3rd Annual Chief Ben Thompson Law Enforcement Symposium
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Transcript 3rd Annual Chief Ben Thompson Law Enforcement Symposium
Charles P. Bauer, Esquire
Gallagher, Callahan & Gartrell, P.C.
214 North Main Street
Concord, NH 03301
[email protected]
Geaux Tigers!
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COMMON PROBLEMS TO LAW ENFORCEMENT
Persons with disabilities (PWD)
Emotionally disturbed individuals (EDI)
Primary goals
1.
Serve & provide equal & impartial police
services to PWD/EDI
2.
Protect PWD/EDI from inequitable
treatment based on disability
3.
Accommodate PWD/EDI without
jeopardizing safety
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AMERICANS WITH DISABILITIES ACT & NH LAW
ADA – Title II – 1990 federal law protects
PWD
RSA 354-A – NH state law protects PWD
Equal opportunity to gov’t services
(i.e. police services), employment, public
accommodations, transportation,
telecommunications
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DEFINITIONS
Disability – physical or mental
impairment
Substantially limits
1 or more major life activities
OR is regarded / perceived as
having a disability
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POLICIES & TRAINING – PWD/EDI
Written policies
Training – with experts
Sensitivity & awareness
Communication & assistance with
supervisors
Report writing
Failure to train / supervise
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PROTECTIVE CUSTODY
RSA 135-C:28, III
Probable cause
Demonstrated immediate danger of injury to
self or others
Medical referral, mental health referral, or
arrest
Official & Qualified Immunity
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ARREST & DETENTION - EDI/PWD
Totality of the Circumstances –
mental state is 1 factor
Probable Cause / reasonable
suspicion – articulate & report
facts
Official & Qualified Immunity
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ARREST & DETENTION - EDI/PWD cont’d
Visually impaired
Mobility impaired
Hearing & Speech impaired
“Undue financial burden”
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USE OF FORCE – EDI/PWD
Graham factors:
1. Severity of crime at issue
2. Poses an immediate threat to safety
3. Actively resisting
4. Attempting to evade arrest by flight
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USE OF FORCE – EDI/PWD cont’d
When dealing with PWD, consider
whether particular control/restraint
tactic is more dangerous/unreasonable
in light of disability
Can steps be taken to accommodate the
disability w/o jeopardizing safety?
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USE OF FORCE – EDI/PWD cont’d
PWD/EDI - Demonstrates Threatening Conduct
Police officers may/must respond appropriately to
real & immediate threats to safety, even if the
result of disability or emotional disturbance
Important - trained to distinguish between
conduct that creates real and immediate threat to
safety
Important – conduct resulting from a disability not
be criminalized where no crime committed
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BEST PRACTICES
Take time to asses situation
De-escalate
Calming attitude-speech & actions – sirens, lights,
crowd
Stay non-judgmental & non-threatening
Do not threaten arrest, weapons, conviction
Open 2-way communication
Avoid certain topics
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BEST PRACTICES cont’d
Allow person to vent
Do not approach too quickly or too soon – move slowly
– do not excite
Provide assurance of support & assistance
Try to be truthful
Consider options
Request back up
Communicate with Supervisor
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