STANDARD OPERATING PROCEDURE

ISSUED ______________ EFFECTIVE____________

S.O.P. 16-4 INVESTIGATION OF SUSPICIOUS PERSONS / VEHICLES

 

INTRODUCTION

Officers are unable to predict which persons may react violently when confronted by law enforcement officers. Failure of the officer to be alert for this potential can have catastrophic results; therefore, caution must be exercised with each confrontation. To ensure that officers approach suspicious persons/vehicles in a consistent manner, the following procedures are to be followed.

  1. Investigation of Suspicious Pedestrians

    1. The officer shall notify the Communications Center of the situation including:

      1. The number of persons, race, sex, and approximate age of the persons, description of clothing, as well as the location of the individuals shall be relayed to the Communications Center before the investigation begins;

      2. If possible, avoid making the investigation in a crowd;

        ATTENTION CEO: Agency policy should regulate the use of the vehicle's public address (PA) system. Location (isolated or congested area), safety of the officer, and possible crowds are some of the factors to consider when using the vehicle's PA system. However, the policy should still allow officers to use some discretion regarding the use of the PA system.

      3. At night, attempt to direct the car lights on the suspects; and

      4. Each person shall be investigated through the GCIC/NCIC computer.

    2. If two or more pedestrians need to be investigated, another officer should be called to assist before approaching them:

      1. The stopping and investigating of the pedestrians should not take place until the assisting officer arrives; and

      2. Each officer should perform a certain part of the investigation:

        1. The first officer will guard the suspects; and

        2. The second officer should perform a frisk search in accordance with procedures in Chapter 9. If the persons are considered dangerous, officers should use the wall/prone search position to frisk the suspect.

    3. During the interview, officers are to treat suspects in a courteous manner and inform them of the reasons they were stopped and questioned. Officers are never to question any suspect while remaining seated in the law enforcement vehicle and the suspect outside.

    4. If officers determine the suspect is to be released, they are to obtain the information necessary to complete the daily log and a Miscellaneous Incident Report (MIR) and Field Interrogation Report (FIR).

  2. Vehicle Checks/Suspicious Vehicles - Felony Stops

    1. When makings felony stops of suspicious vehicles, officers are to adhere to the following procedures:

      1. An officer may receive a call to check a suspicious vehicle, or may observe a suspicious vehicle moving or parked. The officers should request a tag check on the suspicious vehicle from the Communications Center. Once stopped, sufficient probable cause is necessary before a vehicle can be searched. The driver's licenses of individuals should be checked;

      2. Officers will notify the Communications Center when they are following a vehicle they wish to investigate. Officers should give the Communications Center the license number, a description of the vehicle, the direction of travel (approximate location), the number of occupants, sex and race;

      3. The communications officer should send a second unit as back-up when possible. A computer inquiry on the license number of all suspicious vehicles shall be made and the results reported to the officer as soon as possible;

      4. The initiating officer will give information on the direction of travel and approximate location as often as possible;

      5. Upon arrival of the assisting officer, the Communications Center shall be notified and advised of the radio numbers of both law enforcement units;

      6. When stopping the suspicious vehicle:

        1. If possible, the officer should stop the suspicious vehicle in a well lighted area. In addition, officers should avoid stopping the vehicle at an intersection or in a heavily congested area; and

        2. If the vehicle stops unexpectedly and the occupants attempt to exit the vehicle, the officer is to order them to remain in their vehicle. If a backup unit is in route, the officer will remain with his/her patrol unit until the arrival of the backup unit.

      7. When a decision is made to stop a suspicious vehicle, the officer is to engage the unit's blue lights and when necessary, the unit's siren;

      8. The initiating officer should, if possible, stop his/her unit approximately 12 feet behind and to the left of the suspect's vehicle;

      9. When appropriate and at night, the initiating officer will turn his/her unit's lights to high beam and focus his/her unit's spotlight on the interior of the suspect's vehicle. Blue lights and emergency flashers will also be used. Backup units are to stop approximately two feet to the rear and directly behind the first patrol unit. The backup unit's headlights should be turned off and the emergency flashers and blue lights should be left on.

      10. While standing behind the open left door of his/her unit and via the unit's public address system, the initiating officer should order the suspects to exit their vehicle from the left side;

      11. Suspects are to be ordered to line up side by side facing the initiating officer (when possible), and ordered to keep their hands away from their pockets and in full view;

      12. The backup officer is to assume a position at the right rear bumper of the first law enforcement unit, (being sure not to stand directly between the bumpers of first and second units). If practical, the backup officer should seek a position to the right of the law enforcement units, provided the seeking of this position can be made without endangering the officers. The backup officer is to maintain this position until the officer is reasonably sure all occupants are out of the suspect's vehicle. Once the suspects are out of their vehicle, the backup officer is to conduct a visual inspection of the suspect's vehicle. When approaching the suspect's vehicle, the backup officer should attempt to keep an object between him/her self and the suspect's vehicle without obstructing his/her view;

      13. After the interior of the suspect's vehicle has been checked, the backup officer is to return back along the right side and rear of the first police unit to the left of the suspects. Once in position, the backup officer is to order the suspects to a wall search position on the suspect's vehicle;

      14. The initiating officer is to assume a position even with the front headlights of his/her unit. An officer should never walk or stand in front of his/her unit's headlights. From this location the officer will guard the suspects while the backup officer handcuffs the suspects' hands behind their backs and starts a frisk search of the suspects;

      15. After the search is complete, the suspects shall be advised that they are under arrest for (cite specific felony violations and other charges), read their rights under Miranda, and place the suspects in the back seat of one of the patrol units;

      16. If a vehicle search is warranted, the backup officer is to initiate it;

      17. The officers should request the Communications Center run a computer check on all suspects;

    2. If an officer is going to investigate a suspicious vehicle without assistance, the following procedures are to be followed:

      1. Once an officer identifies a suspicious vehicle he/she want to stop, the officer is to notify the Communications Center of the vehicle's license number, description, sex/race of the driver, and their approximate location;

      2. The officer is to use the unit's blue light and when necessary the siren to stop the suspect's car;

      3. When the suspect's vehicle pulls over, the officer is to position his unit approximately 12 feet behind and to the left of the suspect's vehicle (when appropriate);

      4. As the officer stops his unit, the unit's flashers and blue lights should be left on. The officer should focus the unit's spotlight through the rear window of the suspect's vehicle;

      5. When approaching the suspect's vehicle, the officer is to walk up on the driver's side and visually check its interior. If the driver is the only occupant of the vehicle, the officer is to assume a position clear of the door approximately one foot to the rear driver's door. The officer is to order the suspect out on the left side;

      6. If a visual check reveals other occupant(s) in the vehicle, the officer will order every one out of the vehicle as described in items #10 and 11 above;

      7. Once the suspects have been removed from the vehicle, they are to be handcuffed (hands behind back) and frisked.

      8. Once the frisk search is complete, the suspects shall be advised that they are under arrest for (cite specific felony violations and other charges), read their rights under Miranda, and placed in the back seat of the patrol unit;

      9. If the officer has probable cause to conduct a search/inventory of the suspect's vehicle that cannot be conducted at the scene, the officer shall implement steps to obtain a search warrant;

      10. Officers shall check the suspect's name and vehicle through the GCIC/NCIC computer;

    3. Safety Measures to be Taken by Officers During Vehicle Stops:

      1. When practical, the vehicle to be checked will not be stopped until a backup unit is immediately available;

      2. The assisting unit will, when possible, avoid arriving head-on at the vehicle being checked;

      3. If the assisting unit must approach head-on, and the suspect's vehicle has stopped or stops suddenly, the initiating officer should not start the vehicle check until the backup unit is in position;

      4. Officers shall not make a vehicle check without advising the Communications Center;

      5. All suspects in the process of being checked should be frisked before they are interviewed;

        1. Georgia statutes permit frisks (limited search for weapon) for the protection of the officer before an arrest is made or even if no arrest is made; and

        2. A valid arrest must precede a search for valid evidence that goes beyond a frisk for dangerous weapons.

      6. Use blue lights and when necessary the unit's siren when stopping a vehicle;

      7. If at all possible, an officers should not give suspects too much warning of the intention to stop them. Officers should not follow too closely;

      8. Advance notice will allow a suspect to plan an attack or alibi or dispose of evidence before an officer approaches the suspect's vehicle;

      9. Officers must never drive alongside a suspect's vehicle and talk to the suspect from the police unit. If the person warrants investigating or interviewing, the officer shall conduct the check in the appropriate manner as enumerated above.