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SECTION: 1004 VEHICLE STOPS

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SECTION: 1004

TITLE:     VEHICLE STOPS

EFFECTIVE DATE:  February 15, 2019

 

 

PURPOSE

 

All stops, searches, and arrests are to be conducted in accordance with the rights secured or protected by the U.S. Constitution and laws of the United States and the State Of Louisiana. The requirements that apply to all stops, including pedestrian, vehicle stops, and other stops, are set forth in Contacts and Stops. The purpose of this Chapter is to set forth additional guidelines for safely conducting vehicle stops. Specific guidance on issuing traffic citations during a vehicle stop is provided in Traffic Citations.

 

DEFINITIONS

 

Authorized Emergency Vehicle--  A properly equipped vehicle, owned and operated by or for a government agency, to protect and preserve life and property for a planned or unplanned response, in accordance with state laws regulating emergency vehicles.

 

Crime Of Violence- A felony involving the infliction or threatened infliction of serious bodily injury or death.

 

Emergency Equipment- All emergency equipment available, to include red and/or blue emergency flashing lights and sirens.

 

Investigatory Stop--- The temporary involuntary detention and questioning of a person and/or vehicle and its occupants to investigate potential criminal conduct. To avoid an investigatory stop, the Deputy must have reasonable suspicion  that the individual or vehicle occupant  has engaged, is engaging or is about to engage in criminal conduct. (See Contacts and Stops)

 

Marked Police Vehicle--- An Authorized Emergency Vehicle used primarily by uniformed police deputies. It is conspicuously marked. It is equipped with emergency lighting and a siren.

 

Stop--- A brief, minimally intrusive detention of a subject, including pedestrians, bikers, and/or a vehicle and its occupants, during which a reasonable person in the subject's position would not feel free to leave, as defined in Terry v. Ohio, 392 U.S. 1 (1965). (See Contacts and Stops)

 

Unmarked Police Vehicle--- An Authorized Emergency Vehicle used primarily by plainclothes Deputies. It is not conspicuously marked and may be of any color. It is equipped with emergency lighting and a siren.

 

Vehicle Stop--- The involuntary detention of a motor vehicle and its occupants. Vehicle stops may be conducted (1) where there is probable cause to believe that the driver has committed a traffic violation or (2) where there is reasonable suspicion that a vehicle occupant has engaged, is engaging, or is about to engage in criminal conduct.

 

CONDUCTING VEHICLE STOPS

 

  1. EPSO Deputies may only conduct investigatory stops where the Deputy has reasonable suspicion that a person in the vehicle has been engaged or is engaging in the commission of a crime. Deputies may only conduct stops to enforce traffic laws when he or she has probable cause to believe the driver or occupant has committed a traffic violation.
  2. Vehicle stops pose risks to Deputies and the community and must be conducted with caution and forethought. Otherwise routine vehicle stops may develop into serious confrontations and Deputies must be prepared to react accordingly. Deputies should continually be aware of the tactical options available.
  3. All Department vehicles used to conduct vehicle stops shall be equipped with emergency equipment and operable-emergency lights and sirens.
  4. EPSO Deputies must have a functioning police radio when conducting a vehicle stop.
  5. Uniformed EPSO Deputies in marked police vehicles, are authorized to stop vehicles and their occupants in Evangeline Parish in order to:
  • (a.) Enforce traffic laws;
  • (b.) Conduct investigations; and
  • (c.) Stop criminal activity

 

 

  1. EPSO Deputies are not authorized to make vehicle stops outside of Evangeline Parish, unless the violation would be considered a felony under state law. If a vehicle stop for a felony violation is made outside of Evangeline Parish, the Deputy shall contact the law enforcement agency with jurisdiction as soon as feasible of the impending or actual stop supplying all requested information.
  2. Nothing in this Chapter shall prohibit a member from making a vehicle stop in conjunction with a vehicle pursuit which originated in Evangeline Parish and crossed into an adjacent parish, as limited by Vehicle Pursuits.
  3. During detention of an alleged violator of any provision of the motor vehicle laws, a Deputy may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity.
  4. Non-uniformed Deputies operating police vehicles ( marked or unmarked) not equipped with functioning emergency lights or sirens shall not make motor vehicle stops unless there is imminent danger of loss of life should they fail to act. In other less urgent cases that demand attention, Deputies shall contact Dispatch and request that a marked patrol vehicle perform the stop, and assist in directing the marked unit to the subject vehicle's location.
  5. Off-duty Deputies are PROHIBITED from conducting vehicle stops while operating a personal vehicle.
  6. Deputies in an unmarked vehicle or in a vehicle operating without emergency lights and siren shall not cite an individual for violation of La. R.S. 14:108.1 (flight from an officer, aggravated flight from an officer) if he/she refuses to stop their vehicle.
  7. Non-uniformed Deputies conducting vehicle stops shall conspicuously display their Department credentials to the vehicle occupants and announce that they are Police Deputies.
  8. When conducting a vehicle stop, Deputies must be cognizant of roadway, traffic, and lighting conditions.
  9. The safety of the Deputy, the occupants of the vehicle, and other roadway users is a prime concern. If the vehicle stops in an unsafe location, the Deputy shall direct the driver to more to a more suitable location by use of visual signals and/or the vehicle public address system. Under no circumstances will a Deputy allow a driver who is suspected of driving while intoxicated move his/her vehicle once it has stopped.
  10. When conducting a vehicle stop, Deputies shall advised Dispatch of his/her badge or unit number, location, and the stopped vehicle tag number prior to exiting his vehicle and approaching the subject vehicle. If the vehicle has a temporary paper tag, or no tag, the Deputy shall provide Dispatch with a description of the vehicle and its occupants.
  11. Off-duty Deputies making a vehicle stop shall advise Dispatch of his/her badge or unit number, if a permanent unit is assigned.
  12. When conducting a vehicle stop, Deputies shall use high beams, flashing overhead lights, take-down lights, flashers, or spotlights when applicable. The Deputy shall approach the violator's vehicle from behind, unless circumstances dictate a different angle of approach.
  13. When possible, Deputies will position police vehicles in such a manner to allow a "safety zone" between the Deputies' vehicle and the violator's vehicle.
  14. The decision on whether to approach the stopped vehicle on foot or to order the driver out of the vehicle shall be made by the Deputy making the stop. The Deputy should keep all tactical options available, including emergency disengagement techniques.
  15. At the conclusion of the vehicle stop, the Deputy shall remain on the scene until the stopped vehicle leaves. In situations where the vehicle becomes disabled or cannot be moved, the Deputy shall assist the driver and/or the occupants of the stopped vehicle as provided for in policy.
  16. For additional guidelines on searches of vehicles, frisks and searches incident to arrest, see Search and Seizure.