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 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 . 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 ) 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 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 for which the officer has no reasonable suspicion, the 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 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 • 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.

- 10244 - Definitions cont:

o Alert: A visual and/or auditory notice that is triggered when the LPR system receives a potential "hit" on a license plate. • Hit: A read matched to a plate that has previously been registered on an agency's "hot list" of vehicle plates related to stolen vehicles, wanted vehicles, or other factors supporting investigation, or which has been manually registered by a user for

- 10245 - Definitions cont:

• further investigation. • Hot list: License plate numbers of stolen cars, vehicles owned by persons of interest, and vehicles associated with AMBER Alerts that are regularly added to "hot lists" circulated among law enforcement agencies. Hot list information can come from a variety of sources, including stolen vehicle information from

- 10246 - Definitions cont:

• the National Insurance Bureau and NCIC, as well as AMBER Alerts and Department of watch lists. Departments of motor vehicles can provide lists of expired registration tags, and law enforcement agencies can interface their own, locally compiled hot lists to the LPR system.

- 10247 - Definitions cont:

• Fixed LPR system: LPR cameras that are permanently affixed to a structure, such as a pole, a traffic barrier, or a bridge. • Mobile LPR system: LPR cameras that are affixed, either permanently (hardwired) or temporarily (e.g., magnet-mounted) to a law enforcement vehicle for mobile deployment.

- 10248 - Definitions cont:

• Portable LPR system: LPR cameras that are transportable and can be moved and deployed in a variety of venues as needed, such as traffic barrel or speed radar sign. • LPROA: LPR Database Administrator

- 10249 - LPR use in La"W Enforcement

• The use of LPR systems is restricted to public safety-related missions of this agency. o LPR systems and associated equipment and databases are authorized for official public safety purposes. Misuse of this equipment and associated databases, or data, may be subject to sanctions and/or disciplinary actions.

- 10250 - LPR use in Iaw enforcement

• LPR systems and LPR data and associated media are the property of this agency and are intended for use in conducting official business with limited exceptions noted elsewhere in this policy.

- 10251 - LPR System Usage

• LPR operation and access to LPR collected data shall be for official agency purposes only. • Only Officers who have been properly trained in the use and operational protocols of the LPR systems shall be permitted to use it.

- 10252 - LPR System Usage cont:

• At the start of each shift users must ensure that the LPR system has been updated with the most current hot llsts available. • LPR Alerts/Hits: Prior to initiation of the stop:

- 10253 - ...... PR System Usage cont:

• Visually verify that the vehicle plate number matches the plate number run by the LPR system, including both alphanumeric characters of the license plate and the state of issuance. • Develop reasonable suspicion and/or probable cause.

- 10254 - LPR System Usage cont:

• Verify the current status of the plate through dispatch or MDT query when circumstances allow. • In each case in which an alert or a hit is triggered, the user should record the disposition of the alert and the hit into the LPR system.

- 10255 - LPR System Usage cont:

• Hot lists may be updated manually if the user enters a specific plate into the LPR system and wants to be alerted when that plate is located. Whenever a plate is manually entered into the LPR system, the officer should document the reason with . notification to the LPRDA.

- 10256 - LPR System Usage cont:

• Special Details: LPR use during nontraditional deployments (e.g., special operations or during a criminal investigation) must be approved by the administrator. • Searches of historical data within the LPR system should be done in accordance with established departmental policies and procedures.

- 10257 - LPR Capabilities

•Reads numbers and letters •Does not recog nize license state o Verify the state and the exact license number •Camera might have to be aim properly •Example • Front, Alley Left, Forward left, etc.

• When possible, do not turn off the vehicle •The system will have to be rebooted again

~~~f~~.~Y,~~' ;'@, ii "l ~ , .. ~.§'u·1"a·jQ;!iIl3 .__.'.0,)i1 l !#i_ d iiBi iiiill__." ", >S,~

- 10258 - LPR Capabilities • Database is downloaded from TCIC • Stolen vehicle • Amber Alerts • Wanted subject's vehicles • Sex Offender's vehicles/even if NOT wanted

~ • ~ !If';i',m!2!!!i't §!jj '''W~~~ ~'' I:. i' '; ~ ~ :t.l lES I FOUO ,.;! ~~ i , ~ :~'-'" - 10259 - LPR Capabilities

& Verify information • wanted subject might not be the driver

• When possible, use other Probable Cause to stop vehicles

o Use common sense/LPR IS JUST A TOOL

- 10260 - Case Law

• Q. Can I run random checks on car tags without reasonable suspicion of criminal activity? • A.Yes. The state requires vehicle owners to purchase tags, place them on the back of the vehicle and make sure they are visible. The state's purpose in doing are the strong state interests in promoting highway safety,

- 10261 - • Removing unregistered vehicles and unlicensed drivers from the highways, and to deter the theft of motor vehicles. There is no expectation of privacy to the numbers displayed on a license plate, and no driver can reasonably expect that police officers will not check the validity of the registration. • City of Rocky River v. Saleh, 139 Ohio App.3d 313,327,743 N.E.2d • 944 (2000); State v. Donis, 157 N.J. 44, 54-55, 723 A.2d 35 (1998) ; State v. Parks, • 288 N.J.Super, 407, 410, 672 A.2d 742 (1996).

- 10262 - Case La\V

• Q. If I run a tag and get a response "Record Not Found." Is that reasonable suspicion to stop the car?

• A. Yes. Aside from valid safety reasons, to stop a vehicle a police officer must have a reasonable, articulable suspicion the driver is, was or about to be engaged in criminal activity. • United States v. Callerman, _ F3d _ (10th Cir. No. 01-3039, filed 12/7/2001).

- 10263 - Case Law

•A return from the state Motor Vehicle Division database showing the tag is not on file can mean one of two things: the tag is illegal, or a recent transfer occurred and the registration is a work in process. The officer may stop the vehicle and conduct a brief, limited investigation to confirm or dispel his or her suspicion the tag may be illegal.State v. Donis, 157 N.J. 44, 56, 723 A.2d 35 (1 998).

- 10264 - Case La\V

• In Donis, defendants argued police shouldn't be able to run a tag until theyobserve a driver commit a traffic violation. The court rejected this argument, stating, "The use of MOTs by police officers should not be limited only to those instances when they actually witness a violation of motorvehicle laws. By the time an officer sees a vehicle change lanes or speed down the highway, that officer no longer needs to use the MDT. The officer has a permissible basis to effectuate a stop." • 157 N.J. at 54.

- 10265 - Case La\V

• Q. I run a tag. The return indicates Joe Blow is the registered owner of the vehicle, Blow's driver's license is suspended, and Blow has a warrant for his arrest. The driver appears to match Blow's physical description. I stop the vehicle and discover that Blow is the driver and he is intoxicated. I arrest Blow. He moves to suppress all evidence resulting from the stop claiming that I did not have reasonable suspicion for the stop. He argues that all I could see was the back of his head, I couldn't make facial identification, and I could not confirm his height and weight. Should the motion to suppress be granted?

- 10266 - Case La\V

• A. No. Once an officer has knowledge that a registered owner has a suspended license, the officer can assume the owner is the driver of the car, and the officer's knowledge constitutes reasonable suspicion for a stop. • State v. Donis, 157 N.J. 44, 58, 723 A.2d 35 (1998); Minnesota v. Kolstad, No. C6-96-972, filed 10/29/96 (Minn. Ct. App., unpublished). See also State v. Parks, 288 N.J. Super, 407, 411, 672 A.2d 742 (1996)(MDT provided general description of owner with a suspended license that could have been the driver).

- 10267 - Case Law

• While you have reasonable suspicion for a stop, you will still have to build your DUI case. In the absence of any "bad" driving, the evidence of DUI will be thin, particularly if Blow 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.)

- 10268 - 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 of stop?

- 10269 - 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 questions 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. B3,673, 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.

- 10270 - 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 driver'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, the 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 the stop exceeds the scope and duration of a reasonable 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).

- 10271 - 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 (10th Cir. 2000), vacated on rehearing en banc 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.

- 10272 - Case Law

• Q. Can a police officer use a MDT to discover personal information about a vehicle owner prior to stopping a car?

- 10273 - 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 owner'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 name, 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 operate motor vehicles, against the privacy rights of licensed drivers as recognized by the federal Driver's Privacy Protection Act. The court 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.

- 10274 - Case La\V

• 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?

- 10275 - 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. 1, 131 L.Ed. 2d 34, 115 S. Ct. 1185 (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).

- 10276 - Case La\V

• 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?

- 10277 - Case La"\V

• 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.

- 10278 - Case Law

• See Evans, 514 u. s. at 15-16 (officer entitled to arrest on what appeared to be a valid warrant where courtclerk erroneously failed to purge the warrant); City of Manhattan 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).

- 10279 - - 10280 - - 10281 - Operating Procedures

• Start the vehicle

o Turn on the compute

• It will automatically logon

~ II... II ' ~"" ~~~~.ELPASOPOllCEDEPARTMENT-TRAININGAC~~{;iii~;' fJ - 10282 - - 10283 - Operating Procedures

• Wait for the co mputer to fully logon

",.ih;,. " ' ~~_~~h. j =4Ww:~i!ltp¢25fJ4iH &4i~LJ¥a~ ' ~~.~A· I~~J:" ~~ ._ . ' LEg I FOue EL PASO POLICEDEPARTMENT- TRAININGAC==11II II III , 't::~.'r J - 10284 - - 10285 - Move CameraAdjustment by double clicking the top and dragging

- 10286 - ~------

- 10287 - • --I AI 0 o - zr 0 0 0 CJ) ~ CD ~ OJ o ~ OJ 3 a ~. CD-. OJ OJ ~= ::J (Q- ~ CD ~ o-_. o 0 A ~ 0 ~ ::J ~ 3_. 0- =~ 0.. CD- ~ "(Ij

- 10288 - - 10289 - ~ I r

- 10290 - o ~

;0_. co a ::Y ~ ,..-to. ~ 11 0 ~ ~ Q) -, Q.. ·iJi ~ m ~ . ~ I r ~ rIJ ! I ~'q W~ ;I-};~·:;~j ~~ . 11

- 10291 - (1 ~

;0_. 8 co ~ zr ~ ,l\ r-t- ~ »- -CD ~

- 10292 - r CD , I' "o ~ Q)-. 0..

- 10293 - r CD , I' »- -CD '<

..'

- 10294 - - 10295 - Operate FLIR • Minimize screen •Place cursor on window, right click then minimize

- 10296 - • o -0 CD :J o­_.

- 10297 - - 10298 - - 10299 - - 10300 - - 10301 - - 10302 - - 10303 -