Transcript CH 12 Powerpoint - Sierra College Administration of Justice

AJ 53 –
Police Field Operations
Chapter 12 –
Arrest, Search, Custody,
And Use of Force
Police Powers of Arrest
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Why is a Peace Officer’s authority to arrest such a
powerful responsibility?
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It means taking away a person’s liberty!
Officers must understand/appreciate this responsibility
What determines an arrest?
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Constitutional Protections
Criminal Laws
Laws of Arrest
Department Policy
Officer Discretion
Criminal Behavior
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Crime requires union of…
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Criminal Act (or Omission), and
Intent (or Negligence)
Types of Arrests…
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Warrant
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Arrest order signed by Magistrate
Specific person, charges, etc.
Without Warrant
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Other circumstances allowing lawful arrest
Warrantless Arrests
by Peace Officers (836 PC)
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Reasonable Cause that a crime (misdemeanor
or felony) was committed in officer’s presence
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Felony committed, not in officer’s presence
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Perceived by any of the senses
Elements of crimes, corpus delicti, etc.
Reasonable Cause to believe that a felony
was committed, whether or not the felony
actually occurred
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Based on reasonable observation/interpretation
Arrest Considerations
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Knock and Notice
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Notification of Arrest to Arrestee
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Authority, charges, etc. (841 PC)
Diplomatic Immunity
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Requirement to announce and identify unless exigent
circumstances dictate otherwise
Ambassadors and families immune from arrest
Right to contact consular official
Entrapment
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Idea of criminal activity implanted by police
Levels of Police Interaction
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Consensual Contact
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Detention
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Person free to leave, does not have to cooperate or
answer questions
No force/coercion/restraint may be used
Person not free to leave based on Reasonable
Suspicion
Pat-down for weapons may be justified
Arrest
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Actual restraint of the person or submission to
custody
Using Force to Arrest
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Persuasion whenever possible, Force if
necessary!
How much force may an officer use?
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Only what is reasonable and necessary
Once compliance/control achieved, force no
longer needed or justified
Officers must exercise control of…
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Self – Suspect – Situation
Related Penal Code Sections
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834a PC
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835 PC
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Citizen’s duty to refrain from resisting arrest
Officer may use reasonable restraint to arrest
835a PC
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Officer may use reasonable force to
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Effect arrest
Prevent escape
Overcome resistance
“Reasonable” should be defined from the
perspective of the individual officer at that
particular moment in time!
Officer Use of Lethal Force
196 PC – Justifiable Homicide by PO
 In obedience to court judgment
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To overcome actual resistance
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Death-penalty executions
Only if deadly force being used
To retake into custody an escaped/fleeing felon
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Only if escape creates imminent deadly threat
Use-of-Force Considerations
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Equal in Proportion
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Force used must be in equal proportion to force being
used against you
Appropriate choice of available use-of-force options
Fear
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Not the same as cowardice!
What were you “afraid of” that caused you to use
force?
Important to include in reports/documentation
Use-of-Force (continued)
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Imminence
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Threat requires an immediate response
If threat increases, decreases, or disappears,
use-of-force response changes accordingly
Reasonable-Person Test
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From viewpoint of officer using force
From viewpoint of person witnessing event
Use-of-Force Continuum
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Guided by Laws & Department Policy
Various models
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Ladder, elevator, spokes of a wheel
Common elements…
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Command Presence, Verbal Commands
Hands-On, Control Holds, Takedowns
Intermediate Force
Lethal Force
Use-of-Force Options
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Command Presence
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Weaponless Defense
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Arrest & Control, FBI, Koga, Cameron
Martial Arts training?
Less-Lethal
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Academy & On-the-Job-Training
OC, Baton, Taser, Bean Bag, Pepperball
Lethal Force
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Handgun, Shotgun, Patrol Rifle, etc.
Use of Firearms
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Potentially taking a human life is an
awesome responsibility!
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Safety is absolutely important at all times
Common Elements of “Shooting Policies”
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Minimum Training & Qualification Standards
Drawing, Firing, etc.
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Warning Shots, Vehicles, Animals, etc.
Reporting & Documentation Requirements
Follow-up Investigation Procedures
Types of Searches
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Frisk or Pat-Down
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Field/Arrest Search
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Cursory search of outer clothing for
weapons only, during lawful Detention
Thorough search for weapons, contraband,
means of escape
Strip Search/Body-Cavity Search
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At the jail during Booking
Searching Techniques
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Maintain position of advantage
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Maintain control over subject at all times
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Top-down, waistband first, quadrants
Three possible positions
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Verbal and physical
Handcuffs if necessary
Systematic and Thorough!
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Keep subject off-balance
Standing
Kneeling
Prone
Issues when searching Females? Juveniles?
Handcuffing Techniques
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When and how?
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Become proficient in variety of handcuffing
techniques from various positions
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Governed by Training & Department Policy
Behind the back!
Standing, kneeling, prone
Maintain control over subject
Speed-Cuffing
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Apply handcuffs as quickly & smoothly as possible
Double-lock as soon as practicable
Transporting Prisoners
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Thoroughly search vehicle at beginning of
every patrol shift
Search back seat area after every prisoner
transportation
Use seatbelts, restraints per Policy
You are ultimately responsible for
prisoner’s health, safety, and well-being!
Vehicle Searches
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Consent
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Plain View
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Based on observations, investigation, etc.
Incidental to Arrest
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Items found in plain view can be seized
Probable Cause
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Given freely without coercion
Limited access without a warrant
Inventory Searches
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Towed & stored, recovered stolen etc.
Searches of Premises
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Obtain Warrant whenever possible!
Warrant Exceptions…
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Consent
Plain View
Fresh Pursuit
Exigent Circumstances
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Destruction of Evidence
Chimel vs. CA
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May search arrestee and immediate area for…
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Instrumentalities/fruits/evidence of the crime
Contraband
Weapons that may be used for assault/escape