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Slide 29 Case Law While You Have Reasonable Suspicion for a Stop

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Slide 29 Case Law While You Have Reasonable Suspicion for a Stop Slide 29 Case Law While you have reasonable suspicion for a stop, you will still have to build your DDI case. In the absence of any "bad" driving, the evidence of DUI will be thin, particularly ifBlow exercises his right to refuse chemical testing. Make sure you ask about and accurately document any statements about whether the defendant has been drinking, where his is coming from, what he has been doing, etc. Ordinarily you can ask these questions without giving Miranda warnings provided you ask them before you make an arrest. Pennsylvania v. Bruder, 109 S.Ct. 205 (1988); Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984). Also make sure to document all available indicators that Blow was intoxicated (bloodshot eyes, slurred speech, odor of an alcoholic beverage, alcohol containers in vehicle, slow reflexes, etc.) Slide 30 Case Law Q. Same facts as the last question, but the driver is NOT Joe Blow, and is not intoxicated. The driver also did not commit any other traffic violations. Can I stop the car and check the driver's license, registration and insurance information? Can I interrogate the driver about Joe Blow? What limits are there on this kind ofstop? Slide 31 Case Law A. The answer in this scenario is not quite as clear as the last one, but the case law suggests you can make the stop, check the driver's information and ask brief, limited questio ns about the driver's knowledge of, or relationship to, Joe Blow and about the driver's legal right to operate the vehicle. Past Criminal activity (which results in the issuance of a warrant) can be a basis for a stop. State v. Steen, _ Kan. App. 2d _, 13 P.3d 922 (No. 83,673, filed 12/1/2000). Because officers appear to get the benefit of a presumption that a registered owner with a warrant is driving a car, there is a sufficient basis for stopping the vehicle. Slide 32 Case Law In State v. Mitchell, 265 Kan. 238, 960 P.2d 200 (1998), the court said: "A law enforcement officer conducting a routine traffic stop may request a dri ver's license and vehicle registration, run a computer check, and issue a citation. When the driver has produced a valid license and proof that he or She is entitled to operate the car; th e driver must be allowed to proceed on his or her way, without being subject to further delay by the officer for additional questioning." However, if th e stop exceeds the scope and duration of a r easonable traffic stop and proceeds into an interrogation about drugs or other crimes for which the officer has no reasonable suspicion, the detention becomes illegal and any evidence obtained will be suppressed. State v. DeMarco, 263 Kan. 727, 952 P.2d 1256 (1998). - 10230 - 9 Slide 33 Case Law During a traffic stop, the officer can also ask if there are any weapons in the vehicle, United States v. Holt, 229 F.3d 931 (lOth Cir. 2000) , vacated on rehea ring en bane 264 F.3d 1215 (10th Cir. 2001), but interrogation about anything other than the original purpose of the stop or weapons is prohibited unless the officer has reasonable suspicion the driver is, was or about to engage in criminal activity. Slide 34 Case Law Q. Can a police officer use a MDT to discover personal information about a vehicle owner prior to stopping a car? Slide 35 Case Law A. No, according to the New Jersey Supreme Court. Officers may only conduct a limited inquiry to see if the vehicle is stolen , registered properly and if the owne r's license has been revoked. If responses disclose a basis for further action, only then may the officer use the computer to search for personal information about the registered owner, including their na me, address, social security number and criminal history. State v. Donis, 157 N.J. 44, 55, 723 A.2d 35 (1998). The court balanced the vital and compelling state interest in maintaining highway safety by ensuring that only qualified drivers ope rate motor vehicles, against the privacy rights of licensed drivers as recognized by the federal Driver's Privacy Protection Act. T he cou rt upheld the use of random checks, provided the information returned to the officer was limited to stolen or validly registered vehicles and owner license status. Slide 36 Case Law Q. What if I run a tag and the MDT shows the car is stolen or the tag is not registered to the vehicle. I stop the car, search it, and find drugs. It turns out the car was not stolen or improperly registered, but a clerical error resulted in it showing up that way. Will the evidence be suppressed? Slide 37 Case Law A. No. Provided that the officer had a good faith belief in the information, and that information established an exception to the warrant requirement. Of course, the officer can always ask for consent as well. See Arizona v. Evans, 514 U.S. I, 131 L.Ed.2d 34, 115 S.C!. I 185 (1995) (court clerk 's error in failing to delete an expired warrant should not defeat an officer's good faith in relying on the mistaken information). - 10231 - 10 Slide 38 Case Law Q. I am following a car. The tag bears a current registration sticker, but a mobile data computer check shows the tag is expired. Can I stop the car and ask the owner about his registration? Slide39 Case Law A. Yes. A discrepancy in what shows on the tag and what shows in the computer can mean: (1) the registration sticker is stolen; (2) the state computer contains old or erroneous information; or (3) the vehicle owner inadvertently applied the sticker to the wrong vehicle. Situations 1 and 3 both result in illegal acts (illegal or expired tags) and situation 2 is a clerical error. In any event, the discrepancy is reasonable suspicion to stop the driver to further inquire. Slide 40 Case Law See Evans, 514 U.S. at 15-16 (officer entitled to arrest on what appeared to be a valid warrant where court clerk erroneously failed to purge the warrant); City ofManhattan v. Larson, 26 Kan. App.2d 851,994 P.2d 1087 (2000) (what appeared to be an expired registration sticker supported a stop, even though tag was legal due to a statutory grace period). But see Minnesota v. Lincoln, 2002 WL 171691 (Minn.App .) (unpublished) (where there are two plausible explanations , including the state computer system not being updated, there must be an additional reason to stop the car). Slide 41 History of LPR's in EPPD The first LPR was acquired by the El Paso Police Department Auto Theft Task Force in 2007. The first LPR had two fixed cameras mounted on top ofa marked police unit. The cameras were facing forward on the right and one on the left. Slide 42 Operating the LPR Slide 43 Operating Procedures Start the vehicle Tum on the computer It will automatically logon Slide 44 Picture of Patroller Mobile Client Application Slide 45 Operating Procedures Wait for the computer to fully logon. A picture ofthe hotlists being loaded. - 10232 - 11 Slide 47 Move Camera Adiustment by doub le clicking the top and dragging. Slide 48 Camera Adju stment out of the way. Slide 49 Operating Procedures To choose a camera angle click on middle Slide 50 Operating Procedures Choose a camera angle - 10233 - 12 Slide 51 Camera angles Front Slide 54 Left forward Slide 55 Left Alley ~l~~f. ~~i~;tn1~fY}i;~I'~( rs Slide 56 - 10234 - 13 Slide 57 Operate FUR Minimize screen Slide 58 Operate FUR Open Client Software-40 Slide 59 FUR Slide 60 Double Click on screen to maxi mize size. - 10235 - 14 Slide 61 Options Slide 62 Options Slide 63 Review Reads """"....."""'....,- Slide 64 Options Slide 65 Search Plates - 10236 - 15 Slide 69 GPS Map - 10237 - 16 Slide 70 GPS Map Slide 71 Stolen Vehicle Hit Slide 72 Stolen Vehicle Hit Camera will freeze on the hit to display it Verify plate number and State Run through NCIC/TCIC, ifpossible before making contact Obtain confirmation Send information to ATTF or contact them if needed Slide 73 Stolen Vehicle Hit Slide 74 Disposition - 10238 - 17 Slide 76 Questions? Slide 77 Contact Information Sgt. Robert Gomez #1884 Office 915-298-9600 Cel l~ E mai ~ [email protected] Officer Rafael Moreno #2423 Offic~ Cell"-,,, Email PDLPR [email protected] - 10239 - 18 Mobile License Plate Reader Presented by: Officer Rafael Moreno #2423 • ~, ' .. __ ,,, _ _, _ ,' __"' II:!;i"~~~ ...". ~r;w.;~"'""'''''''''''''''''';~~'-'''".'''''''''_~'~ ~''''''''lPioII=lOl\ 'W"_''~ if=I... , .. ~~~",,,,,_ _._.~_~~~l'A'f>ilI"ll"~'''',,."=~' ~J.• ';~:.~ 11~ o ~~~ II ; • lI:tJO10 .jh (i.\illid!;/i!Iii1!iJli1·""!t ' ; . 111 "':SiI~~ - 10240 - - 10241 - Important Do Not Run Car Through Carwash Hand Wash ONLY!II!II Do Not Point the Camera (FLIR) At the Sunllll Do Not Remove or Switch the Vehicle Air Card!!!! - 10242 - Objectives The Participant will be able to: • Identify terms associated with the LPR's • Identify components of the LPR's • Identify the capabilities of the LPRs • Operate of the License Plate Reader ' • List the operator's responsibilities S?~_ , ~"!" '_ , ~ I: II~_,.<" W~, , • • ~_'. ' " . •.. , .. .. _ . ._ _ , , '._ .•. , ' .. ' . ~" fY?"\1I " , ~~ l ESI FOUO _ El PASOPOLICEOEPARTMENT -TRAI NINGACAOEMY 1 ~tl' , - 10243 - Definitions • DEFINITIONS • LPR: License Plate Reader is a tool and is to be used in addition to reasonable suspicion and/or probable cause • Read: digital images of license plates and vehicles and associated metadata (e.g., date, time, and geographic coordinates associated with the vehicle image capture) that are captured by the LPR system.
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