Hillsdale Police Department Policy and Procedures Manual General Orders SUBJECT: II. OPERATIONS/TRAINING General Order 25: DWI Checkpoints DATE OF ISSUE April 1, 2014 ANNUAL REVIEW DATE April 1, 2015 EFFECTIVE DATE April, 1, 2014 DATE REVISED Page 1 of 4 POLICY To establish a standard and uniform system, which outlines the procedures for conducting Sobriety Checkpoints. These checkpoints are an effort to locate intoxicated drivers in a cooperative effort and in conjunction with the guidelines established by the Missouri Division of Highway Safety and the Missouri Department of Public Safety. 25.1 General The Chief of Police shall designate an officer to be the Officer in Charge of each of the Sobriety Checkpoints operated by this Department. The Chief of Police could be the officer in charge as well. The Officer in Charge of the Sobriety Checkpoints shall attend a special training session conducted at the direction of the Missouri Division of Highway Safety, Missouri Department of Public Safety, prior to actually conducting a Sobriety All officers selected for participation in this program shall be approved through the chain of command. Officers selected to participate in a Sobriety Checkpoint shall give special attention to their appearance prior to reporting for duty. Officers staffing the Sobriety Checkpoint shall exhibit uncommon courtesy while performing their duties. Officers assigned to the Sobriety Checkpoint operation shall maintain the highest standard of safety at all times. 25.2 Procedure The OFFICER IN CHARGE (OIC) shall have the following responsibilities: - Determine the primary and secondary locations of the Sobriety - Ensure that the proper equipment is available for use during the operation of the Sobriety - Announce the uniform of the day for the officers staffing the Sobriety - Determine the specific assignments for officers staffing the Sobriety - Conduct the roll call, the inspection of officers, and the briefing of the officers that will be staffing the Sobriety - Be present at all press conferences relating to the Sobriety ISSUING AUTHORITY
II. OPERATIONS/TRAINING General Order 25: DWI Checkpoints Page 2 - Be in charge of the overall supervision and control of the Sobriety Checkpoint and the officers assigned. - Be responsible for the development of a formal written plan for each Sobriety Checkpoint conducted. (See Attachment). - Be responsible for all decisions relating to the operation of the Sobriety Checkpoint to include, but not limited to: a) Directing police vehicles to the parking locations used at the scene of the Sobriety b) Establish the exact location where field sobriety testing will be performed. c) Establish the manner and location of the placement of traffic cones, traffic flares and additional stand lighting. d) If circumstances create a hazard to the officers or motorists, the OIC may stop the checkpoint operation, and resume it at an alternate time and/or location. e) If the volume of traffic creates unnecessary obstruction to the normal flow of traffic, the OIC may stop the operation of the Sobriety Checkpoint, and resume it at an alternate time and or location or the OIC may change the criteria for stopping the selected vehicles. - Direct the report writing process of the officers assigned to the Sobriety Checkpoint, as well as review the written reports from the officers assigned. - Be responsible for the completion of any after action reports that may be deemed necessary. - Ensure that proper media notification is made prior to the Sobriety Checkpoint, and prepare a press release stating the results of the Sobriety The TRAFFIC CONTROL OFFICERS, shall have the following responsibilities: - Direct traffic as needed at and around the Sobriety Checkpoint sight in a safe manner. - Direct those vehicles that are to be checked by established criteria, to the area where other officers are stationed. - Follow the criteria announced by the OIC as to which vehicles are to be stopped and checked. - Constantly remain aware of the vehicles merging into traffic when leaving the Sobriety Checkpoint as well as those vehicles approaching the Sobriety The CHECKPOINT OFFICERS shall have the responsibility of: - Contacting the operator of the vehicles that have been directed off the road by the traffic control officer. - The officers shall be polite and courteous throughout their contact with the drivers that are stopped. - Carefully check each driver for signs of intoxicants. - Conduct and or monitor the application of field sobriety tests that are administered.
II. OPERATIONS/TRAINING General Order 25: DWI Checkpoints Page 3 - Be aware of unsafe conditions, and immediately report any unsafe conditions to the OIC. - Establish adequate Probable Cause before making arrest of any violator, for any violation. - Follow pre-determined enforcement actions for any violation discovered at the Sobriety - Make arrangements for the transporting of any prisoner that is taken into custody. - Make arrangements for the processing of any prisoner taken into custody. - Complete any administrative duties as directed by the OIC. The CHEMICAL TEST OFFICER shall have the following responsibilities: - Ensure that all chemical tests performed are conducted per the Missouri Department of Health guidelines. Enforcement action to be taken by the officers for violations other than Driving While Intoxicated, will be at the discretion of the officer and may include: - A verbal warning. - A written warning. - The issuance of traffic ticket. - Custodial arrest based on probable cause. Preliminary determination of the use of intoxicants by the officers contacting vehicle operators shall include, but not limited to: - The odor of intoxicants; - Slurred speech patterns; - Bloodshot or watery eyes; - The inability to follow directions; - Open intoxicants within the vehicle; - The specific manner in which the person operates the vehicle. - Fumbling while attempting to produce their operator s license upon the request of the law enforcement officer. - Statements or admissions regarding the use of intoxicants. When the investigating officer suspects that the driver of a vehicle is under the influence of intoxicants, the officer shall have the operator exit the vehicle. After exiting the vehicle, the operator shall be directed to an area where the following field sobriety tests shall be conducted: - The One Leg-Stand test. - The nine step Heel to Toe walking test. - The Horizontal Gaze Nystagmus test (if qualified to administer). - Any other tests as directed by the Officer in Charge (OIC). Drivers who satisfactorily pass the field sobriety tests shall be allowed to proceed on their way without further delay.
II. OPERATIONS/TRAINING General Order 25: DWI Checkpoints Page 4 If the driver of the vehicle fails the field sobriety tests, the officer shall arrest the individual for Driving While Intoxicated. Upon arrest of the suspect, and prior to further processing, the arresting officer shall process the suspect s vehicle per Departmental Policy at the direction of the OIC. The arresting officer shall transport the arrested subject to headquarters for further processing unless transport arrangements have been scheduled by other means. If a BAT (Blood Alcohol Test) Van is being utilized, the subject shall be processed at the Sobriety Checkpoint and released upon the arrival of an individual who will take control of the arrestee. When the officer has completed the processing of the arrestee, the officer shall return to the scene of the Sobriety Checkpoint and resume their assigned duties. While assigned to the Sobriety Checkpoint, each officer shall remain alert for other violations of the law, including, but not limited to: - Expired state vehicle registration; - Improper operators license; - No drivers license; - Vehicle equipment violations; - Open intoxicants; - Minors in possession of intoxicants; - Weapons violations; - Narcotics violations; - Seatbelt violations; - Child restraint violations; - Known fugitives from justice. 25.3 Non-Sobriety Checkpoints The same procedures and policies shall be adhered to as outlined in 18.1-18.2. The primary focus on this type of checkpoint is to check for the following types of violations: 1. Operating Motor Vehicle while suspended/revoked/expired/no license 2. No proof of vehicle insurance upon demand 3. No seat belt 4. FTA/Fugitive 5. Fail to Registrar Motor Vehicle 6. Using Plates of Another 7. Expired/No inspection sticker 8. Fake/altered/stolen Temp tags/plate sticker (year) 9. No Front Plate 10. Speeding 11. illegal U-Turn 12. defective Headlights/taillights/no rear license plate light 13. Possession of Marijuana/other illegal substances 14. Open Container/DWI/Excessive BAC 15. Any other traffic violations/village Ordinance Violation
II. OPERATIONS/TRAINING General Order 25: DWI Checkpoints APPENDIX 1, page 1 Sobriety Checkpoint Supervisor s Log Agency Name: Month / Year: SPECIAL ORDER SOBRIETY CHECKPOINT: DATE: 1. As part of the Hillsdale Police Department s program to combat drinking and driving, the department will conduct a Sobriety Checkpoint on, at in Hillsdale, Missouri. 2. The following officers are assigned to the Checkpoint on:. 1) 2) 3) 4) 5) 6) 7) 8) 9) 3. The following procedures are to be followed without deviation: A. Primary Site: Date: B. Alternate Sites: C. Hours of Operation:
II. OPERATIONS/TRAINING General Order 25: DWI Checkpoints APPENDIX 1, page 2 D. Procedures: 1) Warning devices and signs, placed for the safety of officers, the motorists and to inform said motorists of the Checkpoint. 2) Every vehicle traveling throughout the Checkpoint will be stopped unless the volume of traffic or other conditions create a hazardous situation. The Officer in Charge will then allow traffic to proceed until the hazardous situation no longer exists. The officers will then resume stopping every vehicle. 3) Every driver will be asked for their operator s license and/or registration. 4) If any evidence or actions indicate the driver has been drinking, the officer will ask that driver if they have been drinking. 5) If any affirmative action, evidence, or response by the driver is noted, they will be asked to step from the vehicle. (Do not allow them to operate their vehicle at this point.) 6) The driver will be escorted to a position of safety and at least three (3) field sobriety tests will be conducted, not to include the use of probable cause breath test: a) Gaze Nystagmus Test b) Walk and Turn Test c) One Leg Stand Test 7) If the field sobriety tests are not performed satisfactorily, the driver will be arrested and turned over to the chemical test officer. (The breath test may be conducted at the station or on-site if a BAT van is utilized.) 4. If an alternative site has been selected, the Officer in Charge will decide whether to use the alternate site and make the notation on his log. 5. The spot check will be submitted by the Officer in Charge. 6. There will be a briefing conducted at the Hillsdale Police Department prior to conducting the