Subject: Police Operations

Be sure to make sure understand the concepts of the 4th Amendment and, specifically, Probable Cause. Then, read this discussion prompt and type and answer with an explanation of why answered the way you did. Please make sure and expand on answer with concepts from the chapter and NOT just what you "think" is right based on opinion.

An apartment was burglarized while no one was home, and a checkbook and a television were stolen. Someone in the apartment complex witnessed Brian Corman leaving the victim's unit and called the police. Officers responded and confronted Corman at the door to his apartment, which was in the same building.

Without a warrant, the officers entered Corman's apartment, searched it, found the items stolen in the burglary, and arrested him. Once he was arrested, he was transported to the police department and questioned without his Miranda rights being read to him. He confessed to the burglary and was booked into jail.

Are these actions constitutionally valid? What constitutional amendments come into play in this scenario? EXPLAIN!

Introduction jurisdictions used "speed traps" to generate income. While there are still some areas that Most citizens' involvements with the police occur during the police's control and man- may perhaps take advantage of tourists with speed traps, this practice has been greatly reduced because of the interstate highway system . agement of traffic. Most police departments have specialized traffic details or units. A glance at the annual death statistics indicate that more citizens die each year as the result of traffic accidents than from criminal non-traffic crimes. An important function Tracking Law Enforcement Officers' Deaths of traffic control is to reduce the number of accidents, injuries, and deaths from traffic Involving Traffic Functions traffic control An important function incidents. Traffic control functions also include the smooth transfer of traffic on our of traffic control is to roads, streets, and highways. Another important function of traffic units is the uncover- As noted by the National Institute for Occupational Safety and Health (NIOSH), Law en- reduce the number forcement officers work in dynamic, high-risk traffic situations (National Institute of Justice, of accidents, injuries, ing of more serious crimes such as auto theft, outstanding warrants, and violations of 2017). In fact, motor vehicle-related events are consistently a leading cause of on-the-job and deaths from ontrol substance laws. deaths for law enforcement officers in the United States. In the decade between 2006 and traffic incidents. The police do not have the ability or manpower to enforce all traffic violations. Accordingly, traffic control officers must use discretion in their enforcement of traffic 2015, the FBI reports that more law enforcement officers died in the line of duty as the re- sult of traffic accidents than from felonious assaults with firearms (FBI, 2017). Preventive regulations. steps that an officer may take during a traffic stop are discussed later in this chapter. Traffic units frequently use one of two general patterns of traffic enforcement, random enforcement, and selective enforcement. Random enforcement involves officers while on routine patrols acting on any violations observed. Selective enforcement involves the identification of significant problem areas and the assignment of officers to monitor and Traffic Unit Functions enforce traffic regulations in those areas. Traffic units frequently use one of two general patterns of traffic enforcement; random As a rule, many streets, highways, and roads in the United States were designed for less enforcement and selective enforcement. traffic than they presently handle, especially in the large east coast cities. In many areas the streets and roads are the same width as they were when people traveled mainly by wagons History of Police Traffic Control or walked. Accordingly, it is essential that traffic lanes are open, and that traffic is moving with maximum efficiency. One of the earliest recorded programs involving the control of traffic was in 1722 when When there is traffic congestion, citizens suffer and frequently blame the police for not the mayor of London appointed three men to ensure that traffic kept to the left and did not properly handling the congestion. Citizens suffer during traffic congestion because of the stop on London Bridge. They may have been the world's first traffic police (Lay, 1992). In following reasons: some countries, traffic police or traffic cops are not sworn police officers. This appears to Time of both motorists and passengers is wasted the case in the United Kingdom where they are assigned to the Highways England Traffic Officer Service and are an operational unit of the Highways Department. Delays may result in late arrival for employment and meetings, resulting in lost busi- ness, missed appointments, or other personal losses Typical Mission of a Traffic Division Inability to forecast travel time accurately, leading to drivers allocating more time to travel "just in case," and less time on productive activities The typical mission of a police department's traffic division or unit is to create a safer Wasted fuel community by enforcing traffic safety laws, educating our citizens and assisting in solving Increased air pollution and carbon dioxide emissions traffic-related problems. A key component of the mission is to reduce injuries and deaths, which occur because of traffic collisions. The officers are committed to accomplishing this Wear and tear on vehicles because of idling in traffic and frequent acceleration and braking by providing positive and proactive education in the field of traffic-related issues and by Stressed and frustrated motorists, which in turn results in road rage and reduced health enforcing the traffic laws of the jurisdiction. of motorists Blocked traffic may interfere with the movement of emergency vehicles Jurisdiction Higher chance of collisions due to tight spacing and constant stopping and going Most states have specialized units to enforce and regulate traffic on highways, that is, state It is essential that police officers, if possible, keep the traffic lanes open and vehicles highway patrols. In urban areas, generally traffic control is handled by the municipal po- moving. To ensure traffic movement, the officer must be on the lookout for stoppages lice. In urban streets that have been designated as a state or federal highway, the state caused by inconsiderate drivers or drivers who do not realize that they are causing prob- highway patrol also has jurisdiction. The municipal police in the larger cities will have lems. For example, cars that are double-parked, drivers who make illegal left turns, or specialized traffic control units. In urban areas, traffic control is a function of the county other problems that may hinder the flow of traffic. Frequently these stoppages may be sheriff's department and/or the state highway patrols. removed by instructing the driver to move on or by removing double-parked vehicles. If The jurisdiction that issues the ticket or fine collects the revenue. In certain areas, the the stoppage is more than just temporary and cannot be solved by the traffic officer, the traffic control units generate significant income for the jurisdiction because of traffic tick- officer should notify his or her superior for additional directions or assistance. Photo 8-1 is ets and parking fines. Before the federal interstate highway system was developed, many a photo of an early traffic accident . CHAPTER 8 Police Traffic Functions 244 CHAPTER 8 Police Traffic Functions 245selecting this location, including the design of the intersection, traffic patterns, lighting conditions, and the degree of traffic control required. E................. The position of the police officer should be selected with personal safety in mind. This position must be clearly visible to drivers and should not interfere with the flow of traffic The most commonly selected point is the middle of the intersection; however, intersection design may dictate that another spot be chosen. Some types of intersections require the of- ficer to be positioned on one side or the other of the center, as in "T" type intersections, a one-way street, or unusually narrow roads. CE. When directing traffic, police officers should stand with their face or back toward the stopped traffic and their side toward the traffic being directed to proceed. Manual traffic control signals used by police officers should be standardized for clear under- standing, clearly visible, easily understood, and capable of transmitting information rapidly. Photo 8-2 depicts an early photo of a driver being stopped for excessive speed. When engaged in the actual traffic control, the police officer should do the following: Give only necessary signals. Leave the intersection if traffic becomes light (or when officially relieved from the post). Turn the head to look toward the vehicle the officer intends to signal . Give only one signal at a time. Remain aware of traffic approaching from all directions . PHOTO 8-1 A 1920 traffic accident in Washington, DC. library of Congress Prints and Photographs Division (LC-USZ62-79359) Directing Traffic Many police officers don't like the idea of standing out in the middle of an intersection directing traffic, especially in the pouring rain, a snow blizzard, or the scorching heat. But, as most police officers know all too well, it's one of those necessary evils. Traffic control is an invaluable service that is provided by the police to the public. It is one of the most basic things that police do. Police officers spend maybe a day or less in the academy learning and practicing traffic control techniques. In some academies, recruits are taken to a busy intersection to practice the traffic control skills they just learned in the academy. Police officers often encounter circumstances where manual traffic control is needed. This can be caused by any number of situations, such as a traffic collision, roadway con- struction, traffic signal malfunctions, or some type of natural disaster. For whatever reason, police officers need to know how to control traffic safely to reduce the likelihood of motor- ists becoming confused by unclear traffic directions and causing a collision. Traffic Control Techniques The officer assigned to direct traffic should maintain a professional attitude and de- meanor while conducting traffic control duties. Any other type of attitude or demeanor PHOTO 8-2 A female driver who was stopped by a Washington, DC, police is likely to create more confusion than already exists for the personnel or vehicles officer for driving 25 miles per hour in an 18-mile-per-hour zone in July 1922. being controlled . The first step is to select the proper location at the scene where traffic Library of Congress Prints and Photographs Division (LC-USZ62-83878) control will be initiated to establish operations. Several factors must be considered in CHAPTER 8 Police Traffic Functions 246 CHAPTER 8 Police Traffic Functions 247Point (with the hand) to pedestrians the officer intends to direct, using minimum move- With the arm extended horizontally, point at the driver. Swing the arm straight to point to where the driver is to go. ment of hands and arms . Repeat a signal several times to move sluggish traffic more rapidly . 5 . Left Turn . Stop opposing traffic. There are six basic signals for manual traffic control: (1) stop, (2) go, (3) change direc- . Use the right arm for traffic approaching from the right. tion, (4) right turn, (5) left turn, and (6) prohibited turn. Use the left arm for traffic approaching from the left. . With the arm extended horizontally, point at the driver. 1. Stop 6. Prohibited Turn Extend the arm toward the vehicle(s) being signaled. Shake head no. Raise the arm 45 above vertical. Use a whistle, if necessary, to get the driver's attention. . Bend the elbow . . Hold the hand vertically with fingers together, extended, and with the palm Signal the driver to make the appropriate legal turn. facing traffic. 2. Go-Move Along Use the hand nearest the stream of traffic being directed to go. Traffic Stops Holding the arm horizontal at shoulder height point with the index finger at the As noted earlier, in most cases the traffic stop is the only contact that citizens will have vehicle(s) being directed. . Bending the elbow, bring the hand back in an arc to the front of the chin to direct with a police officer. The main reasons police officers conduct traffic stops are to enforce traffic to pass in front of the person directing traffic. the law and to encourage voluntary compliance with these laws. The goal is to reduce Using the same procedure, bring the hand back behind the ear to direct traffic to injuries and deaths on our roadways. During a traffic stop, the police officer must remain pass in back of the person directing traffic. courteous and professional, while at the same time being alert for officer safety issues. Every traffic stop has the potential for danger. Many officers are killed each year and 3. Change of Direction thousands more are injured in traffic-related incidents. . Use the stop signal to stop each stream of moving traffic separately. A police officer should never approach a traffic stop as a "routine traffic stop." Turn 90. There is no such thing as a routine traffic stop. Often during traffic stops police officers Keep both hands in the stop signal position. encounter uninsured drivers, suspended driver's licenses, persons who are under the . Give the go signal to each stream of traffic separately. influence of alcohol or drugs, drug traffickers, illegal firearms, and persons who are 4. Right Turn wanted fugitives . . Usually made without direction from the person controlling traffic. Use the right arm for traffic approaching from the right. Preparing for the Traffic Stop Use the left arm for traffic approaching from the left. When a police officer decides to stop a vehicle for a traffic violation, he or she should not rush the stop, but rather initiate the stop when and where the officer feels comfortable. Officer safety should be a primary consideration. The officer should obtain as much PRACTICE HINTS detail as possible before stopping the vehicle. There are many anecdotal accounts from police officers relating how they prefer to run the tag displayed on the vehicle they are USING EQUIPMENT IN TRAFFIC CONTROL planning to stop prior to stopping the vehicle. This practice allows the officer to discern Whistle Flashlight if the tag belongs on the vehicle and if the tag or vehicle has been reported stolen. The officer should assess how many occupants are in the vehicle, and, if possible, how One long blast signals traffic to stop . To stop traffic, swing the flashlight beam across the they are acting. Do they appear to be looking nervously back at the officer? Are they reach- Two short blasts signal traffic to proceed . vehicle's path several times. ing under the seat? Are they reaching across the seat? Are they moving around erratically? Direct the beam downward at the pavement, being Are they throwing items out of the vehicle? These are important questions that should be Several short blasts should be used to gain attention . The whistle should be used as needed and never to careful not to blind drivers. answered, prior to initiating the stop. A police officer reported that as he was preparing to After a vehicle is stopped, use manual signals for stop a vehicle for lane straddling one evening by following the vehicle and checking the indicate frustration or anger. tag, the driver and the passenger switched seats while the car was in full motion. Upon further instructions. stopping and initiating an investigation it was discovered that the driver who had switched Verbal Commands seats with the passenger was driving under the influence. It was discovered that the pas- senger who had switched seats and was, operating the vehicle when it was stopped was Do not shout. also over the legal alcohol limit, and he too was arrested for driving under the influence. Use a loud tone . It's not often that police officers make two arrests for driving under the influence from the same vehicle at the same time. CHAPTER 8 Police Traffic Functions 248 CHAPTER 8 Police Traffic Functions 249 Vstop, at the very least the officer should write the tag number and a vehicle description on the activity sheet or clipboard. "There is no more The patrol vehicle should be positioned behind the violator's vehicle about 10 to 15 misunderstood Police in Action: TRAFFIC STOPS feet and just slightly (a few feet) to the left. This will provide protection for the officer law enforcement from traffic and allow the officer to have a full visual of the driver's side door. Turning the duty than traffic Traffic enforcement may at erratic driving and submitted to a field sobriety test. wheels of the patrol car sharply to the left can offer the police officer some protection from enforcement."> times seem tedious and futile. Later, the officers found a shrouded body in his car. runshot rounds to the lower leg extremities; and, if need be, the officer can take cover be- hind the upper portion of the vehicle. Turning the wheels sharply to the left also positions -Scoville, 2006 Alert traffic stops, however, have William Lester Suff-Who was convicted of murder- he engine block of the patrol car between the officer and the violator's vehicle. If the stop helped end the careers of some ing prostitutes in the Riverside, California area, was is made after nightfall, the patrol car's spotlight or alley lights can be used to illuminate the of America's most prolific murderers (Scoville, 2006). caught when he made an illegal U-turn. interior of the violator's vehicle. David Berkowitz-The New York "Son of Sam" killer Timothy Mcveigh-The Oklahoma City federal build- Upon walking up to the vehicle to contact the violator, it is a good idea for the officer ing bomber, was collared by an Oklahoma highway to pull up on the trunk of the violator's vehicle to ensure that it is secured and that no one is who killed six people, was caught because he re- ceived a parking ticket near the location of one of his patrol officer on Interstate I-35 for driving without a hiding in the trunk. As the officer continues walking to the driver's side window he or she license plate. should do a cursory peek into the backseat through the rear window while keeping an eye murders. Ted Bundy-Who murdered more than two dozen Wayne Williams-Who was considered the murderer on the driver's actions. If the officer is stopping a van that does not have side rear windows, obviously it is impossible to view inside the rear of the van. In this case, the officer should young women, caught the attention of a Utah in the Atlanta Child Murders, was cited for stopping listen for any unusual movement noises coming from inside the van. Highway Patrol Officer because he was driving with on a bridge. Later the body of one of the victims was his lights off. After he escaped from Colorado, he was discovered in the river below the bridge. The officer should be alert for the driver or passenger who reaches under the seat dur- ing the officer's approach. It could be that they are attempting to stash something under caught for driving in Pensacola, Florida, with stolen James E. Swann, Jr.-The Shotgun Stalker in the the seat, or worse yet, grab a weapon from under the seat. If the officer observes a sudden plates on his vehicle. The officer was alerted to his Washington, DC, area, was stopped for running a red movement such as this, he or she must become more suspicious, call for a backup unit, and vehicle because of his driving tactics. light and the officer found a recently fired shotgun in investigate further. Joel Rifkin-A former gardener and prolific murderer, the vehicle. The officer should stand just to the rear of the driver's window to the point where the was caught in New York State because he was driving Larry Eyler-A conflicted homosexual who killed gay driver has to physically turn his or her head back to see the officer. This puts the officer a vehicle without a license plate. men, parked his pickup truck on a highway. An officer in the best position to take action if need be. The officer should never stand in front of the Randy Craft-Who was convicted of 16 murders, was stopped to investigate and noticed him moving along a driver's door. If the driver desires to harm the officer, then all she or he has to do is open stopped by California Highway Patrol officers for ree line with a potential victim who was tied up. the door in an aggressive manner and knock the officer to the ground. Once the approach is made, the officer should request to see the violator's driver's license and registration. After the violator has produced the driver's license and registration, the officer should inform the violator what he or she is being stopped for. By asking for the driver's license and registra- Location of Stop tion first, the officer avoids a situation in which the violator wants to argue with the officer about the purpose of the stop. In some cases, the officer may also request to see current The location of the stop is an important consideration for the officer. It cannot be over- proof of insurance. While talking with the driver, the officer should look for any contra- emphasized that the officer should stop the violator where he or she feels comfortable. If band that may be in plain view inside of the vehicle. As many police officers will tell you, the stop will take place during the night shift, the officer may wish to follow the violator's they are never surprised to find drugs or weapons in plain view. vehicle to a well-lighted area before the stop is initiated. This can improve the officer's Once the initial contact is made, the officer may wish to write the traffic ticket or visibility of the occupant(s) of the vehicle. Likewise, if the officer feels suspicious about warning while standing at the driver's door. Some officers prefer to go back to their patrol something he or she has observed, the officer may wish to follow the vehicle until a backup vehicle and write the ticket. If the officer does return to the patrol vehicle, while walking unit is close and then stop the violator. back to the patrol unit he or she should carefully keep an eye on the driver and occupant(s). It is not advisable that the officer sit in the patrol unit while writing the ticket. The best The Stop and Making Contact position is standing outside of the unit, preferably to the rear of the patrol unit on the pas- senger side. The driver and occupant(s) of the violator's vehicle should remain seated in Once the officer feels comfortable, the stop should be initiated by activating the emergency their vehicle always. If the driver or occupant begins to exit their vehicle, the officer should lights on the patrol car. If the violator fails to stop, the officer should then activate a few explain to the driver or occupant that for their own safety they should remain in the vehicle. blasts of the siren or air horn and this will usually get the violator's attention. The emer- While writing the ticket, the officer should keep a watchful eye on what is going on in the gency overhead lights should always stay activated during the car stop to provide safety for violator's vehicle. the officer. If the officer has not done so already, he or she should notify the dispatcher of The officer should return to issue the traffic ticket taking the same route as when initi- the location of the stop, the tag number, and the vehicle description. Vehicle stops should ating the stop. When re-contacting the violator, the officer should explain the ticket thor- always be called in to the dispatcher. In some jurisdictions, SOPs not only require that oughly to the driver. Always avoid lecturing the driver when issuing the citation. Oftentimes police officers furnish this information to the dispatcher, but also the number of occupants a lecture by the officer may aggravate the driver and lead to an argument. Arguing with a of the vehicle. If for some reason the officer is not required to notify the dispatcher of the traffic violator is not the officer's job. Neither is debating the traffic ticket with the violator. CHAPTER 8 Police Traffic Functions 250 CHAPTER 8 Police Traffic Functions 251The officer should advise violators who want to argue about the citation that they have the right to appear in court and contest the ticket if they feel it was unjustly issued. > Roadblocks and Checkpoints Once the contact has concluded, the officer should thank the violator for his or her co- operation. The officer should never say things such as "have a nice day" to a violator. This For the most part, roadblocks and checkpoints are set up and controlled by the traffic division is inappropriate and may make the violator angry. The officer should end the contact with; of the law enforcement department. Public roadblocks by law enforcement have been deemed "please slow down and drive carefully." The officer should remain at the scene of the stop constitutional by the U.S. Supreme Court. The Court has upheld roadblocks and checkpoints with emergency lights activated until the violator has had a chance to pull safely back into for general law enforcement purposes if they have specific permissible objectives. the flow of traffic. Types of Checkpoints Passengers As noted on Flex Your Rights website there are four general types of checkpoints (Flex If the justification for the traffic stop is a suspected moving violation committed by the Your Rights website, 2018). They are the following: driver, passengers in the vehicle cannot be held responsible for the driver's misconduct and DWI checkpoints: At these checkpoints, the police may stop the vehicle and ask ques- may be free to leave. The officer may hold the passenger(s), if there are reasonable grounds tions but cannot search without probable cause. for suspicion during the stop. In determining the ability of the officer to investigate or question passengers, the courts will generally look at the justification for the stop. If the Border checkpoints: Officers are permitted to search vehicles crossing into the United justification for the stop is based on driver misconduct, then the courts will try to determine States without probable cause. The officers are also allowed to search property, if they if any reasonable suspicion developed during the stop that may be used to detain and or have reasonable suspicion to believe that the individual is concealing contraband. search passengers in the vehicle. There is a question as to whether border agents must have reasonable suspicion before they can search an individual's laptop or cell phone. Apparently, the officer can ask the Officer Safety in Traffic Stops individual to turn on a laptop or cell phone merely to ensuring that it is functioning and not being used to hide something else. As noted earlier in the chapter, a large number of routine traffic stops turn deadly. The Checkpoints near the border: Several court decisions have held that the individual is website "Blue Sheepdog" notes that traffic stops are the bread and butter of police work not required to answer questions such as, "Are you a U.S. Citizen?" The site also notes that a routine traffic stop can go bad in a heartbeat. The site also pro- Drug checkpoints: The U.S. Supreme Court has ruled that random checkpoints for vides some interesting recommendations to enhance officer safety when making a traffic finding illegal drugs are unconstitutional. stop (Blue Sheepdog website, 2018). A brief summary of the site's recommendations in- clude the following: Transportation Security Agency (TSA) checkpoints: Anytime you pass through a TSA airport checkpoint, the TSA is allowed to search you and your baggage without prob- If possible approach the stopped vehicle from the passenger side. The driver is more likely able cause or reasonable suspicion. expecting you to approach from the driver side. When approaching from the passenger's side of the car you should be out of range of oncoming traffic and thus less likely to be hit by a passing vehicle. In addition, you get a better view of what and who is in the vehicle. > Court Decisions If the person stopped tries to approach you, get out of the driver's seat. This accord- ing to the blog is the worst place to be if the stopped person decides to attach you. If United States v. Martinez-Fuerte, 428 U.S. 543 (1976) you need to stay in the car to run a license check, move to the passenger side. If it is not possible to move to the passenger side because of the in-vehicle computer or other The Supreme Court held that a routine stop limited to no more than brief questioning equipment, get out of the car at the first sign of trouble. If possible access your com- at a non-border permanent checkpoint, comported with the Fourth Amendment without puter from the passenger side or stand behind your unit. requiring individualized suspicion. The Court recognized that reasonable suspicion was not a practical standard to employ on major inland routes that smugglers are known to Use all your patrol car's lighting to create a "wall of light" between you and the person use, because the heavy traffic would not allow for a particularized study of a given car to stopped. identify illegal aliens and would not deter the flow of well-disguised smuggling opera- In deciding when to stop a vehicle, if possible, pick a location where it is safe to make ions. The Court concluded that the government's interest in stopping the smuggling of the stop; for example, a location with lighting and out of the main flow of traffic. illegal aliens was great, the intrusion was very limited, and interference with legitimate Call in your traffic stop, if possible, before you initiate the stop and ensure that the traffic was minimal. dispatcher has the vehicle tags, description, occupant information, and the location of the stop . Almeida-Sanchez v. United States, 412 U.S. 266 (1973) If possible, before the stop, have an evacuation route plan in case the stop goes bad. The U.S. Supreme Court disapproved a warrantless search of a Mexican citizen 25 air Never search a vehicle alone. If necessary, call for backup and wait until backup arrives miles north of the Mexican border. The search was made without probable cause or con- before conducting a search. sent. As a result of the search, officers found marijuana in the vehicle. The marijuana was Maintain an environmental awareness. Be wary of any other vehicles stopping or used to convict the defendant in federal court. The Court reversed and held that the search persons walking by. was not a border search or the functional equivalent thereof because the officers had no CHAPTER 8 Police Traffic Functions 252 CHAPTER 8 Police Traffic Functions 253reason to believe that the defendant had crossed the border and that the warrantless search part, is because voluntary requests play a vital role in police investigatory work. The Court violated the Fourth Amendment. held that special law enforcement concerns will sometimes justify highway stops without individualized suspicion (Roberson & Wallace, 2016,:102). United States v. Ortiz, 387 U.S. 523 (1967) Brown v. Texas, 443 U.S. 47 (1979) The Supreme Court held that the Fourth Amendment did not allow Border Patrol officers. in the absence of consent or probable cause, to search private vehicles at traffic check- The Supreme Court determined that the defendant's arrest in El Paso County, Texas, points on Interstate 5 in San Clemente, California, which was 66 miles from the Mexican for a refusal to identify himself, after being seen and questioned in a high crime area, border and the officers had no reason to suspect that the vehicle contained illegal aliens. The Court noted that for this purpose there was no difference between a checkpoint and a Amendment. was not based on a reasonable suspicion of wrongdoing and thus violated the Fourth roving patrol. United States v. Brignoni-Ponce, 422 U.S. 873 (1975) Michigan v. Sitz, 496 U.S. 444 (1990) The Supreme Court determined it was a violation of the Fourth Amendment for a rov- The U.S. Supreme Court held a sobriety checkpoint set up by the police in Michigan. The ing patrol car to stop a vehicle solely based on the driver appearing to be of Mexican Court noted that a suspicionless administrative search consisting of stopping people at ran- lescent. dom, without individualized suspicion or probable cause can be considered constitutional as long as, on balance, the government interest and the effectiveness of the program out- United States v. Huguenin and Martin, 154 F.3d 547 (2000) weigh the degree of intrusion into privacy. The stops were done to keep the roads safe, not to uncover criminal behavior. One of the important factors in an administrative search is Two cases were joined to answer the same issue: The defendants had challenged the that it must be standardized and apply to everyone equally. Compare this case to Delaware constitutionality of police procedures used to stop motorists exiting off a Tennessee v. Prouse, 440 U.S. 648 (1979), in which the police were stopping people at a checkpoint, highway upon warning that motorists are approaching a narcotics/DUI checkpoint. but at the whim of the policeman; whereas in the Michigan v. Sitz case, the police were The U.S. Court of Appeals for the Sixth Circuit concluded that the procedures used by using an algorithm to pull people over. law enforcement officers were unconstitutional. The appellate court noted that the chief (but not sole) purpose of the roadblocks in this case was to intercept drugs was undis- Ingersoll v. Palmer, 743 P.2d. 1299 (1987) puted. That the state had the authority to conduct roadblocks to check drivers' license and vehicle registration was also undisputed. The appellate court concluded that where In this case, the California Supreme Court recommended guidelines that should be used in the state has one lawful purpose sufficient to justify a roadblock, the use of the roadblock establishing sobriety checkpoints (as summarized by Roberson & Wallace, 2016, 101-102). by the state to intercept illegal drugs does not render the roadblock unconstitutional. In The guidelines are as follows: other words, the appellate court adopted a totally objective rule: a state may conduct a mixed-motive roadblock as long as one purpose presented for the roadblock could val- The checkpoint must meet the reasonableness standard under the Fourth Amendment. idly justify the roadblock, even if no roadblock would have been put in place but for the There must be a neutral application of the screening process . state's desire to hunt for unlawful drugs. There must be limits of the discretion of field officers . The appellate court noted that the checkpoint operated on approximately 64 different days and approximately 2,342 cars were stopped. There were only seven arrests for DUI . The checkpoint must be located at a reasonable location . to further the purported goal of detecting intoxicated drivers. During the same period, Law enforcement officials will be expected to exercise good judgment in setting times however, 128 arrests were made for drug-related offenses. For these reasons, the court and durations, with an eye to effectiveness of the operation, and with the safety of mo- concluded that the checkpoint was not operated for the ostensibly purpose of detecting torists a coordinate consideration. intoxicated drivers, but as a pretext to stop drivers who had violated no traffic laws in Advance publicity is important to the maintenance of a constitutionally permissible order to question them in an attempt to gain reasonable suspicion to search their cars for sobriety checkpoint. Publicity both reduces the intrusiveness of the stop and increases narcotics. the deterrent effect of the roadblock. Only those people who safely and legally exited the Interstate before the announced checkpoint were stopped. The exit ramp is in a secluded area where few people exit, and Illinois v. Lidster, 540 U.S. 419 (2004) there was no notice to the motorist about what was taking place at the exit. Furthermore, there was no procedure for how the vehicle was to be approached. In defendants' case, Justice Breyer noted that a highway checkpoint stop that was designed to obtain more Officer Brock "just happened to be there when they came up" and stepped in front of their information about a recent hit-and-run accident was constitutional because the relevant car. Thus, the procedure did not treat motorists on a non-random basis, but singled out mo- public concern was grave, the stop advanced the concern, and the stop interfered only torists, who, for whatever reason, chose to take the Airport Road exit. minimally with liberty. The Court held that the law ordinarily permits police to seek the voluntary cooperation of members of the public in the investigation of a crime. Law en- forcement officers do not violate the Fourth Amendment by merely approaching an in- Galberth v. United States, 590 A.2d 990 (1991) dividual on the street or in another public place, by asking him if he is willing to answer The U.S. Court of Appeals for the District of Columbia held that it is clear that the police some questions, or by putting questions to him if the person is willing to listen. That, in may not use a roadblock in order to seek evidence of drug-related crimes . CHAPTER 8 Police Traffic Functions 254 CHAPTER 8 Police Traffic Functions 255Bobby Joe Mullinax v. State of Arkansas, pursuit vehicle. Six minutes and nearly 10 miles after the chase had begun, Scott decided 571 S.W.2d (1997) o attempt to terminate the episode by employing a "Precision Intervention Technique ""PIT') maneuver, which causes the fleeing vehicle to spin to a stop." Having radioed his The Supreme Court of Arkansas noted that Fourth Amendment seizure occurs when a supervisor for permission, Scott was told to "go ahead and take him out." Instead, Scott vehicle is stopped at a roadblock or checkpoint; the question under Michigan Dept. of applied his push bumper to the rear of respondent's vehicle. As a result, respondent lost State Police v. Sitz, 496 U.S. 444 (1990). Whether such seizures are reasonable under control of his vehicle, which left the roadway, ran down an embankment, overturned, and the Fourth Amendment; the permissibleity of vehicle stops made on less-than-reason- crashed. Respondent was badly injured and was rendered a quadriplegic. Respondent filed able suspicion of criminal activity is to be judged according to a three-pronged balanc uit against Deputy Scott and others under Rev. Stat. $1979, 42 U. S. C. $1983, alleging, ng test; consideration of the constitutionality of such seizures involves a weighing of inter alia, a violation of his federal constitutional rights, viz use of excessive force resulting the gravity of the public concerns served by the seizure, the degree to which the seizure in an unreasonable seizure under the Fourth Amendment. In response, Scott filed a motion advances the public interest, and the severity of the interference with individual lib- for summary judgment based on an assertion of qualified immunity. The district court de- erty. In this case, the defendant was convicted of driving under the influence. After the nied the motion, finding that "there are material issues of fact on which the issue of quali- officer stopped the defendant at the roadblock, the officer noticed that the defendant fied immunity turns which present sufficient disagreement to require submission to a jury." appeared to be under the influence and there was the smell of alcohol in the car. The Scott said he decided not to employ the PIT maneuver because he was "concerned that state supreme court held that the facts discovered by the officer after the stop provided the vehicles were moving too quickly to safely execute the maneuver." Respondent agrees probable cause to search the vehicle. that the PIT maneuver could not have been safely employed. The officers at the roadblock were instructed to stop every fifth vehicle. The officer Judging the matter on that basis, the Court concluded that it is quite clear that Deputy testified that he noticed the odor of intoxicants coming from the appellant's vehicle and on Scott did not violate the Fourth Amendment. Scott did not contest that his decision to the appellant's breath when he stopped at the roadblock. He further testified that he saw a terminate the car chase by ramming his bumper into respondent's vehicle constituted a plastic cup in the console of the vehicle containing some ice and liquid. He stated that the "seizure." appellant's vehicle was not one of the fifth vehicles but that the appellant was detained for A Fourth Amendment seizure occurs when there is a governmental termination of free- a further check because it appeared that he had been drinking. dom of movement through means intentionally applied. If the police cruiser had pulled The state court noted that considering the totality of the circumstances, Appellant has alongside the fleeing car and sideswiped it, producing the crash, then the termination of not demonstrated that the officers conducting the roadblock in this case committed any the suspect's freedom of movement would have been a seizure. It is also conceded, by prohibited acts such as profiling cars or stopping them at random. Appellant's expectation both sides, that a claim of "excessive force in the course of making a seizure of the person of privacy was not invaded solely at the unfettered discretion of the field officers; rather, is properly analyzed under the Fourth Amendment's "objective reasonableness standard." the officers acted pursuant to a plan for a fixed checkpoint that was approved by their The Court stated that the question it needed to answer was whether Scott's actions were shift commander. Appellant has therefore failed to demonstrate any violation of the Fourth objectively reasonable. Amendment to the United States Constitution or Article 2, Section 15, of the Arkansas In determining the reasonableness of the manner in which a seizure is affected, the Constitution or any prejudice. The judgment of conviction was affirmed. Court stated that it must balance the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged Collision to justify the intrusion. Thus, in judging whether Scott's actions were reasonable, the Court stated that it In Scott v. Harris, 550 U.S. 372 (2007), the U.S. Supreme Court considered whether a must consider the risk of bodily harm that Scott's actions posed to respondent in light law enforcement official can, consistent with the Fourth Amendment, attempt to stop of the threat. First of all, there would have been no way to convey convincingly to a fleeing motorist from continuing his public-endangering flight by ramming the motor- respondent that the chase was off, and that he was free to go. Had respondent looked ist's car from behind. Can an officer take actions that place a fleeing motorist at risk of in his rearview mirror and seen the police cars deactivate their flashing lights and turn serious injury or death to stop the motorist's flight from endangering the lives of inno- around, he would have had no idea whether they were truly letting him get away, or cent bystanders? simply devising a new strategy for capture. Perhaps the police knew a shortcut he didn't In March 2001, a Georgia county deputy clocked respondent's vehicle traveling at know and would reappear down the road to intercept him; or perhaps they were setting 73 miles per hour on a road with a 55-mile-per-hour speed limit. The deputy activated his up a roadblock in his path. Given such uncertainty, respondent might have been just as blue flashing lights indicating that respondent should pull over. Instead, respondent sped likely to respond by continuing to drive recklessly as by slowing down and wiping his away, initiating a chase down what is in most portions a two-lane road, at speeds exceeding brow. Second, the Court was loath to lay down a rule requiring the possible liability for 85 miles per hour. The deputy radioed his dispatch to report that he was pursuing a fleeing all ensuing actions during the chase. vehicle and broadcast its license plate number. Culpability is relevant, however, to the reasonableness of the seizure-to whether pre- Deputy Timothy Scott, heard the radio communication and joined the pursuit along venting possible harm to the innocent justifies exposing to possible harm the person threat- with other officers. During the chase, respondent pulled into the parking lot of a shopping ening them. The Court stated that it did not assume that dangers caused by flight from a center and was nearly boxed in by the various police vehicles. Respondent evaded the trap police pursuit would continue after the pursuit ends, nor did it make any factual assump- by making a sharp turn, colliding with Scott's police car, exiting the parking lot, and speed- tions with respect to what would have happened if the police had gone home. The Court ing off once again down a two-lane highway. Following respondent's shopping center ma- pointed out the uncertainties regarding what would have happened, in response to respon neuvering, which resulted in slight damage to Scott's police car, Scott took over as the lead dent's factual assumption that the high-speed flight would have ended. CHAPTER 8 Police Traffic Functions 256 CHAPTER 8 Police Traffic Functions 257The Court noted that the police are not required to allow fleeing suspects to get Most traffic tickets are issued for violation of local traffic laws. Traffic laws may away whenever they drive so recklessly that they put other people's lives in danger. It is he classified as moving or non-moving violations. They are also classified as major obvious the perverse incentives such a rule would create: Every fleeing motorist would or serious violations and minor violations. The effect of receiving a traffic violation know that escape is within his grasp, if only he accelerates to 90 miles per hour, crosses conviction varies by jurisdiction. In most states, the conviction will result in points the double-yellow line a few times, and runs a few red lights. The Constitution assur- and an accumulation of a certain number of points may result in the suspension of the edly does not impose this invitation to impunity earned by recklessness. Instead, the violator's driving license. Traffic violation convictions also may result in higher vehicle Court devised a more sensible rule: A police officer's attempt to terminate a dangerous insurance premiums. high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death. The car chase that respondent initiated in this case posed a substantial and im- mediate risk of serious physical injury to others. The Court of Appeals' decision to the > Traffic Accidents contrary was reversed. More people are killed or injured in traffic-related accidents than any other type of accident. The annual economic cost of traffic accidents is astronomical. An important Traffic Violations part of the police function is ensuring the safe movement of traffic. Invariably, police officers will be called to investigate traffic accidents. Some traffic accidents can be pre- According to the website USLegal.com, the first traffic ticket in the United States was vented, while many others cannot. While traffic accidents will inevitably occur, police given to a New York City cab driver on May 20, 1899, for going at the breakneck speed of officers on patrol should be cognizant of accidents that seem to happen again and again 12 miles per hour (USLegal website, 2018). Photo 8-3 shows a police officer stopping a at the same location. Recurring accidents at one location may indicate a problem that if speeding vehicle in 1925. solved will reduce or even resolve the number of accidents at the location. Education, enforcement, and engineering should be used in order to resolve or reduce recurring traffic accidents. Some roadways are notorious for being accident prone. The specific reasons may be subtle and not immediately obvious. To discover the cause of accidents that seem to occur often at a certain location involves engineering factors such as alignment, vis- ibility, camber and surface conditions, and road markings. Locations that are accident prone should be carefully inspected for these causative factors. The location should be inspected for a missing or obstructed stop sign, a malfunctioning traffic signal, or other factors that may perpetuate the incidence of traffic accidents. Police officers should re- view the data on accidents that occur repeatedly at a specific location, as this may reveal the obvious causative factors. Factors that should be noted may include specific patterns, such as a day or time that accidents seem to be most prevalent. In industrial areas it may be that the traffic patterns are inconsistent with other times of the day, which may be contributing to ac- cidents. Accidents may tend to occur during shift change at a large manufacturing plant as workers try to rush out of the parking lot. If this is determined to be a causative factor, the officer should work with management to stagger shift change times a few minutes in order to avoid a large volume of traffic leaving the plant at the same time. If traffic ac- cidents are occurring after dark in a specific area, perhaps it may be a lighting problem in the area. If after reviewing available data it is determined that traffic violations are the contributing factors, then tailored enforcement should be initiated at the location Officers should also pay attention to hazard visibility factors, including intersections, merging lanes, bends, crests, school zones, and pedestrian crossings. Temporary hazards may include road construction, parked or disabled vehicles, accidents, traffic jams, and wild animals (especially deer). Traffic laws and ordinances are often haphazardly enforced. Police officers may enforce traffic laws with little justification of why they are concentrating on a spe- cific location. Delattre and Cornelius (2003, 601) make this point when they ask, PHOTO 8-3 1920s Hollywood movie star Tom Mix being arrested for speeding "Where should the police set up speed checkpoints? In locations most convenient to the on May 25, 1925. Mix is the one with the white cowboy hat. police-locations where police can most easily catch the largest number of speeders Note: He is sitting in the back seat and is not driving. and write the most tickets? Or in locations where there have been accidents or com- Library of Congress Prints and Photographs Division (LC-DIG-npcc-13633) plaints from the public and where speeding is clearly hazardous? If police operate from CHAPTER 8 Police Traffic Functions 258 CHAPTER 8 Police Traffic Functions 259the premise that the purpose of traffic laws is to foster safety and efficiency in travel, in other words, if the purpose of traffic laws is to serve the public interest, the answer becomes clear." Police officers should rely on both word of mouth from citizens and official accident data when making enforcement decisions. If an area has a high incidence of traffic acci- dents in which speed is a contributing factor, then specific enforcement activities should be tailored to that area. Likewise, a conspicuous police presence may be required at an accident-prone location for a short period of time. The educational component is also important in the prevention of accidents. Police of- ficers managing their beats should make it a point to educate the citizens on traffic-causing behaviors. If there is a location that has demonstrated a high incidence of traffic accidents, the officer should approach community groups, such as neighborhood watch associations or home owners' associations, communicate information regarding the increase in traffic accidents, and inform them of preventive techniques. Some officers have gone to the extent of preparing a brochure for dissemination in the community. The purpose of the brochure is to inform the citizens of increases in traffic accidents at a particular area and to suggest 182491 prevention techniques. In those cases where it is determined that repeated accidents are the result of driver behavior, behavioral control factors are recommended. Behavioral control factors may in- clude built-in obstacles that limit the ability of a vehicle to travel at high speeds or in a certain direction and may include crash barrels, speed bumps, pedestrian islands, raised medians, high curbing, guard rails, and concrete barriers. DWI/DUI Driving while intoxicated (DWI) or driving under the influence (DUI) also referred to as drunk PHOTO 8-4 Frequently, traffic stops discover the commission of other crimes. In this picture, a police officer is standing alongside a wrecked driving offenses have increased punishments substantially in the last thirty years as the result car and cases of moonshine on November 16, 1922. of the political activities of groups like MADD (Mothers against drunk drivers). As of 2018, at Library of Congress Prints and Photographs Division (LC-USZ62-96757). least 15 states prohibited plea-bargaining in alcohol-/drug-related offenses. Most states have separate DUI/DWI penalties if there is a minor child in the vehicle when the offense was com- mitted. Photo 8-4 depicts a traffic stop where other criminal activity was present. A person may in most jurisdictions be convicted of the DWI offense if they are driving In most states there are generally two or three ways in which a person may be found after taking a duly prescribed medicine if the medicine affects their driving ability. In a few guilty under the DWI/DUI laws. For example, California Vehicle Code 23152 has listed urisdictions, the person may raise the defense that he or she did not realize that the drug three ways in which a person may commit the offense. They are as follows: would affect the individual's driving ability. As a rule, the duty is on the driver to make sure that any medications being taken does not impair the driver's driving skills. Driving under the influence In most jurisdictions, the driver is a person who drives or is in actual physical control of the Driving with a blood alcohol content ( BAC ) of 0.08 or higher vehicle. A person behind the wheel of a vehicle who is steering the vehicle is considered as the driver even if the vehicle is being towed or pushed by another vehicle. The identity of the driver Driving by a person who is addicted to the use of any drug, unless the person is on an may be established by circumstantial evidence (People v. Padilla, 184 Cal. App. 3d 1022 (1984)). approved methadone maintenance treatment program. Generally, driving is defined for the DWI statutes as any movement of the vehicle. The driving under the influence offense may be committed even if the individual's The movement may be slight. The movement may include coasting downhill or pedaling a BAC is less that the 0.08 requirement. The key fact in this offense is that the person's abil- moped if the vehicle can move under its own power. ity to drive has been affected by his or her being under the influence of alcohol or drugs. Vehicles are generally defined very broadly and includes any vehicle that may be moved The laws on DWI/DUI generally establish that once an individual is shown to have a upon a public highway. This includes tractors, forklifts, go-carts, and snowmobiles. In most BAC at or above 0.08 percent, that person will be considered intoxicated by law. In such jurisdictions vehicles that are propelled solely by human power such as bicycles are excluded. circumstances, no further evidence of intoxication or impairment needs be demonstrated for purposes of a DUI case. These days, all states have per se DUI laws that find any driver Aggravated DWI/DUI Offenses with a BAC at or above .08 percent to be intoxicated. While some individuals with a BAC Generally, if there is an accident and a person is injured or killed, the offense is considered higher than the 0.08 standard may not be under the influence, the individuals are still in as aggravated. In many jurisdictions if a person under the age of 18 years is a passenger in violation of the DWI/DUE statutes. Not all jurisdictions include the third type of offense a vehicle being driven in violation of the DWI/DUI statutes, the offense is also considered set forth in the California Vehicle Code (driving while addicted) and some include the of- as aggravated. All jurisdictions provide for increased punishment for second and subse- fense of driving by an addicted person under other statutes. quent offenses by a driver. CHAPTER 8 Police Traffic Functions 260 CHAPTER 8 Police Traffic Functions 261