BALTIMORE CITY SCHOOLS Baltimore School Police Force STOP AND FRISK

Transcription

1 STOP AND FRISK This Directive contains the following numbered sections: I. Directive II. Purpose III. Definitions IV. Background V. General VI. Required Actions VII. Effective Date I. DIRECTIVE It is the of the to use the Stop and Frisk Law, occasioned by the 10 June 1968 Supreme Court decision in the case of Terry v. Ohio, solely for the PROTECTION AND SAFETY OF POLICE OFFICERS AND OTHERS. II. PURPOSE The purpose of this Order is to promulgate departmental procedures regarding the conduct of a stop and frisk. III. DEFINITIONS Reasonable Suspicion the basis for the right to STOP. It is defined as being more than unsupported suspicion but less than that which amounts to probable cause, or reasonable belief that the suspect has committed, is committing, or about to commit a crime see Annex A. A. Search - implies INVASION AND QUEST to discover an article or articles hidden from view. By definition, a search is an endeavor to find, discover, or bring into view that which is concealed. B. Frisk - the external feeling or patting of the clothing of another person. It is the running of hands over another person s outer garments IV. BACKGROUND The Supreme Court in Terry v, Ohio, 392 U. S. 1, 1968 held in part:...where a police officer observes unusual conduct which leads him reasonably to believe in light of his experience that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous; where in the course of investigating this City Schools, April 23, 2013 Page 1 of 6

2 behavior he identifies himself as a police officer and makes reasonable inquiry, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or other s safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons (frisk) in an attempt to discover weapons which might be used to assault him. Such a search is a reasonable search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken. V. GENERAL A person may be stopped by an officer on reasonable suspicion, that he/she has committed, is committing, or is about to commit a crime, and may be asked his/her name, address, and an explanation of his/her actions. No right to frisk exists unless there is first the right to stop, but even then, a frisk is not lawful in every case in which the right to stop exists. A frisk is justified only when the officer reasonably suspects that the person lawfully stopped by him/her is armed, and presently dangerous to the officer, or to another person. The manner of approach, and tone of voice in which the suspect is approached by the officer in all cases, will be one of unfailing courtesy. The officer must be prepared to satisfy a court of law that he/she had sufficient grounds for reasonable suspicion of criminal activity by the suspect and that he/she had reason to believe the suspect was a threat to the safety of the officer or another person so as to sanction a search for weapons. Once the determination has been made that the officer or other person or persons are in danger, all that is necessary is a FRISK, an external feeling or patting of clothing, such as would reveal a weapon of immediate danger to the officer or another person. In instances in which a weapon is produced as the result of a frisk, the courts will scrutinize particularly closely all the circumstances relied upon for justifying the stopping and frisking. If an officer should stop and frisk anyone he/she must be prepared to explain to a court of law, in detail, the reasons for his/her actions in case. A. Right To Stop The Attorney General has listed some circumstances to be considered by the officer in determining whether reasonable suspicion exists so as to justify a stop. This list is not all inclusive and circumstances will vary in each case: 1. The appearance or demeanor of the suspect suggests he is not a law-abiding citizen. 2. The actions of the suspect appear to be related to a criminal activity. 3. The hour of the day or night. 4. The neighborhood suggests the suspect is not lawfully present, considering the hour. City Schools, April 23, 2013 Page 2 of 6

3 5. The clothing of the suspect bulges in a manner suggesting concealed weapon. 6. Whether the suspect is carrying anything, and if so, the nature thereof. 7. Proximity to a known crime scene and types of crime suspected based upon the officer s knowledge that a recent crime had been committed and that the suspect can be connected to that crime. 8. Prior knowledge of the officer including: a. Suspects prior record. b. Information from an informer or third party. c. My overheard conversation or knowledge gained in some other way that the suspect is or has been connected with a crime. d. Suspect is known by the police officer to be disposed to violence. There must be adequate observation or investigation by the officer, or information in possession, before the MQR of a suspect upon Reasonable Suspicion. A mere hunch or intuition is not sufficient; nor should a person be stopped merely because he/she is found near the scene of a crime or has a prior criminal record. The following guidelines should be observed in making an authorized STOP of a suspect: 9. Clear identification of the officer to the suspect: a. By being in police uniform. b. If not in uniform, by announcing he/she is a police officer and at the same time, displaying his/her badge or other police credentials. 10. Courtesy in word and deed in the initial accosting and throughout any questioning of the suspect is required. 11. Careful consideration of the rights of the citizen. 12. The length of time spent in conducting such inquiries should be reasonable. 13. The officer should maintain self-control and not become personally offended or emotionally involved in any controversy that might arise. B. Right To Question A suspect, who has been stopped upon reasonable suspicion, as described above, may be questioned by the officer to discover his/her: 1. Name 2. Address 3. An explanation of the person s actions. The suspect may not be compelled to answer these or any other questions. Upon refusal of the suspect to answer the officer s questions or to identify him/herself, he/she may be City Schools, April 23, 2013 Page 3 of 6

4 questioned further but may not be unduly detained nor may the suspect be deprived of freedom of movement in any significant manner unless the officer is prepared to make a formal arrest in accordance with the legal requirements for an arrest without a warrant The failure or refusal to answer questions, or answers considered unsatisfactory, however, are not alone sufficient to constitute probable cause for an arrest without a warrant. There must be other sufficient reasons, in addition to such failure or refusal to answer, to legally justify an arrest. The failure or refusal to answer questions does not bar a Frisk, if the officer reasonably suspects danger to his/her own or another s safety. Questions should be confined to the suspect s identity and present actions and will not be designed to elicit admissions or confessions, such as: a. What is your name, age? b. Where do you live--why are you here? c. Where are you going what are you doing? Such inquiries shall be conducted in a courteous manner and the length of time involved should be of a reasonable duration. C. Right To Frisk Clearly, no right to frisk exists unless there is a right to stop, nor is a frisk lawful in every case in which a right stop exists. A frisk is justified only when the officer suspects that he/she or another person is in danger. This claim is not to be used as a pretext for obtaining evidence. A frisk that is permissible is a patting down of the outside of the suspect s clothing for the discovery of deadly or dangerous weapons and for no other purpose. If the patting down or external feeling of the clothing fails to disclose evidence of a weapon, no further search may be made, but if the frisk indicates an object that could be a weapon, the officer is authorized to search that part of the suspect s clothing containing such object, but he/she may not search any further. However, if the object felt and found in the course of search is a deadly weapon and the evidence is that possession thereof is a violation of law, the officer may then and there arrest the suspect for a crime committed in his/her presence and then make a further search of the suspect and his/her immediate surroundings and seize anything in the nature of contraband, instrumentalities, fruits of crime, evidence. Conversely, if the object felt turns out to be a weapon, the object may be used to justify an arrest of the suspect, whether or not the object is contraband. If the suspect is carrying an object such as a handbag, suitcase, sack, etc., which may conceal a weapon, the officer should not open that item, but should see that it is placed City Schools, April 23, 2013 Page 4 of 6

5 out of reach of the suspect so that its presence will not represent any immediate danger to the officer. The officer has a duty to cease and desist from any further frisk when he/she fails to detect a weapon by an external feeling or patting down of the suspect, or when an object he/she believes to be a weapon is found not to be a weapon. NO FRISK IS APPROPRIATE UNLESS THE OFFICER REASONABLY SUSPECTS HE/SHE OR ANOTHER PERSON IS IN DANGER. In determining whether reasonable suspicion exists sufficient to support the frisking of the suspect, the following factors may be considered: 1. The type of crime suspected whether or not it is a crime of violence or one involving the use of a deadly weapon. 2. Reasonableness of the officer s fears for his/her safety or the safety of others. Where the officer must deal with more than one suspect, or where the officer does not have help close at hand, the situation may constitute a greater danger than otherwise. 3. The hour of the day or night. 4. The neighborhood - considering the hour. 5. Prior knowledge of the suspect. Is the suspect known to him/her? Does he/she have a record? Is he/she disposed to violence? 6. The appearance or demeanor of the suspect. 7. Does the suspect s clothing or person bulge in a manner suggesting a concealed weapon? 8. Age of the suspect. 9. Any other information provided the police officer by any of his/her senses or otherwise as to the suspect s potential for violence. When the officer has knowledge or information regarding more than one of the above factors, and/or any other information sufficient to justify a reasonable suspicion that the person stopped is presently armed and dangerous, he/she may frisk such person. THERE SHOULD BE A COMBINATION OF THE ABOVE FACTORS, AS ONE IN ITSELF WOULD NOT BE SUFFICIENT TO JUSTIFY A FRISK. VI. REQUIRED ACTION Stop and Frisk procedures as defined by this Order shall be used solely for the protection and safety of police officers and others and only under such circumstances as detailed herein. Stop and Frisk procedures shall not be used merely to shake down any individual or group of individuals. City Schools, April 23, 2013 Page 5 of 6

6 Additionally, it is of paramount importance the Stop and Frisk procedures as outlined in this Order continue to be exercised with all due caution, restraint and sensitivity. Specific procedures to be followed with regard to the unlawful wearing of a handgun are defined in the departmental General Order-- State of Maryland, Handgun Control Law, Enforcement and Reporting Requirements. VII. EFFECTIVE DATE This Order shall be effective on the date of publication. Marshall T. Goodwin, Chief I certify that I have read and fully understand this Order. Signature Date City Schools, April 23, 2013 Page 6 of 6