Police Process Final

Deadly force definition(s) (CH 13)

"Force that is likely to cause death or significant bodily harm" "Force that may result in the death of the person against whom the force is applied"

Example of use-of-force continuum: If the suspect is compliant, the officer should use only... (CH 13)

"cooperative controls"

Example of use-of-force continuum: If an officer perceives that the suspect is assaultive and likely to inflict serious injury or death, ___________ is justified. (CH 13)

"deadly force"

Purpose of arrest warrants (CH 10)

(Neutral and Detached Magistrate) The U.S. Supreme Court has said, The point of the Fourth Amendment... is not that it denies law enforcement the support of the usual inferences reasonable men draw from evidence. It protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. Basically: To make it fair for citizens so police do not take advantage of citizens' privacy.

tear gas (CH 13)

(lol do not recommend) -Theses gasses are irritants (basically death) -Used more often than pepper spray to clear a crowd

Steps for managing suicide-by-cop scenarios: (CH 13)

- Contain the area -Make a clear demand for compliance -Ask person what he or she wants (specifically ask if he or she is trying to kill themselves -If fam or friends of subject are present, ask if they are aware of their mental health history, chemical dependency, or criminal record - Remain a good listener, avoid making promises -Use a less-lethal weapon only as a diversionary tactic before making a planned attempt to apprehend but never as a stand alone tactic, as the use of such devices without an immediate attempt to apprehend may in fact escalate the situation

Patterns of Deadly Force (CH 13)

-African Americans and minorities are more likely to be shot than Caucasians (but no solid research) -Officers will generally respond with deadly force when mortally threatened and that minorities are considerably more likely to use weapons in assaults on officers than are whites. -Minority officers are involved in the shootings of suspects more often than other officers, may be due to the assignment of minority officers to poor inner-city areas.

What are the two types of force that are most likely to result in the injury or death of a suspect? (CH 13)

-Deadly force -Impact techniques

As pepper spray was introduced to departments... (CH 13)

-Officer injury declined -Use of excessive force declined

Types of less lethal weapons (CH 13)

-Stun guns -Tasers -Rubber bullets -Beanbag projectiles -Pepper spray

Example of legal abuse: (CH 13)

-Unnecessarily abuses a suspect during an arrest, violating Forth Amendment rights (free from unreasonable seizures) -Detective coerces a suspect into confession. Violation of Miranda rights.

force may include... (CH 13)

-hitting -holding or restraining -pushing -choking -threatening with or use of baton -flashlight -chemical -pepper spray -restraining with a police dog -using a Taser -threatening with or using a gun

Levels of force (pyramid picture in book pg. 207) (CH 13)

1. Deadly force- force capable of killing a suspect (gun) 2. Impact techniques- May involve physical contact or use of chemical spray or stunning weapons 3. Pain compliance- Seek compliance w/ pain. Should not cause lasting physical injury (pressure points) (goose neck while cuffing if resisting) 4. Firm grips- Physical grips on body directing a suspect when and where to move. They are not intended to cause pain 5. Command voice- Command voice is more vibrant than than his or her speaking voice (do this now) 6. Verbalization- Officers taught to speak persuasively. If this doesn't work, officers move on to more forcible options 7. Mere presence- It is believed that the simple presence of an officer will deter dangerous and criminal behavior

Types of Excessive force (CH 13)

1. Physical Brutality- likely result in injury or death 2. Verbal/Psychological abuse- Words or actions that go beyond standards of acceptability. (insulting/denying basic necessities during interrogation) 3. Legal Abuse-Violation of a persons rights

Arrest warrants must conform to certain 3 requirements (CH 10)

1.) A neutral and detached magistrate must authorize 1.) Neutral and detached magistrate must authorize the warrant 2.) A showing of probable cause must be made 3.) The warrant should be sufficiently particular so as to minimize the possibility of arresting the wrong person

Types of checkpoints (CH 10)

1.) Brief border detentions are constitutionally permissible ("national self protection", ID ones self before entering the country) 2.) The Supreme Court has upheld the establishment of roadblocks near the Mexican border designed to discover illegal aliens 3.) Warrantless, suspicionless sobriety checkpoints

Recommendations for CEDs: (CH 13)

1.) CEDs should only be used against suspects that are actively resisting, exhibiting active aggression, or to prevent individuals from self harm 2.) No more than one officer at a time should activate a CED against a person 3.) Should only use one cycle (five secs) at a time and use minimum cycles as possible. (Basically the other officer should use the window of opportunity to disarm someone instead of just standing there watching an individual be tased.) 4.) Training should emphasize that multiple cycles increase risk of death or serious injuries (especially those with mental health problems) 5.) Officers should be trained to recognize the limitations and prepared to transition to other force options as needed.

Factors used to distinguish between a Stop and a Consensual Encounter (CH 10)

1.) Degree of threatening behavior on the part of the officer 2.) Number of officers present 3.) Display of a weapon by the officer 4.) Physical touching of the person by the officer 5.) Orders by the officer, opposed to requests 6.) Intimidating language or tone of voice used by the officer 7.) Length of time involved 8.) Intrusive actions (such as full body search) 9.) Use of lights or siren 10.) Blocking of the person's path 11.) Coercive police behavior 12.) Location of the encounter away from public view

2 key elements in the sixth amendment approach (CH 10)

1.) Deliberate elicitation: An effort by a government actor to draw incriminating statements from a suspect who is not represented by counsel. 2.) Formal criminal proceedings: Include the formal charge, preliminary hearing, indictment, information, and arraignment. example: If an officer questions a person who has already been indicted and counsel is not present (violation)

Three main categories of suicide by a cop (CH 13)

1.) Direct confrontations in which suicidal subjects instigate attacks on police officers for the purpose of dying. 2.) Disturbed interventions, in which potentially suicidal subjects take advantage of police intervention in their suicide attempt in order to die 3.) Criminal interventions, in which criminal suspects prefer death to capture and arrest

Three approaches to confession law (CH 10)

1.) Fifth amendment 2.) Due process voluntariness approach -6th amendment approach 3.) Miranda rights

3 Types of Exigent Circumstances: (CH 10)

1.) Hot pursuit 2.) The likelihood of a suspect's escaping or presenting a danger to others 3.) Evanescent evidence (evidence likely to disappear to obtain a warrant)

Arrest Warrant Requirements for: 1.) Neutral and Detached Magistrate 2.) Probable Cause 3.) Particularity (CH 10)

1.) Neutral and Detached Magistrate: A neutral and detached magistrate must authorize the arrest warrant 2.) Probable Cause: The officer applying for the warrant must simply show probable cause that the person to be arrested committed the crime but not that the suspect will be found at a particular location. 3.) Particularity: If the suspect's name is known, then simply supplying the suspects name is enough to meet the particularity requirement. There are some situations, however where the suspect's name is not known. In such situations, a sufficiently specific description of the suspect supports issuance of a "John Doe" warrant. As long as other officers may locate the suspect with reasonable effort, the suspects name is not required.

Search warrant requirements for: 1.) Neutral and Detached Magistrate 2.) Probable Cause 3.) Particularity (CH 10)

1.) Neutral and Detached Magistrate: Similar to the arrest warrant requirements, a neutral and detached magistrate must authorize the search warrant. 2.) Probable Cause: Unlike arrest warrant requirements, the probable cause showing in a search warrant is twofold. 1- The officer applying for the search warrant must show probable cause that the items to be seized are connected with the criminal activity. 2- The officer must show probable cause that the items to be seized are in the location to be searched.

In Maryland v. Buie the Court expanded the scope of the incident search in two ways: (CH 10)

1.) Police may, as part of a search incident to arrest, look in areas immediately adjoining the place of arrest for other individuals who might attack the officer, no justification required. 2.) The court held that at any point up th ethe time of arrest is completed, the police may engate in a protective sweep. (a cursory visual inspection of those places in which a person might be hiding) but reasonable suspicion must exist for such a sweep to be justified. No justification is required after arrest.

Three Primary Levels of Justification (CH 10)

1.) Probable Cause- The standard for searches and seizures 2.) Reasonable suspicion- The standard for stop-and-frisk activities 3.) Administrative justification- The standard for administrative searches.

Searches and Seizures without warrants: (CH 10)

1.) Searches incident to arrest 2.) Searches based on exigent circumstances 3.) Automobile searches 4.) Plain View searches 5.) Consent searches

Plain view doctrine (CH 10)

1.) The police are lawfully in the area where the evidence is located 2.) The item is immediately apparent as being subject to seizure 3.) The discovery of the evidence is "inadvertent".

In helping to decide what a reasonable police officer would do, courts need to consider three factors: (CH 13)

1.) The severity of the crime 2.) Whether the suspect poses a threat 3.) Whether the suspect is resisting or attempting to flee the scene

The warrantless search of an automobile is permissible when... (CH 10)

1.) There is probable cause to believe that the vehicle contains evidence of a crime 2.) Securing a warrant is impractical

To define when a Fourth Amendment Search takes place, however, two important elements must be considered: (CH 10)

1.) Whether the search is a product of government action 2.) Whether the government action infringes on the individual's reasonable expectation of privacy

According to the Bureau of Justice Statistics in 2001, the number of justifiable homicides by police averages nearly _____ per year (CH 13)

400

In instances where used of force were used, _____% of the contacts were initiated by the police (CH 13)

80%

Reasonable suspicion (CH 10)

A belief, based on a consideration of the facts at hand and on reasonable inferences drawn from those facts, that would induce an ordinarily prudent and cautious person under the same circumstances to conclude that criminal activity is taking place or that criminal activity has recently occurred. Reasonable suspicion is the standard for less intrusive stop-and-frisk searches; it is less than probable cause but more than a hunch.

excited delirium (CH 13)

A condition in which a suspect experiences an overdose of adrenaline during a heated confrontation with the police. (Basically if a person seems to be mentally ill, call for medical assistance after Tazing the individual to avoid death. Those with excited delirium experience an adrenaline overload and shut down from stress.)

Conducted Energy Device (CH 13)

A device that uses electrical shock to incapacitate a suspect. Examples: Taser and Sticky Shocker

third degree (CH 13)

A formerly common coercive interrogation technique that combined psychological pressures with physical force (can't use anymore)

Death by Indifference (CH 13)

A person who was momentarily indifferent to the consequences of his threatening behavior

Probable cause (CH 10)

A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that another particular person has committed a specific crime. Probable cause is the only justification for search and seizure mentioned in the Fourth Amendment.

pepper spray aka OC (CH 13)

A so-called lachrymatory agent that causes irritation to the eyes and skin.

The Due Process Voluntariness Approach (CH 10)

A suspect's involuntary statement is not admissible in a criminal trial to prove guilt. A confession is involuntary when, under the "totality of circumstances that preceded the confessions," the defendant is deprived of his or her "power of resistance." Courts take a case-by-case aooriacg ti determine voluntariness, focusing on 2 issues: 1.) The police conduct in question 2.) The characteristics of the suspect

Less lethal weapons (CH 13)

A weapon that is designed to disable, capture, or immobilize rather than kill.

Sobriety checkpoints are examples of _____________ (CH 10)

Administrative search. Its purpose is to protect public safety.

Who is most likely to experience police force (CH 13)

African American Males (4.4% more likely)

When are arrest warrants required? (CH 10)

An arrest made in a public place does not require an arrest warrant (but it does require probable cause); an arrest made in a private place usually requires a warrant, unless special circumstances exist.

define functional equivalent of a question

Any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.

What happened in Katz v. United States? (CH 10)

Basically Katz expected privacy in a phone booth and the feds invaded it with a listening device. Katz won after Supreme Court reversed the lower court's decision.

Arm span rule was created by which court case? (CH 10)

Chimel V. California. The court held that "a warrantless search incident to a lawful arrest may generally extend to the area that is considered to be in the passion or under the control of the person arrested." For a weapon or something that can used be evidence against them.

As a level of justification lying below probable cause, reasonable suspicion is... (CH 10)

Considerably less than proof of wrongdoing by a preponderance of evidence, but more than a mere hunch.

Use of force (CH 13)

Defined as the use of physical restraint by a police officer when dealing with a member of the public.

impact mutations (CH 13)

Designed to stun or otherwise temporarily incapacitate a suspect or a dangerous individual so that law enforcement officers can subdue and arrest that person with less risk of injury or death to themselves and to others Examples: Beanbags, rubber bullets

Define seizure of a person (CH 10)

Do you feel free to leave?

what do studies show about use of force? (CH 13)

Even in instances where force is used, the police use primarily weaponless tactics.

True or False: Less lethal weapons are always safe and never cause death (CH 13)

False

True or False: The administrative search rationale is acceptable for detecting evidence of criminal activity. (CH 10)

False

True or False: use of excessive force and excessive use of force are the same thing (CH 13)

False

True or False: You do not have to read a suspect their Miranda Rights twice for a different crime (CH 10)

False.

True or False: You do not need a search warrant to enter a third party house to search the property for the person to be arrested. (CH 10)

False.

True or False: Since there is probable cause to search, it automatically creates probable cause to arrest.

False. Likewise, probable cause to arrest may not give rise to probable cause to search.

True or False: When a private individual seizes evidence or otherwise conducts a search, Fourth Amendment protections are triggered. (CH 10)

False. The Fourth Amendment was only created to protect searches from government officials.

Nondeadly force (CH 13)

Force that is unlikely to cause death or significant bodily harm

The Fourth Amendment protects citizens from _____________ action. (CH 10)

Government action

The sixth amendment approach (CH 10)

Guarantee to counsel in all "formal criminal proceedings" is violated when the government "deliberately elicits" incriminating responses from a person.

The Miranda approach

If the person being questioned is not in custody, Miranda rights do not apply. Simple police questioning, even full blown interrogation is not enough to trigger the protections afforded by the fifth amendment. The person subjected to such questioning must be in police custody.

The statute, 18 U.S.C Section 350 that was used in Dickerson v. United States to try and overrule Miranda (CH 10)

In any federal prosecution a confession "shall be admissible in evidence if it is voluntarily given." (The court refused to overrule Miranda)

Reasonable expectation of privacy (CH 10)

In the context of search and seizure law, one of the two elements that must be considered when defining a Fourth Amendment search. (the other element is government action) A reasonable expectation of privacy means that people who speak or act in private can reasonably expect that what they say or do will not be seen or heard by someone else.

Government Action (CH 10)

In the context of search and seizure law, one of two elements that must be considered when defining a Fourth Amendment search. (the other element is reasonable expectation of privacy) Government actions consist of measures to effect a search undertaken by someone employed by or working on behalf of the government.

Suicide by a cop (CH 13)

Individuals who are determined to die engage in behavior that causes responding officers to resort to deadly force.

The police must have ___________ or cause, before they can conduct a seizure. (CH 10)

Justification

When courts focus on the reasonableness of a search or seizure, they speak in terms of ____________. (CH 10)

Justification. Without this in searches or seizures, the police have violated the Fourth Amendment. Justification: The focus of a court's examination of the reasonableness of a search or seizure.

The idea that: Any police activity that was not trespassory in nature was not considered a search became out dated in which court case? (CH 10)

Katz v. United States

___________ is essential in interrogations (CH 10)

Miranda warnings

Use of force continuum (picture on pg .208) (CH 13) ON EXAM*********************

Officer Assessment: Officer Selection: (Suspect action) (Officer response) -Assaultive (serious LETHAL -Deadly force physical injury or death) -Assaultive (physical HARMFUL -Defensive tacts injury) -Resistant (active) VOLATILE - Compliance techs -Resistant (passive) TACTICAL - Contact controls -Compliant STRATEGIC -Cooperative controls

Supreme Court has imposed a number of restrictions on searches and seizures premised on hot pursuit (CH 10)

One court has observed that: Hot pursuit by itself, creates no necessity for dispensing with a warrant. The Ninth Circuit has stated that police officers must reasonably believe that 1.) The suspect either knows or will learn at any moment that they are in immediate danger of apprehension 2.) That evidence is being currently removed or destroyed and it is impractical to avert the situation without immediately arresting the suspects or seizing the evidence. 3.) A suspect is currently endangering the lives of themselves or others.

Frisk (CH 10)

Pat down of the outer clothing

Search incident to arrest court case (CH 10)

Preston V. United States: Police officers arrested occupants of a car and took them to jail. After this, the officers searched the car, which had been towed to an impounded lot. The Supreme Court noted that the possibilities of destruction of evidence or danger to the officers were no longer in place, as suspects were no longer present to pose a threat.

Special-needs searches (aka regulatory or administrative searches) (CH 10)

Primary purpose is noncriminal and to protect public saftey. Based on administrative justification, which was introduced earlier. Instead of PC or RC, the courts use a, "balancing test" that weighs citizens' privacy interests with public-safety interests. (2 most relevant are person inventories and vehicle inventories)

Despite the fact that a vehicle search is permissible without a warrant, the search must still be based on _________ (CH 10)

Probable cause

Fourth Amendment analysis requires that we focus on the ______________ of the search and seizure. (CH 10)

Reasonableness

Federal Deadly Force Policy (CH 13)

Restricts the use of force to situations in which the lives of agents or others are in danger. (fed agencies were criticized for not adopting it sooner)

Searches incident to arrest (CH 10)

Search made at the time of or shortly following an arrest, done out of concern for the safety of the arresting officer and others.

Which court case introduced reasonable suspicion? (CH 10)

Terry v. Ohio

Tennessee v. Garner (CH 13)

The 1985 U.S. Supreme Court case that specified the conditions under which deadly force could be used to apprehend suspected felons. Court ruled that: Deadly force may be used when two criteria are present 1.) It is necessary to prevent the suspect's escape 2.) The officer has probable cause to believe that the suspect poses a serious threat of death or serious physical injury to others. -Basically can't shoot a fleeing felon unless he is dangerous to society

Graham v. Connor (CH 13)

The 1989 U.S. Supreme Court case in which the Court declared that claims of excessive nondeadly force must be judged under the Fourth Amendment's reasonableness clause The calculus of reasonableness must embody allowance for the face that police officers are often forced to make split-second judgements in circumstances that are tense, uncertain, and rapidly evolving-about the amount of force that is necessary in a particular situation

Describe the scope of an automobile search determined by US V. Ross (CH 10)

The Supreme Court declared that as long as the police have justification to conduct a warrantless vehicle search, they may conduct a search "that is thorough as a magistrate could authorize in a warrant." The only limitation is "defined by the object of the search and the places in which there is probable cause to believe that it may be found."

Vehicle inventories (CH 10)

The Supreme Court held that warrantless inventories are permissible on administrative or regulatory grounds, however they must 1.) Follow a lawful impoundment 2.) Be of a routine nature and follow standard operating procedures 3.) Not be a "pretext concealing an investigatory police motive

weapons continuum (CH 13)

The array of nonlethal and lethal weaponry available to police officers, the selection of which depends on the situation. (Non-lethal=close proximity (few feet away)) (Lethal= far away)

Probable Cause defined by the Supreme Court (CH 10)

The facts and circumstances within the officers' knowledge and of which they have reasonably trustworthy information are sufficient to warrant a prudent man in believing that the suspect has committed or was committing an offense.

How to calculate force factor (CH 13)

The force factor is calculated by measuring both the suspect's level of resistance and the officer's level of force on an equivalent scale

force factor (CH 13)

The level of force used by a police officer relative to the suspect's level or resistance. (Key element to consider in attempting to reduce injuries to both the police and suspects)

Person inventories (CH 10)

The police may search an arrestee and his or her personal items, including containers found in his or her possession, as part of a routine inventory incident to the booking and jailing procedure. Neither a search warrant nor probable cause is required.

Fourth Amendment (CH 10)

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

force continuum (CH 13)

The spectrum of force available to a police officer, from the absence of physical force to the use of a deadly weapon

Problem police officers (CH 13)

Those who exhibit problem behavior, as indicated by a large number of citizen complaints, frequent involvement in use-of-force incidents, and other evidence.

True or False: A person can be seized. (CH 10)

True

True or False: Blocking a person's path can amount to a seizure. (CH 10)

True

True or False: Female officers are less likely to use physical force and more often use chemical weapons (most likely pepper spray) than are their male counter parts (CH 13)

True

True or False: Stop-and-frisk also amounts to a seizure. (CH 10)

True

True or false: The failure to give Miranda warnings does not, by itself, constitute a violation of constitutional rights, it only impacts the admissibility of statements given by the defendant (CH 10)

True

True or False: A suspect can pose a serious threat based on his or her past conduct or based on the nature of the crime in question. (CH 13)

True (but only a handful of courts have permitted deadly force based solely on past dangerousness and ruled unconstitutional by supreme court)

What happened in Terry v. Ohio? (CH 10)

Two men appeared outside of a store at night, looking as if they were going to rob it. Police asked for identification and conducted a pat down to find a gun. The US supreme court ruled that it was okay to do since the officers were valid in the interests of "effective crime prevention and detection"

Hot-pursuit exception to the Fourth Amendment's warrant requirement was made in which case? (CH 10)

Warden v. Hayden. The police were called by taxi cab drivers who reported that they have been robbed. The police then located and followed the suspect to a house and were granted entry by wife. When they entered they found the suspect upstairs pretending to sleep. Found weapons. Supreme Court ruled that the warrantless entry was reasonable because the exigencies of the situation made the course imperative

Define seizure of property (CH 10)

When there is some meaningful interference with an individual's possessory interest in that property.

Most common model of a Taser (CH 13)

X26

Persons ages ____to_____ are more likely to come into contact with the police (CH 13)

ages 16-29

Justification must be in place a priori which means that... (CH 10)

before a person or evidence is sought in an area protected by the Fourth Amendment. The police cannot conduct illegal searches to obtain evidence and then argue after the fact, that what they did was appropriate.

Police officers are trained to use only the ________ level of force to gain control over a situation or to subdue an unruly suspect (CH 13)

necessary

Tasers affect the _________ system (CH 13)

nervous

The Supreme Court has created a different level of justification for ____________ or _____________ searches. (CH 10)

noncriminal or administrative searches. Administrative searches attempt to achieve a balance between protecting individuals' privacy interests and protecting public safety.

If police are going to use deadly force based solely on the fact of a serious offense it needs to have been committed in the ___________ (CH 13)

recent past

Excessive use of force (CH 13)

refers to the phenomenon of force being used unacceptably, often on a department-wide basis.

Use of excessive force (CH 13)

such as shoving or pushing when simply grabbing a suspect would be adequate

excessive force (CH 13)

the application of an amount and/ or frequency of force greater than that required to compel compliance from a willing or unwilling suspect