4/14/2003 1

OUI EnforcementPresented By Tim Baumgarten

Arizona Game and Fish Dept.Planning OUI CheckpointsPresented By:

Tim Baumgarten

Arizona Game and Fish Department

Checkpoints As A Tool • Detecting impaired operators

– Difficult because of no lines or roadway– Sober operators drive like impaired ones

• Evaluate safety equipment compliance– Compliance data cannot be based on PC stops– All operators contacted at any given location– Snapshot of education or enforcement needs

• Increase public awareness• Acts as a deterrent

Planning Concerns

• Location – Location – Location– Safe initial contact– Primary contact area– Secondary processing area

• Legal authority– Developing a Plan of Operation

Safe initial contact area

• Must provide notice of checkpoint• Easier to gain attention in ‘no wake’ or harbor areas• Keep distances short between initial and primary contact

areas (dock)

Primary contact area

• Provide safe contact of operators• Accommodate approx. 60 vessels/hour• Usually need about 10 slips

Secondary processing area

• Seating for at least 6 subjects• Preferably shaded area• Rest areas for officers with water

Evidentiary breath testing

• Anti-surge hookups w/ cooling sources• Coordination of Quality Assurance procedures• Proper safe keeping of records

Legal Climate

• Delaware v. Prouse (1979)– Applied a balancing test

» Systematic stopping procedures(No random or discretionary stops)

» Public interests vs. Recreational activity» Limited intrusion (by time of contact usually

< 3 minutes)» Required a planning document

(removes officer discretion)

Legal Climate

• Florida v. Casal (1982)– Reaffirmed the public’s interest in boating safety

outweighing private interests– Authorized random stops for safety inspections

because no other effective means of enforcement exists

Legal Climate

• City of Indianapolis v. Edmond (2000)– Limited scope of checkpoints

» Reaffirmed public safety interest in alcohol impairment

» Secondary purposes for generalized crime control are prohibited

The Plan of Operation

• Guided by U.S. Supreme Court• Purpose

States enforcement focusFactual basis

• Minimizes IntrusionDescription of systematic proceduresLimited duration

• Limitations of ConductWritten description of duties Addresses non-discretionary issues

The Plan of Operation

• General Public Notification

• Notice of Approaching Checkpoint

• Value added sections– Procedural Guidelines

Used to address or minimize intrusions– Impounds/seizures– Personnel assignments

Helps sort out witnesses later

Helps assess manpower needs

O.U.I. CHECKPOINT PLAN OF OPERATIONS 

__________(Insert Area)____________________(Insert Body of Water)___

(Date) 

Preliminary Statement Cooperating Agencies: ___________________________________________________________, ______________________________________________________________________. Officer in charge: Operations: _____________________; Media Contacts: ___________________. Location: __________________________________________________________________, Mohave County, State of Arizona. Date: ____________ Time: ___________________________________________  Authority to conduct checkpoint: Arizona agencies' statutory authority to conduct such a project is found within Arizona Revised Statute Title 5, Section 391.B. As peace officers in the State of Arizona, with concurrent jurisdiction on (BODY OF WATER), agencies are authorized by law to enforce all statutes regarding watercraft enforcement. Pursuant to ARS §37-620.11.A., the state of Arizona recognizes the concurrent jurisdiction of Nevada by interstate compact, where mutually "prohibited conduct is committed anywhere on the boundary water between the two states". The Arizona Game and Fish Department's Mission is to provide "safe watercraft recreation for the enjoyment, appreciation, and use of present and future generations." AGFD protocol (Department Policy H1.8 and Commission Rule R12-4-308) for Wildlife Check Stations will be adapted for use on this project. 

History (DESCRIBE BODY OF WATER, LOCATION, RECREATIONAL ACTIVITIES WITH SUPPORTING STATISTICS.) An example is: Lake Mohave is a portion of the Colorado River located within the Lake Mead National Recreation Area, between Hoover and Davis Dams and forms state boundary waters for Nevada and Arizona. Lake Mohave is within four hours travel time from Phoenix, Las Vegas, and Los Angeles. This close proximity to these major metropolitan areas accounts for the large number of watercraft users that recreate on Lake Mohave. Lake Mohave is Arizona's second most utilized lake in terms of recreational boating. Statistics compiled by the National Park Service indicate use peaks in the month of June with approximately 150,000 visitors projected for 2002. Lake Mohave serves approximately 1.5 million visitors yearly. A recent survey

OUI TASK FORCEPERSONNEL ASSIGNMENTS

   Contact Officers: Officer in Charge:1. _________________ ______________________

(Secondary) ____________________2. _________________ 3. __________________ Media Contacts:

___________________4. __________________ 5. __________________ 6. __________________  7. __________________ Intoxilyzer Officer:

_________________________8. __________________ 9. __________________ 10. _________________ 11. _________________ 12. _________________ On-The-Water Contact Officers:1. PWC--_____________2. PWC--_____________3. PWC--_____________ 4. Contact/Chase Craft1. __________________2. __________________