Supervisor Book - Chapter 14

Florida v. Harris, 568 U.S. 237, 2013

The Supreme Court of the United States (SCOTUS) has also determined that an alert from a properly trained canine constitutes sufficient grounds to determine probable cause to search

What is the appropriate standard in assessing a section 1983 claim in the context of a police pursuit?

"shocks the conscience" standard

What are the four main exceptions to Miranda?

(1) Routine Booking Exception, (2) Routine Traffic Stops for Traffic Violations Exception, (3) Unsolicited Statements (Excited Utterance), and (4) the Public Safety Exception.

Sources of information that may support reasonable suspicion come from what three sources?

(1) citizen informers, (2) confidential informants, and (3) anonymous tipsters.

What are the two categories of identifications made by police

(1) in-person identifications, such as a show-up or a lineup, and (2) photographic identifications

What is the recommended process that employees should follow to determine whether and how it is able to accommodate an otherwise qualified individual with a disability? (5 steps)

1. The employer should carefully consider the particular position in question to determine the purpose of that position and its essential functions. 2. The employer should consult with the individual with a disability to determine the individual's abilities and limitations as they relate to the essential functions of the position. 3. Next, again in consultation with the individual with a disability, the employer should identify potential accommodations and assess how effectively each would enable the individual to perform the essential job functions. 4. The employer must also assess the potential impact of provision of the accommodation on the organization and its operations. This would include an assessment of whether providing the accommodation would impose an "undue hardship" on the employer. That is, whether the accommodation would be unduly costly, extensive, substantial, disruptive, or would fundamentally alter the nature or operation of the agency. 5. Finally, in order for the employer to ensure that an accommodation would be effective in enabling the individual to enjoy equal employment opportunity, the employer should consider the preference of the individual for a particular accommodation, and should select the accommodation that will best serve the needs of both the employer and the individual.

According to the Law Enforcement Officers Safety Act (LEOSA), A qualified law enforcement officer means an officer who (6 things)

1. is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for any violation of law, and has statutory powers of arrest or apprehension. This includes state and public college/university police officers. 2. is authorized by the agency to carry a firearm; 3. is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers; 4. meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm; 5. is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and 6. is not prohibited by federal law from receiving a firearm.

According to the Law Enforcement Officers Safety Act (LEOSA), A qualified RETIRED law enforcement officer means an officer who (6 things)

1. is separated from service in good standing from service with a public agency as a law enforcement officer; 2. before such separation was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for any violation of law, and had statutory powers of arrest or apprehension; 3. before such separation served as a law enforcement officer for an aggregate of 10 years or more; or separated from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency; 4. during the most recent 12-month period has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the state in which the individual resides or, if the state has not established such standards, either a law enforcement agency within the state in which the individual resides, or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state; 5. has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued photographic identification; or has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept photographic identification; 6. is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and 7. is not prohibited by federal law from receiving a firearm.

According to the U.S. Department of Labor, eligible employees are entitled to ____ workweeks of leave in a ____-month period for qualified reasons, as well as _______ workweeks of leave during a single ____ month period to care for a covered service member with a serious injury or illness, if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

12 workweeks 12-month 26 workweeks 12-month

Prado Navarette v. California, 572 U.S. ______, 95 Crim. L., Rprtr, 89, U.S., 2014

A 911 emergency line has been deemed to add a measure of reliability, due to the 911 system's ability to provide caller information. Courts have found that 911 callers for this reason are less likely to provide false information to the police.

Michigan v. Long, 463 U.S. 1032, 1983)

A Terry search may extend as well to a protective search of the passenger compartment of a car, if an officer possesses a reasonable belief, based on specific and articulable facts that the suspect is dangerous and may gain immediate control of a weapon

The Law Enforcement Officers Safety Act

A U.S. Federal Law allowing qualified active and retired law enforcement officers from local and state agencies to carry concealed firearms. The law also requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed.

The Family and Medical Leave Act of 1993 (FMLA)

A U.S. labor law requiring covered employers to provide eligible employees with unpaid (job-protected) leave for qualified medical and family reasons.

third-party doctrine

A doctrine where information disclosed to a third party carries no reasonable expectation of privacy One consideration in the development of the third-party doctrine was the "nature of the particular documents sought," and the level of intrusiveness that extensive cell-site data weighs against application of the doctrine to this type of information. Additionally, the third-party doctrine applies to voluntary exposure, (while a user might be abstractly aware that his cell phone provider keeps logs, it happens without any affirmative act on the user's part)

Routine Traffic Stops Exception (Miranda Exception)

A routine traffic stop does not generally involve some type of restraint on a driver's freedom; however, the courts have held that a typical roadside detention does not place the driver "in custody" for the purposes of requiring the administration of Miranda warnings Birkemer v. McCarty, 469 U.S. 420, 1984

Michigan v. Summers, 452 U.S. 692, 1981

All officers should know that a warrant to search a premise for evidence does authorize an officer to detain the occupants for a reasonable amount of time while a proper search is conducted. Officers may take all reasonable safety measures during the execution of a search warrant. Those present may be lawfully detained and handcuffed if necessary, to ensure officer safety.

U.S. v. Sharpe, 470 U.S. 675, 1985

An investigative detention is not an arrest; however, the courts have held that a lack of brevity in these situations can and will convert the situation to a de facto arrest

Police - Citizen Contacts (Concept)

An officer under your supervision can approach a person, and attempt to speak with them at any time, as long as it is not fueled by race, ethnicity, or country of origin A police officer need not have any suspicion that the person is engaged in criminal activity in order to approach and speak to the person, as long as the officer is careful not to exert physical control or official authority over the person. Officers may ask a person non-accusatory questions such as a person's name, address, and destination—that is, as long as those questions are related to the objective, credible reason for the approach, and if the questions are asked in a non-accusatory manner.

United States v. Watson, 423 U.S. 411, 1976

Arrests are subject to the requirements of the Fourth Amendment. However, the courts have upheld the ability of police officers to take a person into custody without a warrant, if they have probable cause to believe the person has committed a felony or a misdemeanor in their presence

In Re Gault, 387, US 1, 1967

Comply with the requirements of the Fifth, Sixth, and Fourteenth Amendments These requirements included adequate notice of charges, notification of both the child and his parents as to the juvenile's right to counsel, opportunity for confrontation of witnesses and their cross-examination at the hearings, and adequate safeguards against self-incrimination

Minnesota v. Dickerson, 508 U.S. 366, 1993

Court held that an officer may seize an object if, in the course of a weapons frisk, "plain touch" reveals the presence of the object, and the officer has probable cause to believe it is contraband. Obvious contraband may be seized, but a search may not be expanded to determine whether an object is contraband

Illinois v. Gates, 462 U.S. 213, 1983)

Courts have held that information from known criminal informers (confidential) must be corroborated for their reliability and veracity

United States v. Wade, 38 U.S. 218, 1967)

Even after a suspect has been formally charged, the suspect has no right to refuse to participate in a fairly conducted identification procedure, and the suspect's lawyer has no right other than to be present as an observer

What are two exceptions to LEOSA?

First, state law allows private persons or entities to prohibit or restrict the possession of concealed firearms on their property (bars, private clubs, amusement parks). Second, there are prohibitions from carrying a firearm on certain local, state, and federal properties.

Public Safety Exception (Miranda Exception)

If there is a threat to public safety, questions may be asked without the administration of Miranda Warnings NY v. Quarles, 4677 U.S. 649. The threat may be immediate such as an active shooter or a threat of terrorism.

Seizing Recording Equipment

In exigent circumstances in which it is reasonable to believe that the recording will be destroyed, lost, tampered with, or otherwise rendered useless as evidence before a warrant can be obtained, the recording device or media typically may be seized under a temporary restraint. However, a warrant is usually required in order to examine and copy the recording. In exigent situations where it is objectively reasonable to believe that immediate viewing of recordings is necessary to prevent death or serious bodily harm of another before a warrant can be authorized, courts generally have ruled the recording device or media may be seized and viewed.

To waive Miranda, a suspect should do so __________, __________ and __________.

Knowingly, Voluntarily, and Intelligently.

Canine Sniffs

Motorists' vehicles are not protected from the "nosy" inquiries of drug-sniffing dogs during routine traffic stops in public areas The detention of a person, vehicle, package, or container for the purpose of a canine search must be based on reasonable suspicion or voluntary consent. If the vehicle or container is already lawfully detained for some other purpose such as a lawful motor vehicle stop, the Fourth Amendment does not require additional justification for a canine sniff of the exterior of the vehicle. The ability to utilize a canine in these circumstances only extends to the time reasonably necessary to complete the lawful objective of the motor vehicle stop.

Police Custody (Definition)

Police custody is generally accepted as anytime the police deprive a person of his or her freedom of movement in a significant way. The courts have taken a practical approach in defining it, meaning a person being arrested.

(Chimel v. California, 395 U.S. 752, 1969

Police officers arresting a person at their home could not search the entire home without a search warrant; however, police were permitted to search the area within the immediate reach of the person at the time of the arrest.

Routing Booking Exception (Miranda Exception))

Police officers question someone under arrest during the booking process, but are not really interrogating them. The questioning is limited to the purpose of obtaining biographical information for the arrest and booking process.

Exclusionary rule

Prohibits evidence obtained in an illegal search and seizure from being used in a court of law.

The standard for making an investigative detention is

Reasonable Suspicion The encounter should be brief and only take the time absolutely necessary to determine whether the person was or was not engaged in criminal activity.

Photographic Identification

Referred to as a photo lineup, photo array or photo display. During the showing of the photographs, the suspect has no right to have legal counsel present Displaying photographs for identification purposes must not be unduly suggestive. In cases of multiple suspects, the photographs should only contain one photo of a suspect in each lineup It is best practice if someone other than the primary investigator in the case shows the photographic lineup to a victim or witness

Unsolicited Statements Exception (Miranda Exception)

Routine on-scene questions such as "what happened here" or "what is going on here" do not require the administration of Miranda warnings. If the suspect makes an unsolicited statement to the officer, the unsolicited statement or excited utterance as they are sometimes called will most likely be admissible in court.

What is the difference between a Simultaneous Photo Lineup and a Sequential Photo Lineup

Simultaneous Photo Lineup - Show photos all at once in an array Sequential Photo Lineup - Show photos one at a time

The Supreme Court held the _________ Amendment does not guarantee the right to counsel for photographic displays held for the purpose of allowing a witness to attempt an identification of the offender.

Sixth

What is the totality of the circumstances standard

Suggests that there is no single deciding factor that the courts must consider all the facts, the context of those facts as they were known at the time of an incident, and conclude from the whole picture whether there is probable cause, or whether an alleged detention is really a detention, or whether someone's actions were legal and justified.

Florida v. Jardines, 569, U.S. 1, 2013

The SCOTUS also made it clear that conducting a canine sniff of a residence or its curtilage qualifies as a search that is protected by the Fourth Amendment.

Welsh v. Wisconsin, 466 U.S. 740 (1986)

The Supreme Court held that the warrantless entry into the residence was unlawful, because the need to arrest for a non-jailable traffic offense did not amount to an exigent circumstance.

Ohio v. Robinette, 519 U.S. 33, 1996

The U.S. Supreme Court has held that when looking at the totality of the circumstances, it may be reasonably concluded that if a defendant consents to be searched, even if not first advised that he is "free to go," the ensuing search will be recognized as voluntary. Once the police investigation related to the stop ends, the detention becomes unreasonable without the required reasonable suspicion.

City of Canton, Ohio v. Harris, 489 U.S. 378, 1989

The U.S. Supreme Court held that municipalities may be liable for inadequate training of employees, but only when "the failure to train amounts to deliberate indifference" to the constitutional rights of the people with whom the employees will interact.

Riley v. California 573 U.S.______, 2014

The U.S. Supreme Court unanimously held that the police generally may not, without a warrant, search digital information on a cellular phone seized incident to an arrest.

Hot Pursuit or Fresh Pursuit

The bottom line is if a suspect commits a crime (a felony offense) in a public place, he or she cannot frustrate an arrest by retreating inside a private residence. The police officers have the right to pursue the suspect on foot into and inside a private dwelling and effect the arrest that they had the right to make in a public place U.S. v. Santana 427 U.S. 39, 1976 Court would be reluctant to uphold a hot-pursuit entry to arrest someone for a relatively minor offense (due to implied language in Welsh v. Wisconsin)

In-person Identification

There is no constitutional right to counsel for an identification that takes place before the accused is indicted or formally charged. However, after a person is indicted or formally charged, he or she has the right to counsel at any law enforcement conducted in-person identification proceeding.

This standard suggests that there is no single deciding factor that the courts must consider all the facts, the context of those facts as they were known at the time of an incident, and conclude from the whole picture whether there is probable cause, or whether an alleged detention is really a detention, or whether someone's actions were legal and justified.

Totality of the circumstances.

Carpenter v. U. S., 585 U.S. ______, 2018

Warrant required for the cell-site location information.

Terry v. Ohio, 392 U.S. 1, 1968

When a police officer has a reasonable suspicion that an individual is armed and dangerous, has committed, is committing, or is about to commit a crime, the officer may stop and temporarily detain an individual for a pat-down frisk of the suspect's outer clothing The frisk of a suspect requires the officer to independently believe the person that is stopped is presently armed and dangerous

The ADA covers a wide range of individuals with disabilities. An individual is considered to have a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, such as

caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working **Anything related to the specific person, not the caring of friends/family.

A twenty-first-century police leader has an enormous responsibility to: (5 items)

enforce the law, give their subordinates lawful orders, maintain order, build public trust through transparency, and ensure the constitutional rights of everyone they serve

Police officers are only required to Mirandize a suspect if the intend to ________________ that person while they are in custody.

interrogate The equation is simple: Custody (c) plus Interrogation (I) equals Miranda (C + I = M)

Officers may not ____, _____, _____, _____, ____ or _____ against any person engaged in First Amendment conduct for the purpose of _____, _____, or _____ the person from exercising his or her First Amendment rights.

investigate, prosecute, disrupt, interfere with, harass, or discriminate punishing, retaliating, or preventing

Lawsuits occurring due to the injury or death of individuals during a pursuit typically claim ___________ on the part of the police officers, their supervisors, as well as the agencies they work for.

negligence

Members of the public, including media representatives, have a clear-cut constitutionally protected First Amendment right to record officers in public places, as long as their actions do not interfere with the _____________ or ___________________________________________.

officer's duties, or the safety of officers or others

Harlow v. Fitzgerald, 457 U.S. 800, 1982

qualified immunity defense The U.S. Supreme Court ruled that government officials are generally shielded from liability, insofar as their (objective) conduct does not violate clearly established constitutional rights, of which a reasonable person would have known to assert.

The ADA requires law enforcement agencies to make __________________ accommodations to their policies, practices, and procedures that will ensure accessibility for individuals with disabilities. That is, unless making such accommodations would fundamentally alter the program or service involved.

reasonable

A motor vehicle stop is based on _______________.

reasonable suspicion Delaware v. Prouse, 440 U.S. 648, 1979

The ultimate touchstone of the Fourth Amendment is _________________

reasonableness

A Terry stop is a _____________ within the meaning of the Fourth Amendment.

seizure

Investigative detentions are sometimes referred to as _______ and ______

stop and frisks. ** However, the detention is the stop, and a frisk is not automatically conducted each time you stop a suspect for criminal activity.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an __________ ____________ on the operation of the employer's business.

undue hardship

In the context of a motor vehicle setting, a consent to search a motor vehicle has been deemed to be valid if the consent is given ____________

voluntarily

A consent search must be _______________

voluntary

While the U.S. Constitution makes it clear that the gold standard for police searches is a _________________, there are exceptions to this rule.

warrant (4th Amendment)

The First Amendment protects, but is not limited to the following rights:

• hold ideas or beliefs concerning public policy, or political, educational, cultural, or religious matters; • communicate such ideas or beliefs, publicly or privately, orally, or in writing; • associate and assemble with others concerning such ideas or beliefs; • petition the government or government officials for redress of grievances; or • associate for the purpose of seeking and giving legal advice and advancing litigation.

A citizen who is recording the police may not (4 items)

• interfere with an investigation, • physically obstruct police actions, • engage in witness tampering, or • impede the movement of emergency equipment, personnel, vehicular, or pedestrian traffic.

What are some qualified reasons to be granted FMLA?

• the birth of a child, and to care for the newborn child within one year of birth; • the placement with the employee of a child for adoption or foster care, and to care for the newly placed child within one year of placement; • to care for the employee's spouse, child, or parent (but not a parent "in-law"), who has a serious health condition; • a serious health condition that makes the employee unable to perform the essential functions of his or her job; • any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty"