I.        PURPOSE

The purpose of this policy is to provideprocedures for the physical construction and operation of all Lexington Police Department(“Department” or “LPD”) checkpoints in order to maximize the deterrent effectand increase the perception of "risk of apprehension" of motoristswho would operate a vehicle while impaired by alcohol or other drugs or who arein violation of other traffic safety laws in the State of Mississippi.  This policy governs all checkpoints or roadblocksconstructed or operated by Department personnel.

II.      POLICY

It shall be thepolicy of this department to implement a checkpoint program. This will be doneas part of a comprehensive enforcement program. To ensure standardization ofthis program a clear and concise set of written guidelines has been developedgoverning procedure on how checkpoints will be operated within this Department.

To implement this policy this agency must:

1.       Conductcheckpoints only for constitutionally acceptable purposes.  Checkpoints or roadblocks shall not be conductedfor purposes of general crime control or deterrence, narcotics interdiction orto check for outstanding warrants.

2.       Satisfyfederal, state and local legal requirements.

3.       Conductcheckpoints with a minimal amount of intrusion or motorist inconvenience.

4.       Assurethe safety of the general public as well as law enforcement officers involved.

5.       Providefor an objective site selection process based on relevant data without relyingin any way on the race or ethnicity of the residents of a particular locationor the perceived race or ethnicity of motorists passing through a particularlocation.

6.       Officerselection should be based on experience and training.

7.       Operationalprocedure will be covered during a briefing period prior to each checkpoint.

III.     PROCEDURES

A.       Amethod for selecting motorists to be stopped, e.g., every vehicle, every fifthvehicle, etc. should be decided prior to each checkpoint to ensureobjectivity.  Exceptions shall not bemade to the method for selecting motorists to be stopped absent specificunusual circumstances.  Any exceptionsmust be documented and include the reason for the exception.

B.       Therole of each officer at each checkpoint should be determined.

C.       Apredetermined area should be identified for the removal of vehicles thatrequire further investigation.

D.       Arecord will be maintained containing the information set forth in SectionVII.  

E.       Checkpointsare to be set up only by the patrol division of the Department using at leastone marked LPD vehicle, but any LPD officer may assist in the checkpoint whilewearing official LPD identifying clothing.

F.       Allcheckpoints must be approved by a LPD patrol shift supervisor or supervisoryofficer responsible for LPD DUI enforcement grant (if any).

G.       LPDpersonnel conducting a checkpoint shall not run or cause to be run, searchesfor outstanding warrants concerning drivers or their passengers in whole or inpart on the basis of race or ethnicity.

H.       Thedepartment must be able to objectively outline criteria utilized in the siteselection process:

1.       Trafficexperiences.

a.        Unusual incidence of alcohol/drug orother traffic related crashes;

b.       Alcohol/drug impaired driving violations;

c.        Unusual number of night-time singlevehicle crashes;

d.       Any other documented alcohol/drug or othertraffic related vehicular incidents;

e.        The locationof establishments that sell liquor by the drink;

f.        Specialholidays or other occasions; and

g.       Otherobjective criteria that may arise from time to time.

2.       Select locations which permit the safe flow of traffic throughthe checkpoint.

a.        Consideration should be given to postedspeed limits, traffic volume and visibility.

b.       Ensuresufficient adjoining space is available to pull vehicles off the traveled portionof the roadway.

c.        Considerother conditions that may pose a hazard.

d.       The siteshould have sufficient visibility from each direction and sufficientillumination.

IV.     PERSONNEL

1.       A sworn, uniformed officer will beassigned to provide on-scene supervision of the checkpoint.

2.       The checkpoint will be staffed by a sufficient number of uniformedpersonnel to assure a safe and efficient operation. Any officers not inofficial uniform must be wearing clothing that clearly identifies the officeras a LPD officer.

V.      MOTORISTSWARNINGS/SAFETY METHODS

1.       Special care is required to warn approachingmotorists of the checkpoint.

2.       Basic equipment may include, but is notlimited to:

a.        Warningsigns placed in advance of the checkpoint

b.       Flares,fugues, or similar devices.

c.        Safetycones or similar devices.

d.       Markedpatrol vehicles. Absent exigent circumstances, at least one marked patrol carwith blue lights on must be at each checkpoint.

3.       The use, placement and types of trafficcontrol devices must comply with federal, state, or local transportation codes.

VI.     CONTINGENCY PLANNING

Any deviation from these procedures mustthoroughly be documented with the reason for the deviation (i.e. trafficbacking up, intermittent inclement weather).

VII.    DATA COLLECTION AND EVALUATION

To monitor and ensure standardization,consistency, and compliance with policy, the following information must berecorded for each checkpoint:

1.      Time, date, and location of the checkpoint(including the cross streets that are in the closest proximity to thecheckpoint’s location).

2.      Objective reasons for conducting the checkpoint, which mayinclude the following:

a.       Unusualincidence of alcohol/drug or other traffic related crashed;

b.       Alcohol/drugimpaired driving violations;

c.       Unusualnumber of vehicle crashes;

d.       Anyother documented alcohol/drug or other traffic related vehicular incidents;

e.       Thelocation of establishments that sell liquor by the drink;

f.        Specialholidays or other occasions (with such reason to be stated); and

g.       Otherobjective criteria that may arise from time to time (which shall be describedwith reasonable particularity).

3.      Thepredetermined order of selecting motorists at the checkpoint.

4.      Identity ofthe supervisor who authorized the checkpoint.

5.      If the checkpoint is moved to a new location outside the area describedby originally-recorded cross streets (e.g., to a different intersection), thenew location will be treated as a new checkpoint.

6.      A record of anyvehicular search, issuance of citation or arrest made at the checkpoint.  For the purpose of recorded information underthis Section only, a “vehicular search” shall mean the search of any portion ofthe vehicle not in plain view or if a driver or any passenger exits thevehicle.

a.        Incident reports, including writtendescriptions of the relevant facts and circumstances, shall be created for eacharrest and for each vehicular search, regardless of whether the search resultsin an arrest.

7.      A summary report, which, at a minimumincludes:

a.        Theinformation set forth in VII.1 through VII.5 above.

b.       Citationnumbers for each citation issued, the race of theperson cited, and the offense for which the personwas cited.

c.        Incidentreport numbers for each arrest, the race of the person arrested, and theoffense for which the person was arrested.

d.       Each incident number for a vehicularsearch, along with the race of the person(s) subject to each vehicular search,and the result of the vehicular search (e.g.,arrest, citation, no action taken).

e.       A SummaryReport on Checkpoint form is attached.

VIII.   EXIGENTCIRCUMSTANCES CHECKPOINTS OR ROADBLOCKS

1.       Checkpoints (or roadblocks) not incompliance with this Policy may be established under constitutionallypermissible exigent circumstances.  Tothe extent practicable, such checkpoints or roadblocks must comply with therequirements of this Policy.    

2.       Documentationshall be prepared describing the exigent circumstances that justified thecreation of the checkpoint or roadblock.

[End of Policy]

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