MV Ch. 1- Vehicle Violations & Citations Flashcards
(121 cards)
1
Q
There are three sources that provide officers with reasonable suspicion. Which is the first and most common source?
A
Officers observe a moving or equipment violation.
ex red rejection sticker provided reasonable suspicion that defendant was still driving an unsafe vehicle that failed inspection.
2
Q
3 sources that provide officers with reasonable suspicion of a civil motor vehicle infraction or a crime:
A
- Most common- Officer observes a moving or equipment violation.
2.Officer receives information from the vehicle registration database (MDT or communication with dispatch)
- Officer receives information from another person
3
Q
Absent contrary evidence, may police assume that the registered owner of a vehicle is driving?
A
Yes. The fact that people other than the owners sometimes drives does not undermine reasonable suspicion.
HOWEVER, officers must immediately release a motorist once they realize he is not the owner.
4
Q
An officer ran a license plate. The registered owner was 70 years old. The officer pulled the vehicle over and quickly saw that the driver was too young to be the owner. The drive was Gerard Francis.
Francis was nervous as he reached into the glove box for the registration. As the officer ran an RMV check of Francis’s license, he saw Francis place an object into the center console. An ensuing frisk led to the discovery of drugs and a gun.
Valid or invalid?
A
Invalid.
Unfortunately, the officer improperly detained Francis to check his license. Reasonable suspicion ended once the officer discovered the driver was obviously not the registered owner. Francis’s nervousness did not provide a new basis to detain him.
“I now see that you are not the vehicle owner, who I needed to talk with. You’re free to go. Sorry for the inconvenience.”
5
Q
3 sources that provide officers with reasonable suspicion of a civil motor vehicle infraction or a crime:
Third source: Officers receive information from another person. This comes in one of two ways:
A
- Most common- Dispatch broadcasts information received from a 911 caller.
- Citizen speaks directly to officers.
6
Q
Do officers have to witness the earlier violation in order to stop a motorist and issue a citation?
A
No
“If the officer observes, or has brought to the officer’s attention the occurrence of a civil motor vehicle infraction.”
At the same time, police may not purposefully delay a stop after the violation happened. (ex. federal agent observed defendant speeding and one hour later told a police officer to initiate a traffic stop)
7
Q
(Blank) has proven to be a very effective way to promote traffic safety.
A
Citing violators
8
Q
Is issuing citations and effective way to promote traffic safety?
A
Yes.
9
Q
MV
2020 study
How many deaths?
How man injuries?
A
327 deaths
24,313 injuries
10
Q
Does a written warning result in any consequences to the motorist?
A
No. There are no consequences to the motorist.
11
Q
Why are documented warnings preferred?
A
They corroborate the time, place, and reason for the stop.
12
Q
Officers may give the driver a verbal warning, which is (blank) documented on a citation.
A
Never
Authority for verbal warnings is implied in 90C Sec 3 (statutes note that officers “may” issue a citation, leaving the long -recognized option of a verbal warning.
13
Q
(Blank) draws a fine known as a scheduled assessment.
A
A Civil Motor Vehicle Infraction
14
Q
A civil motor vehicle infraction draws a fine known as a :
A
scheduled assessment.
-which is an amount determined by the registrar and district court. The fine is a fixed amount which must no exceed the statutory maximum. For many violators, the scheduled assessment in less than the maximum.
15
Q
Officers must add $5 to every chapter (blank) and (blank) fine.
A
89 and 90
16
Q
Who are citations for criminal offenses processed by?
A
The courts
NOT the rmv
- The citation serves as the application for a complaint.
17
Q
If the officer includes a CMVI and criminal violation on the same citation, the citation is processed through:
A
the courts.
18
Q
If the officer includes a CMVI and criminal violation on the same citation, the citation is processed through the courts. Any CMVI will still be dealt with administratively. Thus, a hearing may be requested. The standard of proof is:
A
Preponderance of the evidence.
-a magistrate decided the case, even if the other criminal matter are heard by a jury. A jury never rules on whether a violator is responsible for a CMVI.
19
Q
Does a jury ever rule on whether a violator is responsible for a CMVI?
A
No.
20
Q
An arrest for a motor vehicle offense is processed like a:
A
criminal complaint.
21
Q
MV
In general, officers have the right to arrest without a warrant for:
- Any felony on probable cause
- Misdemeanors in 90 Sec 21 occurring the the officer’s presence- except for OUI, which is arrestable on probable cause.
Remember 90 Sec 21 by the phrase U LIARS. What does U LIARS stand for?
A
Arrestable on PC:
- Under the influence (OUI)
Arrestable in presence:
-License, operating without
-Injury or death ( Leaving the scene personal injury, Serious injury from operating to endanger, misdemeanor MV homicide- where death results from either OUI or operating negligently)
- Authority, use without
-Refuse to stop (or provide license and registration)
- Suspended license, operating after
22
Q
For arrest purposes, “in presence” means that officers are able to:
A
see the offense occurring.
ex. officers should not have arrested the defendant for his unauthorized use of a motor vehicle under 90 Sec 21 because they arrived 15 minutes after the vehicle had stopped and did not observe the defendant in the car.
23
Q
The statute of limitation for criminal vehicle offenses is:
A
6 years.
A prosecution is NOT considered to commence when the citation is issued, only at the time a court issues the complaint.
24
Q
How long is the statute of limitations for criminal vehicle offenses?
A
6 years.
25
MV- Discretion
90C sec 2 mandates that officers indicate whether the citation is a: (4)
1. Written warning
2. CMVI
3. Criminal complaint application
4. Arrest
26
When officers issue a citation, they must:
retain a copy.
The other 3 copies must be turned in at the end of their tour of duty for appropriate distribution.
27
When officers issue a citation, they must retain a copy. When must the other 3 copies must be turned in?
*at the end of their tour of duty*
28
For arrest purposes, "in presence" means that officers are able to see the offense occurring. On the other hand, once officers see the suspect committing the offense, they may arrest. The fact that they delay their arrest decision, or even change their mind at the scene, is:
permissible
Ex. Comm v Suggs
-Officer saw defendant driving and initially issued a citation; he then changed his mind and arrested the defendant for operating after suspension; this was proper.
29
MV: Discretion
May officers combine citation types?
Yes.
The Registry and Merit Rating Board acknowledge that officers may mix, on one citation, a civil infraction with an assessment and one that draws a fine only. Simply place a clearly written "W" in the space on the citation where the money fine is supposed to appear, while marking the appropriate money fine in the space provided for the assessed infractions.
30
True or false?
An officer has discretion, at the time of the violation, to decide whether to issue a warning or to seek the imposition of a penalty.
True.
31
Although different officers may respond to the same incident differently, the application of discretion is not open ended and, in truth, there is (blank) about what factors professional officers consider in arriving at their enforcement decisions: (4(
1. Type of driving behavior- **Most important**
2. Driver history
3. Driver reaction to violation
4. Economic situation.
32
Although different officers may respond to the same incident differently, the application of discretion is not open ended and, in truth, there is (blank) about what factors professional officers consider in arriving at their enforcement decisions:
1. Type of driving behavior
2. Driver history
3. Driver reaction to violation
4. Economic situation.
Which is the most important
Type of driving behavior
ex. motorist who slowly travels through a red light at 1AM after stopping and seeing that is it safe to proceed is viewed differntly from the driver who rockets through a red light at rush hours and swerves areound a pedestrian in the crosswalk.
Driving behavior includes the number and kinds of violations, their severity and danger.
33
Should officers base their enforcement decisions solely on the reaction of the motorist?
No.
Motorists, for a variety of reasons, should be given some latitude to vent about getting a ticket. Be understanding.
34
Once a citation has been issued, officers must properly file it with the department. 90 Sec 2 states that officers "at or before the completion of their tour of duty... shall deliver to their police chief or person duly authorized by him, all remaining copies of the citation (except for the officers copies)". The purpose of this provision is to prevent officers from changing their citations based on internal or external pressure.
It is a police accreditation standard that each department keep its issued citations in:
a locked area until they are mailed to the registry or brought to court for processing.
35
As an additional safeguard, 90C Sec 6 has long required that the disposition of all citations in each citation book be recorded on audit sheets. Again *all* citations- warnings, CMVIs, complaint applications, arrests ,or those that are voided- MUST be recorded.
Who shall complete the audit sheets?
The Chief of police or an officer of a rank not less than SERGEANT.
-audit sheets contain the name of the violator, the date of issuance, and the officer's name and type of citation.
36
There are only two legal ways to deal with an improperly issued citation:
1. Void the citation because it was improperly issued, spoiled, or mutilated.
2. Suggest that the citizen request a hearing and communicate with the magistrate.
37
There are only two legal ways to deal with an improperly issued citation:
#1. Void the citation because it was improperly issued, spoiled, or mutilated. The issuing officer must immediately send the citation to:
the registry, with a:
- Letter on **department letterhead** containing the citation number
-The reason it was voided, and
-The signatures of the issuing officer and approving supervisor.
Also note the voided citation on the audit sheet in the book from which it was removed.
38
"Fixing" tickets is always:
an Ethical Violation
- and depending on the officer's role, possibly a crime.
Tell them to request a hearing.
39
If a motorist rips up a Massachusetts Uniform Citation, he should be charged with:
Littering.
NOT unlawful disposal.
He should be re-issued a new citation.
40
-Knowingly;
-Falsify, dispose, or destroy; or attempt t do one of these acts; OR attempt to get someone else to do this;
-A citation, copy, or record of its issuance;
- In a manner that is inconsistent with the requirements of Ch. 90C.
Unlawful Disposal Ch. 90C Sec. 10
This applies to police officers fixing tickets. For the motorist who rips up a citation, this does not apply- they should be charged with littering and re-issued a citation.
41
True or false?
Officers from non- state affiliated colleges and universities are not authorized to issue citations for CMVIs.
True. They are NOT authorized.
42
All campus officers appointed under 22C Sec 63- whether public or private- may enforce any motor vehicle crime (e.g. OUI, Operating to endanger, leaving the scene) occurring on campus or on:
public ways that adjoin or connect campus facilities.
43
State University/ College Police Officers:
Do they have the authority to issue citations for CMVIs?
Yes. (committed within the boundaries of their respective campuses.)
44
Deputy sheriffs may enforce all CMVIs, but they may not:
arrest the driver for a misdemeanor unless it is a breach of the peace.
ex. deputy sheriff properly stopped defendant for defective headlight, but arrest for his revoked driver's license was improper
45
True or false?
Special police officers employed by the Department of Mental Health (DMH) or Department of Developmental Services (DDS) may issue citations on public ways within their facilities.
True.
46
Citation Service:
When must officers give a copy of the citation to the violator?
At the time and place of the violation.
47
Citation Service:
Officer must give a copy of the citation to the violator at the time and place of the violation. If no citation given, they burden is on the *police* to show an exception to timely delivery. This is also true for eCitations.
The purpose of this rule is to: (2)
1. Provide the violator with notice of the violation; and
2. Prevent the manipulation of "fixing" or traffic citations.
48
Citation Service:
Means of service: (3)
1. "In hand" or direct service
2. Service to agent
3. Mailing the citation. (if the violator is not available, or at the time of the incident, could not be stopped).
49
Citation Service:
Officer explained the charges to a motorist receiving treatment in the emergency room and left the citation with the suspects belongings.
Is this proper service?
Yes.
50
When is it acceptable to mail a citation?
If the violator is not available or, at the time of the incident, could not be stopped.
51
Citation Service:
Officers issuing citations must sign them to certify that they have been issued. In the case of an agent, officers must:
record the agent's name and license number on the citationm which serves as a record should the violator claim that no citation was received.
52
Citation Service:
Provide envelope with CMVI citation. Each citation has a corresponding envelope in the citation book. The envelope enables the violator to pay the assessment by mail or request a hearing. If a citation is a written warning, criminal complaint, or arrest, then:
discard the envelope.
53
Citation Service:
Only exceptions to immediate citation service: (4)
1. The violator could not be stopped.
2. Additional time was needed to identify the violator or nature of the violation.
3. The violation resulted in a death.
4. The court finds reasonable circumstances justified the delay.
54
Citation service delay is typically not excused. Who is the burden on to justify any delay?
the police and prosecutor.
55
Citation service delay is typically not excused. What is the consequence of an unexcused delay in service?
case dismissed.
-This can derail a serious case.
ex. OUI defendant caused serious injury by crashing into the victim's car; victim lost part of his arm and elbow; 54 day delay in issuing citation resulted in dismissal.
56
Officer's verbal notice that investigation will continue is relevant, but will not justify:
every delay.
57
Does an initial citation for come violations cover later citation for other offenses?
No.
ex. Trooper promptly issued a citation of OUI drugs based on the defendant's erratic driving admission to using methadone. He also found a cup of alcohol in the console during the inventory. Trooper suggested in his report that the DA summon the defendant's hospital records. This was not done until 10 months after the incident. The records showed defendant had a .25 BAC, but no action was taken to cite her for OUI alcohol until 5 months after that.
The OUI alcohol charge was dismissed for unnecessary delay. The fact that the defendant had received a citation for OUI Drugs did not put her on notice that she would later receive one for OUI alcohol.
58
Citation Service:
Are police administrative delays (days off, or other absence from duty) excuses for delay?
No.
Also, ex. a nine day delay while trooper waited for a supervisor to approve his report did not justify a late citation even though the trooper told the motorist to expect a citation.
59
Can citizens seek complaints in District court for any offense, including traffic offenses?
Yes.
60
Citation Service:
True or false?
Citizen- initiated complaint may not make up for delay in service.
True.
ex. complaints alleging OUI causing serious injury were dismissed because the officer failed to properly serve the citation; five months later, a person injured by the defendant applied for idential complaint; the new complaints were properly dismissed since a citizen may not initiate a criminal prosecution to make up for original deficiencies in the one initiated by police.
61
Citation Service: Methods to avoid delayed citation dismissals:
Include *all* civil criminal offenses reasoably revealed in the (blank)
initial investigation.
Remember, it is less legally risky to include an offense and then have the prosecutor later decide to dismiss it- that it is to leave out an offense and later try to include it on a new citation.
62
Citation Service:
What are most dismissals due to?
time spent waiting for the hospital records to be subpoenaed by the prosecutor.
(search warrant= preferred method, or also subpoena)
63
Citation Service:
As a final safeguard, the investigator should tell the defendant that the investigation is continuing, and:
document that notice in the incident report.
The officer should describe *all* of the charges that might result in the future.
- This legal strategy does not always work, but such "explicit" notice has been a favorable factor in some cases of delayed citation service.
64
Citation Service:
True or false?
Dismissal only applies to citation service- not registry filing.
True.
Once citation is issued, the failure to file it on time with the registry does not justify dismissal.
Citation copies must be delivered to the registry within **6 business days**
65
Citations:
When must Written Warnings and all CMVI citation RMV copies be delivered to the registry?
within 6 business days
66
When must citations for criminal violations be delivered to the district court?
Within 6 *court* business days.
67
CMVI
A violator must, within (blank) days, pay the CMVI assessment or request a hearing before a clerk magistrate.
Clerk's Hearing: Violator found responsible by *preponderance of evidence*, or not responsible.
Appeal: Adverse finding may be appealed by motorists OR police for hearing before a judge.
20 days
68
CMVI
A violator must, within 20 days, pay the CMVI assessment or request a hearing before a clerk magistrate.
Clerk's Hearing: Violator found responsible by (blank), or not responsible.
Appeal: Adverse finding may be appealed by motorists OR police for hearing before a judge.
*preponderance of evidence*
69
Written warnings and all CMVI:
Citation copies to: (4)
1. Violator
2. RMV
3. Issuing Agencies Records
4. Issuing Officer
Written warning: Should be mailed to RMV within 6 business days
CMVI: Must be mailed to RMV within 6 business days. Failure to do so will result in the citation being dismissed.
70
Citations for criminal offenses:
For criminal violations, a violator may request a show cause hearing before a clerk/ magistrate within (blank) days.
4 days
Clerks Hearing: For CMVIs, violator found responsible by *preponderance of evidence*, or not responsible. For crimes, clerk finds probable cause to issue complaint or no probable cause.
71
An arrest for a MV offense is processed just like a criminal complaint. No chance for Clerk's hearing.
Defendant is arraigned for trial. However, CMVIs may only be decided by a (blank), not a jury, and (blank) standard applies.
judge; preponderance of evidence.
72
Bias-Free Policing:
Officers are NOT expected to ask a motorist what racial category they fall into. Instead, officer should:
use their judgement.
Note: The six race codes are derived from the U.S. Census Bureau and the National Crime Information Center.
73
Bias-Free Policing:
Six Race Codes:
"Any person whose ancestry is any of the original peoples of the Far East and Southeast Asia, including..."
"A" for Asian or Pacific Islander
74
Bias-Free Policing:
Six Race Codes:
Any person whose ancestry is any of the original peoples of sub-Saharan Africa
"B" for Black
75
Bias-Free Policing:
Six Race Codes:
Any person whose ancestry is from any of the Spanish speaking cultures of Mexico, central and south America, Puerto Rico, or the Caribbean.
"H" for Hispanic
76
Bias-Free Policing:
Six Race Codes:
Any person whose ancestry is any of the original peoples of the North.
"I" for American Indian or Alaskan Native
77
Bias-Free Policing:
Six Race Codes:
Any person whose ancestry is any of the Arabic people of North Africa, India, Turkey, Morocco, etc etc.
"M" for Middle Eastern or East Indian
78
Bias-Free Policing:
Six Race Codes:
Any person whose ancestry is any of the original peoples of Europe.
"W" for White.
79
Bias Free Policing:
In some cases- for example (blank)- officers may leave the " Race" box blank. However, they must check the "Owner" and "Mailed to violator" boxes.
mailed citation.
80
Citations: Bias Free Policing:
Motorist Objection:
If an officer inadvertently marks the wrong race code, and the operator objects, the officer may:
change it, and put his initials on the citation.
The officer should then submit a report indicating the reason for the change.
81
Legal Process to Resolve Allegations of Bias:
A court engages in a two- step process to resolve any allegation of police bias submitted by a defendant: What are the two steps?
1. Defendant raises the issue (facts amounting to a reasonable suspicion that bias played a role in the stop)
2. Burden shifts to prosecution (to prove, by a preponderance of the evidence, that the officer was not bias)
82
Legal Process to Resolve Allegations of Bias:
A court engages in a two- step process to resolve any allegation of police bias submitted by a defendant:
Step 1: Defendant raises the issue: In a written motion, defense counsel must provide facts amounting to a reasonable suspicion that bias played a role in the stop. It is legally *insufficient* to simply state that the defendant and officer have different racial or ethnic backgrounds. In fact, it is recommended that counsel address the following factors. Not every one has to be relevant: (6)
1. The specific agency policies regarding stops.
2. The officer's regular assignment. (general traffic patrol vs drug unit where stops are not a primary function)
3. The officer's enforcement patterns. (Citation or other data may be presented, but statistical proof is not required)
4. The sequence of events prior to the stop or detention. (could officer see the operator before the stop; did officer follow for a long period of time)
5. The public safety interests at stake in enforcing the violation (dangerous operation vs equipment violation)
6. The way the officer conducted the stop or detention. (exit orders, frisks, consent requests, evidentiary searches? and what facts supported these actions)
83
Legal Process to Resolve Allegations of Bias:
A court engages in a two- step process to resolve any allegation of police bias submitted by a defendant:
Step 2: Burden shift to the prosecution: Once the defendant presents a reasonable suspicion that the officer may have been motivated by bias, the burden shifts to the prosecutor to prove, by a preponderance of the evidence, that the officer was not biased. The preponderance standard is similar to probable cause and means "more likely than not". It is the same standard used during hearings on civil motor vehicle infractions.
If the prosecutor fails:
The judge will typically suppress the evidence and end the case. It is legally *insufficient* for the prosecutor to simply assert that an actual traffic violation or crime occurred.
84
It goes without saying, that officers should not _intentionally discriminate_ against citizens. According to 6E Sec. 1, Massachusetts residents have a right to "bias- free professional policing." Bias -FREE policing occurs when and officer's decisions and behavior are not:
illegally influenced by a person's race, ethnicity, disability, religion, immigration status, gender, sexual orientation, gender identity, or socioeconomic/professional level.
85
Bias- Free Policing
Officers must be personally and professionally committed to:
impartial policing.
86
In addition to conscious discrimination, out SJC has declared that officer must avoid:
unconscious bias.
Yet the SJC did not define unconscious bias or give instructions on how trial judges are to evaluate the presence or absence of it. To fill this subjective void, prosecutors should proactively address the issue by having officers in their tesitmony:
- Simply define unconscious bias; and
- Explain how they mentally avoid it
87
Unconscious (sometimes called "implicit") bias describes a psychological condition that:
affects ALL human beings.
88
These biases, which encompass both favorable and unfavorable assessments, cause us to have feelings about other people based on characteristics such as the region of the country they are form; the schools they attended; and other things like race, ethnicity, age, gender, religion, and appearance. The unconscious feelings we hold do not necessarily align with our declared beliefs.
Unconscious (sometimes called "implicit") bias.
-Which is a psychological condition that affects ALL human beings
89
Officers can and should apply a practical method to counteract the influence of unconscious bias: When about to engage in a law enforcement functionp whethere it is a traffic stop, frisk, consent request, search, or arrest- Officers should ask themselves:
"Would I be doing this, if this person were not (blank)?"
- If "No" or "not sure" then stop.
-If answer is "absolutely yes" then continue- A yes answer should mean the officer can point to **neutral behavior clues** that justify his or her police action. This simple test, honestly applied, is a practical way for officers to screen against unconscious bias.
90
What is the key to disproving bias during a hearing in response to a defendant's allegation?
Police testimony.
-Officers must authentically relate their commitment to bias-free policing. (This means officers must reject conscious discrimination and explain how they understand and avoid unconscious bias)
91
Police testimony is the key to disproving bias during a hearing in response to a defendant's allegation.
Officers must emphasize three key points in their department policy:
1. Actual or perceived discrimination is an **ineffective and unconstitutional** law enforcement strategy.
2. The department trains, coaches, and monitors officers to put them in the best position to understand bias and avoid it on duty. (supervisors must monitor and intervene)
3. Officers who engage in biased behavior are, depending on the facts, subject to discipline, suspension, termination, prosecution, and /or remedial training and counseling.
92
(Blank) is a great way to describe factors- unconnected to a suspect's race or ethnicity- That officers rely on for reasonable suspicion and probable cause
Neutral behavior clues.
Ex. backing into a parking space to facilitate a quick getaway with the headlights off; the "meaningless ride" associated with drug deals , etc.)
**Neutral behavior clues end up being the *most persuasive* rebuttal to an allegation of bias.
93
What ends up being the most persuasive rebuttal to an allegation of bias?
Neutral behavior clues.
Ex. suspects repeatedly looked over their shoulders even though no one was following them; this happened BEFORE they were approached by officers
94
In Comm Vs Long, The SJC assessed a traffic stop by officers in an unmarked car from a specialized unit (the Youth Violence Strike Force). The SJC stated that traffic stops by specialized units are more "prone to abuse". There are two responses to this perspective:
1. First, it is untrue that specialized units do not engage in general traffic enforcement.
2. Second, there is _nothing wrong_ with having an investigatory interest in stopping a motorist who commits a traffic violation. It is *only* wrong if the officers investigatory interest is based on the racial and ethnic characteristics of vehicle occupants.
Also, NOTE: Do not accept the term "pretext stop". The definition of pretext is: " a reason given to justify a course of action that is not the real reason.
"Counsel, I disagree with your characterization of my stop as a "pretext". I've been clear: The defendant committed a stop sign violation AND I was concerned that he might be involved in a vehicle break-in in the area." Explain the context and "neutral behavior clues" behind the traffic stop.
95
Is is a violation of bias-free policing if an officer has has an investigatory interest in stopping a motorist, beyond the traffic violation that had been committed?
No.
There is _nothing wrong_ with having an investigatory interest in stopping a motorist who commits a traffic violation. It is *only* wrong if the officers investigatory interest is based on the racial and ethnic characteristics of vehicle occupants.
Ex. police believed that the vehicle occupants had engaged in illegal drug sales and that the driver was speeding; this was a legitimate traffic stop untainted by bias or any other improper motive.
Ex. detective explained that he conducted traffic safety stops in a certain area because it also contributed to gang suppression= valid.
96
Allegations of Bias: Rebuttal factors:
Defense counsel will seek citation and field/interrogation observation (FIO) data to try to build a case that officers have been biased in their enforcement patterns. In evaluating data, a court must be fair and consider the demographic makeup of the:
"driving population"
Ex. driving population have a significantly higher percentage of minority motorists than the census data for the town where the highway stop occurred; using census data as the benchmark was obviously misleading.
97
Allegations of Bias: Rebuttal factors:
Defense counsel will seek citation and field/interrogation observation (FIO) data to try to build a case that officers have been biased in their enforcement patterns.
Should officer document ALL traffic stops with a citation?
Yes.
- Officers can and should exercise discretion about whether they impose money fines or warnings. The point is, by documenting ALL stops, officers exhibit a transparent approach to public safety.
98
Allegations of Bias: Rebuttal factors:
Defense counsel will seek citation and field/interrogation observation (FIO) data to try to build a case that officers have been biased in their enforcement patterns.
Should prosecutors address statistical arguments offered by defense attorneys?
Yes.
Most of the time, with some preparation, a prosecutor can discredit the statistical assumptions and conclusions presented.
99
Allegations of Bias: Rebuttal factors:
Is the officer's vantage point prior to the stop relevant?
Yes.
It is hard for bias to affect officers when they cannot see the driver or passengers before the stop. Most stops begin with officers driving behind the offending motorist's vehicle, unable to see more than the back of the driver's head. Many stops occur at night.
100
Allegations of Bias: Rebuttal factors:
Running plates: Officers may check the status of registrations at any time, as long as they are not:
motivated by racial or ethnic bias.
-When challenged, officers may be able to obtain their "run list". If the run list shows that the officer checked multiple registrations during the shift on vehicles with owners of varied demographic backgrounds, it rebuts the inference that the officer ran the defendant's plate for a discriminatory purpose.
101
Allegations of Bias: Rebuttal factors:
Running plates:
If possible, when should the officer run the plate?
AFTER communicating an intent to stop the vehicle.
The *order of events* is key.
102
Allegations of Bias: Rebuttal factors:
Running plates: The order of events is KEY. If possible, run the plate *AFTER* communicating an intent to stop the vehicle.
While officers want a heads up n the vehicle owner before a stop, that information comes with clues about the owner's race- which can later be used to suggest police bias. With this in mind, we suggest that officers: (3)
1. Decide to stop the vehicle after observing a moving or equipment violation.
2. Radio dispatch to report their location and intent to stop a described vehicle
3. THEN conduct the license plate check through their cruiser MDT or via dispatch.
Ex. only after officer stopped the defendant did he run his plate and learn his race and the existence of an outstanding warrant.
103
Allegations of Bias: Rebuttal factors:
Nature of the violation: Comm V Long emphasized that the more obvious the public safety risk, the less likely a court will be to:
infer officer bias.
(ex. stop for driving on sidewalk vs stop for defective plate cover)
104
Allegations of Bias: Rebuttal factors:
Nature of the violation: Comm V Long emphasized that the more obvious the public safety risk, the less likely a court will be to infer officer bias.
With this in mind, they should add to their report any independent proof of the violation, such as:
-another witness who saw it
-a photo of the equipment violation or improper sticker, etc.
105
Allegations of Bias: Rebuttal factors:
Nature of the violation: Comm V Long emphasized that the more obvious the public safety risk, the less likely a court will be to infer officer bias.
Officers should be able to explain the (blank) basis for the violation.
public safety basis
"You honor, I have responded to a lot of crashes caused by following too closely"
"I could not read the unlit license plate. That means another driver could not either it the car were involved in a crash."
106
Allegations of Bias: Rebuttal factors:
Following:
Many minority motorists provide persuasive accounts of times they were followed and improperly stopped by an officer- so this can be a (blank) to a reviewing court.
"red flag"
It goes without saying that officers should not consciously engage in this behavior. They should also reflect on whether they might be unconsciously falling into this pattern so they can stop it.
Of course, a motorist may sincerely believe they are being followed when, in reality, it is the farthest thing from the officer's mind. It is hard to change a driver's perception. Still, officer can avoid this issue by:
*routinely initiating their stops as soon as they can after seeing a violation*
107
Allegations of Bias: Rebuttal factors:
Interaction and behavior during the stop:
Naturally, a reviewing court will consider an officer's behavior during the traffic stop or detention of a suspect of foot. Biased comments have:
No place in professional policing.
- Officers must even avoid comments likely to be perceived as biased- "Do you know why I stopped you?" will often seem biased because, in the past, it was used as a cover for discriminatory enforcement.
108
Allegations of Bias: Rebuttal factors:
Interaction and behavior during the stop:
Naturally, a reviewing court will consider an officer's behavior during the traffic stop or detention of a suspect of foot. Biased comments have no place in profession policing.
A good approach with ALL motorists, but especially with those from minority groups, is for officer to:
Identify themselves fully and explain the exact nature of the violation at the beginning of the stop.
-Clear identification of the officer and violation go a long way toward diffusing suspicion.
*Officers will also need to communicate appropriately when the nature of the stop changes- Ex. requiring exit order, frisks, consent requests, motor vehicle searches, or pre-tow inventories.
109
Essential Elements of Moving Violations:
What are the three basic elements?
1. Motor vehicle
2. Operation
3. Public way
These are the foundation of almost every vehicle law violation (and the most contested in elements in OUI cases)
110
Essential Elements of Moving Violations:
Element 1: Motor vehicle
Definition:
"all vehicles constructed and designed for propulsion by power other than muscular power" including those pulled or towed.
Excluded form definition of motor vehicle:
-Railway or trolley
-Certain construction equipment
-Wheelchairs or other pedestrian vehicles
-Motorized bicycles ("mopeds") motorized scooters, and electric bicycles
111
Are motorized bicycles ("mopeds") motorized scooters, and electric bicycles considered "Motor Vehicles"?
No.
Note: Questionable vehicles= registrar makes the call. "In doubtful cases, the registrar may determine whether an particular vehicle is a motor vehicle". If so classified, she may require that it register under chapter 90.
112
"all vehicles constructed and designed for propulsion by power other than muscular power" including those pulled or towed.
Motor Vehicle.
113
Excluded from the definition of Motor Vehicle:
#2: Certain Construction Equipment-
"Vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding (BLANK) miles per hour and... used exclusively for the building, repair, and maintenance of highways or... for use elsewhere then on the traveled part of ways."
12 miles per hour
114
Excluded from definition of motor vehicles:
#1. Railway or Trolley: Railway, trolley, trackless trolley, or other vehicles on tracks are not motor vehicles
However, the exception for trackless trolleys shall NOT apply to :
90 Sec. 17 - Speeding
90 Sec. 21-Suspended
90. Sec. 24- OUI, Operating to Endanger, Leaving the scene
90. Sec 25- Failure to stop, Identify etc
90 Sec. 26- Leaving the scene
115
Essential Elements of Moving Violations:
Element 1: Motor vehicle
Proof: The person must be operating a "motor vehicle" which, typically is not a point of contention since most defendants are stopped in :
cars, motorcycles, or in some other obvious kind of vehicle.
116
Essential Elements of Moving Violations:
Element 2: Operation:
Definition:
"Any act to set a vehicle in motion".
- Of course a person "operates" a motor vehicle by driving. Even without the engine running, operation occurs whenever a person manipulates comes mechanical or electrical part of the vehicle- e.g. moving the gear shift or turning the ignition key- that, alone or in sequence, will set the vehicle in motion.
A driver continues to operate his motor vehicle when it is stopped in the ordinary course of travel for some reason related to the vehicle's operation- Ex. getting gas or a stalled engine.
117
Essential Elements of Moving Violations:
Element 2: Operation:
2 ways to prove:
1. Actual observation (Observing a person driving, or locating a witness who can testify to that fact, is the most obvious and frequent way to prove operation)
2. Circumstantial Evidence (Officer may prove that a person drove without witnessing him behind the wheel. Officers should look for clues to link the defendant with the vehicle)
118
Essential Elements of Moving Violations:
Element 3: Public Way
Public way is proven when the officer shows the suspect operated in one of three places:
(1) on a public way;
(2) in a place to which the public has a right of access (not a typical road, yet provides a right of public access -e.g. parking lot
(3) in a place to which members of the public have access as invitees or licensees. ( area of access for invitees and licensees )
An "Invitee" is present at the request of the owner for the mutual benefit of both- e.g. business parking lot
A "Licensee" is present with the passive permission of the owner- e.g. a private way that is commonly used by the public without the owner's objection (ex. private way became public because motorist regularly used it to get to commercial businesses.
119
Essential Elements of Moving Violations:
Element 3: Public Way
Proof of Public Way: (2)
1. **Documents** ("certificate by a city or town clerk... that a particular way is a public way" shall be sufficient proof.) Other documents may be presented (ex. municipal road directory) -However, *only* the certificate is deemed sufficient proof of public way BY ITSELF.
2. **Testimony**. Public way may also be proven through officer testimony. In the majority of cases, defense counsel does not contest the issue. However, officers must always be prepared to testify on this issue.
120
May Officers conduct traffic stops and issue citations for infractions in mall parking lots?
Yes- these areas fall within the definition of "public way".
Ex. defendant properly stopped for dangerous driving in grocery store parking lot)
At malls, the signs and signals that officers enforce must have been approved by the local traffic board. If signs, signals and pavement marking conform to the uniform manual, officers should stop violators and issue citations at these locations.
121
Officers may conduct traffic stops and issue citations for infractions in mall parking lots. These areas fall within the definition of public way.
At malls, the signs and signals that officers enforce must have been approved by
the local traffic board.
