MV Ch. 1- Vehicle Violations & Citations

Question 1

There are three sources that provide officers with reasonable suspicion. Which is the first and most common source?

Answer 1

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.

Question 2

3 sources that provide officers with reasonable suspicion of a civil motor vehicle infraction or a crime:

Answer 2

1. Most common- Officer observes a moving or equipment violation.

2.Officer receives information from the vehicle registration database (MDT or communication with dispatch)

3. Officer receives information from another person

Question 3

Absent contrary evidence, may police assume that the registered owner of a vehicle is driving?

Answer 3

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.

Question 4

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?

Answer 4

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.”

Question 5

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:

Answer 5

1. Most common- Dispatch broadcasts information received from a 911 caller.
2. Citizen speaks directly to officers.

Question 6

Do officers have to witness the earlier violation in order to stop a motorist and issue a citation?

Answer 6

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)

Question 7

(Blank) has proven to be a very effective way to promote traffic safety.

Answer 7

Citing violators

Question 8

Is issuing citations and effective way to promote traffic safety?

Answer 8

Yes.

Question 9

MV

2020 study

How many deaths?

How man injuries?

Answer 9

327 deaths

24,313 injuries

Question 10

Does a written warning result in any consequences to the motorist?

Answer 10

No. There are no consequences to the motorist.

Question 11

Why are documented warnings preferred?

Answer 11

They corroborate the time, place, and reason for the stop.

Question 12

Officers may give the driver a verbal warning, which is (blank) documented on a citation.

Answer 12

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.

Question 13

(Blank) draws a fine known as a scheduled assessment.

Answer 13

A Civil Motor Vehicle Infraction

Question 14

A civil motor vehicle infraction draws a fine known as a :

Answer 14

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.

Question 15

Officers must add $5 to every chapter (blank) and (blank) fine.

Answer 15

89 and 90

Question 16

Who are citations for criminal offenses processed by?

Answer 16

The courts

NOT the rmv

• The citation serves as the application for a complaint.

Question 17

If the officer includes a CMVI and criminal violation on the same citation, the citation is processed through:

Answer 17

the courts.

Question 18

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:

Answer 18

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.

Question 19

Does a jury ever rule on whether a violator is responsible for a CMVI?

Answer 19

No.

Question 20

An arrest for a motor vehicle offense is processed like a:

Answer 20

criminal complaint.

Question 21

MV

In general, officers have the right to arrest without a warrant for:

1. Any felony on probable cause
2. 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?

Answer 21

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

Question 22

For arrest purposes, “in presence” means that officers are able to:

Answer 22

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.

Question 23

The statute of limitation for criminal vehicle offenses is:

Answer 23

6 years.

A prosecution is NOT considered to commence when the citation is issued, only at the time a court issues the complaint.

Question 24

How long is the statute of limitations for criminal vehicle offenses?

Answer 24

6 years.

Question 25

MV- Discretion

90C sec 2 mandates that officers indicate whether the citation is a: (4)

Answer 25

1. Written warning
2. CMVI
3. Criminal complaint application
4. Arrest

Question 26

When officers issue a citation, they must:

Answer 26

retain a copy.

The other 3 copies must be turned in at the end of their tour of duty for appropriate distribution.

Question 27

When officers issue a citation, they must retain a copy. When must the other 3 copies must be turned in?

Answer 27

at the end of their tour of duty

Question 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:

Answer 28

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.

Question 29

MV: Discretion

May officers combine citation types?

Answer 29

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.

Question 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.

Answer 30

True.

Question 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(

Answer 31

1. Type of driving behavior- Most important
2. Driver history
3. Driver reaction to violation
4. Economic situation.

Question 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

Answer 32

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.

Question 33

Should officers base their enforcement decisions solely on the reaction of the motorist?

Answer 33

No.

Motorists, for a variety of reasons, should be given some latitude to vent about getting a ticket. Be understanding.

Question 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:

Answer 34

a locked area until they are mailed to the registry or brought to court for processing.

Question 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?

Answer 35

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.

Question 36

There are only two legal ways to deal with an improperly issued citation:

Answer 36

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.

Question 37

1. Void the citation because it was improperly issued, spoiled, or mutilated. The issuing officer must immediately send the citation to:

There are only two legal ways to deal with an improperly issued citation:

Answer 37

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.

Question 38

“Fixing” tickets is always:

Answer 38

an Ethical Violation
- and depending on the officer’s role, possibly a crime.

Tell them to request a hearing.

Question 39

If a motorist rips up a Massachusetts Uniform Citation, he should be charged with:

Answer 39

Littering.

NOT unlawful disposal.

He should be re-issued a new citation.

Question 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.

Answer 40

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.

Question 41

True or false?

Officers from non- state affiliated colleges and universities are not authorized to issue citations for CMVIs.

Answer 41

True. They are NOT authorized.

Question 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:

Answer 42

public ways that adjoin or connect campus facilities.

Question 43

State University/ College Police Officers:

Do they have the authority to issue citations for CMVIs?

Answer 43

Yes. (committed within the boundaries of their respective campuses.)

Question 44

Deputy sheriffs may enforce all CMVIs, but they may not:

Answer 44

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

Question 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.

Answer 45

True.

Question 46

Citation Service:

When must officers give a copy of the citation to the violator?

Answer 46

At the time and place of the violation.

Question 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)

Answer 47

1. Provide the violator with notice of the violation; and
2. Prevent the manipulation of “fixing” or traffic citations.

Question 48

Citation Service:

Means of service: (3)

Answer 48

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).

Question 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?

Answer 49

Yes.

Question 50

When is it acceptable to mail a citation?

Answer 50

If the violator is not available or, at the time of the incident, could not be stopped.

Question 51

Citation Service:

Officers issuing citations must sign them to certify that they have been issued. In the case of an agent, officers must:

Answer 51

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.

Question 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:

Answer 52

discard the envelope.

Question 53

Citation Service:

Only exceptions to immediate citation service: (4)

Answer 53

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.

Question 54

Citation service delay is typically not excused. Who is the burden on to justify any delay?

Answer 54

the police and prosecutor.

Question 55

Citation service delay is typically not excused. What is the consequence of an unexcused delay in service?

Answer 55

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.

Question 56

Officer’s verbal notice that investigation will continue is relevant, but will not justify:

Answer 56

every delay.

Question 57

Does an initial citation for come violations cover later citation for other offenses?

Answer 57

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.

Question 58

Citation Service:

Are police administrative delays (days off, or other absence from duty) excuses for delay?

Answer 58

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.

Question 59

Can citizens seek complaints in District court for any offense, including traffic offenses?

Answer 59

Yes.

Question 60

Citation Service:

True or false?

Citizen- initiated complaint may not make up for delay in service.

Answer 60

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.

Question 61

Citation Service: Methods to avoid delayed citation dismissals:

Include all civil criminal offenses reasoably revealed in the (blank)

Answer 61

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.

Question 62

Citation Service:

What are most dismissals due to?

Answer 62

time spent waiting for the hospital records to be subpoenaed by the prosecutor.

(search warrant= preferred method, or also subpoena)

Question 63

Citation Service:

As a final safeguard, the investigator should tell the defendant that the investigation is continuing, and:

Answer 63

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.

Question 64

Citation Service:

True or false?

Dismissal only applies to citation service- not registry filing.

Answer 64

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

Question 65

Citations:

When must Written Warnings and all CMVI citation RMV copies be delivered to the registry?

Answer 65

within 6 business days

Question 66

When must citations for criminal violations be delivered to the district court?

Answer 66

Within 6 court business days.

Question 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.

Answer 67

20 days

Question 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.

Answer 68

preponderance of evidence

Question 69

Written warnings and all CMVI:

Citation copies to: (4)

Answer 69

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.

Question 70

Citations for criminal offenses:

For criminal violations, a violator may request a show cause hearing before a clerk/ magistrate within (blank) days.

Answer 70

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.

Question 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.

Answer 71

judge; preponderance of evidence.

Question 72

Bias-Free Policing:

Officers are NOT expected to ask a motorist what racial category they fall into. Instead, officer should:

Answer 72

use their judgement.

Note: The six race codes are derived from the U.S. Census Bureau and the National Crime Information Center.

Question 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…”

Answer 73

“A” for Asian or Pacific Islander

Question 74

Bias-Free Policing:

Six Race Codes:

Any person whose ancestry is any of the original peoples of sub-Saharan Africa

Answer 74

“B” for Black

Question 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.

Answer 75

“H” for Hispanic

Question 76

Bias-Free Policing:

Six Race Codes:

Any person whose ancestry is any of the original peoples of the North.

Answer 76

“I” for American Indian or Alaskan Native

Question 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.

Answer 77

“M” for Middle Eastern or East Indian

Question 78

Bias-Free Policing:

Six Race Codes:

Any person whose ancestry is any of the original peoples of Europe.

Answer 78

“W” for White.

Question 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.

Answer 79

mailed citation.

Question 80

Citations: Bias Free Policing:

Motorist Objection:

If an officer inadvertently marks the wrong race code, and the operator objects, the officer may:

Answer 80

change it, and put his initials on the citation.

The officer should then submit a report indicating the reason for the change.

Question 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?

Answer 81

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)

Question 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)

Answer 82

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)

Question 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:

Answer 83

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.

Question 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:

Answer 84

illegally influenced by a person’s race, ethnicity, disability, religion, immigration status, gender, sexual orientation, gender identity, or socioeconomic/professional level.

Question 85

Bias- Free Policing

Officers must be personally and professionally committed to:

Answer 85

impartial policing.

Question 86

In addition to conscious discrimination, out SJC has declared that officer must avoid:

Answer 86

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

Question 87

Unconscious (sometimes called “implicit”) bias describes a psychological condition that:

Answer 87

affects ALL human beings.

Question 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.

Answer 88

Unconscious (sometimes called “implicit”) bias.

-Which is a psychological condition that affects ALL human beings

Question 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:

Answer 89

“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.

Question 90

What is the key to disproving bias during a hearing in response to a defendant’s allegation?

Answer 90

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)

Question 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:

Answer 91

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.

Question 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

Answer 92

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.

Question 93

What ends up being the most persuasive rebuttal to an allegation of bias?

Answer 93

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

Question 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:

Answer 94

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.

Question 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?

Answer 95

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.

Question 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:

Answer 96

“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.

Question 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?

Answer 97

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.

Question 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?

Answer 98

Yes.

Most of the time, with some preparation, a prosecutor can discredit the statistical assumptions and conclusions presented.

Question 99

Allegations of Bias: Rebuttal factors:

Is the officer’s vantage point prior to the stop relevant?

Answer 99

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.

Question 100

Allegations of Bias: Rebuttal factors:

Running plates: Officers may check the status of registrations at any time, as long as they are not:

Answer 100

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.

Question 101

Allegations of Bias: Rebuttal factors:

Running plates:

If possible, when should the officer run the plate?

Answer 101

AFTER communicating an intent to stop the vehicle.

The order of events is key.

Question 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)

Answer 102

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.

Question 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:

Answer 103

infer officer bias.
(ex. stop for driving on sidewalk vs stop for defective plate cover)

Question 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:

Answer 104

-another witness who saw it
-a photo of the equipment violation or improper sticker, etc.

Question 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.

Answer 105

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.”

Question 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.

Answer 106

“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

Question 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:

Answer 107

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.

Question 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:

Answer 108

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.

Question 109

Essential Elements of Moving Violations:

What are the three basic elements?

Answer 109

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)

Question 110

Essential Elements of Moving Violations:

Element 1: Motor vehicle

Definition:

Answer 110

“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

Question 111

Are motorized bicycles (“mopeds”) motorized scooters, and electric bicycles considered “Motor Vehicles”?

Answer 111

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.

Question 112

“all vehicles constructed and designed for propulsion by power other than muscular power” including those pulled or towed.

Answer 112

Motor Vehicle.

Question 113

2: Certain Construction Equipment-

Excluded from the definition of Motor Vehicle:

“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.”

Answer 113

12 miles per hour

Question 114

1. Railway or Trolley: Railway, trolley, trackless trolley, or other vehicles on tracks are not motor vehicles

Excluded from definition of motor vehicles:

However, the exception for trackless trolleys shall NOT apply to :

Answer 114

90 Sec. 17 - Speeding

90 Sec. 21-Suspended

90. Sec. 24- OUI, Operating to Endanger, Leaving the scene
91. Sec 25- Failure to stop, Identify etc

90 Sec. 26- Leaving the scene

Question 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 :

Answer 115

cars, motorcycles, or in some other obvious kind of vehicle.

Question 116

Essential Elements of Moving Violations:

Element 2: Operation:

Definition:

Answer 116

“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.

Question 117

Essential Elements of Moving Violations:

Element 2: Operation:

2 ways to prove:

Answer 117

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)

Question 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:

Answer 118

(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.

Question 119

Essential Elements of Moving Violations:

Element 3: Public Way

Proof of Public Way: (2)

Answer 119

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.

Question 120

May Officers conduct traffic stops and issue citations for infractions in mall parking lots?

Answer 120

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.

Question 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

Answer 121

the local traffic board.