Kentucky Laws & Penal Code

Law Enforcement Officers only have the right to stop a vehicle if it commits a Traffic Infraction or above. A Traffic stop is a temporary, non-physical detainment. If a subject fails to stop, this is considered a felony under VF-01 (Felony Evading). Officers must clearly announce the reason for the stop and maintain professionalism. Any prolonging of the stop must be justified with reasonable cause, and stops cannot be used as pretexts for unrelated investigations unless new probable cause arises during the stop.

Law Enforcement Officers may block traffic only in the event that allowing traffic would cause risk of injury, contamination of a crime scene, or disruption to an ongoing emergency response. Officers must ensure the safe and clear rerouting of traffic, using proper signage and giving advance notice whenever possible. Officers must also document the necessity of blocking traffic and the steps taken to minimize public disruption.

Police may establish DUI checkpoints in areas with high rates of impaired driving incidents. These checkpoints must be publicly announced in advance, clearly marked, and used solely for identifying impaired drivers. Officers are not permitted to detain drivers for unrelated suspicions unless new probable cause arises during the checkpoint interaction.

Officers may establish temporary speed enforcement zones in areas known for traffic accidents or reckless driving. These zones must be clearly marked, and drivers must be given a reasonable opportunity to reduce speed before enforcement occurs. Violations outside of these zones require officer discretion, but enforcement must be fair and unbiased.

Police may only breach a property if there is reasonable suspicion that unlawful conduct is being engaged within. This suspicion can be provided by a 911 call. Officers must announce themselves as Law Enforcement unless announcing would create a substantial risk of injury or death. Officers are required to document, with body-cam footage if available, the reason for the breach, and use only the minimum force necessary. If any property is damaged during the breach, a full report and evaluation must be conducted to assess the damage.

In order to search a property, a Warrant must be obtained. Property can only be seized if it is unlawful.

Police only have the right to raid a property if the property owner fails to comply with the warrant or poses an immediate danger. All raids must be pre-approved by a commanding officer, with a detailed plan of action, including how force will be minimized. Officers must return seized items if they are found to be unrelated to any illegal activity within 30 days of the investigation.

No-knock warrants may only be issued by a judge in cases where there is credible evidence that announcing the presence of officers would result in the destruction of evidence or pose immediate danger to officers or others. The use of no-knock warrants is restricted to the most serious offenses, such as drug trafficking, organized crime, or violent felonies. Officers executing no-knock warrants must have all available protective equipment, and post-operative reviews must be conducted.

Police must obtain a warrant to search any electronic devices, such as phones, tablets, or computers, unless there is imminent risk of harm or destruction of evidence. Warrants must specify the scope of the search, including which data or files are relevant to the investigation. Any data accessed beyond the scope of the warrant may be inadmissible in court.

Police only have the right to ask for identification if they suspect that a person has committed, will commit, or is committing a crime. Officers may also request ID in the event of a traffic stop, while conducting an investigation (if the individual is a witness or related to the incident), or if the person is in a restricted area. Officers must clearly explain the reason for the ID request.

Police Officers must provide their first name, station, rank, and badge number if requested by any person during an interaction. Officers must display this information on their uniform or provide a business card when requested. Failure to provide identification upon request can result in suspension or disciplinary actions.

Officers may only detain you for 15 minutes without Probable Cause for investigation of a possible crime. They may take reasonable steps to ensure officer safety.

Officers must establish probable cause before making an arrest, searching property, or conducting a vehicle search. Probable cause must be based on observable facts, evidence, or reliable witness testimony. Officers must document the specific reasons for establishing probable cause, which must be reviewed in court.

Officers may conduct a limited search (stop-and-frisk) if they have reasonable suspicion that the suspect may be armed. Officers must verbally articulate the reasons for the frisk and may only search areas of the body where a weapon could be concealed. Stops and frisks must be logged and reviewed by a superior officer to ensure there is no bias or misconduct.

Officers may search a vehicle if they have probable cause that it contains evidence of a crime. Officers may not search areas of the vehicle unrelated to the suspected crime (e.g., searching a trunk during a stop for a broken tail light). Officers must inform the driver of their right to refuse a search unless probable cause is established.

Officers are required to use de-escalation techniques before resorting to force, including verbal commands, body language, and negotiation. Officers must undergo annual training in de-escalation, and any failure to attempt de-escalation before using force may result in disciplinary actions.

Officers are encouraged to use non-lethal force (e.g., tasers, pepper spray, batons) whenever possible to subdue suspects. Any use of non-lethal force must be documented, and medical treatment must be provided to the suspect immediately after the situation is under control.

Officers are authorized to use lethal force only when there is an immediate and credible threat to their life or the life of others. Officers must issue a clear verbal warning (if feasible) before using lethal force. Every use of lethal force must be reviewed by an independent oversight board. Repeated incidents involving lethal force may lead to reevaluation of the officer's suitability for duty.

A person is allowed legal advice from anyone they wish, and are allowed to have up to 2 legal aids sit with them during law enforcement questioning. Only a lawyer who has passed the bar exam and is in good standing with the bar may represent someone in a court of law. Officers should perform a reasonable search on all legal aids before they come into contact with their client for officer safety.

A person detained or jailed at a law enforcement facility are allowed three monitored communications. Police are to give reasonable accommodations for this.

Any person while in contact with the police has their right to not self incriminate. Silence and refusal to answer a question will be used against you in a court of law and may result in additional charges.

Officers must activate body cameras during any interaction with the public, including stops, detentions, arrests, and searches. Turning on and off body cameras must be roleplayed, and all footage within that timeframe may be FOIA'd. Footage must be stored for at least 90 days unless involved in an active investigation. Any failure to activate or maintain body-cam footage must be documented, and repeated failure may lead to disciplinary action.

A person cannot also be charged for a lesser charge for an element of a crime in which they are already receiving a greater charge for that element of a crime. An officer needs to articulate, and report, each element of the crime and why they are charging the suspect with that crime. Example: A bank robber cases a bank, points a gun at a bank teller, threatens them if they do not give them the money quickly, takes the bank's money, shoots a security guard on the way out, and then gets into a high speed chase with the cops which ends in a crash. Possible charges: Grand Armed Robbery, Attempted Murder, and Felony Evading. Stacking additional minor charges for the same elements would violate this right.

Law Enforcement Officers are permitted to conduct a warrantless search of a vehicle if they have probable cause that it contains contraband or evidence. Officers must document probable cause and must clearly state the reason for the stop before searching the vehicle. Officers are not permitted to search locked compartments without specific evidence that they contain contraband.

Any evidence obtained by a Law Enforcement Officer outside the bounds of legality is not admissible in court. Officers must document and ensure all searches, stops, and evidence collection follow legal protocols. Any officer who knowingly attempts to introduce illegal evidence may face criminal charges.

Law Enforcement Officers are not to exert deadly force on a fleeing felon unless the Officer has reason to believe it is necessary to prevent the escape of the felon and that the felon poses a significant threat of serious or fatal injury to the officer or others. Officers must exhaust all non-lethal options before using deadly force. Every use of deadly force must be investigated by an independent body, and officers involved must be placed on leave during the investigation.

Law Enforcement Officers are permitted to conduct an unwarranted search of a vehicle stopped on traffic if said Officer has probable cause that the vehicle contains contraband or evidence.

Unprovoked evasive behaviour in the context of a "high crime area" such as an alleyway or in a region where significant illegal activity occurs may be used as grounds to stop a suspect.

A Law Enforcement Officer is permitted to detain a person based on the reasonable suspicion of criminal activity for a duration of time as to either dispel the Officer's suspicion or to rise it to the point of probable cause for an arrest. Said Law Enforcement Officer may also conduct a limited search of a person without a warrant. In order to qualify for the limited search, an Officer must have articulable facts that the suspect may be armed with a weapon and may only limit the search to a person's garments and personal inventory, as opposed to the suspect's vehicle or home.

The arrest of an individual in his home does not constitute a warrantless search of the entire dwelling, however Officers may conduct a search incident to arrest, which can apply to the immediate area that the suspect can access and control.

Any traffic violation observed by a Law Enforcement Officer is legal basis for a stop and any unlawful activity discovered via the traffic stop can be used to charge the suspect, even if the Officer did not conduct the stop with the intent of discovering said unlawful activity.

During a Traffic Stop, a Law Enforcement Officer may order the suspect out of the vehicle for any reason, and is permitted to conduct a warrantless search in accordance with Terry v. Ohio. Any evidence taken from this search, regardless of whether or not it is a firearm or weapon, may be admissible in court.

Law Enforcement Officers have the authority to order passengers and the driver of a vehicle to remain in the vehicle as they are considered detained and seized in the duration of a traffic stop.

The request of removal of any clothing item that obscures the face of an individual when a Law Enforcement Officer requests it, regardless of the circumstances, is a lawful order and resisting it is an arrestable offence.

Expectation of privacy does not apply to exposed exterior regions of a property such as an open field outside of the immediate area of a property such as a backyard.