Transcript O.P.O.T.A. BASIC ACADEMY

JUSTIFYING A TACTIC
USE OF TRAINED TECHNIQUE
Taught during basic training or later in
advanced training, as an acceptable police
tactic
DYNAMIC ATTEMPT at a TRAINED TECHNIQUE
Attempting a trained technique and the
suspect’s actions direct the technique away
from the original target (asp hit to head)
EMERGENCY CIRCUMSTANCE
Not a trained technique, but justified under the
circumstances, ie. Groin rips, Eye gouges.
Immediate personal safety issue that is
life-threatening. “Do or die situation!”
SOVEREIGN IMMUNITY
A type of immunity that in common law
jurisdictions traces its origins from early English
law
(hence the saying, the king can do no wrong)
Generally speaking, it is the doctrine
that the government cannot commit a
legal wrong and is immune from
civil suit or criminal prosecution
SOURCE: Wikipedia, the free encyclopedia
ORC 2744.03(A)(6)
… the employee is immune from liability
unless one of the following applies:
(a) … acts or omissions were manifestly
outside the scope of the employee's
employment or official responsibilities;
(b) … acts or omissions were with malicious
purpose, in bad faith, or in a wanton or
reckless manner;
(c) Civil liability is expressly imposed upon
the employee by a section of the Revised
Code
In Ohio, all jails are under
the supervisory authority
of the Department of
Rehabilitation and
Corrections through the
Bureau of Adult Detention
(B.A.D.)
SPO #1-FIVE TYPES OF HOLDING
FACILITIES IN OHIO
FULL SERVICE JAIL
FIVE DAY FACILITY
EIGHT HOUR HOLDING FACILITY
MINIMUM SECURITY JAIL
TEMPORARY HOLDING FACILITY
DEFINITION OF TYPES O.A.C.
FULL SERVICE JAIL-A LOCAL
CONFINEMENT FACILITY USED
PRIMARILY TO DETAIN ADULTS FOR
MORE THAN 120 HOURS
FIVE DAY FACILITY-A LOCAL
CONFINEMENT FACILITY USED
PRIMARILY TO DETAIN
ADULTS FOR A
MAXIMUM OF 120 HOURS
DEFINITION OF TYPES O.A.C.
EIGHT HOUR FACILITY-A LOCAL
FACILITY USED PRIMARILY TO
DETAIN ADULTS FOR A MAXIMUM OF
EIGHT HOURS
TEMPORARY HOLDING FACILITY-A
LOCAL FACILITY WHICH PHYSICALLY
DETAINS ARRESTEES FOR A
MAXIMUM OF 3 HOURS FOR
PROCESSING AND/OR
AWAITING TRANSPORT
DEFINITION OF TYPES O.A.C.
“MINIMUM SECURITY JAIL” - A
LOCAL CONFINEMENT FACILITY
USED TO DETAIN SENTENCED
ADULTS FOR MORE THAN 120
HOURS
SENTENCES MAY BE FOR:
A MISDEMEANOR
FELONY OF THE 4TH
OF 5TH DEGREE
PRISONER BOOKING IS USED TO
GAIN THE NECESSARY
INFORMATION ON A PRISONER TO:
PRODUCE A POSITIVE I.D.
RECORD ALL PERTINENT INFORMATION
ABOUT THE PRISONER
START OR ADD TO THE PERSON’S
CRIMINAL HISTORY
PRODUCE A DOCUMENT THAT CAN BE
USED BY: THE ARRESTING
DEPARTMENT, THE BOOKING
DEPARTMENT, THE COURT OF
RECORD
PRISONER BOOKING IS USED TO GAIN
THE NECESSARY INFORMATION ON A
PRISONER TO:
EFFECTIVELY
ENFORCE THE
LAWS OF THE
LAND BY
PLACING
OFFENDERS IN
JAIL EITHER BY:
ARREST OR
COMMITMENT
Types of Searches
Visual Search (Street)
Frisk Search (Street)
Full Body Search (Street-Arrest)
Custodial Search (Station/Jail)
Strip Search
Body Substance Search (DUI)
Body Cavity Search
Search of Suspects
Asking for cooperation
usually works better than
ordering people around, but
there are exceptions.
SPO #2-DEFINITION OF BODY
CAVITY SEARCH
AN INSPECTION OF THE ANAL OR
VAGINAL CAVITY OF A PERSON THAT
IS CONDUCTED VISUALLY, MANUALLY;
BY MEANS OF ANY INSTRUMENT,
APPARATUS, OBJECT OR IN ANY
OTHER MANNER WHILE THE PERSON
IS DETAINED OR ARRESTED FOR THE
ALLEGED COMMISSION OF A
MISDEMEANOR OR TRAFFIC
OFFENSE
SPO #3 “STRIP SEARCH” MEANS
An inspection of the genitalia, buttocks,
breasts, or undergarments of a person that
is preceded by the removal or
rearrangement of some or all of the
person’s clothing that directly covers the
person’s genitalia, buttocks, breasts, or
undergarments and that is conducted
visually, manually, by means of any
instrument, apparatus, object, or in any
other manner while the person is detained
or arrested for the alleged commission of a
misdemeanor or traffic offense.
REASONS TO CONDUCT A BODY
CAVITY/STRIP SEARCH
EITHER OF THESE SEARCHES MAY BE
CONDUCTED IF A LEO OR AN EMPLOYEE OF
A LEO AGENCY HAS PROBABLE CAUSE TO
BELIEVE THAT THE PERSON IS
CONCEALING;EVIDENCE OF THE
COMMISSION OF A CRIME, FRUITS OF A
CRIME, TOOLS OF A CRIME, CONTRABAND
OR A DEADLY WEAPON AS DEFINED IN ORC
2923.11 THAT COULD NOT OTHERWISE BE
DISCOVERED
STRIP SEARCH/CAVITY SEARCH
A body cavity search or strip search
shall be conducted by a person or
persons who are of the same sex as
the person who is being searched
and the search shall be conducted in
a manner and in a location that
permits only the person or persons
who are physically conducting the
search and the person who is being
searched to observe the search.
DEFINITION OF A DEADLY
WEAPON
ANY INSTRUMENT, DEVICE, OR
THING CAPABLE OF INFLICTING
DEATH AND DESIGNED OR
SPECIFICALLY ADAPTED FOR USE
AS A WEAPON OR POSSESSED,
CARRIED OR USED AS A WEAPON.
ITEMS TO BE CONSIDERED IN
ORDER TO DETRMINE
PROBABLE CAUSE
THE NATURE OF THE OFFENSE
WITH WHICH THE PERSON TO BE
SEARCHED IS CHARGED
THE CIRCUMSTANCES OF THE
ARREST
THE PRIOR CONVICTION RECORD
OF THE PERSON, IF KNOWN
PROBABLE CAUSE
Absolute
Certainty
Proof Beyond a
Reasonable Doubt
(Articulable)
Reasonable Suspicion
Preponderance
Probable
Cause
Possibility /
Hunch
Interrogation Room Suicide
SPO #4-DEFINITION OF
PRELIMINARY HEALTH SCREENING
A SYSTEM OF STRUCTURED INQUIRY
AND OBSERVATION DESIGNED TO
PREVENT NEWLY ARRIVED INMATES,
WHO POSE A THREAT TO THEIR OWN
OR OTHERS’ HEALTH OR SAFETY,
FROM BEING ADMITTED TO THE
GENERAL POPULATION OF THE
JAIL AND TO GET THEM
RAPID MEDICAL CARE
BAD SEARCH/BAD CUFF
Over 95% of the reported 2007
escapes were from the back seat
of caged units.
Prisoner escapes, stolen or
damaged units. Over 1400
reported for past 3 years.
Average 1.28 reported
escapes per day.
SPO #5-THREE MAJOR ITEMS FOR
WHICH THE OFFICER MUST BE ALERT
DURING A PRELIMINARY HEALTH
SCREENING
BEHAVIOR
BODY DEFORMITIES AND EASE
OF MOVEMENT
CONDITION OF SKIN
BEHAVIOR EXAMPLES
STATE OF UNCONSCIOUSNESS
MENTAL STATUS
APPEARANCE
CONDUCT
TREMORS
SWEATING
DELUSIONS
HALLUCINATIONS
ABILITY TO COMUNICATE
BEHAVIOR EXAMPLES
SPEECH
POSTURE
DISORGANIZATION
MEMORY DEFECTS
DEPRESSION
EVIDENCE OF SELF-MUTILIZATION
SPO #7-FOUR CAUSES OF
ILLEGIBLE FINGERPRINTS
FAULURE TO PRODUCE THE FOCAL
POINTS
ALLOWING THE FINGERS TO SKIP
OR TWIST
FAILURE TO CLEAN THE FINGERS
AND INKING PLATE OR
FOREIGN SUBSTANCES
AND PERSPIRATION
INSUFFICIENT INK
4 UNUSUAL FINGERPRINT
SITUATIONS
CRIPPLED FINGERS
DEFORMITIES
LACK OF FINGERS AT BIRTH
AMPUTATION
REASONS WHY FINGERPRINT
CARDS ARE RETURNED
THE CARD CAN NOT BE SEARCHED
AGAINST THE ALPHABETICAL FILE
BECAUSE OF BAD IMPRESSION,
NO NAME, AGE, DATE OF BIRTH
LACK OF COMPLETE IDENTIFYING
INFORMATION INCLUDING SEX,
RACE, HEIGHT, WEIGHT,
NOTATIONS CONCERNING
MISSING SISTERS
CHARACTERISTICS OF
INKLESS FINGERPRINTING
DEVELOPED SO THERE IS A
PERMANENT PRINT
WHEN DEVELOPED, THE PRINTS
ARE IN BLACK INK
SYSTEM USES A NON-SMEARING
INK; NO MESS
ACCEPTABLE TO B.C.I. AND F.B.I.
FOR CLASSIFICATION, SEARCH
AND RETENTION
SPO #8-FIVE CATEGORIES OF
INFORMATION THAT A LEO AGENCY
SHALL PROVIDE TO THE VICTIM
THE ARREST OF SUSPECT
NAME OF DEFENDANT
WHETHER THE DEFENDANT IS
ELIGIBLE FOR PRETRIAL RELEASE
PHONE NUMBER OF LEO AGENCY
THE VICTIM’S RIGHT TO CALL
THE AGENCY AND ASCERTAIN
WHETHER THE DEFENDANT HAS
BEEN RELEASED FROM CUSTODY
Knisley v. Pike County JVS,
2010 (6th Cir.)
 Two students told their instructor
that cash, a credit card, and two gift
cards were missing from their
purses.
 Early during the searches, one
student told the school officials that
one of the students was hiding the
items in her bra.
Knisley v. Pike County JVS,
2010 (6th Cir.)
 The students were then taken into
the restroom individually and told to
unhook their bras and lower their
pants halfway down their thighs.
 Was such a search legal???
 Strip searches need an
“individualized suspicion”
Knisley v. Pike County JVS,
2010 (6th Cir.)
 Strip searches should be limited to
situations where
 (1) the school official can articulate specific
facts that indicate that the student is
presently concealing evidence of
wrongdoing beneath his/her underwear and
 (2) the school official can articulate specific
facts that indicate that the student is
concealing a dangerous object or dangerous
drugs and a less intrusive search (i.e.: outer
clothing and bags) has not located the
dangerous object.
SEARCH of
CELL PHONES
Ohio v. Smith,
(Dec 15, 2009)
Antwaun Smith was arrested on drug
charges after responding to cell phone call
made by a crack user acting as a police
informant. During the arrest, police
searched Smith and found a cell phone on
his person.
Later, police recovered bags containing
crack cocaine at the scene.
Officers subsequently searched the
contents of Smith’s phone without a
search warrant or his consent.
Ohio v. Smith,
(Dec 15, 2009)
They discovered call records and stored
numbers that confirmed prior calls
between Smith’s phone and the
informant’s phone number. Smith was
charged with possession of cocaine,
trafficking in cocaine, tampering with
evidence and two counts of possession of
criminal tools.
Should the evidence obtained
from the cell phone be
suppressed?
Ohio v. Smith,
(Dec 15, 2009)
…when the search is not necessary to
protect the safety of law enforcement
officers and there are no exigent
circumstances… police must obtain a
search warrant for the phones data…
U.S. v. Lanham, 2010
6th Circuit
 Lanham and Freeman worked as
jailers in Grant County, KY. Along
with their supervisor they decided
to “scare” an individual, who had
been arrested for a traffic violation,
by placing him in a general
population jail cell.
 Lanham and his supervisor
mocked the victim about his slight
appearance, and he was present
U.S. v. Lanham,
2010 6th Circuit
when his supervisor said that the
victim would make a "good
girlfriend" for the other inmates.
 When the supervisor stated that
they needed to teach the
victim a lesson, Lanham
quickly volunteered that he
knew a prisoner in Cell 101.
U.S. v. Lanham, 2010
6th Circuit
 Lanham talked to Inmate Wright,
within earshot of other inmates,
and explained that the guards
would be bringing a new prisoner
down and that they wanted the
prisoners to "fuck with" him.
 The inmates cheered at this news
when Lanham was present, and he
knew of that particular cell-block’s
reputation for violence.
U.S. v. Lanham, 2010
6th Circuit
 Lanham stated that the victim
should have been in a detox cell,
not in the general population, and
he admitted that he had asked
Inmate Wright to teach the victim
a lesson. Deputy Freeman also
failed to protect or assist the
victim after learning of the plan.
 Should the deputies be
personally liable for any harm???
U.S. v. Lanham, 2010
6th Circuit
 The victim was beaten and sexually
assaulted by other inmates. Are
the deputies liable???
 The court held that there was
sufficient evidence to support the
defendant’s convictions for
committing civil rights abuses in
violation of 18 U.S.C. §§
241 and 242.
Arrested & liable!!!
CONSEQUENCES
1. Civilly in state court;
2. Criminally in state court;
3. Civilly in federal court for federal
civil rights violations
(42 U.S.C. §1983);
4. Criminally in federal court for federal
criminal civil rights violations (42 U.S.C.
§241, 242);
5. Departmental discipline / IA investigations;
6. Family / personal issues
Illinois v. Lafayette 1983
Inventory search upon arrest
may extend to personal effects
in possession of the defendant
at the time he is booked, in this
instance a shoulder bag.
State v. Dempsey 1970
"A routine stationhouse search
without a warrant of a person, who
is being booked immediately prior to
his entering a cell for the purpose of
inventorying and safekeeping his
personal effects, is not violative of
the Ohio Constitution or the Fourth
or Fourteenth Amendments to the
United States Constitution."
State v. Matthews 1976
"A custodial search of the handbag
of one lawfully arrested for a
misdemeanor… is a reasonable
search under the Fourth Amendment
to the United States Constitution,
and evidence so obtained is properly
admissible in a criminal action."
State v. McAfee 1985
Shoplifter was detained by merchant
until police arrived. Since purse was
searched only after defendant had
expressly been placed under arrest,
it was a proper search incident to
arrest, since the arrest was
supported by probable cause, saving
search from being merely
investigative.
State v. Myers 1997
Woman was handcuffed and placed
under arrest for disorderly conduct in
the house where she rented a room.
Although her identity had been
established, officer said he went
through her purse looking for photo
ID. Legal?
Applying State v. Brown (1992), 63
Ohio St. 3d 349, held not to be a
valid search incident to arrest.
Dayton v. Nugent 1970
A policy of not allowing
calls during the four hours
immediately following
arrest is invalid.
2935.14 Right to
communicate with counsel
If the person arrested is unable to
offer sufficient bail or… as the case
may be, be speedily permitted
facilities to communicate with an
attorney at law of his own choice,
or to communicate with at least
one relative or other person for the
purpose of obtaining counsel
2935.20 Right to counsel
After the arrest… such person shall
be permitted forthwith facilities to
communicate with an attorney at law
of his choice… or to communicate
with any other person of his choice
for the purpose of obtaining counsel.
Such communication may be made
by a reasonable number of telephone
calls or in any other reasonable
manner.
2935.20 Right to counsel
No officer … shall prevent, attempt
to prevent, or advise such person
against the communication, visit, or
consultation provided for by this
section.
Whoever violates this section shall
be fined not less than twenty-five
nor more than one hundred dollars
or imprisoned not more than thirty
days, or both.