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CHAPTER 10 - Traffic Stops
Terms in this set (128)
A Routine Traffic stop:
Does NOT EXIST, there is No such thing as a "routine Traffic stop!
EVERY traffic stop requires:
An officer performing it to be VIGILANT
what is a "Vehicle"?
every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway
what is the exception to the "vehicle" definition?
Devices used exclusively upon STATIONARY rails or tracks
what is a "traffic Stop"?
the lawful, temporary detention of an individual in a vehicle by a law enforcement officer for an investigative purpose.
by using traffic stops, officers can deter or detect unlawful acts or events that require law enforcement action, examples include:
-outstanding warrants and escaped prisoners
-drivers with suspended licenses
-abused, kidnapped and runaway children
-drug use or trafficking
-minors in possession of alcohol
-criminals fleeing justice
Florida's Uniform Disposition of Traffic Infractions act (s. 318.14 F.S.) does what?
Decriminalizes MOST traffic violations.
Some Violations are still considered CRIMINAL acts and are treated as such, these include:
-fleeing or attempting to elude a police officer (316.195)
-leaving the scene of an accident (property damage/injury) (316.027/316.061)
-driving under the influence (316.193)
-reckless driving (316.192)
-making false crash reports (316.067)
-willfully failing or refusing to comply with any lawful order or direction of a police officer or fire dept personnel (316.072 (3))
-obstructing an officer attempting to enforce vehicle weight limits (316.545 (1))
-obstructing traffic for the purpose of solicitation (316.204(2))
the violations NOT deemed criminal offenses:
all other violations of chapter 316 are deemed "infractions" (non criminal violations)
"infractions" or non criminal violations may be punished by:
because traffic infraction violators may NOT be jailed:
he or she has NO right to a trial by jury OR a court appointed lawyer
traffic stop "DO's":
-greet them politely (identify yourself)
-establish a professional presence
-allow them to talk
-do NOT argue
-heighten the importance of the enforcement
-make the detention as quick as possible
-say thank you
-give them your badge and ID # if asked to do so
-NO RACIAL JOKES "duh"
a traffic infraction can be one of two types:
a traffic infraction (the criminal variety) can be one of two types:
traffic violations (moving)
-obedience to required devices (running a red light)
-trafic control devices
-vehicles approaching or entering intersections
-vehicles turning left
-vehicle entering stop or yield
-posession of an open container
-child restraint requirement
-school bus (failure to stop when signaled to do so)
(316.074, F.S.) m
obedience to all required devices
(316.075, F.S.) m
traffic control signal devices
(316.1925, F.S.) m
careless driving (catch all)
(316.126, F.S.) m
operations of a vehicle and actions of....
(316.121, F.S.) m
vehicles approaching or entering intersections
(316.122, F.S.) m
vehicle turning left
(316.183, F.S.) m
Unlawful speed (catch all for speeding)
(316.123, F.S.) m
vehicle entering a stop or yield intersection
(316.1936, F.S.) m
possession of an open container in a vehicle
(316.613, F.S.) m
child restraint requirements
(316.172, F.S.) m
school bus (failure to comply with signs when displayed)
Non Moving violations include:
-safety of vehicle
-expiration of registration
-licensing of vehicles
-safety belt usage
-color of lamps on vehicle
-stopping, standing or parking in prohibited locations
-proof of insurance
(316.221, F.S.) n/m
(316.610, F.S.) n/m
safety of vehicle
(320.07, F.S.) n/m
expiration of registration
(316.605, F.S.) n/m
licensing of vehicles
(316.614, F.S.) n/m
safety belt usage
(320.131, F.S.) n/m
(316.224, F.S.) n/m
color of lamps
(316.2065, F.S.) n/m
(316.1945, F.S.) n/m
stopping, standing or parking in prohibited areas
(316.646, F.S.) n/m
proof of insurance
criminal traffic violations include:
-driving under the influence
-drivers in florida MUST be licensed
-driving while license is suspended, revoked, cancelled, or the unlawful use of a license
-leaving the scene of a crash involving damage to property
-leaving the scene of a crash involving injuries or death
(316.027, F.S.) C
driving under the influence
(322.03, F.S.) C
All Florida drivers must be licensed
(322.16, F.S.) C
Drivers license Restrictions
(322.34 (2)(5), F.S.) C
driving while license is suspended, revoked, cancelled
(322.32, F.S.) C
Unlawful use of a drivers license
(316.061, F.S.) C
Leaving the scene of a crash involving damage to property (hit and run)
(316.027, F.S.) C
leaving the scene of a crash involving injuries or death
reckless driving (catch all)
according to 322.15 of the Florida statutes:
-ALL people driving in the state of florida MUST possess a VALID drivers license
-Drivers MUST SHOW it upon demand of a law enforcement officer
s. 322.34 F.S. states that:
-the license also MAY NOT be faded, altered, mutilated or defaced.
-if it is any of those, the officer must confiscate it.
there are 4 current versions of the Florida drivers license or florida state ID, these are:
a YELLOW drivers license:
Class E license; learners license
a GREEN drivers license:
Class D and E licenses (most common)
a BLUE drivers license:
Commercial Drivers license (CDL) comes in classes: A,B,and C
a RED drivers license:
IS NOT A DRIVERS LICENSE AT ALL! it is a State issued florida ID card. does not allow them to drive for any reason.
a license ENDORSEMENT is:
-a special authorization printed on a florida drivers license permitting a driver to drive certain types of vehicles or transport certain types of property or a certain number of passengers
a license RESTRICTION is:
-printed on a florida drivers license
-may limit the driver from operating certain types of vehicles
-require that he or she meet certain conditions while driving a vehicle
INFORMATIONAL ALERTS are:
-printed on a florida drivers license
-signal things about a persons health
-public safety status
-diabetic persons etc
-sexual predators (s.s. 775.21 F.S.) on front of license
-sexual offenders (943.0435, F.S.) on back of license
CDL Classes, Class A:
required for drivers of trucks or truck combinations with a gross vehicle weight of 26,001 lbs or more
CDL classes, Class D:
Gross vehicle weight of 26,001 lbs or more
CDL classes, Class C:
hazardous material, or passengers of 15 or more
Class E license:
regular vehicles over 50cc's
Classe E license (learner license):
-gross vehicle weight of less than 8,000 lbs.
-accompanied by a licensed driver 21 years or older in the closest seat to the driver
-from 6am to 7pm only (for the first 3 months of driving)
-from 6am to 10pm only until license is received
-no motorcycle riding without an endorsement
discriminatory or biased based policing is:
-a no no
-the unequal treatment of ANY person including stopping, questioning, searching, detaining or arresting a person, soly based on a person's race, ethnicity, religion, gender, sexual orientation, or socioeconomic status.
some observers consider biased-based policing to include:
ANY Law enforcement action that targets an individual based on a variety of group characteristics
according to title 18, section 242 of the united states code:
anyone who under color of law, etc etc
the 14th amendment to the constitution guarantees:
equal protection under the law
Mapp V Ohio (1961) the supreme court declared that:
No state can limit the 14th amendment, and that every person is entitled to equal protection under the law
describes the smaller segment of a population that differs from the majority by one or more characteristics.
because florida is becoming increasingly diverse in population:
it is up to the officers to avoid giving even the perception of discriminatory policing in their actions
when stopped, the traffic violators typically react with:
to avoid communication barriers, an officer must do the following:
-take adequate time when speaking
-listen carefully and explain fully what is expected
-avoid talking down to anyone
-refer to the motorist in an appropriate manner
an unknown traffic stop:
-refers to a stop in which the potential risk of the situation is NOT known
officers may stop a vehicle IF:
-reasonable suspicion exists that a crime has been committed
-observes a violation
-assists a motorist
-investigate suspicious behavior
-vehicle or occupant with a BOLO on it
upon seeing a violation or other cause to stop?
-YOU must decide whether it is necessary prudent and safe to stop the vehicle
unsafe conditions for a stop include:
-roadway conditions that do not allow room to pull over
"Traffic flow" is:
-The general speed and direction of vehicle or pedestrian movement.
initiating the "STOP" steps:
1. maneuver the patrol vehicle through traffic until safely catching up to the violator, determine at what point to make the stop
2. notify dispatch of the stop
3. select a safe location to stop
4. activate emergency equipment
5. park patrol vehicle
6. conduct a visual assessment of the violator's vehicle
7. exit the patrol vehicle
8. apply the appropriate techniques
9. interact with driver
a well executed traffic stop should:
minimally affect normal trafic flow
to ensure that you are stopping the correct vehicle:
constantly observe the vehicle from the time of the violation until the stop is completed
once an officer decides to stop, that officer must provide the following general information:
-general direction of travel
-vehicle tag #
-# of occupants
-need for back up? yes or no
Major considerations that you should have when selecting the safest location to make the stop:
-width of road shoulder
-level of visibility
-presence of hills or curves
officer-driver interaction begins?
when the officer signals the driver to stop.
once the signal is given?
the officer has limited control over WHERE the driver will stop.
once signaled to stop?
-the violator may look into the rearview mirror and make eye contact with the officer/you
-signal lane changes to pull over
-suddenly slow down
-some might panic and stop
-skid to a stop
-ignore the lights
if the violator ignores the lights?
tap the siren for 2 seconds
-take down lights
take down lights are and do?
-white lights facing forward on the light bar
-illuminate the interior of the violator's vehicle
-prevent the driver from seeing into the patrol vehicle
to avoid communication barriers, an officer must do the following:
Once the violator acknowledges that you have directed him to pullover, go thru the following steps:
1) As the driver changes lanes, follow smoothly
2) Follow the violator's vehicle at a safe distance
3) If uncomfortable with the initial stopping place, use the P.A. system to direct the violator to a safer location.
A 'safe distance' behind a violator's vehicle is ?
*Staying far enough behind the violator to be able to react to the situation at hand.
*Avoid traffic lanes
*Watch for pedestrians
*Protect the violator
During the stop: overhead emergency lights ________ (FILL IN THE BLANK) be left activated to warn oncoming traffic.
After stopping the violator in a safe location:
*Park the patrol vehicle a safe distance behind the violators vehicle.
*1 1/2 - 2 car lengths back
Offset position: If the violator pulls his vehicle off to the right?
*Align the center of the patrol vehicle's hood with the left tail light of the violator's vehicle.
(L) offset position: If the violator pulls his vehicle to the left?
*Align the center of the patrol vehicle's hood with the right tail light of the violator's vehicle.
Continued officer's safety also involves the following practices:
*Ensuring you are safe distance from the roadway.
*Maintaining safe reactionary distance between vehicles in relation to the violator's vehicle.
*Vehicle's relation to the violator's vehicle.
*Altering agency policy and procedure.
After making the stop?
*An officer should be prepared to exit the patrol vehicle quickly.
*Constantly, observe violator's vehicle and all occupants.
*Use emergency lights at all times.
If you suspect any signs of danger during the stop?
*Call for backup.
The backup officer should approach:
*Along the passenger side of the primary officer's patrol vehicle.
*Must limit use of emergency lighting so as not to silhouette.
The backup officer's patrol which should be parked ???
*at a safe distance
*may be offset to left or right
*lights can assist officer
The officer should access the vehicle for:
*signs of danger prior to exiting the patrol vehicle.
One clue of possible danger is ???
*if the occupants are nervously watching the officer.
Suspicious movements may suggest danger, some such movements are ???
*moving towards floorboard
*moving towards back seat
*rigid or wooden posture
If the vehicle appears to be heavily weighed down in a rear.
*The vehicle card be changing stolen mechanize.
In all approach situations;
*Make use of available cover.
Check the truth lock and lid alignment to determine if someone is possibly in the trunk.
As you approach the violator's vehicle assess the license plate. Indicators that the plate is wrong:
*How its attached
*Age of attachment vs age of plate
*Funky expiration stickers
*Paint or dark film on the plate
*Presence of dead insects (front plate) on back.
Approaching the violator's vehicle on the passenger's side.
*Approaching on the passenger side will give you extra time to look and listen.
*Can tell if a driver is concealing a weapon, alcohol beverage, drugs or drug paraphernalia.
Approaching the violator's vehicle on the driver's side.
*Stay close to the vehicle stopping at the back edge of the driver's door.
*Remain behind the vehicle's door post for cover.
Popped or damaged ignition:
*The plastic housing around the column's base has been open. Exposing ignition bars that can be pulled forward to start the car.
*It also means that the key portion was removed from the ignition key area.
As an officer approaching the vehicle, he or she should look into the rear window in order to determine the presence of:
*Presence of any contraband
No approach tactic:
*Calling the driver back to your car.
Officers should maintain a conscious but commanding presence is:
*The key to effective communication with vehicle driver.
Officer presence key factors:
Officer presence: make sure your:
*Tone of voice
*Portray professionalism and respect along with sufficient assertiveness.
Considerations during interviews with drivers:
If the interviews with the driver becomes dangerous or unstable:
*You must increase distance between you and the stopped vehicle.
According to S.322.15, 320.0605:
Drivers in Florida must provide a driver's license, vehicle registration, and proof of insurance upon an officer's request.
The driver is the __________ (FILL IN THE BLANK) occupant in the vehicle compelled to provide documentation. Unless the other occupants are suspected of a crime.
According to Florida law all felonies:
*Are arrest able offenses
If an officer has probable cause for a felony arrest?
*He or she must make that arrest.
According to F.S. S316.650(10)?
*An officer must issue a citation to ANYONE convicted of an offense that requires the mandatory revocation of the driver's license.
*25 citations per book
*Each citation has 3 parts or copies
*It is illegal to tear them up
*Contains 2 receipts that are used for assigning the book to the officer
*Not permissible for one law enforcement agency to transfer citations to another agency
Traditional paper citations:
*Part 1 (white copy) - complaint retained
*Part 2 (yellow copy) - summons - violator's copy
*Part 3 (pink copy) - officer's copy
High risk traffic stops:
*Have knowledge of your work zone
*Require back up
When selecting an area to make a high rise traffic stop?
*Not in places where:
**Where people's gather in large numbers
**Near a school
**Near a ball field
**Near a busy shopping center
High risk traffic stop/back of vehicle:
*Generally be positioned to the right of the primary patrol vehicle
*Should be offset to the passenger side with the angled towards the center of the suspect vehicle.
High rise traffic stops/positioning the primary patrol vehicle:
*Park patrol vehicle so that the driver's door of the suspect vehicle is visible.
*Offset towards the driver's side of the suspect vehicle.
*Nose of primary patrol vehicle pointed towards the center of suspect car.
Take down area:
*A designated area of disadvantages to the suspect vehicle, driver, or occupants where searching and securing occur.
Plus one theory:
*When an officer believes that all passengers have born removed from suspect vehicle and no one ca be seen inside, he or she must use pretense or bluff and command any hidden people to get out.
*Always assume that there is one more than you can see.
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