are intended to provide maximum safety for the officer, the violator, and other users of the roadway. Varying conditions regarding the engineering of particular traffic artery, the urgency to stop the violator (drinking driver), and the existing volume of traffic may dictate adjusting or altering the recommended procedure. These procedures are to be followed when possible, and are presented from the perspective that ideal conditions exist.
- The officer should be thoroughly familiar with the area, and anticipate the appropriate location to stop the violator. [Redacted].
- When the officer is positioned behind the violator to begin the stopping procedure, the officer should notify the Ramsey County Emergency Communications Center (RCECC) of the intended location of the traffic stop, the license number, and the number of occupants of the vehicle.
- The officer should signal the violator to stop. This signal should be with the Red emergency lights, hand signals, sounding the horn, and if necessary, the siren. These signals also alert other drivers of the intent of the officer, and will usually facilitate securing the right of way for the stopping maneuver.
- The violator should be signaled and directed to the right side of the roadway close to the curb, or on to the shoulder if engineering design permits.
- On multi- roadways, the officer should insure the safety of the violator during lane changes by gradually changing from lane to lane with the violator until the right side of the roadway is reached.
- Should the violator stop abruptly in the wrong lane or in another undesirable location, the violator should be promptly directed to move to a safer location.
- The violator should not be permitted to move the vehicle once it has stopped if it is suspected the driver is under the influence to the extent that driving ability is impaired.
- Once the violator has stopped in an appropriate location [redacted].
- The officer shall exit from the patrol vehicle and be continuously alert for any suspicious movement or actions on the part of the violator or other occupants in the violator’s vehicle.
- [Redacted]
- [Redacted]
- At night, the spotlight and high beams may be used for safety of the officer, but consideration to the safety of on coming traffic should also be considered.
Stopping and Approaching Violator:
In the event an officer observes a traffic violation occur in oncoming traffic, the officer will take the following action: The officer will turn around when this maneuver can be made safely and pursue the violator, stopping and approaching as usual.
High-Risk Traffic Stops:
[Redacted].
The officer will keep the suspect vehicle in view [redacted].
[Redacted]. The following procedures will be used in effecting the stop:
- The officer will plan to stop the suspect vehicle in a location which presents minimal danger to other citizens.
- [Redacted].
- The officer will signal the violator to stop, utilizing all emergency equipment to warn other traffic.
- [Redacted].
- If the violator is known to be armed and dangerous, the officer will have her/his weapon easily accessible and ready for immediate use.
- When the suspect vehicle begins to stop, the officer will turn off the siren and actuate the public address system.
- [Redacted].
- At night, all lights, including spotlights, will be focused on the interior of the suspect vehicle to the disadvantage of the violator.
- The officer in command will direct each occupant to get out of the vehicle individually, according to specific directions, and into the appropriate position.
- If a public address system is not available the officer in command will give voice commands. [Redacted].
- The support officer will not give additional commands as this would tend to confuse the suspects, but the officer’s presence will be made known by commands given by the officer in charge.
- [Redacted].
Bringing Violators to Squad:
At the start of every tour of duty, the officer will inspect the secure area of the squad for any items not belonging there. Every time a person is taken out of this area re-inspect it for contraband, weapons, wallets, stolen ID, etc. It’s only under this procedure that you would be able to use any evidence discovered against that person.
When an officer decides to have the driver come to the squad if reasonable under the circumstances, a pat-down search for weapons will be conducted before the party is allowed in the squad.
Generally it is best to leave the driver in the vehicle, but the following are some situations where it’s appropriate to bring them back to the squad.
- Where the driver says s/he does not have a drivers license or other identification in possession. [Redacted].
- Where a driver has their family/friends with them, the embarrassment/stress of the traffic stop in front of the above may negatively affect the ultimate objective of the stop and these other people may interfere with your work. You want to deal only with the driver.
- In a potential arrest situation -- warrants, D.U.I., etc.
Remember, placing someone in your squad car is not reason to search them:
State v. Varnado
A defendant was stopped for driving with a cracked windshield, and when she could not produce a driver's license, she was frisked preparatory to placing her in a squad car. The pat-down for weapons yielded crack cocaine. The trial court suppressed the crack as the fruit of an illegal search, finding that the search was pre-textual and designed to conduct a warrantless search for controlled substances. The court of appeals reversed, holding the crack was seized during a valid weapons pat-down.
The Supreme Court reinstated the trial court's dismissal of the complaint, stating that "the crime for which there is probably cause to arrest must be a crime for which custodial arrest is authorized." The record here did not contain evidence supporting a belief that a custodial arrest was necessary to prevent the defendant from harming someone or to ensure she would respond to the citation, so as to comply with Minnesota Rule of Criminal Procedure 6.01, subdivision 1(1)(a), which allows custodial arrests for misdemeanors under such circumstances.
The court also denied the state's arguments on warrantless searches and the request that the court adopt "a blanket rule allowing officers to require lawfully stopped citizens to sit in the back seat of squad cars and to frisk such citizens before they enter a squad car."
If an officer decides to search someone, the officer must be able to articulate the basis for this search. (See General Order 409.08: Physical Searches)
General Rules:
- Never -- wave at a driver to come back to your squad.
- Never -- stick your head or arms inside of a stopped vehicle.
- Never -- try to grab keys through window.
- All other passengers in stopped vehicle will remain in said vehicle.
- Never -- take the traffic stop lightly. It is the most formal and official exercise of police authority that we conduct and is closely observed by every other citizen in view.
- CN/Traffic cards will be issued after every stop in accordance with General Order 204.00 Traffic, Case Number and Business Cards.
Revised July 1, 2011