Posted on 01/11/2018 5:11:45 AM PST by SandRat
SIERRA VISTA — It’s a sight dreaded by drivers — red and blue lights flashing in the rearview mirror.
But a traffic stop may not just be bad for the driver, sometimes they are downright dangerous for the officer.
A report by the National Law Enforcement Officer Memorial Fund shows 128 federal, state and local law enforcers were killed in the line of duty in 2017. Of those, 18 died after being shot or being struck by vehicles while conducting traffic enforcement.
Many more officers are injured each year during traffic stops, making it one of the most dangerous activities performed by law enforcers, according to Policeone.com, an industry website that publishes several articles on officer safety.
The Herald/Review recently asked the heads of several local law enforcement agencies about traffic stops, just weeks after a Texas trooper was killed with a rifle as he approached a car during an afternoon traffic stop and another died during a traffic stop when his squad was struck by a passing vehicle.
All agreed there is no such thing as a routine traffic stop.
“Each stop presents its own set of circumstances and hazards,” said Douglas Police Chief Kraig Fullen. Which is why it’s vital for the public to understand what to do when flashing lights appear in your rearview mirror.
Tombstone Marshal Bob Randall suggests drivers remember “the 3 C’s” — stay calm, collected and courteous.
“All traffic stops are based on some kind of probable cause,” Randall said, whether it’s a safety concern, a violation or perhaps “their vehicle matches that of a suspect vehicle in a serious incident that just occurred.”
It was a point reiterated by Benson Police Chief Paul Moncada, who stressed that “traffic stops are nothing personal” and that officers usually have no idea who they are stopping.
A lot of warnings
Certain violations, such as DUI, require a criminal citation or arrest. But many traffic stops deal with infractions such as speeding, failure to obey traffic signal, improper lane change.
In Cochise County, only Tombstone and Huachuca City receive revenue from civil traffic fines because they operate their own magistrate courts. The other cities see none of the money, so “there is no financial benefit to the city or department for issuing more citations,” said Adam Thrasher, Sierra Vista Police Chief.
While all patrol officers are expected to perform traffic enforcement, none of the agencies dictate how many civil traffic citations must be written. That decision — including whether to issue a warning — is left to the officer’s discretion based on the circumstances. And possibly on the driver’s behavior.
“Our officers are expected to extend professionalism and respect in each of our contacts including a traffic stop,” said Fullen. “We understand that a traffic stop is not a pleasant experience for most drivers,” but “having courtesy extended to the officer in return goes a long way.”
The frequency of warnings versus citations is evident in an Arizona Department of Public Safety report which shows troopers issued warnings in more than 201,000 of the 480,000 traffic stops conducted in Fiscal Year 2016.
A review of preliminary 2017 statistics for local agencies shows many traffic stops did not result in a citation. Through Nov. 30, the Sierra Vista Police Department was involved in more than 8,700 traffic stops, resulting in less than 2,200 civil citations compared to 314 criminal citations or arrests. They also issued nearly 2,800 written warnings and repair orders.
In Tombstone, only about one-third of the 1,400 traffic stops conducted by the Marshal’s Office resulted in a citation, while Huachuca City officers gave out more than 750 warnings on 2,320 traffic stops.
What to do
Staying composed, as Randall suggested, can help a driver perform a few common sense steps to ensure a safe traffic stop for all involved.
“Drivers should try to pull over in a safe location, clearly off the side of the shoulder of a roadway, on a side street or a parking lot if possible,” said Thrasher with the SVPD. “If they cannot pull over right away because they think it is unsafe, at least slow down and turn on a turn signal so the officer knows they are acknowledging their intention to pull over.”
Once the vehicle comes to a stop, Thrasher says everyone should remain inside while the officer scans the situation for possible threats and “gets a decent feel for the occupants of the vehicle.”
Then follow the officer’s directions.
All agencies provide officers with situational training for traffic stops such as identifying safe locations to stop vehicles, radio procedures, vehicle positioning and safe approach tactics.
It also includes “desired verbiage upon contact with the drivers,” which is something Cochise County Sheriff Mark Dannels has seen change in the 30-plus years he’s been in law enforcement.
Gone, said Dannels, are the days when deputies simply “barked out orders and had little dialogue” with the driver or passengers. Nowadays, traffic stops often involve questions, even a bit of conversation.
“Things like making sure the driver is OK, making sure they understand why we pulled them over,” said Dannels. “We work for the community, so I expect my deputies to set a respectful tone every time we have a citizen contact.”
But being respectful doesn’t change the fact the deputy must remain in control of the encounter. It’s important, said Dannels, to remember the deputy doesn’t know if someone in the vehicle is under the influence of drugs or alcohol, or suffering from a mental illness that interferes with the person’s ability to comprehend what the officer wants.
A recent social media posting on a Sierra Vista community page criticized an officer for approaching a car with his hand on his holstered gun. “My son was speeding 5 miles over, he’s not a mass murderer,” the posting read. “The officer obviously wanted something to happen!”
However, Dannels stressed that law enforcers are trained to be alert for dangers throughout the interaction. A hand on a holstered gun is not an offensive move but a defensive one, said Dannels, who added “I want our deputies to control the situation and go home at the end of the day.”
A pretty stupid lie on Trooper Randall’s part, especially when probable cause is not even required for a traffic stop. Reasonable suspicion, a lower standard, is enough under Terry v. Ohio.
When a government authority makes this type of bogus assurance, any reasonable person would be suspicious.
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