Crrv or O.qx Rrncn Por,rcn DnpaRrvrnxr GnNnnar. Onnnn Subject: ROADBLOCKS/SOBRIETY CHECKPOINTS Section: 503 TLEA Standard: 13.4 Authorized Signature: Effective: 02t041202t New X Amended Rescinds I. PURPOSE The purpose of this General Order is to establish procedures for the use of roadblocks and sobriety checkpoints. II. POLICY The Oak Ridge Police Department will use roadblocks or sobriety checkpoints only in the following circumstances : l. A life threatening crime has been committed within a time frame and at such close proximity that there is a high possibility of apprehending the perpetrator if a roadblock is established. In addition, the identity or reasonably sufficient description of the individual is known, which will enable officers at the scene of the roadblock to execute an arrest upon sighting the individual in question. 2. In directed patrol assignments where the analysis of statistical data indicates that a sufficient number of D.U.I. violations are occurring to justify inconveniencing the general motoring public in order to deter these violations and improve safety. When asked to assist the Tennessee Highway Patrol when that agency is operating a sobriety checkpoint within the City Limits. III. PROCEDURES A. Authority to Establish Roadblocks 1. Any supervisor the rank of Lieutenant or higher may order that a roadblock be established in order to affect the apprehension of a criminal who has committed a life threatenino crime. 2. The roadblock may not extend beyond one (l) hour from the report of the offense or the last sighting of the individual, whichever is longest.
The purpose of this General Order is to establish procedures for the use of roadblocks and sobrietycheckpoints.
II. POLICY
The Oak Ridge Police Department will use roadblocks or sobriety checkpoints only in thefollowing circumstances :
l. A life threatening crime has been committed within a time frame and at such close proximitythat there is a high possibility of apprehending the perpetrator if a roadblock is established. Inaddition, the identity or reasonably sufficient description of the individual is known, whichwill enable officers at the scene of the roadblock to execute an arrest upon sighting theindividual in question.
2. In directed patrol assignments where the analysis of statistical data indicates that a sufficientnumber of D.U.I. violations are occurring to justify inconveniencing the general motoringpublic in order to deter these violations and improve safety. When asked to assist theTennessee Highway Patrol when that agency is operating a sobriety checkpoint within the CityLimits.
III. PROCEDURES
A. Authority to Establish Roadblocks
1. Any supervisor the rank of Lieutenant or higher may order that a roadblock be establishedin order to affect the apprehension of a criminal who has committed a life threateninocrime.
2. The roadblock may not extend beyond one (l) hour from the report of the offense or thelast sighting of the individual, whichever is longest.
3. Roadblocks may be extended beyond the one (l) hour time limit by obtaining permissionfrom the Chief of Police.
B. Roadblock Site Selection
1. A roadblock is defined as a deliberate obstruction, by physical means, of one (1) or moreselected points on a roadway, for the specific purpose of checking persons using the
highway. Roadblocks are necessary at certain times to apprehend persons fleeing from the
scene of a crime or attempting to evade arrest. The supervisor utilizing the roadblock mustdo so in an effective and well-disciplined manner so that it will not fail in its intendedpurpose nor arouse unfavorable public opinion and possibly expose the Department tocivil or criminal liability.
2. Roadblock operations must be pre-planned to the fullest extent possible. Dynamicsituations do not allow for adequate planning at the time of an event. Officers must beproperly equipped to establish roadblocks and trained in roadblock techniques. The types
and strategic placement of blockades must be determined in the pre-planning stage.
3. Principal factors to be considered when establishing a roadblock are
a. The number of officers available for the assignment;
b. The seriousness of the crime;
c. Sufficient information about, and descriptions of, wanted persons and vehicles; and
d. The elapsed time between the criminal act and its discovery
C. Establishing a Roadblock
l. Roadblocks will be established only with the specific, prior approval of supervisory and/orcommand officers.
2. Fixed or circle system roadblocks may be utilized as a necessary and acceptable policetactic in emergency situations only, and only in those situations that involved a crime ofviolence.
3. Adequate waming to approaching traffic is necessary. A reasonable system of waming tomotorists approaching the roadblock shall be in operation prior to the closing of thehighway, unless the only vehicle reasonably expected to first approach the roadblock isthat of an evader or violator against whom deadly force is authorized, and there isinsufficient time to provide waming to the evader prior to their arrival.
4. Firearms may be made ready for use at roadblocks, but shall not be fired at fleeingvehicles that attempt to avoid the roadblock, unless the officer at the roadblock is beingfired upon and must return fire in their own, or others defense.
5. The Patrol Captain and Patrol Lieutenants will assist the Chief of Police in thedevelopment of pre-plans for conducting roadblocks.
D. Roadblock Operations
l. When a field supervisor determines a situation exists that warrants a roadblock, he/she
should activate the plan and make appropriate modifications. If possible, he/she shouldassume command at the scene of the roadblock. If the circle system is used or if the
supervisor is unable to reach the scene of the roadblock prior to implementation, the
supervisor should assign specific officers to assume command of the roadblock.
2. There are two basic types of roadblocks, fixed and circle system.
3. Fixed Roadblock
a. Equipment for fixed roadblocks is stored in the equipment at the Oak Ridge PoliceDepartment and consists of strong, well-marked waming signs. In situations thatprevent timely placement of these structures, officers may utilize the traffic conescontained in the patrol units and may strategically place the cruiser on the roadway
4. Circle System Roadblock
a. This system is designed to completely contain the suspect in a given area. Everypossible avenue of escape is blocked. All traffic is stopped and each motorist isthoroughly investi gated.
b. The location of the blocking points is determined by using the crime scene as thecenter, and drawing a circle on a map. The radius of the circle is determined by theestimated time lapse between the commission of the crime and the establishment ofthe roadblock.
c. Some units are dispatched to blocking points while others are assigned to patrol insidethe circle.
5. Blocking Techniques
a. General
1) The general position of the patrol car is at a forty-five (45) degree angle to thetraffic flow. In this position, the officer can both observe traffic and maintainmobility. In instances when an extensive check of vehicles would cause
interference with traffic flow, it is more desirable to slow traffic to a speed whichwill enable the officer to check passing vehicles and occupants without bringingthem to a complete stop. No person shall remain inside the vehicles used to blockthe roadway.
b. Two (2) Lane Roadways
l) On a two (2)lane road, to stop traffic traveling in one (1) direction, the patrol carwill be parked at a forty-five (45) degree angle to the traffic flow, partially on theroadway, blocking the lane of traffic to be stopped. The normal speed of traffic onthe roadway and consideration for stopping distance and reaction and braking
time, will determine the distance of placement of the waming signs. The signs'
should be placed in the approximate center of the roadway, facing the traffic thatis to be stopped. Lettering on the signs should be large enough to be read at a
distance. If placed at night, the signs should be illuminated.
2) A stop sign should be placed at the actual roadblock site. Flashing blue lightsshould be activated. During darkness, the officer investigating stopped vehiclesshould stay out of the headlights of approaching vehicles. However, the officershould be off the roadway and illuminated by another light source so as to bereadily identified as a police officer. Once a car has stopped, the officer should notapproach from the front ofthe stopped car, but should approach from behind,going to the driver's door, as they would in a traffic stop.
3) While the officer is checking the vehicle, another officer should take a position on
the opposite side of the patrol car, using the engine of the car as a shield and
keeping the entire area covered. Light traffic can be stopped in both directionswith this system. However, in heavy ftaffrc it is necessary to set up this blockingprocedure on both sides ofthe road. The second block should be close enough(roughly frfty (50) to seventy-five (75) yards away and in sight of the first block)to provide assistance.
c Multi-Lane Roadways
l) Blocking one (1) side of a multiJane highway is basically the same as a blockadeon a two (2) lane roadway. A major difference is the placement of waming signs.Because of greater speeds, the signs must be placed farther ahead to allow time fora safe stop. Place signs in a manner to allow for a traffic backup. Signs should beplaced on both sides ofthe lanes to be stopped. Signs and/or traffic cones shouldbe placed to funnel traffic into one (1) lane for vehicle checks.
6. Closing Roadblocks
a. The supervisor authorizing the establishment of a roadblock is responsible forsupervising operations at the scene of the roadblock. All officers participating inactivities at the roadblock will report changing conditions of traffic flow, weather, and
other influences on the operation of the detail, to the supervisor.
b. Supervisors should terminate a roadblock when:
1) The suspect is apprehended;
2) conditions at the scene deteriorate and result in conditions unsafe for the general
motoring public; or
3) Time extends past a reasonable expectation for apprehension, usually one (1)hour.
E. Sobriety Checkpoints
I . Any supervisor with the rank of Lieutenant or higher may request that the Chief of Police
order the establishment of a sobriety checkpoint as a means of deterring and detectingimpaired drivers. Checkpoints shall be established based upon traffic accident and offensedata analysis which targets impaired driving. All checkpoints established under thissection must comply with the site selection criteria outlined in this General Order.
2. The supervisor in charge of the checkpoint site (Site Supervisor) will be responsible forselecting and designating all checkpoint site locations. All sites will be selected using the
following list of criteria. Few sites will meet all criteria. Only those sites that most nearlyconform to the criteria will be chosen.
a. The checkpoint location has a high incidence of alcohol related traffic incidents.
b. The checkpoint site is on a route known to be traveled by motorists driving under the
influence of alcohol or intoxicants.
c. The location provides adequate visibility to oncoming traffic and to the motoringpublic in general.
d. The location provides adequate space for police officers to pull vehicles out of thetraffic stream for fuither examination without creating a safety hazard, or the officerscan establish a safe area to conduct further examination in the roadway by closing alane of travel to motorists.
e. The volume of traffic is appropriate to the number of police officers available tooperate the checkpoint. There should be a minimum of four (4) police officersworking the site under normal conditions. ln no case will there be less than three (3)officers manning a checkpoint.
f. The location must have adequate space for police vehicles and personnel that willwork the site. Generally two (2) or more marked police cars will be used.
g. The existence of exit streets in proximity to the site will be a consideration, but not adeterminate factor in the selection of a site location.
3. Scheduling
a. Prior to conducting a sobriety checkpoint, the Support Services Lieutenant shall issuea release to the various news media agencies in the area. The press release will statethat the Department will be conducting a sobriety checkpoint and give the location.The press release shall be issued in written form, no less than twelve (12) hours priorto the scheduled opening time of the checkpoint and shall specify the date(s) andhours when the checkpoint will be in operation.
b. Checkpoints will operate primarily from22:00 hours to 02:00 hours on Friday andSaturday nights. Other times will be selected as needed based upon the analysis ofdata.
c. Generally checkpoints will be conducted for a period of no more than two (2) hoursduration.
d. The assigned site supervisor will schedule personnel to operate the checkpoint.
e. A minimum of four (4) police officers will be assigned to every checkpoint. One (1)supervisor, either a Lieutenant or Sergeant, shall be designated as the site supervisorand must be present at the location for the duration of the operation. Depending upontime and the volume of traffic, additional manpower may be scheduled.
f. Officers assigned to operate a sobriety checkpoint must meet the following criteria:
1) Sworn police officer, and
2) Prior experience working a sobriety checkpoint; or
3) Trained in sobriety checkpoint operations.
g. The Site Supervisor shall designate the times of the operation and the primary locationfor the checkpoint, as well as any alternate locations.
h. The Site Supervisor has the discretion to cancel the checkpoint at any time due toinclement weather. When possible, this decision should be made in advance, prior tosetting up the operation. It is the responsibility of the Site Supervisor to attempt tocontact all affected personnel in the event ofa cancellation. If, during operation ofacheckpoint, it becomes necessary to cancel operations, the assigned officers may bereassigned to police cars to work selected traffic enforcement.
4. Pre-Checkpoint Briefing
a. Prior to opening a sobriety checkpoint all assigned personnel will attend a briefingconducted by the site supervisor.
b. The Site Supervisor will review this General Order with all checkpoint personnel
c. The duties of each officer assigned to work the checkpoint will be explained at thebriefing.
d. The primary and altemate site locations will be reviewed. The placement of personnel,vehicles, traffic cones and other waming devices, and pull-off areas will be discussed.
e. Procedures for the questioning and/or arrest of suspected violators will be coveredincluding, but not limited to, filed sobriety tests, implied consent law requirementsand disposition of violators' vehicles upon arrest.
f. The Site Supervisor will review procedures to follow when a motorist tums around toavoid a checkpoint or when officers observe traffic or other violations.
5. Sobriety Checkpoint Site Setup
a. The Site Supervisor shall, by use of an appropriate number of lights, barricades andsigns, ensure that the highest degree ofsafety is afforded to the police officers,
pedestrians, and other personnel at the checkpoint as well as motorists passing throughthe checkpoint.
b. Police vehicles shall be parked in a manner that will not present ahazard to the policeofficers, pedestrians or the general flow of traffic.
c. The Site Supervisor shall establish a safe area for vehicles whose drivers will be
examined further for impairment. This area should be out of the general flow oftraffic, preferably off the highway with good access both to and from the highwayAn effort should be made to have this area adequately lit.
d. The Site Supervisor shall ensure that all police officers have the proper equipment and
wear high visibility clothing.
6. Opening and Closing of the Sobriety Checkpoint
a. The Site Supervisor is responsible for opening and closing operations at the
Checkpoint Site.
b. If the number of arrests for impaired driving should create a shortage of policeofficers, the Site Supervisor has the discretion to close and re-open the checkpoint.
7. Stopping Traffic
a. Marked units and uniformed officers will be used to wam, slow, and move traffic inline to the area where the actual checks and interviews will be conducted. The SiteSupervisors may participate in the actual stopping and interviewing of motorists.
b. Officers not actively involved in interviewing motorists shall, as needed, assist indirecting traffic through the checkpoint, and will be alert for other violations or anyvehicles attempting to avoid the checkpoint.
c. Officers must be extremely safety conscious during checkpoint operations and shouldadvise motorists leaving the checkpoint area to drive safely.
d. Every vehicle passing through the checkpoint will be stopped and checked at the site,
unless the Site Supervisor determines that the traffic flow is so heavy as to cause an
unreasonable delay.
e. When unreasonable delay results from heavy traffrc, the Site Supervisor will direct,according to a pre-determined plan, that only every third, fifth, etc., vehicle will be
checked until the backlog is eliminated.
f. If the backlog continues to build, the Site Supervisor may temporarily re-open trafficto the normal flow to reduce the problem. At each checkpoint there will be a pre-selected geographic point. When traffic backs up to that point, the Site Supervisorshould release traffic to avoid further congestion.
g. Drivers, who pass through the checkpoint and refuse to stop when so ordered, will bestopped by a mobile unit and cited for the appropriate violation.
h. Motorists wishing to avoid the checkpoint by turning off on approaching exits, or bytuming around in a safe and lawful manner, will be allowed to do so withoutinterference.
8. Interviews of Motorists
a. Officers participating in Sobriety Checkpoints shall remember that their actions, whileserving a good and lawful purpose, do create a minor imposition on the public.Officers will at all times remain courteous and not argue with drivers or respond tooffensive remarks.
b. Every stop should take only as long as necessary to accomplish the purpose of thestop; to determine if the driver is under the influence of an intoxicant. Normally thiscan be determined within one (l) minute. During this period, the officer must rapidlymake his/trer observations concerning the impairment of the motorist.
The police officer will give a brief greeting, identify himself/herself, and advise themotorist that the police department is conducting a routine stop of traffic to check forintoxicated drivers.
d. A driver who refuses to roll down his/her window, to allow the officer tocommunicate, will be detained until the Site Supervisor is consulted to determine theappropriate action to be taken.
e It is within the discretion of each individual officer whether or not to issue a citationfor other vehicular violations such as, but not limited to;
l) ExpiredRegistration
2) EquipmentViolations
f. When no articulable sign of impairment is observed, the officer will thank the driverfor their cooperation and release them without further delay.
9. Further Examination of Motorists
a. Further inquiry is warranted when articulable signs of possible impairment areobserved.
b. If, after initial contact, the officer develops specific and articulable facts which leadthe officer to believe the motorist is impaired, he/she will instruct the driver to movethe vehicle to the pre-determined area for further inquiry. A relief officer will fill thevacancy created at the checkpoint.
c. In the follow-up area, the motorist will be given a field sobriety test. If the motoristpasses the field sobriety test, he/she will be released with a warning and allowed topass through the checkpoint. If the motorist fails the field sobriety test, the policeofficer shall proceed with the interview.
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d. Occupants of vehicles, other than the driver, will not be questioned and vehicles willnot be searched, unless during the course ofthe stop, probable cause develops that anoccupant of the vehicle is in violation of the law or that the vehicle contains somethingthat the officer has a right to search for.
10. Anest Procedure
a. When an arrest for DUI is made at the Checkpoint, the normal DUI arrest procedures
will be followed:
1) The suspect will be handcuffed and searched;
2) The vehicle will be searched for evidence of the violation;
3) The arresting officer will ask the suspect to submit to a chemical test forintoxication;
4) If necessary, the implied consent warning will be given;
5) A breath test or blood test will be administered if the arrestee submits;
6) The arrestee's car will be secured in a safe place or towed in compliance withGeneral Order 509 (Towing/Impounding Vehicles); and
7) The suspect will be transported to the appropriate detention facility in compliancewith General Order 407 (Prisoner Handling/Transport).
I l. Closing the Sobriety Checkpoint
a. All officers shall assist in the removal of safety and other equipment used at thecheckpoint. This equipment must be safely and securely stored for the next usage
b. The Site Supervisor shall ensure that all police officers have transportation away fromthe checkpoint site.
The Site Supervisor shall ensure that no litter is left behind at the checkpoint site. Allpersonnel at the checkpoint should assist in this function.
12. Record Keeping
a. The Site Supervisor is responsible fbr collecting and reporting statistics summarizingthe activity of the Sobriety Checkpoint.
b. The Site Supervisor shall, within twenty-four (24) hours following the closing of thecheckpoint, submit to the Chief of Police a Sobriety Checkpoint Activity Report (see
Appendix A). The Activity Report shall include the following information:
l) The date and times of the checkpoint;
2) The exact location ofthe checkpoint
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3) The name of the Site Supervisor;
4) The names of all officers participating in the checkpoint;
5) The names of all officers assisting with the checkpoint;
6) The number of motorists interviewed at the checkpoint;
7) The number of motorists detained for further interview;
8) The number of motorists released after further interview;
9) The number of D.U.I. arrests made as a result of the checkpoint; and
10) The number of citations and other arrests made as a result of the checkpoint;
