POLICE AND THE LAW USE OF FORCE

Transcription

1 POLICE AND THE LAW USE OF FORCE

2 OBJECTIVE BASIS Allows for informal decision making BUT Formal requirements of the U.S. Constitution Controls formal criminal justice process Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments

3 BILL OF RIGHTS THE FIRST TEN AMENDMENTS Added more than 200 years ago Little impact until 1960s Majority of all criminal law is state law Constitution is a Federal document Interpreted as protecting citizens against mistreatment from the Federal Gov t

4 After Civil War, Fourteenth Amendment was added No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.

5 In the 1960s the U.S. Supreme Court interpreted it to apply to states From due process revolution U.S. Supreme Court took an activist role Chief Justice Earl Warren Hastened the development of professional policing

6 LAW INVESTIGATION AND ARREST First step Suspected violation of a law Breaking the law does not guarantee becoming a subject of the CJ process Police must be notified Investigation To determine if a crime has been committed

7 PROBABLE CAUSE Required by Fourth Amendment It means that there are enough facts and circumstances for a reasonable officer in light of their expertise to believe the person arrested has committed, is committing, or is about to commit a crime. More than a hunch less than proof beyond a reasonable doubt

8 Totality of the circumstances SEARCHES Where ever people have a reasonable expectation of privacy, gov t intrusions are searches Exceptions Threat of violence, hot pursuit and occupants will destroy evidence

9 Fourth Amendment only bans unreasonable searches Warrants Police have evidence that establishes probable cause, they write it in a sworn statement supported by oath or affirmation. If the Judge signs this statement it becomes a warrant Indicates that the Judge agrees with the Officer

10 Plain view doctrine Not a search if: Officers discover the evidence by means of their ordinary senses, sight, smell, hearing and touch Officers discover the evidence inadvertently Officers have a right to be where they are and are doing what they have a right to do Consent search rule Must be voluntary

11 Stop and frisk Not under arrest Pat downs of outer clothing Should back up with reasonable suspicion to stop Search incident to arrest Body cavity

12 CURTILAGE The area immediately surrounding a house or domicile including all structures within that area having the same constitutional protection as the house or domicile itself

13 Automobiles Open fields and abandoned property Electronic eavesdropping U.S. Patriot Act of 2001 has changed this Prison cells No expectation of privacy

14 ARREST Must have probable cause The act of taking a person into physical custody by authority of law for the purpose of charging the person with a crime Not free to leave In the case of a misdemeanor it must have taken place in the officer s presence, there are exceptions

15 Interrogation Miranda You have the right to remain silent Anything you say can be used against you in a court of law You have the right to talk to a lawyer and have a lawyer present while you are being questioned

16 If you want a lawyer before or during questioning but cannot afford one, one will be appointed to represent you If you answer questions now without a lawyer you still have the right to stop answering questions at any time

17 Then must be asked: Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk with me now? Silence alone is not a waiver

18 PUBLIC SAFETY EXCEPTION TO MIRANDA NEW YORK V. QUARLES State v Scales 1994 MN decision

19 EXCLUSIONARY RULE THROWS OUT GOOD EVIDENCE BECAUSE OF BAD POLICE BEHAVIOR Deters unconstitutional police behavior Good Faith Exception Officers who conduct a search, or who seize evidence, on the basis of good faith and who later discover that a mistake was made may still use the seized evidence in court. (Search Warrants)

20 Fruit of the poisoned tree doctrine Complex cases developed after years of police investigative effort may be ruined if defense attorneys are able to demonstrate that the prosecution s case was originally based upon a search or declared tainted. School searches

21 USE OF FORCE Police use legitimate force to gain control of resisting or fleeing suspects and to protect themselves or others from injury and death Officers will use force only when it is necessary in the performance of their legal duties

22 Authorized Use of Force REASONABLE force may be used when: In effecting a lawful arrest In the execution of legal process In enforcing an order of the court In executing any other duty imposed upon the public officer by the law

23 WHAT TYPES OF CALLS?? 2001 STUDY ARREST % DISTURBANCE % TRAFFIC STOPS %

24 TYPES OF FORCE DEADLY NON DEADLY REASONABLE EXCESSIVE

25 FACTORS TO CONSIDER OFFICER/SUBJECT FACTORS AGE SIZE SKILL LEVEL NUMBER OF OFFICERS/SUBJECTS

26 RECOGNITION OF THREAT

27 MALE VS FEMALE OFFICERS WHO IS INVOLVED IN MORE USE OF FORCE SITUATIONS?

28 NON DEADLY FORCE Non deadly force shall include all force actually used by an officer which does not have the purpose of causing, nor create a substantial risk of causing, death or great bodily harm

29 DECISIONS WHEEL AND USE OF FORCE CONTINUM

30 COMMAND PRESENCE Physical stance and gestures Physical appearance Voice tone, volume and inflection Word selection Eye contact

31 EXAMPLES NEAT, CLEAN UNIFORM POLISHED LEATHER BOOTS/SHOES POLISHED

32 EYE CONTACT SPEAKS WITH AUTHORITY CALM AND CLEAR

33 REACTIONARY GAP THE SAFE DISTANCE BETWEEN THE OFFICER AND THE OFFENDER

34 SOFT EMPTY HAND Non weapon unarmed techniques Escort holds Pressure Points Multiple officer response Verbal commands

35 Non lethal weapons Chemical aerosol Taser Less lethal specialty impact munitions Baton Flashlight K-9

36 HARD EMPTY HAND Punches Elbow strikes Kicks Knee strikes

37 IMPACT WEAPONS Taser Baton Flashlight

38 AREN T LISTENING??? PLAN B HANDS ON? PEPPER SPRAY? TASER? K9? BATON/ASP?

39 DEADLY FORCE Force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing, death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force

40 CAN BE USED WHEN To protect the peace officer or another from apparent death or great bodily harm To effect the arrest capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force

41 Reasonably believe that other means of capture are not readily available, and that the suspect will escape if deadly force is not used Reasonably believe that the use of deadly force presents no obvious direct threat of danger to innocent persons

42 WHEN DO POLICE DRAW THEIR GUNS? TO SCARE? SHOW AND TELL? WARNING SHOT? WHEN DEADLY FORCE IS A THREAT

43 If feasible, the officer shall identify himself/herself and give warning prior to the use of deadly force

44 Tennessee v Garner Reasonably believe that the fleeing person is the felon Reasonably believe that the fleeing felon has committed a violent felony, involving the use of, or threatened use of, deadly force Reasonably believe that the suspect poses an immediate threat to the officer or others

45 DEADLY FORCE Any force that can result in death or great bodily harm NOT JUST LIMITED TO FIREARMS

46 VEHICLE PURSUIT DEFINITION A multi-stage process by which a police officer initiates a vehicular stop and a driver resists the signal or order to stop, increases speed, takes evasive action and/or refuses to stop the vehicle. Once the driver refuses to obey the police officer s signal or order, the department s policy will determine the officer s actions

47 DO THE DANGERS CREATED BY THE PURSUIT INCIDENT EXCEED THE DANGER POSED BY ALLOWING THE PERPETRATOR TO ESCAPE????

48 CONSIDERATIONS Seriousness of the original offense Time, day and location Weather and roadway conditions Vehicular and pedestrian traffic presence Capability and quality of police equipment including communications Pursuit speeds and evasive tactics

49 TACTICS P.I.T. Pursuit intervention technique Boxing tactic Low speed Pinning tactic After pursuit vehicle has lost control Tire deflation devices

50 Roadblocks It is not the purpose of a roadblock to cause a collision. The violator must be given the opportunity to slow and stop prior to a roadblock

51 EXCESSIVE FORCE Consequences of using excessive force Violation of department policy Administrative sanctions State violations Criminal charges Civil Federal violations Criminal and civil

52 VICARIOUS LIABILITY LIABILITY IS SHARED OFFICER DEPARTMENT CITY/COUNTY

53 POLICE CORRUPTION The abuse of police authority for person or organizational gain Gratuities slippery slope Internal affairs IA s Citizen Review Boards

54 ETHICS The special responsibility to adhere to moral duty and obligation that is inherent in police work Police Code of Ethics

55 FORCES AFFECTING Personal finances Diversity issues Family values Subculture Community response Frustrations with courts Peers ETOH/drug use

56 Promotion system Leadership Reward structure Dept values Quality of supervision Training Hiring process

57 Civilian Review Board Community demands Media Politics Courts

58 98%

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