§ 999.226.
11 CA ADC § 999.226Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
11 CCR § 999.226
§ 999.226.
(2) “Type of Stop” requires an officer to differentiate the nature of the officer's stop based on the stopped person's activities, and primarily on their mode of transit during the stop. A “Vehicular Stop” is any interaction that involves stopping an individual in a Vehicle, as defined in these regulations. A “Bicycle Stop” is any interaction that involves stopping an individual on a bicycle. Any other stop constitutes a “Pedestrian Stop,” including stopping passengers on a bus or train.
2. Example: Officer B stops a person on a scooter powered by an electric motor for a Vehicle Code violation. When recording this stop, Officer B must select “Vehicle Stop” under Type of Stop because the stopped person rode a “motorized scooter” as defined in Vehicle Code Section 407.5, which qualifies as a “Vehicle.”
(A) “Date of Stop” refers to the year, month, and day when the stop occurred. It shall be recorded as the date on which the stop began. If the stop extends over two days (e.g., if a stop began at 2330 hours on January 1st and concluded at 0030 hours on January 2nd), the “Date of Stop” should be recorded as the first date (in this example, January 1st).
(C) “Duration of Stop” is the approximate length of the stop measured from the time the reporting officer, or any other officer, first detains or, if no initial detention, first searches the stopped person until the time when the person is free to leave or when the person is taken into physical custody and removed from the scene of the stop. In reporting this data element, the officer shall enter the approximate length of the stop in minutes.
1. Example: Officer A stops a vehicle for suspected driving under the influence (DUI) at 1300 hours. Officer B then arrives at the scene 15 minutes later and conducts a field sobriety test on the driver, who fails the tests. Officer B then arrests and takes the driver into custody and removes the driver from the scene of the stop at 1345. “Duration of Stop” would be reported as 45 minutes.
2. Example: Officer A begins interviewing witnesses to a robbery at 1100 hours. After approximately 30 minutes of interviews with different witnesses, Officer A observes what looks like a switchblade knife protruding from the waistband of one of the witnesses. Officer A then searches that person. “Duration of Stop” is measured from the time the person is searched (1130 hours) and not the time during which the officer began interviewing the witnesses to the robbery (1100 hours).
3. Example: At 0900 hours, Officer A stops a person walking on a residential street who matches the description of a burglary suspect. Officer A places the person in handcuffs at 0925 hours and has the person sit on the curb. Officer A takes multiple other actions towards the handcuffed person and then, at 0945 hours, Officer A places the person in a patrol vehicle for fifteen minutes and then starts driving the person to the jail at 1030 hours. The “Duration of Stop” is 1 hour and 30 minutes, measured from the time Officer A stops the person at 0900 until the time the person is driven away by the officer from the scene of the stop at 1030 hours.
4. Example: At 1100 hours, Officer A stops a person because the person's vehicle matched the vehicle of a suspect involved in a recent armed robbery. Officer A pats down the person's outer clothing for weapons and then questions the person. Officer A realizes that the person is not the armed robbery suspect. Officer A tells the stopped person that the person is free to leave at 1115 hours and the person drives off. The “Duration of Stop” is 15 minutes, measured from the time Officer A stops the person at 1100 until the time the person drives away at 1115 hours.
(5) “Perceived Race or Ethnicity of Person Stopped” refers to the officer's perception of the race or ethnicity of the person stopped. When reporting this data element, the officer shall make their determination of the person's race or ethnicity based on personal observation only. The officer shall not ask the person stopped their race or ethnicity, or ask questions or make comments or statements designed to elicit this information.
(B) “Asian” refers to a person having origins in any of the original peoples of the Far East or Southeast Asia, including for example, Cambodia, China, Japan, Korea, Malaysia, the Philippine Islands, Thailand, and Vietnam, but who does not fall within the definition of “Middle Eastern or South Asian” or “Pacific Islander.”
(6) “Perceived Gender of Person Stopped” refers to the officer's perception of the person's gender. When reporting this data element, the officer shall make their determination of the person's gender based on personal observation only. The officer shall not ask the person stopped their gender or use the gender specified on the person's driver's license or other identification, recognizing that the officer's observation may not reflect the gender specified on the person's identification.
4. “Nonbinary” means a person with a gender identity that falls somewhere outside of the traditional conceptions of strictly either female or male. People with nonbinary gender identities may or may not identify as transgender, may or may not have been born with intersex traits, may or may not use gender-neutral pronouns, and may or may not use more specific terms to describe their genders, such as agender, genderqueer, gender fluid, Two Spirit, bigender, pangender, gender nonconforming, or gender variant.
(7) “Perceived Sexual Orientation of the Person Stopped” refers to the officer's perception of the stopped person's sexual orientation. The officer shall not ask the stopped person to provide their sexual orientation. When reporting this data element, the officer shall select one of the following data values.
(8) “Perceived Age of Person Stopped” refers to the officer's perception of the approximate age of the person stopped. When reporting this data element, the officer shall make their determination based on personal observation only. The officer shall not ask the person stopped their age or use the age specified on the person's identification, recognizing that the officer's observation may not reflect the age specified on the person's identification. In providing this information, the officer shall input an Arabic numeral (e.g., 1, 2, 3, 4) rounded up to the closest whole number.
(10) “Perceived or Known Disability of Person Stopped” refers to the officer's perception that the person stopped displayed signs of one or more of the following conditions; the officer's knowledge that the person stopped has one or more of the following conditions because the person stopped so advised the officer; or the officer's prior knowledge that the person stopped had one or more of the following conditions. Nothing in this provision alters any existing requirements to comply with reasonable accommodation and anti-discrimination laws with respect to the treatment of people with disabilities. When reporting this data element, the officer shall select all of the following data values that apply:
(11) “Person Stopped Perceived to be Unhoused” refers to the officer's perception that the person stopped is unhoused. When reporting this data element, the officer shall make their determination based on personal observation only, recognizing that the officer's observation may not reflect the actual housing status of the stopped person.
(12) “Stop Made During the Course of Responding to a Call for Service.” The officer shall only select this data element if the stop was made during the course of responding to a call for service, radio call, or dispatch. An interaction that occurs when an officer responds to a call for service is only reportable if the interaction meets the definition of “stop,” as specified in section 999.224, subdivision (a)(19). A call for service is not a reason for a stop.
This data element is not mutually exclusive with the data element “Stop Made During the Course of a Welfare or Wellness Check or an Officer's Community Caretaking Function.” If a stop was made during the course of conducting a welfare or wellness check or the officer's community caretaking function as well as during the course of responding to a call for service, an officer must select both data elements.
(13) “Stop Made During the Course of Performing a Welfare or Wellness Check or an Officer's Community Caretaking Function.” The officer shall only select this data element if the stop was made during the course of performing a welfare or wellness check or the officer's community caretaking function. A welfare or wellness check or an officer's community caretaking function cannot be selected as a reason for a stop.
This data element is not mutually exclusive with the data element “Stop Made During the Course of Responding to a Call for Service.” If a stop was made during the course of responding to a call for service as well as during the course of conducting a welfare or wellness check or the officer's community caretaking function, an officer must select both data elements.
1. Example: Officer A responded to a call for service that a person was behaving erratically on a public street. Officer A interacts with the person and determines that he has a knife and then threatens to stab the officer. Officer A arrests the person. Officer A completes a stop data entry for this interaction and selects the data element “Stop Made During the Course of Performing a Welfare or Wellness Check or an Officer's Community Caretaking Function.” Under “Reason for Stop,” Officer A selects “Probable Cause to Arrest or Search.” In the narrative field under “Reason for Stop,” Officer A states that while performing a welfare check on a person acting erratically on the street in response to a call for service, the subject displayed a knife and threatened to stab the officer. The individual was then arrested.
2. Example: Officer B is in their patrol vehicle and observes a person lying down on the side of the street. Officer B interacts with the person and determines the person is having a seizure. Officer B requests an ambulance to transport the person to the hospital. Officer B does not need to report this interaction.
3. Example: Officer C responds to a call for service where a car has driven off the highway into a ditch. Officer C arrives on scene and evacuates two children. After contacting the driver, the officer smells a strong odor of alcohol and conducts field sobriety tests, which the driver fails. Officer C then arrests the driver. Under “Reason for Stop,” Officer C selects “Reasonable suspicion that the person was engaged in criminal activity.” In the narrative field under “Reason for Stop,” Officer C states that while engaging in a call for service at the scene of an automobile accident the officer determined that the driver was driving under the influence of alcohol. The driver was then arrested following failed field sobriety tests.
(14) “Reason for Stop” refers to the primary reason why the officer stopped the person. The primary reason for stop may be the same as, or differ from, the reason communicated by the officer to the stopped person. The reason communicated to the person stopped shall be reported in the “Reason Given to the Stopped Person” data element.
1. Traffic violation. When selecting this data value, the officer shall also identify the applicable code section and subdivision using the Department's standard California Justice Information Services (CJIS) Offense Table. The officer shall also designate the primary type of violation, which most closely applies to the applicable offense:
This data value should not be selected if “Traffic violation” is the reason for the stop or if the officer had probable cause to arrest or search at the time the officer initiated the stop. When selecting this data value, the officer shall select all applicable circumstances that gave rise to the officer's reasonable suspicion from the list provided below. In addition, using the Department's standard CJIS Offense Table, the officer shall identify the primary code section and subdivision of the suspected violation of law that formed the basis for the stop.
This data value should not be selected if “Traffic violation” is the reason for the stop or if the officer only had reasonable suspicion that the stopped person was engaged in criminal activity at the time the officer initiated the stop. When selecting this data value, the officer shall select all applicable circumstances that gave rise to the officer's probable cause from the list provided in section 999.226, subdivision (a)(14)(A)2. In addition, using the Department's standard CJIS Offense Table, the officer shall identify the primary code section and subdivision of the suspected violation of law that formed the basis for the stop.
5. Known to be on parole/probation/PRCS/mandatory supervision. The officer shall select this data value if the officer stopped the person because the officer knows that the person stopped is a supervised offender on parole, on probation, on post-release community supervision (PRCS), or on mandatory supervision. The officer shall not select this data value if the officer learns that the person has this status only after the person is stopped.
6. Knowledge of outstanding arrest warrant/wanted person. The officer shall select this data value if the officer stopped the person because the officer knows that the person stopped is the subject of an outstanding arrest warrant or is a wanted person. The officer shall not select this data value if the officer learns, after the person is stopped, that the person is the subject of an outstanding arrest warrant or is a wanted person.
8. Consensual encounter resulting in a search. A consensual encounter is an interaction in which the officer does not exert any authority over, or use any force on, a person, and the person is free to leave. The officer shall only select this data value if a consensual encounter results in a search, regardless of whether the resulting search is consensual.
(B) When reporting the “Reason for Stop,” the officer shall also provide a brief explanation (250-character maximum) regarding the reason for the stop. This explanation shall include additional detail beyond the general data values selected for the “Reason for Stop.” If the officer selects “Stop Made During the Course of Performing a Welfare or Wellness Check or an Officer's Community Caretaking Function,” this explanation shall include detail regarding the nature of that welfare check or the community caretaking function. If the primary reason for the stop differs from the reason(s) for the stop communicated to the stopped person, this explanation shall include detail regarding the reason why the officer communicated to the stopped person a different reason for the stop than was the actual, primary reason for the stop. If the officer did not communicate to the stopped person a reason for the stop, the officer must explain the facts and circumstances that gave rise to a reasonable belief that withholding the reason for the stop was necessary to protect life or property from imminent threat, as part of their brief explanation in the “Reason for Stop” narrative field. Officers shall not include any personal identifying information of the persons stopped or Unique Identifying Information of any officer in this explanation.
2. Example: If the officer selected “Vehicle Code 26708 (Material Obstructing or Reducing the Driver's View)” from the Department's standard CJIS Offense Table, the officer shall use this field to briefly note the specific nature of the obstruction/reduction of the driver's view (i.e., what specifically did the officer observe and how was such item obstructing or reducing the driver's view).
2. The stopped person is inside a residence, where an officer was executing a search or arrest warrant naming or identifying another person, conducting a search pursuant to a condition of another person's parole, probation, PRCS, or mandatory supervision, or conducting a compliance check on another person under home detention or house arrest.
(15) “Reason Given to the Stopped Person” refers to the reason for the stop the officer communicated to the stopped person at the time of the stop, as required under Vehicle Code section 2806.5. The reason communicated to the stopped person may be different from, or the same as, the actual primary reason why the officer made the stop, as selected among the data values under the Reason for Stop data element.
(B) If the data value(s) selected under this data element differ from the data value selected under “Reason for Stop,” the officer must explain why the officer communicated a different reason for the stop than was the actual, primary reason for the stop, as part of their brief explanation in the “Reason for Stop” narrative field.
(C) If the officer did not communicate to the stopped person a reason for the stop, the officer must explain the facts and circumstances that gave rise to a reasonable belief that withholding the reason for the stop was necessary to protect life or property from imminent threat, as part of their brief explanation in the “Reason for Stop” narrative field.
1. Example: Officer A stopped a person who matched the description of a suspected child abductor. Officer A did not provide the person with the reason for the stop at the time of the stop because Officer A was aware of an Amber Alert that gave rise to the reasonable belief that withholding the reason for the stop was necessary to protect life of the missing child from imminent threat. Under the Reason Given to Person Stopped data element. Officer A selected the data value, entitled “Reason not provided to the stopped person because the officer reasonably believed that withholding the reason for the stop was necessary to protect life or property from imminent threat.” Under the Reason for Stop data element, Officer A selected the data value, entitled “Reasonable suspicion that the person was engaged in criminal activity.” Officer A would then provide an explanation for the difference in the “Reason for Stop” narrative field.
(16) “Non-Force-Related Actions Taken by Officer During Stop” refers to an officer's actions toward the person stopped that do not relate to the use of force. All non-force related actions taken throughout the entire duration of the stop must be reported. All force-related actions must be reported in the data element, “Force-related Actions Taken by Officer During Stop”. If the officer does not take any non-force-related actions, the officer must select “None.”
(A) Example: At 0900 hours, Officer A stops a person walking on a residential street who matches the description of a burglary suspect. Officer A places the person in handcuffs and has the person sit on the curb. Officer A takes both force-related and non-force-related actions towards the stopped person, even after Officer A handcuffs the person. Officer A then places the stopped person in a patrol vehicle at 0945 hours and transports the person to the jail for booking. Officer A must report all non-force related actions taken from the time the person is stopped until the time the person is removed from the scene of the stop. Non-force-related actions must be reported in the “Non-Force-Related Actions Taken by Officer During Stop” data element. Force-related actions must be reported in the “Force-Related Actions Taken by Officer During Stop” data element.
9. Terry v. Ohio frisk/pat search of the person's outer clothing was conducted. For any other search of person, the officer must select “Search of person was conducted.” This data value should not be selected when an officer only conducts a search of the stopped person that is more intrusive than patting down the outer clothing and/or for a reason other than determining whether the person is armed and dangerous for purposes of officer safety. In that scenario, the officer must select “Search of person was conducted.”
a. Example: Officer A stopped an individual that matched the description of someone suspected of armed robbery and conducted a search of a stopped person's outer clothing for weapons. Officer A did not conduct any other search of the person. Officer A should select “Terry v. Ohio frisk/pat search of the person's outer clothing was conducted” when reporting the actions Officer A took during this stop.
b. Example: Officer B stopped a person and patted the outer clothing of the stopped person for weapons based on specific facts that the person was armed and dangerous. Officer B did not find any weapon and continued the interaction with the stopped person. During their discussion, the stopped person indicated that they had just purchased illegal drugs that were in their pocket. Based upon reasonable suspicion, Officer B then reached inside the stopped person's pocket and retrieved contraband. When reporting the actions Officer B took during this stop, Officer B should select both “Terry v. Ohio frisk/pat search of the person's outer clothing was conducted” to capture Officer B's initial pat search of the stopped person's outer clothing and “Search of person was conducted” to capture Officer B's search of stopped person's pocket.
10. Search of person was conducted. This data value should be selected if a search of the person was conducted, regardless of whether the officer asked for or received consent to search the person. This data value should not be selected when an officer only conducts a Terry v. Ohio frisk/pat search of the person's outer clothing to determine whether the person is armed and dangerous for purposes of officer safety. In that scenario, the officer must select “Terry v. Ohio frisk/pat search of the person's outer clothing was conducted.”
2. When reporting the “Basis for Search,” the officer shall also provide a brief explanation (250-character maximum) regarding the basis for the search. This explanation shall include additional detail beyond the general data values selected for “Basis for Search.” If a consent search is conducted, officers shall include a description of the specific conduct of the stopped person (i.e. the specific verbal statements, physical movements, or other behavior) that was reasonably interpreted by the officer as consent. Officers shall not include any personal identifying information of the persons stopped or Unique Identifying Information of any officer in this explanation. If the basis for the search is “Condition of parole/probation/PRCS/mandatory supervision,” officers shall describe how they learned of the search condition. For example, if the officer learned of the parole/probation/PRCS/mandatory supervision status after checking with dispatch, the officer would indicate that.
a. Example: If the officer selected “Suspected weapons” as the “Basis for Search,” the officer must use this field to explain the specific nature of the suspected weapons (i.e., what were the specific objects, shapes, and/or movements observed that made the officer suspicious and what type of weapons were suspected).
b. Example: If the officer selected “Consent given” and then “Implied by conduct,” the officer must use this field to explain the specific conduct of the stopped person (i.e., the specific verbal statements, physical movements, or other behavior) that was reasonably interpreted by the officer as consent to search.
(D) “Contraband or Evidence Discovered, if Any.” The officer shall indicate whether contraband or evidence was discovered during the stop, including contraband or evidence discovered in plain view or as the result of a search, and the type of contraband or evidence discovered, by selecting all of the following data values that apply:
(17) “Force-Related Actions Taken by Officer During Stop” refers to an officer's actions toward the person stopped that relate to the use of force. All force-related actions taken throughout the entire duration of the stop must be reported. All non-force-related actions must be reported in the data element, “Non-Force-Related Actions Taken by Officer During Stop.” If the officer does not take any force-related actions, the officer must select “None.”
2. Physical compliance tactics and techniques. This refers to the use of any part of the officer's body to make contact with the stopped person, when the purpose of such contact is to restrict movement or control a person's resistance and includes: any physical strike by the officer; or the use of significant physical contact by the officer. Examples of such contacts include, but are not limited to, hard hand controls, the forcible taking of a subject to the ground, and hitting or kicking the individual.
(18) “Result of Stop” refers to the outcome of the stop. When reporting this data element, the officer shall select all of the following data values that apply. In addition, for warnings, citations, cite and release, and custodial arrests (with the exception of an arrest pursuant to an outstanding warrant) the officer shall also, using the Department's standard CJIS Offense Table, identify the code, including the section number and appropriate subdivision, that is the basis for the warning, citation, cite and release, or custodial arrest, where applicable. If more than one code section forms the basis for the warning, citation, cite and release or custodial arrest, the officer shall identify all applicable code sections and subdivisions. If the Result of Stop is based on an ordinance, the officer shall select “local ordinance viol” from the Department's CJIS Offense Table without the need for the specific section number.
(19) “Officer's Identification (I.D.) Number” refers to a permanent identification number assigned by the reporting agency to the reporting officer, which shall be used for all reporting to the Department required under this chapter. The reporting agency shall not assign the officer a new Officer's I.D. Number under any circumstances. If an officer leaves the reporting agency, the reporting agency shall not reassign that Officer I.D. Number to any other officer employed by the agency. For purposes of these regulations, an Officer's I.D. Number shall be considered Unique Identifying Information.
(20) “Officer's Years of Experience” refers to the officer's total number of years they have been a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. When reporting this data element, the officer shall count the total number of years they have been a peace officer, and not the number of years at their current agency. If the officer has served as a peace officer intermittently or part-time, they shall only count the time actually worked as a peace officer. In providing this information, the officer shall input an Arabic numeral (e.g., 1, 2, 3, 4) rounded up to the closest whole number.
Credits
Note: Authority cited: Section 12525.5, Government Code. Reference: Section 12525.5, Government Code.
History
1. New article 3 (section 999.226) and section filed 11-7-2017; operative 11-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 45).
2. Amendment filed 8-5-2022; operative 1-1-2024 pursuant to Government Code section 11343.4(b)(2) (Register 2022, No. 31).
3. Amendment of subsections (a)(14), (a)(14)(A)1.-(a)(14)(A)1.c., (a)(14)(A)2.d. and (a)(14)(B), new subsections (a)(15)-(a)(15)(C)1. and subsection renumbering filed 10-11-2023; operative 1-1-2024 (Register 2023, No. 41).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 11, § 999.226, 11 CA ADC § 999.226
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