8-2 Stopping Motorists

Policy Type: Local

Responsible Office: Chief of Police, Virginia Commonwealth University Police Department

Initial Policy Approved: 1/30/2014

Current Revision Approved: 7/1/2021

General

The purpose of this directive is to establish the policy and procedures for safely stopping motorists. In order for a traffic stop to be legal under the Fourth Amendment, the law enforcement officer must have articulable reasonable suspicion to believe that the operator of the motor vehicle, the occupants of said vehicle, or the motor vehicle itself is in violation of the law.

The department is committed to providing officers with the proper guidelines for safely stopping motorists as described herein. The primary concern of the officer initiating the vehicle stop must be the safety of the driver and their passengers, the safety of the general public, as well as the safety of the officer.

Accountability Statement

All employees are expected to fully comply with the guidelines and timelines set forth in this written directive. Failure to comply will result in appropriate corrective action. Responsibility rests with the division commander to ensure that any policy violations are investigated and appropriate training, counseling and/or disciplinary action is initiated.

Procedures

Dispatch Procedures
1. When an officer first observes a vehicle that they have reasonable suspicion for stopping, the officer shall notify Dispatch and provide them with all of the following:
  1. The license plate of the vehicle, including the issuing state
  2. Make and color of vehicle
  3. The location of the stop
  4. The number of occupants that can be seen (if more than one)
  5. The initial reason for the stop
2. If the driver of the vehicle does not acknowledge the officer’s direction to stop or increases speed in an attempt to elude, the officer shall immediately notify Dispatch. At this time, all other non- emergency radio transmissions shall cease to allow uninterrupted communication between Dispatch and the officer.
3. Dispatch shall immediately advise a supervisor of the circumstances and ensure that they monitor the situation.
Motor Vehicle Stops by Unmarked Police Units:
1. The regular use of unmarked vehicles for traffic enforcement purposes is only permitted by uniformed officers. Plainclothes officers are not permitted to use an unmarked car for traffic enforcement. Only under extreme emergency situations and with supervisor approval, shall a plainclothes officer in an unmarked police unit attempt to stop a motor vehicle without the assistance of a marked unit.
  1. Unmarked vehicles must be equipped with an emergency light and siren when stopping traffic violators. Unconventional vehicles will not be used for traffic enforcement.
2. The operator of an unmarked police unit, if not in uniform, shall request the assistance of a marked police unit whenever attempting to stop a motor vehicle. The unmarked unit shall maintain a safe distance while communicating with Dispatch as to the description and location of the vehicle in question.
Motorists' Safety:
1. Particular care must be taken to ensure the safety of the motorist and their passengers, so that they are not endangered by any action of the police officer.
  1. In attempting to stop a motorist, the officer shall turn on the police vehicle’s emergency lights and use a short blast from the horn and/or the siren, simultaneously, in an attempt to attract the motorist’s attention.
  2. Officers will follow at sufficient distance to avoid a collision with the vehicle being stopped.
  3. If the motorist still does not respond, the officer shall use the police vehicle’s emergency lights and the air horn and/or the siren until the vehicle is stopped.
  4. On stops made after dark, the officer will use the high beams and spotlight aimed at the driver's rearview mirror to provide a "wall of light" for the safety of the officer.
  5. Once the vehicle has stopped, the officer shall discontinue the use of the horn and/or the siren. The police vehicle’s emergency lights shall remain on for the entire duration of the stop.
2. Many motorists may not respond correctly to warnings or directions given to them. Some motorists may refuse to stop out of fear until they are in a well-lit area. The presence of a hearing-impaired driver must also be taken into consideration.
3. When stopping a motorist, the safety of the operation must take precedence over the speed of the operation. Whenever possible, the officer should make every effort to initiate the stop in a well-lit area and in a location that will enable both the officer and the motorist to stop completely off the traveled roadway.
Safety of the General Public:
1. The officer must take all necessary precautions to ensure the safety of other motorists and pedestrians who may be affected by the officer’s actions.
2. Forcing vehicles from the roadway is strictly prohibited.
3. Forcible stopping or ramming of vehicles is strictly prohibited.
Safety of the Officer:
1. It is the duty of an officer to expedite the safe and efficient flow of traffic. To protect him/herself as well as others on the highway, an officer should take all of the following precautions:
  1. Avoid stopping motorists on roadways where both vehicles cannot be removed entirely from the road to a safe area.
  2. If a safe, off-the-road parking area cannot be found and a motorist must be stopped on the roadway, select a spot away from the crest of a hill or the point of a curve in plain view of approaching traffic. Try to avoid stopping at intersections.
  3. Keep a close watch on the vehicle to be stopped for slowing or other change of speed or direction.
  4. Park approximately 10-15 feet to the rear and approximately three feet to the left of the motorist. The officer should stop their vehicle angled in such a way as to provide themselves with a three-foot safety zone by placing the vehicle’s engine between them and the stopped motorist and for ease of exiting.
  5. Keep the engine idling until fully satisfied that the driver will not drive off.
  6. Turn the steering wheel to the left.
  7. If available, direct the spotlight on the officer’s vehicle to the exterior driver’s side rearview mirror in an attempt to illuminate the inside of suspect’s vehicle.
  8. Prior to affecting an arrest, the officer shall immediately notify Dispatch and request assistance if, upon approaching a stopped vehicle with one or more occupants, a wanted subject is identified inside the vehicle.
Standard Stopping Procedures:
1. When signaled to stop by a police officer, most motorists will comply by stopping in the designated area. However, the officer should retain a position to the rear of the motorist. The officer should remain alert for abrupt stopping or acceleration movements. As the motorist slows to a halt, the officer should also slow down, retaining enough momentum to leave the pavement and park to the rear and slightly to the left of the parked motorist.
2. If the motorist attempts to escape/elude and a pursuit ensues, both the emergency lights and the siren must be activated.
  1. See Written Directive 6-6 Vehicle Pursuits for additional information.
3. If no attempt is made to escape/elude, the officer should check traffic before exiting the police vehicle and maintain eye contact on the stopped vehicle, as well as all occupants therein.
4. Officers shall always make a careful check of traffic conditions before any maneuver is executed in traffic.
5. Only under extreme emergency situations and due to unique investigatory situations should an officer pull abreast of the motorist.
Basic Procedures When Stopping Motorists:
1. Prior to the officer exiting the police vehicle, officers shall provide Dispatch with all of the following:
  1. The license plate of the vehicle and the issuing state
  2. The exact location of the stop
  3. Make and color of the vehicle stopped
  4. The number of occupants that can be seen, if more than the driver
  5. The initial reason for the stop
  6. If at any time the vehicle or an occupant becomes suspicious to the officer, they will notify Dispatch immediately
2. Upon approach, the officer must visually scan the vehicle and perform all of the following:
  1. Visually check the rear of the vehicle for anything that may be out of the ordinary.
  2. Be aware of the number of occupants and any activity going on inside the vehicle
  3. Visually scan the interior of the vehicle upon approach and maintain a safe distance from the vehicle’s doors in case of unexpected opening.
  4. In a polite and courteous manner, the officer shall provide the driver with their name and department, explain the reason for the stop, and request the vehicle’s registration and the driver’s license from the driver.
  5. The officer should return to their police vehicle and verify the information contained on the license and registration using the vehicle’s mobile data computer (MDC). The officer shall also check wanted and stolen information. If the police vehicle is not equipped with an MDC, or it is not functioning properly, the officer shall request a driver’s license check, a vehicle check and a wanted/stolen check on the driver and vehicle from Dispatch.
  6. Upon returning to the motorist’s vehicle, it is essential that the officer explain what the officer’s actions will be (i.e., issue a summons, written warning, etc.).
  7. Upon the issuance of a summons, the officer shall fully explain the rights and requirements imposed on motorists. If the enforcement action requires a court appearance, the officer must inform the motorist of where and when to appear. Explain any alternatives to court appearance to the motorist, but do not predict the actions of the court or quote fines.
    1. If any person refuses to give such written promise to appear under the provisions of this section, the arresting officer shall give such person notice of the time and place of the hearing, note such person's refusal to give their written promise to appear on the summons, and forthwith release them from custody (see Va. Code § 46.2-936).
  8. The officer should take appropriate enforcement action designed to favorably alter the driver's future driving habits. Answer the motorist’s questions politely and correctly without lecturing or arguing. If the motorist is at all confused by the violation, the officer should ensure that they understand. Officers shall maintain control over the situation and facilitate a professional interaction at all times.
  9. Return the motorist’s vehicle registration and driver’s license, and provide them with a VCU Stop Card.
  10. If needed, assist the motorist with safely re-entering the traffic flow.
  11. As required by the Virginia Community Policing Data Collection Act, at the conclusion of the nonconsensual stop, the officer must relay to Dispatch all of the following information for all person(s) stopped, based on the officer’s observation or information provided to the officer by the person(s) stopped (see pages 13-14 for additional information regarding the Virginia Community Policing Data Collection Act):
    1. Race
    2. Ethnicity (Hispanic or Latino, Not Hispanic or Latino, or Unknown)
    3. Age
    4. Gender
    5. Whether the person stopped spoke English
    6. Whether a warning, written citation or summons was issued or whether any persons were arrested
    7. If a warning, written citation or summons was issued or an arrest was made, the warning provided, violation charged or crime charged
    8. Whether the vehicle or any person therein was searched
    9. Whether the law-enforcement officer used physical force against any person
    10. Whether any person used physical force against any officer(s)
    11. NOTE:
  12. As CAD only permits a maximum of six (6) disposition codes to be assigned to an active event, reporting officers must adhere to the following procedures to ensure that all of the above required information is timely provided to Dispatch at the conclusion of the stop:
    1. The reporting officer will clear the all with the first six (6) disposition codes
    2. The Dispatcher will subsequently ask the reporting officer whether they have any additional clearing codes to provide for the required Community Policing Data (see (k)(1- 10) above)
    3. If the officer has additional codes to provide, the Dispatcher will have the officer standby until they close and then reopen the call in the backend entry format
    4. The Dispatcher will then direct the officer to provide the remaining codes for entry
3. No law-enforcement officer may lawfully conduct a motor vehicle stop solely based on a violation(s) of any of the following. Any evidence discovered or obtained as the result of a stop in violation of the below sections, including evidence discovered or obtained with the operator's consent, is deemed inadmissible in any trial, hearing, or other proceeding:
  1. § 15.2-919 - Regulations of motorcycle, moped, or motorized skateboard or scooter noise
  2. § 46.2-334.01 - Restrictions on learner’s permits or driver’s licenses issued to persons less than 18 years old
  3. § 46.2-335 - Learner's permits; fees; certification required
  4. § 46.2-646 - Expiration and renewal of registration
    1. NOTE: An officer is permitted to conduct a stop for a violation of this section on or after the first day of the fourth month after the original expiration date.
  5. § 46.2-810.1 - Smoking in vehicle with a minor present
  6. § 46.2-1013 - Tail lights
  7. § 46.2-1014 - Brake lights
    1. NOTE: A law-enforcement officer may stop a vehicle if it displays no brake lights that meet the requirements set forth in § 46.2-1014(A).
  8. § 46.2-1014.1 - Supplemental high mount stop light
  9. § 46.2-1030 - When lights to be lighted; number of lights to be lighted at any time; use of warning lights
  10. NOTE: A law-enforcement officer may stop a vehicle if it displays no lighted headlights during the time periods set forth in § 46.2-1030(A).
  11. § 46.2-1052 - Tinting films, signs, decals, and stickers on windshields, etc.
  12. § 46.2-1054 - Suspension of objects or alteration of vehicle so as to obstruct driver's view
  13. § 46.2-1094 - Occupants of front seats of motor vehicles required to use safety lap belts and shoulder harnesses
  14. § 46.2-1157 - Inspection of motor vehicles required
    1. NOTE: An officer is permitted to conduct a stop for a violation of this section on or after the first day of the fourth month after the original expiration date.
  15. § 46.2-1300 – Powers of local authorities generally; erection of signs and markers
    1. NOTE: No law-enforcement officer shall stop a motor vehicle for a violation of a local ordinance relating to the ownership or maintenance of a motor vehicle unless such violation is a jailable offense.
  16. Officers are prohibited from conducting a stop solely on the basis of an odor of marijuana. This prohibition does not apply in any airport as defined in § 5.1-1 or if the violation occurs in a commercial motor vehicle as defined in § 46.2-341.4.
4. Types of Enforcement Actions:
  1. Written Warnings – Officers may issue a written warning to a violator whenever a minor traffic infraction is committed in areas where traffic accidents are minimal, or when the act may be due to ignorance of a local ordinance which may be a unique violation or a violation of which the driver may not be aware due to newly enacted laws and/or regulations. In their discretion, officers must recognize that a properly administered warning can be more effective than any other type of enforcement.
    1. NOTE: Officers may no longer issued verbal warnings, only written warnings, following a nonconsensual motor vehicle stop.
  2. Virginia Uniform Summons – A Virginia Uniform Summons shall be issued to a violator who jeopardizes the safe and efficient flow of vehicular and pedestrian traffic, including hazardous moving violations or operating unsafe and improperly equipped vehicles.
  3. In compliance with Va. Code § 46.2-940, officers shall make a physical arrest and take the violator before a magistrate when the officer believes either of the following:
    1. The violator has committed a felony
    2. The violator is likely to disregard the summons issued under Va. Code § 46.2-936 (arrest for misdemeanors)
5. Application of the aforementioned enforcement actions can be considered for most classifications of violations. The following is a list of types of violations and acceptable enforcement actions:
  1. Driving Under the Influence (DUI)
    1. The officer will observe the behavior of the operator to evaluate the ability to operate the vehicle safely, to include a field sobriety test if appropriate.
    2. If the operator is believed to be under the influence of alcohol or drugs to the extent that further operation of the vehicle would pose a hazard, the officer will place the operator under arrest and advise of the implied consent law under Va. Code § 18.2-268.2.
    3. If the operator refuses to be tested, the procedures described in Written Directive 8-4 DIU/DUID based on Va. Code § 18.2-268.3 will be followed.
  2. Driving with a Revoked/Suspended Operator’s License – A Virginia Uniform Summons may be issued when an officer has stopped a vehicle and identified the operator as driving with a revoked or suspended operator’s license (Va. Code § 46.2-301).
  3. Speeding – A violator may be issued a Virginia Uniform Summons or given a written warning. The use of speed measuring devices is outlined in Written Directive 8-5 Speed Measuring Devices.
  4. Hazardous Violations (Example: reckless driving, following too closely, disregarding traffic signals of highway signs) - A violator may be issued a Virginia Uniform Summons or given a written warning.
  5. Equipment and Non-Hazardous Violations – Depending upon the nature and severity of the violation and its relationship to the cause of any accident, the officer may use their discretion in determining the appropriate enforcement action. A violator may be issued a Virginia Uniform Summons or given a written warning.
    1. NOTE: Refer to the lawful stop restrictions cited in section (G)(3)(a-o) above.
  6. Off-Road Vehicle Violations – Any officer who observes an unlicensed off-road vehicle that cannot legally operate on the public highways, being operated on the highway, shall order the vehicle to be removed and take appropriate enforcement action. A violator may be issued a Virginia Uniform Summons or given a written warning.
  7. Public Carrier/Commercial Vehicle Violations – Generally regulatory in nature, the laws governing the public carriers and commercial vehicles are designed to instill confidence in the public who use highways for commercial purposes. A violator may be issued a Virginia Uniform Summons or given a written warning. Issuance of written warnings should be limited to those occasions when the violator is unaware of the violation.
  8. Multiple Violations – Officers may issue summonses for all appropriate violations (One summons per charge).
  9. Secondary Violations – The Code of Virginia contains certain violations that are secondary offenses. Each of these Code sections contains the requirement that, “no citation for a violation of this Code section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.” In an effort to maintain uniformity in the enforcement of secondary violations and to reemphasize operational policy, all officers are expected to adhere to the following procedures when enforcing secondary violations:
    1. Upon observation of a primary violation, such as speeding while on patrol, or while conducting a checking detail and the subsequent identification of a secondary violation, the following enforcement action shall be taken:
      1. Issue a written warning for both violations
      2. Issue a citation for both offenses
      3. Issue a citation for the primary violation and a written warning for the secondary violation
    2. While investigating a motor vehicle crash, if evidence is developed that supports a primary charge, such as following too closely, and an applicable secondary violation is identified, the following enforcement action shall be taken:
      1. Issue a citation for both violations
      2. Issue a citation for the primary violation and warn for the second violation
    3. Any citation issued for one of the aforementioned Code sections must be predicated on a primary violation, and in order to issue a citation for the secondary violation, a citation must be issued for the primary violation.
    4. Under no circumstances during routine enforcement activities or the investigation of a motor vehicle crash shall a citation be issued for a secondary offense and not for the primary offense.
  10. Newly enacted laws and/or regulations – The officer may use their discretion in determining the appropriate enforcement action. A violator may be issued a Virginia Uniform Summons or given a written warning.
  11. Pedestrian and Bicycle Violations – When applicable, laws governing pedestrians and bicycles shall be enforced when such action will tend to prevent accidents. A violator may be issued a Virginia Uniform Summons or given a written warning.
    1. NOTE: A law-enforcement officer is prohibited from stopping a pedestrian for a violation of the Code of Virginia § 46.2-926: Pedestrians stepping into highway where they cannot be seen. No evidence discovered or obtained as the result of a stop for this violation, including evidence discovered or obtained with the person's consent, shall be deemed inadmissible in any trial, hearing, or other proceeding.
    2. If the motorist is charged with a violation, the officer shall verbally provide information relevant to the specific charge to include all of the following:
  12. Whether court appearance by the motorist is mandatory
    1. If so, the date, time and address for the appearance in court
  13. The court’s phone number so the motorist may determine whether they may be allowed to enter a plea and pay the fine in advance of the court date
  14. A statement explaining that signing the summons is not an admission of guilt to the charge. It is a promise to appear at the date and time in the court indicated
Handling Special Categories of Violators:
1. Non-Residents – Officers may consider the use of warnings for non-residents who commit minor, non-hazardous violations or, if appropriate, officers may arrest non-residents by issuance of a summons. If the circumstances of Va. Code § 46.2-940 apply, the officer shall take non-resident violators directly before a magistrate.
2. Juveniles
  1. An officer may issue a summons to a juvenile for violations of each of the following:
    1. Traffic laws
    2. Status offenses
    3. Class 3 and 4 misdemeanors
  2. A photocopy of page one of the summons shall be mailed to the parent or legal guardian within five days after a juvenile is issued a summons in lieu of a petition for a Class 3 or 4 misdemeanor.
  3. Whenever a juvenile has been charged with a violation of Va. Code § 18.2-266 or § 18.2-266.1 (DUI) of and released to a parent or guardian on a summons, a Subpoena for Witness form shall be issued to the parent or guardian. When a juvenile is charged with Va. Code § 18.2- 268.3 or § 29.1-738.2 (refusing blood or breath test), the officer shall obtain a warrant from the magistrate and execute it as a summons on both the juvenile and the parent.
  4. Juvenile traffic offenders are prosecuted in Juvenile and Domestic Relations Court and that must be noted on the summons. Officers issuing a traffic summons to juvenile offenders shall advise them of their options regarding prepayment or court appearance and that a parent or guardian must accompany them when they appear before the court.
3. Foreign Diplomats
  1. Ambassadors and ministers are the highest-ranking diplomatic representatives of a foreign government. These officials, their families, official staff, and servants (who are neither citizens nor permanent residents of the United States) are accorded total immunity from any local process, including a traffic summons.
  2. Consular officers of foreign governments are accorded limited immunity from local process, in that they may be arrested for having committed a grave felony that endangers public safety. Consular officers may be issued a traffic summons; however the officer should consider the nature and severity of the offense. Family members and staff personnel of consular officers are not immune from local process.
  3. Any diplomatic officer who has placed themselves in a position which would normally require an arrest (such as DUI) may be detained without restraint for their own safety and that of others until arrangements can be made to ensure their return to a place of residence.
  4. All such incidents shall be reported through the chain-of-command to the Chief of Police, who shall initiate measures to notify the Office of Protocol of the Department of State in order to prevent any recurrence of the offense. For additional information, refer to Written Directive 6- 12 Procedures for Consular Notification of Foreign Nationals.
4. Military Personnel – For the purposes of this directive, military personnel shall include regular members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and reservist or national guardsmen on active duty. Generally, military personnel are handled as non-residents or, if from this area, as residents. When it becomes necessary to physically arrest a member of the armed forces, or when a member of the armed forces is killed or injured to the extent that hospitalization is required, the officer handling the situation shall initiate procedures to cause a teletype notification to be sent to appropriate military authorities.
  1. NOTE: Home state operator’s licenses of military personnel do not expire until 90 days after their separation from active duty.
5. Legislators
  1. Except for treason, felony or breach of the peace, members of the Virginia General Assembly, clerks and their assistants are privileged from arrest during any session of the Assembly and five days before and after any session.
  2. Except for treason, felony or breach of the peace, members of the United States Congress are privileged from arrest during any session of Congress and fifteen days before and after any session.
  3. As the privilege pertains to traffic enforcement, any officer encountering a legislator who has committed a traffic violation during the specified times shall immediately release the legislator and make arrangements to serve a summons at a later date at the officer’s discretion.
Identification and Referral of Drivers Recommended for Re-Examination by Drivers Licensing Authorities:
1. At times, routine traffic law enforcement, accident reporting and investigation activities lead to the discovery of drivers who have suspected incompetence, physical or mental disability, disease, and/or other conditions that might prevent the driver from exercising reasonable and ordinary care over a motor vehicle.
2. Officers wishing to recommend a driver for re-examination by drivers licensing authorities shall complete a Medical Review Request (DMV form – MED 3) and send the completed request to DMV’s Medical Review Services which contains specific reasoning for the recommendation and shall include, at a minimum all of the following:
  1. A specific description of all of the events leading to the decisions to make the recommendation
  2. Requester’s information, including contact information
  3. Complete driver’s license information for the recommended driver
Stopping Security/Armored Vehicles: Occasionally, it may become necessary for officers to stop an armored vehicle while it is traveling through the campus. In order to ensure that the security of the armored vehicle is not violated unnecessarily, all of the following procedures shall be followed:
1. When stopping an armored vehicle, the officer must advise Dispatch of the company’s name and license number of the armored vehicle and the location of the stop.
2. On any traffic stop in which the officer intends to release the driver on a Virginia Uniform Summons, the driver will not be requested to exit the armored vehicle.
3. The driver of the armored vehicle will pass their driver’s license and registration card to the officer through the gun port on the driver’s door.
4. The officer will complete the summons, remove it from the book and pass it to the driver through the gun port.
5. The driver will sign the summons and pass it back to the officer through the gun port. The driver’s copy of the summons will then be passed back to them.
6. If for some reason (such as DUI, Hit and Run, etc.) the officer has to request the driver to exit the vehicle, all of the following procedures shall apply:
  1. The officer will notify their supervisor to respond to the scene.
  2. The officer will request the driver to notify their company supervisor to also respond. If the armored vehicle is not equipped with a two-way radio or if the driver refuses to notify their supervisor, the officer will request Dispatch to contact the driver’s supervisor or company representative to respond.
  3. The police officer will not request the driver to exit the vehicle until both supervisors are present.
7. In case of an accident in which the occupants of the armored vehicle are incapable of protecting their load, the officer on the scene shall notify their supervisor to respond. The supervisor will be responsible for ensuring that the cargo is protected until officials of the armored car company can respond and secure it.
Stopping a Known (High Risk) or Suspected Felon (Unknown Risk):
1. Special procedures shall be used in vehicle stops when the occupants are reasonably believed to be armed and dangerous. When an officer locates a vehicle driven by a known or suspected felon, the officer shall immediately notify Dispatch of the suspect’s location and give a thorough description of the vehicle and its occupants. The officer shall keep the suspect vehicle in view and request sufficient assistance in making the stop.
2. The officer shall keep support units informed of the suspect’s location and direction of travel to aid their approach with minimal use of emergency equipment. The suspect vehicle should not be stopped unless absolutely necessary until adequate support is available and in position; however, circumstances may dictate a one-officer felony vehicle stop.
3. All of the following procedures should be used in performing the stop:
  1. The officer shall plan to stop the suspect vehicle in a location that presents minimal danger to other citizens.
  2. When conditions are appropriate and support units are available, the officer shall signal the violator to stop, using all emergency equipment to alert the driver.
  3. The violator should be stopped on the extreme right side of the road.
  4. When the suspect vehicle begins to stop, the officer should turn off the siren and turn on the public address system, if available.
  5. The officer shall park the patrol vehicle so that it provides maximum protection and cover.
  6. If the violator is known to be armed and dangerous, the officer shall have their weapon easily accessible and ready for immediate use.
  7. At night, the officer shall focus all lights on the interior of the suspect vehicle.
  8. The officer making the stop is in command, and shall direct each occupant using the public address system, if available, to get each occupant out of the vehicle and into the appropriate search position using the following procedures, as appropriate:
    1. Once suspects are stopped, the officer shall order the driver to shut off the motor and remove the keys from the ignition, if applicable.
    2. If there is no driver, the officer shall order the passenger to remove the keys from the ignition, if applicable.
    3. The officer shall then order the occupants to place their hands, palms up, on the roof or windshield of the vehicle.
    4. The officer shall then order the driver to exit the vehicle extending their arms over their head and palms facing the officer.
    5. The officer shall then order each occupant to exit the vehicle one at a time extending their arms over their heads and palms facing the officer.
    6. The occupants shall be directed to walk backward toward the officer, turn for a visual search and then ordered to lie face down on the ground, arms extended out from their side with their palms up.
    7. If a public address system is not available, the officer shall give voice commands from behind the open door of the police vehicle while maintaining sufficient cover.
    8. The initial officer shall instruct any assisting officers, as appropriate, and shall be the only officer to direct the suspects.
    9. An assisting officer shall approach the suspect driver that has been removed from the vehicle. The officer shall either handcuff the driver quickly or perform the same on the passenger if there is no driver and obtain the vehicle’s keys. If there is reasonable suspicion for the officer to believe that the individual is armed and dangerous, then the officer shall conduct a pat down for weapons and move the individual to a safe area.
    10. The assisting officers shall cover the initial officer and remain on the curb side of the vehicle until all occupants have been removed from the vehicle.
    11. All arrestees shall be handcuffed and thoroughly searched before transportation
    12. The assisting officer shall use the keys to clear the trunk area when any of the following apply:
      1. There is an arrest
      2. Probable cause exists to search the vehicle
      3. The vehicle is going to be towed and an inventory search is required
      4. NOTE: If at any point during the traffic stop, the driver or vehicle operator attempts to flee, the officer shall disengage from the vehicle’s driver and take measures to safely move away from the vehicle. The officer shall then notify Dispatch that the vehicle operator is attempting to flee the scene and shall return to their patrol vehicle and follow existing procedures for motor vehicle pursuits (see Written Directive 6-6 Vehicle Pursuits). Officers are advised not to reach into an occupied running vehicle to remove either the vehicle’s keys or the suspect(s).

Community Policing Act Data Collection (Va. Code §§ 9.1-191, 15.2-1609.10, 15.2-1722.1, 52-30.1 to 52-30.4)

The Community Policing Act requires that each time a law-enforcement officer, sheriff, deputy sheriff or State Police officer stops a driver of a motor vehicle, stops and frisks a person based on reasonable suspicion, or temporarily detains a person during any other investigatory stop, the officer shall collect all of the following data, based on the officer’s observation or information provided to the officer by the driver, for all persons stopped:
1. The race, ethnicity, age and gender of the person stopped
2. Whether the person(s) stopped spoke English
3. The reason for the stop
4. The location of the stop
5. Whether a warning, written citation, or summons was issued or an arrest was made, the warning provided, violation charged, or crime charged
6. If a warning, written citation, or summons was issued or an arrest was made, the warning provided, violation charged, or crime charged
7. Whether the vehicle or any person therein was searched
8. Whether the law-enforcement officer used physical force against any person and whether any person used physical force against any officer(s)
For each motor vehicle stop, the officer is expected to collect and relay the aforementioned information to Dispatch as described within the preceding Procedures section above, subsection (G)(1) and (G)(2)(k-l).
1. Following issuance of a written citation/summons and/or a written warning, the issuing officer must promptly place a copy of each in the Record Division’s mailbox in the lobby by the end of tour of duty.
The Act further requires that each law-enforcement agency report the required Community Policing data to the Virginia State Police (VSP) on a quarterly basis. The Act also requires that VUCPD post the data that has been forwarded for inclusion in the Community Policing Reporting Database to the department’s website to ensure the data is available to the public.
1. The Records Division will ensure that all required traffic stop data is collected and compiled using VSP’s preferred data production format and submitted to VSP on a quarterly basis.

Revision History

This policy supersedes the following archived policies:

1/30/2014 - 8-2 Stopping Motorists

7/01/2020 - 8-2 Stopping Motorists

3/01/2021 - 8-2 Stopping Motorists