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Discretion is Valor in Traffic Stops

NCJ Number
210623
Journal
Law and Order Volume: 53 Issue: 6 Dated: June 2005 Pages: 106-111
Author(s)
Arthur Sharp
Date Published
June 2005
Length
6 pages
Annotation
This article reports on the findings of a survey of 50 law enforcement agencies throughout the country to determine their views on the role of officer discretion in the enforcement of traffic laws.
Abstract
Contrary to the public's common belief, the survey found that police officers do not have strong incentives to write tickets for every traffic violation they observe, no matter how minor. Officers are held accountable for any ticket they write. For most of the responding agencies, vehicle stops must be based on reasonable probable cause, and motorists must be informed of the reason for the stop. Seventy-seven percent of the agencies reported that their officers must notify dispatchers of every stop they make, regardless of the outcome. Further, writing a ticket can be as much of an inconvenience for an officer as for the recipient of the ticket, since officers may have to appear in court on their own time to defend their decision to issue a ticket. Moreover, the decision to write a ticket instead of issuing a verbal or written warning can adversely affect the individual officer and the department from a public relations perspective. All of the respondents reported that their agencies grant officers complete discretion regarding whether to issue a ticket or a warning for a traffic violation, and often there are no clear departmental guidelines for making that decision. Only 62 percent of the respondents indicated that they have clear written policies that dictate procedures to be followed when initiating traffic stops and determining their outcomes.