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Subject: Police—Citizen
Contacts, Stops and Frisks |
Series Number
Change 304 10 Effective
Date July 01, 1973
Revision
Date July 14, 1983 |
The purpose of this
order is to establish policies and procedures governing police-citizen
"Contacts," stops and frisks. Policies and procedures concerning
arrests and searches connected with arrests are not covered. This order Is intended
to promote public safety and to safeguard members of the department from injury,
while ensuring that invasions of personal privacy of members of the public
will be held to a minimum. This order consists of the following parts:
PART I Responsibilities and Procedures for Members
of the Department
A. Contacts.
B. Stops.
C. Frisks.
D. Record Keeping.
PART I
A. Contacts.
Conduct by an
officer which places the sworn member in face-to-face communication with an
individual citizen under circumstances in which the citizen is free not to
respond, and to leave, is considered a "contact." Contacts may be
initiated by an officer when he/she reasonably believes that some investigatory
inquiry into a situation is warranted. Since a contact involves solely the
voluntary cooperativeness of a citizen who is free not to respond and to leave,
the standard for a police—citizen contact does not require "probable
cause,” "reasonable suspicion,’ or any other specific Indication of
criminal activity. While an officer may initiate a contact for any legitimate,
police-related purpose, contacts shall not be conducted in a hostile or
aggressive manner, nor as a means of harassing any citizen or attempting to
coerce a citizen to leave an area. Contacts shall not be initiated merely
because a person is "hanging around,” “loitering,’ or "standing on
the corner,” unless the overall circumstances are such as would reasonably
arouse the curiosity, concern, or suspicion of the officer.
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1. Initiating a Contact.
An officer may initiate a contact with a person in any place in which the officer has a right to be. it is difficult to define precisely Such places. Generally, they may include:
a. Areas of government-owned or possessed property normally open to members of the public;
b. Places
intended for public use, or normally exposed to public
c. Places
to which the officer has been admitted with the consent of the person
empowered to give such consent;
d.
Places
to which the officer may be admitted pursuant to a Court order (such as an
arrest or search warrant);
e.
Places
where the circumstances require an immediate law enforcement presence to
protect life, well-being, or property; and
f. Places
in which the officer may effect a lawful warrantless arrest.
2. Conduct
of Contacts.
a. Persons
‘contacted’ may not be detained in any manner against their will, nor frisked.
They may not be required to answer the officer’s questions or to respond in any
way to the officer if they choose not to do so. The officer may not use force
or coercion to require citizens to stop or to respond. Officers must constantly
keep in mind that the distinction between a ‘contact’ and a ‘stop” (Part I,B.)
depends In large part on whether under the particular circumstances a citizen could
reasonably perceive that he/she is not free to leave the officer’s presence.
Therefore, since the individual may, and is presumed to be innocent of
wrongdoing of any kind, officers shall take special care to act in as a
restrained and courteous manner as possible. Officers should avoid gruffness,
short responses which could be misunderstood or requests that sound as
commands. All verbal requests during the ‘contact’ should be phrased with optional
words such as ‘may,” ‘would you mind,’ or words of similar
import. The duration of a ‘contact’ should be as brief as possible. Frequently,
the success, or failure, in making a meaningful contact will depend upon the
officer’s ability to put citizens at ease and establish a rapport.
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If during a ‘contact’ citizens Should ask whether they must respond, or give the impression of feeling compelled to respond, the officer shall immediately inform them of their right to refuse as well as their right to leave.
b. Where
citizens refuse, or cease to cooperate during a contact,” they must be
permitted to go on their way, and the refusal to cooperate (or silence)
cannot, itself, be used as the basis to escalate tne encounter into a ‘stop’
(Part I,B). However, if there has been a refusal to cooperate, or if the
identification and general responses to questions are evasive (but not
contradictory), the person(s) may be kept within visual sight, provided such
visual observation appears to be an appropriate response, under the total
circumstances. Officers must bear in mind that citizens are not required to
possess, or carry with them, any means of identification, nor, absent unusual circumstances,
can citizens be required to account for their presence in a public place.
B. Stops.
A ‘stop” is the
temporary detention of a person for the purpose of determining whether probable
cause exists to arrest that person. A stop occurs whenever an officer uses
his/her authority to compel a person to halt, remain in a certain place, or to
perform some act (such as walking to a nearby location where the officer can
use a radio or telephone). If a person is under a reasonable impression that
he/she is not free to leave the officer’s presence, a ‘stop’ has occurred.
1. Basis
for Stop.
If
a member reasonably suspects that a person has committed, is Committing,
or. is about to commit any crime, the officer has the authority to stop and
detain that person for the purpose of determining whether or not probable
cause exists to arrest. The officer may exercise that authority in any place in
which he/she has a legal right to be.
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2. Reasonable
Suspicion.
The
term “reasonable suspicion’ is not capable of precise definition; it is more
than a hunch or mere speculation on the part of the officer but less than the
probable cause necessary to arrest. Reasonable suspicion is a combination of
specific facts and circumstances which would justify a reasonable officer to
believe that the person stopped had committed, was committing, or was about to
commit a criminal act. The following
list contains some of the factors which may be considered in determining
whether “reasonable suspicion’ exists:
a. Detained
Person’s Appearance:
A person may generally fit the description of a person wanted for a known offense. The person may appear to be suffering from a recent injury, fatigued from running or overly nervous. The person may appear to be under the influence of alcohol or drugs, factors that might tie that person to an offense.
b. Detained
Person’s Actions:
A
person may be fleeing from an actual or possible crime scene, hiding, or
discarding possible items of evidence.
c. Demeanor
during a Contact:
During
a contact a person may respond to inquiries with evasive, suspicious, or
incriminating replies or may be excessively tentative or nervous.
d. The
person may be In the area of a known offense soon after Its commission or in an
area known for the type of criminal activity on which the suspicion is based.
e. Time
of Day:
The
time of day may be that during which criminal activity of the kind suspected
usually occurs. It may, for instance, be
a very late hour and it would be unusual for persons to be in a certain area.
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f. Police
Training and Experience:
An
officer may have experience in investigating a particular kind of criminal
activity and recognize a person’s conduct as consistent with a pattern or modus
operandi generally followed in particular criminal offenses.
g. Information
obtained from witnesses or Informants.
An
investigating officer may base his/her suspicion upon information supplied by
civilian witnesses or police informants who he/she deems to be reliable, either
by virtue of their character or by information provided that has been corroborated
by the officer.
h. Information
obtained from law enforcement sources:
(1) The
officer may recognize an individual as having an arrest or conviction record or
know of an individual by reputation. Coupled with certain circumstances, ‘reasonable
suspicion’ might be Inferred.
(2) The
officer may rely on reasonable suspicion developed by another officer,
including one from another police agency, and on sources of police information
such as lookouts, flyers, and teletype messages. A ‘stop’ based on this type of
information can be made, but the action will be judged against an objective
standard: would the facts available to the officer at the moment of the stop
lead a man of reasonable caution to conclude that the stop was appropriate.
Thus, for example, to rely upon a flyer, it should contain the name and
description of the suspect, the underlying offense, and the nature of the
police action requested.
(3) The officer may have other information that may tend to tie an individual to a crime that would justify a stop being made. For example, a person may occupy a wanted vehicle or be in a premise that is the target of a search warrant. In instances of this type, the officer shall effect a “stop’ to determine if sufficient probable cause exists to make an arrest.
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3. Citing
Justification for Stop.
Every
officer conducting a stop must be prepared to cite the particular factors
which supported the determination that "reasonable suspicion” was present.
The record of the stop (P.D. Form 251 or P.D. Form 76) shall contain all
factors relied on, whether or not they are specifically described in part 1B2.
a. Example
1: In the early morning hours, an officer on patrol receives a broadcast that a
homicide has just occurred at a particular location. A general physical
description of the suspect is given and he is said to be wearing a dark jacket.
Soon afterwards, in the vicinity of the homicide, the officer observes a man
generally fitting the physical description but not wearing a dark jacket. Under
these circumstances a stop is proper and the officer’s ‘reasonable suspicion”
is justified based on the person’s appearance, the area of the stop, and the
type of crime under investigation.
b. Example
2: The police receive an anonymous tip that a named person is selling narcotics
from his apartment in a specific building. The apartment manager confirms that
the person resides there. Officers then occupy an apartment directly across
the hail from the suspect, and observe a man previously arrested for a
narcotics violation enter the apartment. When he exits shortly thereafter,
officers ‘stop’ him. Although probable cause to arrest and search does not
exist, the ‘stop’ is lawful because the officers’ ‘reasonable suspicion” is
justified as a result of the informant’s tip and the officer’s subsequent
observations.
4. Police
Conduct during a Stop.
In determining whether a ‘stop’ is
reasonable and lawful, every phase must be conducted in a
reasonable manner.
a. Duration
of a Stop:
(1) A person stopped may be detained at or near
the scene of the stop for a reasonable time not to exceed 10 minutes.
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(2) Officers shall detain a person only for the
length of time (not to exceed 10 minutes) necessary to obtain or verify the
person’s identification; to obtain an account of the person’s presence or
conduct, or otherwise determine if the person should be arrested.
b. Explanation
to Detained Person:
(1) Officers shall act with as much restraint and
courtesy as possible.
(2) The officer shall identify himself/herself as
a law enforcement officer as soon as practicable after making a stop.
(3) At some point during the stop the officer
shall, in every case, give the person an explanation of the purpose of the
stop. The explanation need not be lengthy.
(4) The record of the stop, (P.D. Form 251 or P.D.
Form 76) shall briefly note the fact that the officer gave the person an
explanation for the stop, and the nature of that explanation.
c. Rights
of Detained Person:
(1) The officer may direct questions to the
detained person for the purpose of obtaining their name, address, and an
explanation concerning their presence and conduct.
(2) The detained person shall not be compelled to
answer questions or produce identification for examination by the officer.
d. Effect
of Refusal to Cooperate:
Neither
refusal to answer questions nor to produce Identification by itself
establishes probable cause to arrest. However, such refusal may be considered,
along with other factors, as an element contributing to probable cause If,
under the circumstances, an innocent person could reasonably be expected not to
refuse.
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5. Effecting
a Stop and Detention.
Officers shall use the least coercive
means necessary to effect a stop. The least coercive means,
depending on the circumstances, may be a verbal request,
an order, or the use of physical
force.
6. Use
of Physical Force.
a. An
officer may use only such force as is reasonably necessary to carry out the
authority granted by this Order.
b. The amount of force shall not be such that It could cause death or serious bodily harm to the person stopped. This means that an officer may not use his/her service revolver or other service weapons to effect a stop and detention; this does not preclude a member from holding a service weapon at the time of the detention when circumstances dictate a need for such safety precautions.
c. If
the officer Is attacked or circumstances exist that create probable cause to
arrest, the officer may use the amount of force necessary to defend
himself/herself or effect an arrest.
7. Stopping
Witnesses Near the Scene of a Crime.
a. An
officer who reasonably believes that a person, observed near the scene of a
crime that has just been committed, has knowledge of value to the
investigation, may Order that person to stop.
b. The
primary purpose of the brief stop authorized by this section is to obtain the
witness’ identification so that he/she may later be contacted by the department
or the prosecutor (more extensive interviews with willing witnesses are, of
course, authorized under the ‘contact’ sections of this order).
c. Officers
shall use only the minimum amount of force necessary to stop a potential
witness in order to obtain such identification; the amount of force shall not
be Such that it could cause death or serious bodily injury.
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C. Frisks.
A frisk is a limited
protective search for concealed weapons or dangerous instruments. Usually, it
occurs during a ‘stop’ and consists of a pat down f the individual’s clothing
to determine the presence of weapons and other dangerous objects.
1. Basis
for a Frisk.
An officer may frisk a person (male or
female) whom he/she has stopped if
he/she reasonably suspects that the person is carrying a concealed weapon or dangerous instrument. and that a frisk is necessary to protect himself/
herself or others. The frisk may be
conducted at any time during the stop, Sc ong as the necessary “reasonable suspicion” has appeared.
2. Reasonable
Suspicion to Support a Frisk.
‘Reasonable
suspicion’ to support a frisk is more than a vague hunch and less than probable
cause. If, under the circumstances, a reasonably prudent law enforcement
officer would be warranted in believing his/her safety or that of other persons
is in danger because the individual may be carrying a weapon or dangerous
instrument, a frisk is justified.
The following list
contains some of the factors which may be considered In determining whether
reasonable suspicion to support a frisk exists:
a. Person’s Appearance:
A
stopped person’s clothes may bulge in a manner suggesting the presence of an
object capable of inflicting injury. His/ her physical characteristics, like
demeanor, may suggest the possibility that the person may be carrying a weapon.
b. Person’s Actions:
A
stopped person may have made a furtive movement, as if to hide a weapon when
approached. He/she may appear nervous during the course of the stop or may use
threatening words or actions, justifying a frisk.
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c. Prior Knowledge:
The
officer may know that a stopped person has an arrest or conviction record for
weapons or other potentially violent offenses, or a reputation in the community
for carrying weapons or for aggressive behavior.
d. Location of Incident:
The
area of the stop may be known for criminal activity or be so isolated that
witnesses to an attack on the officer would be unlikely.
e. Time of Day:
A
stop may occur at a time of day when an attack is more difficult to defend or
more likely, such as during a period of darkness or during a time of day that
is consistent with a serious/violent crime pattern.
f. Police Purpose:
The
officer may reasonably suspect that the person stopped may have been involved,
or is about to become involved In a serious/violent offense, especially an
armed offense.
g. Companions:
A
frisk may be necessary for safety reasons If the officer(s) has stopped a
number of people at the same time, and the officer(s) on the scene is
outnumbered by suspects. An officer may infer reasonable Suspicion to frisk
companions of a suspect who was frisked first and found to possess a weapon.
3. Citing Justification for Frisk.
a. Every officer conducting a frisk must be prepared to cite the specific factors which Supported his/her determination that “reasonable suspicion” to support a frisk was present.
b. The
record of the frisk, (P.D. Form 251) shall contain all factors relied or, whether
or not they are specifically described in part 1C2.
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4. Frisk Procedure.
a. A
frisk authorized under this order shall be limited to the seeking of possible
weapons or dangerous instruments.
b. The authority to frisk shall not be used to conduct full Searches designed to produce evidence or other incriminating material. Full searches of persons conducted without adequate probable cause to arrest are illegal and are specifically prohibited by this order.
c. Frisk
procedures are as follows:
(1) If the person is carrying an item immediately separable from his/her person, such as a purse, shopping bag, or briefcase, it shall be taken from him.
(a) The officer shall not search inside the
object, however, but shall place it at a safe distance out of the person’s
reach for the duration of the detention.
(b) If during the detention something occurs which
makes the officer reasonably suspect the possibility of harm should he/she
return an unsearched item without first inspecting it, he/she may briefly
Inspect the contents in order to determine If the item contains a weapon or
other dangerous object.
(C) The officer must be able to articulate the
factors on which he relied in inspecting the contents of item, and shall note
such factors on the record of the frisk required by part ID.
(2) The officer shall begin the frisk at the area of the person’s body or clothing most likely to contain a concealed weapon or dangerous instrument and shall limit the frisk to a pat—down. Outer clothing, such as overcoats and jackets, may be opened to allow a pat-down directly on shirts and trousers, provided that the initial frisk of the outer clothing precludes a sufficient patting—down to determine adequately if a weapon is concealed under the outer clothing.
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(3) The officer shall not reach inside the person’s clothing or pockets during a frisk, unless the officer feels something that may reasonably constitute a weapon or dangerous instrument.
(a) In such event, the officer may reach inside
that portion of the person’s clothing to uncover the article that was felt.
(b) Although objects such as keys, change,
envelopes, and other papers may be detected as a result of the frisk, an
officer has no authority to require their removal prior to an arrest because
they are not likely to constitute, or be used as, weapons or dangerous
instruments.
(4) An officer may also take steps to secure those areas that the detained person could reasonably reach during the detention if the officer reasonably suspects that the person might obtain an object from such an area and attempt to harm the officer.
(5) If, during the course of a frisk, the officer feels an object and believes that it could be used to harm him! her or others, the officer may take whatever action is necessary to examine the object and to secure it for the duration of the detention.
Example: While approaching a suspect, an officer
observes him thrust his hand Into his left front pants pocket, and withdraw It.
The suspect Is asked for identification, and says he has none. The officer runs
his/her hand over the pants pocket and feels a soft lump. The officer’s actions
to this point are proper. However, if the officer then reaches into the pocket
to recover the object, this action Is improper, since the officer could not,
from these facts, reasonably believe the soft lump was a dangerous weapon or
instrument.
5. Discovery
of Weapon Lawfully Possessed.
If a frisk discloses a weapon, the
possession of which is licensed or
otherwise lawful, the officer shall secure it out of the suspect’s reach for the duration of the detention. Ammunition may be removed from any firearm,
and the weapon and ammunition returned
in a manner that ensures the officer’s safety.
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6. Discovery
of Incriminating Evidence.
a. If,
while conducting a frisk, an officer feels an object which he reasonably believes to be a
weapon or dangerous instrument, he may reach into the pocket, waistband,
etc., and remove that, weapon.
(1) If, while in the process of removing what is believed to be a weapon, the officer discovers Other items which are contraband, instrumentalities, or evidence of a crime, he may lawfully seized the items.
(2) These
items may be considered in determining whether probable cause exists to arrest
the person. If, as a result, an arrest is made, a full search of the person is
proper.
b. Nothing in the preceding paragraph authorizes ‘searches’ for incriminating evidence without probable cause. Officers shall at all times understand that the authority to ‘frisk’ does not constitute authority to ‘search’ and that full searches conducted without adequate probable cause to arrest are improper and prohibited.
7. Situations
may occur where the officer possesses sufficient information from a citizen,
informant, or otherwise, which simultaneously gives him! her a reasonable basis
for a stop and a reasonable belief that the person to be stopped is armed.
a. In
such a situation, a frisk is justified immediately upon confronting
the individual.
b. If
the officer reasonably believes he/she knows the location of the
weapon, he/she may Immediately reach Inside the person’s clothes or pockets to
remove the weapon without conducting a frisk.
Example: A police
officer is Informed by a citizen that a person is sitting In the front
passenger seat of a specific automobile with a pistol in his waistband. The
officer approaches the car and observes a person generally fitting the
description sitting In the front seat passenger side. The officer ; immediately
reaches into the waistband of the man’s trousers and recovers a pistol. Whether
or not the pistol was actually recovered, the officer’s actions are proper.
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D. Record keeping.
Members of the force
shall maintain records of all stops, frisks and may maintain records of other
police-citizen contacts, consistent with the following rules. Such records
serve to ensure the proper exercise of law enforcement authority and enhance
an officer’s ability to reconstruct at a later time events which occurred
before and during such an incident.
1. Forcible
Stops and Frisks.
Whenever any force Is used to stop a person
pursuant to part 18 of this order, or
whenever any frisk is conducted pursuant to part
IC, regardless of whether or not an arrest follows, a PD Form 251 shall be made containing all
pertinent details of the incident,
including all factors relied upon in determining that the stop or frisk was justified.
2. Non-Forcible
Stops.
Whenever
a person is stopped without the use of force, the stop shall be recorded on a
PD Form 76, which shall contain all pertinent details of the incident including
all factors relied upon in determining that the stop was justified. The PD Form
76 shall be forwarded by the reporting officer to his/her commanding officer.
3. Contacts.
Contacts
are optional unless required by the commanding officer. Officers are reminded,
that use of the P.D. Form 76 during a contact may be interpreted as coercive
by some citizens. Consequently, if a determination Is made before or during a
contact to record information, the citizen should promptly be Informed that the
P.D. Form 76 is strictly for internal use by this department and is not
available to the public and does not signify or imply an arrest circumstance
or involvement in criminal activity.
4. Review
and Maintenance of Records.
a. Whenever
a PD Form 76 is prepared, the officer shall clearly indicate whether the
Incident was a non-forcible stop, or a contact; the statement of facts shall be
consistent with the type of encounter initiated. Sergeants shall review all PD
Forms 76 for conformity with this order and shall take appropriate corrective
action as necessary.
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b. Commanding
Officers shall ensure that all P.D. Forms 76 are centrally collected and
maintained within the respective district, or organizational element, and that
an official Is designated to monitor on an interval basis the P.D. Form 76
file. Access to the P.D. Form 76 file, of course, Is to be restricted to direct
law enforcement uses only, and any accessing by sworn personnel not normally
charged with, or responsible for, investigations shall be challenged.
c. P.D.
Forms 76 shall be minimally maintained for two (2) years from the date of their
execution, and may be retained for additional time periods when there is a
determined, or perceived need. However, at the termination of the two 2-year
retention period, or at such a period of time when all perceived or determined
use has lapsed, the commanding officer shall ensure that the discarded P.D.
Forms 76 are actually destroyed.
5. Use of Such Records.
a. Records
made pursuant to this order may be used only for a bona-fide law enforcement
purpose or for defense in civil or administrative actions brought against a
member of the department or the department itself.
b. Such
records may not be disseminated to persons or agencies outside this department
except with the expressed approval of an official of the rank of lieutenant or
above.
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