Philadelphia Police Department Directive 12.8
Total Page:16
File Type:pdf, Size:1020Kb
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.8 Issued Date: 09-04-15 Effective Date: 09-04-15 Updated Date: 11-02-17 SUBJECT: VEHICLE OR PEDESTRIAN INVESTIGATIONS PLEAC (2.4.1) ______________________________________________________________________________ INDEX SECTION TITLE PAGE NUMBER 1 Policy 1 2 Enforcement Procedure 2 3 Search and Seizure Issues 4 4 Arrest Procedures 5 5 Assistance to Motorists 6 6 Reporting 7 7 Pedestrian Investigation Procedures 8 8 Traffic Violation Enforcement Regarding 10 Bicycles 9 “Dead Plates” Not to be Re-Issued 12 Example Memo: Return of “Dead” Plates 15 Appendix “A” “Live Stop” Program PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.8 Issued Date:09-04-15 Effective Date: 09-04-15 Updated Date: 05-17-19 SUBJECT: VEHICLE OR PEDESTRIAN INVESTIGATIONS PLEAC (2.4.1) 1. POLICY A. A police officer will stop any vehicle where the driver or occupant(s) are observed violating the law, or where the officer reasonably believes the vehicle, driver, or occupant(s) were violating the law. When appropriate, the officer may issue Traffic Citations (TC), investigate occupant(s), and/or make arrests. In some situations, a verbal warning may also be an appropriate alternative to a traffic citation. (PLEAC 2.4.1) 1. It is preferred that an officer making a stop for a traffic violation be in uniform. Only police officers in uniform will issue TCs. 2. An officer may issue a TC to the violator, at the scene, based upon information that the offender has committed a traffic summary violation. The information may be obtained from: a. A personal observation of the commission of the offense. b. Another police officer. c. A witness. d. Investigation. e. Speed-timing equipment. B. Police officers will aid motorists when circumstances indicate that an operator/vehicle is in need of police assistance. C. Officers are required to complete a Vehicle or Pedestrian Investigation Report (75-48A) on all vehicle stops and will record all pertinent vehicle and driver information. If any passengers in the vehicle are investigated, during the stop, their information will be recorded on the 75-48A. NOTE: Passengers in a vehicle during a stop are recorded on the same 75-48A as the driver, however, separate DC#s are generated for each passenger investigated and recorded on the 75-48A. 1. According to the United States Supreme Court, the basis for the vehicle stop provides the reasonable suspicion necessary to lawfully investigate/detain the passenger. This is true, even if the officers have no reason to suspect criminal activity by the passengers. DIRECTIVE 12.8 - 1 2. While a traffic stop allows passengers to be detained during the investigation, it does not automatically authorize an officer to frisk the driver or passengers. Officers must have additional reasonable suspicion to believe the driver or a passenger has a weapon that could harm the officer. The additional reasonable suspicion must be articulated on the 75-48A every time a frisk is conducted. D. Since EVERY vehicle investigation involves potential danger, all necessary safety precautions must be taken. When an officer stops a vehicle that they believe has been involved in the commission of a felony, the officers will employ the techniques that are consistent with those taught by the Police Academy for a “felony car stop.” NOTE: Officers and supervisors are reminded that due to the nature of felony car stops officer safety and situational control is paramount. ______________________________________________________________________________ 2. ENFORCEMENT PROCEDURE A. Personnel will make every effort to direct the operator to a suitable stopping point where normal traffic flow will not be impeded. Private driveways, gas stations (when open), or other areas providing access to business establishments will not be used for traffic stops when alternate locations are available. When private property is used for a traffic stop, all possible care will be taken to avoid inconvenience to property owners or patrons. Position the police vehicle, when practical, to the rear and left of the vehicle being stopped. B. After stopping but before approaching any vehicle, police personnel will: 1. Supply Police Radio with the following information: a. Location b. Make, model (new or late), and color of vehicle c. License plate number and state d. Number and description of occupants e. Reason for stopping the vehicle f. Whether or not the officer is solo. 2. If solo, await the arrival of back-up whenever possible. C. Approach all vehicles with caution, taking a vantage point that will afford the best view and offer the most protection. Attempt to keep the hands of the occupant(s) in view at all times. Occupants may be ordered out of vehicles when necessary for the officer's safety. 1. If the vehicle has a rear trunk, ensure it is closed securely before approaching the driver of the vehicle by pushing down on it as you pass by. DIRECTIVE 12.8 - 2 2. Whenever a vehicle is stopped, and windows of the vehicle are tinted in such a manner that the officer does not have a clear view of the inside, use the following precautionary measures: a. Use police vehicle public address system to instruct occupant(s) to lower all side windows. b. At night, have occupant(s) turn on inside lights. Use spotlight and flashlight to illuminate darkened areas of the vehicle's interior. D. Request the operator’s driver's license, vehicle registration, and insurance identification card. NEVER accept wallets or card cases. It is highly recommended that an officer never reach into an occupied vehicle in an attempt to shut off the engine or to recover evidence, since this has been known to result in serious injury to officers. Only in exigent circumstances should this tactic be utilized (e. g., the driver is unconscious and the motor is still running). E. Compare the Vehicle Identification Number (VIN) and license plate with the information on the registration card. Check the inspection and emissions stickers for dates. F. If the operator is unable to produce a valid driver's license, the officer will: 1. Ask the operator to produce an old/expired driver's license or other written identification to verify their identity. 2. Issue a TC for any violation of the appropriate section of the Pennsylvania Vehicle Code (Section 1501, 1511 or 1543) based on the result of the PCIC inquiry. NOTE: If the operator is unable to produce a valid operator’s license or proof of current vehicle registration, the officer will refer to Appendix “A’ of this directive and take the appropriate actions under the “Live Stop” initiative. G. Issue pertinent TC(s) in accordance with Directive 3.2, “Vehicle Law of Pennsylvania (Vehicle Code) Violations” or give a verbal warning. Determination of whether to issue a traffic citation or give a verbal warning will be based on the discretionary judgment of the officer with regard to such circumstances as the nature of the offense, location of the incident, time of day, etc. (PLEAC 2.4.1) 1. Record the TC number(s) or indication of verbal warning on the 75-48A and Patrol Activity Log (75-158). 2. Record the make, model and license plate of vehicle on the 75-158. DIRECTIVE 12.8 - 3 H. When stopping traffic violators in residential areas, the light bar and red lights(s) may be turned off if there is no traffic hazard or need to signal the police vehicle's location to other units. (This reduces curiosity by bystanders in tense neighborhoods). I. Unmarked police vehicles may be used for traffic enforcement when operated by uniformed police personnel and only if the police vehicle is equipped with audible and visual signals for recognition by offending motorists. J. Police officers in plainclothes and detectives will not routinely make traffic stops unless the actions of the violator are a clear danger to pedestrian or vehicular traffic and no marked unit is readily available. Only uniformed officers will issue TCs. 3. SEARCH AND SEIZURE ISSUES A. Lawful Frisk of Occupant(s): 1. A police officer who makes a lawful stop based upon either reasonable suspicion or probable cause may frisk the driver and occupants and sweep the immediate area for weapons but only if the officer has additional reason to believe the driver or the individual occupant is armed. The basis used to stop a vehicle does not automatically give the officer the right to frisk the driver and all the occupants. Officers must articulate on the Vehicle or Pedestrian Investigation Report (75-48A) reasons why the officer believed the individual was a personal threat. B. Lawful Search of Occupant(s) and Vehicle: 1. A police officer who has lawfully stopped a vehicle and has probable cause to believe that evidence/contraband is concealed somewhere within the vehicle, may conduct a probing search of the vehicle without a warrant. This exemption to the general warrant requirement is intended to apply in those situations where an officer suddenly and unexpectedly develops probable cause during a vehicle investigation. This exemption does not diminish the necessity of probable cause. Without a warrant, it is even more critical for officers to document all the facts and circumstances that led the officer to reasonably believe the vehicle contained contraband. Police Officers/Investigators who have developed probable cause on a specific vehicle in advance should not rely on this ruling to avoid securing a warrant. a. Probable cause must be based on objective facts that could justify the issuance of a warrant by a judge and not merely on the subjective good faith of the police officer. DIRECTIVE 12.8 - 4 ______________________________________________________________________________ 4. ARREST PROCEDURE A. A PCIC check will be conducted on any operator, vehicle, or occupant observed in violation of the law or when the officer reasonably believes the any operator, driver, or occupant(s) were violating the law.