Police operations
Interrogation vs. Interview
-Implied suspicion of criminal activity •The Miranda decision -Miranda v. Arizona (1966) •5th and 6th Amendments civil rights/protections -Self incrimination and the right to legal counsel Two-prong legal test established by Miranda •1) Custodial nature of questioning. -Is the individual free to leave? •2) Nature of questions being asked. -Are any of the questions being asked potentially incriminating?
Legal arrest
•An arrest is the official taking of a person to answer criminal charges. -Involves at least temporarily depriving the person of liberty and may involve the use of force. -Most intrusive type of police-citizen contacts •The Fourth Amendment stresses the importance of police officers having an arrest warrant when making an arrest. -Lawful ideal situation = every arrest made with an arrest warrant. -Courts have recognized that this is not always realistic in certain and legally specified circumstances
Commission on Accreditation of Law Enforcement Agencies (CALEA)
•An independent, nonprofit corporation •Improves the delivery of public safety services •Maintains a body of standards •Developed by public safety practitioners •Recognizes professional excellence •A proven modern management model
Challenges in Communicating with the General Public
•Communicating with the elderly •Non-English speaking immigrants •Those from a different culture •Disabilities or conditions affecting speech •Mentally ill •Mentally retarded or autistic •Intoxicated/impaired individuals
Communication within Police Work
•Communication (verbal and non-verbal) is one of the most critically important elements of police work. •Effective communication can produce positive outcomes and can be used to; -Inform -Persuade -Diffuse -Guide -Motivate -Reassure -Negotiate
Use of Force or Coercion During Interrogation
•Confessions obtained by force or under "inherently coercive" conditions are inadmissible in court. •Includes confessions obtained via; -Beating -Threats (physical and/or verbal) -Promises -Conditions which are found to be "inherently coercive" •U.S. Supreme Court measures this by reviewing the totality of the circumstances in each case where the admissibility of the confession was at issue.
De Facto Arrests
•Detention that is factually indistinguishable from an arrest but is without probable cause. -Example: Transport someone against their will to a police station for questioning. •Kaupp v. Texas (2003) -U.S. Supreme Court held that without probable cause for arrest, it is unlawful for law enforcement officers to transport a suspect against his or her will to a police station for questioning.
Effective police reports
•Effective police reports often have the following characteristics; -Accurate -Brief -Clear -Complete -Legible -Objective -Grammatically correct -Correctly spelled •Effective police reports are also written in the past tense and detail events in proper chronological order.
RAPID EVOLUTION OF TECHNOLOGY
•Enhanced access to databases •NCIC/TCIC/CJIS/TLETS •Web sites and social media •Concerns include: •Community security •Lack of interoperability •The use of 10-codes •Lack of a common language
The exclusionary rule and it's exceptions
•Exclusionary Rule-established by case law precedent includes; • Weeks v. United States (1914) & Mapp v. Ohio (1961) •"Fruit of the poisonous tree" doctrine Exceptions to the Exclusionary Rule •Inevitable Discovery Doctrine •"Created as an exception to the exclusionary rule to allow evidence to be admissible even if seized in violation of the Fourth Amendment when it can be shown that the evidence would have inevitably been found through lawful means." •Very restricted and limited application by appellate courts and U.S. Supreme Court. •Valid Independent Source •Murray v. United States (1988) •Supreme Court held that evidence initially seen during an illegal search but later recovered under a valid search warrant is admissible. •Police initially entered a residence without a search warrant. •Returned later with a valid search warrant obtained without using what was seen during the initial entry to support the probable cause of the warrant. •Good Faith •Often comes into play when the police are executing arrest or search warrants. If the warrant is later deemed invalid, evidence obtained by the police acting under the "good faith" of properly executing the warrant is admissible. •United States v. Leon (1984) "Penalizing the officer for the magistrate's error, rather than his own, cannot logically contribute to the deterrence of Fourth Amendment violations."
Voluntary or Consensual Contacts
•First step in the Continuum of Contacts -No probable cause or reasonable suspicion of criminal behavior exists •Police officers may make contact with an individual on a voluntary or knowing consent basis. -Lawfully obtained consent is evaluated via two measures; -1) Was the consent in question knowingly given? -2) Was the consent voluntarily given? •Situations where this could be an effective tool?
Constitutional protections
•Fourth Amendment provisions •Legal grounds for lawful detention (seizure)? •Alabama v. White (1990) •U.S. Supreme Court-Anonymous tip can provide the foundation for reasonable suspicion if it predicts future activities the officer can corroborate. •Specific information which can be corroborated is crucial •Officers must use objectively reasonable judgement and continuously evaluate the totality of the circumstances.
Procedures
•Guidelines for action or established methods •May reduce civil liability •Policies and procedures manual •Regulations •Rules put out by a lower level of government •Have the force of law •Example: Proper procedures of booking someone into jail and submitting an offense/incident report.
A CHANGING LAW ENFORCEMENT OFFICER
•Historically young white men out of the military •Greater racial and gender heterogeneity today •More women and minorities •Better educated •Different generational values
Stop and Frisk Case Law
•Illinois v. Wardlow (2000) ➢Officers patrolling an area of Chicago known for heavy trafficking of narcotics/illegal drugs ➢Observed Wardlow standing on a sidewalk holding an opaque bag ➢Wardlow observed officers and then turned and ran away ➢Officers gave chase, caught Wardlow and performed a frisk of his person ➢Hard object in the shape of a gun felt by officer in Wardlow's opaque bag/Illegal gun found in bag ➢Wardlow placed under arrest for weapons violation ➢Legal or illegal police action? Why?
intelligence-led policing
•Information is raw data •Intelligence is the product of evaluation •Risk assessment •Risk management •Prevent, detect and disrupt •Strategic and tactical categories
K9 Dogs Used by Police Officers
•Invaluable in conducting searches-Sense of smell •Plain view (smell or feel) search warrant exception •United States v. Place (1983) •City of Indianapolis v. Edmond (2000) •Officers should consult their laws related to using a dog •Duration of lawful detentions during traffic stops •Be aware of some of the drawbacks and limitations •Some days a dog may not perform well
Problems Associated with Police Discretion
•Lack of accountability •Unpredictability of outcomes •Inconsistency from one officer to the next •Can lead to allegations of police discrimination •Unpredictable from one officer to the next
Police work and its complex nature
•More than enforcing the law •Must understand search and seizure legal rules •Almost limitless variation/potential circumstances •Police action must correlate to an individual's actions •Continuum of Contacts •As one moves up the continuum, police actions becomes increasingly intrusive on an individual's freedom. •Law enforcement officers must maintain a balance between "freedom to" and "freedom from" in their daily activities.
Communicating in Order to Obtain Information
•Much information may seem irrelevant -Listen empathetically •Complete the communication cycle -Sender >>>> Receiver >>>> Sender >>>> Receiver •Skillfully phrased questions - presumptive in nature -"When was your last arrest?" vs. "Have you ever been arrested?" •Average individual's intake of information: -Visual-60% -Auditory-30% -Internalization-10%
Fifth Amendment to U.S. Constitution
•No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Police bureaucracy
•Police bureaucracy may become less militaristic and may move more toward a team approach to providing services. •Decentralization •Some departments adopting different management models: •Corporate •Participatory or shared leadership •Transformational leadership •Customized leadership
Police Interaction and Cooperation with the Media
•Police departments must balance the public's "right to know" and reporters' First Amendment rights to publish what they know with the police's need to withhold certain information and to protect the privacy of victims and witnesses. •Tell the truth •Never say "No Comment" •Keep consistent department rules •Do not hide; remain highly visible •Convey a sense of normalcy •Stay calm, in control, and do no harm
A final note and caution
•Police do not exist in a vacuum •All officers can contribute •Deserve care in development •Periodic evaluation •Not everything can be anticipated •Flexibility is vital
Policy
•Policy is a statement of principles that guide decisions •Provide a course of action •Help maintain organizational control •Ensure accountability •Basis for fair discipline •"Letter of the policy" versus "Spirit of the policy" •Example: Uniform standards
Terry v. Ohio (1968)
•Primary holding of U.S. Supreme Court: -Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous".
Miranda v. Arizona (1966)
•Primary holding of U.S. Supreme Court: -Under the Fourth Amendment, any statements that a defendant in custody makes during an interrogation are admissible as evidence at a criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started, and the rights were either exercised or waived in a knowing, voluntary, and intelligent manner.
Exceptions to search warrant requirements:
•Public Places •Frisks-Considered a legal "search" •Search incident to lawful arrest •Motor vehicle exception •"Carroll Doctrine" •Consent •Plain view/Plain smell Abandoned property •Open fields •Border searches •Vehicle Inventories •Exigent circumstances
Using forcible entry to arrest (or search)
•Search and seizure case law precedent The Knock and Announce Rule •United States v. Banks (2003)-Hudson v. Michigan (2006) •15-20 seconds between knock/announcement and forced entry deemed reasonable in Banks case. No-knock warrants •Must specify probable cause as to why the need for a no-knock and announcement warrant is necessary. Level of destruction •Must be done with the least amount of destruction possible. Excessive destruction can violate 4th Amendment
The Importance of Lawful Arrests
•Skill in making lawful arrests is critical for an officer because; -Fundamental rights to personal liberty and privacy are involved -The law of arrest is strict and technical -Arrest is often the first in criminal proceedings -Illegal arrests may taint crucial evidence of guilt -Police performance quality is judged by arrests -Arrests may lead to civil suits and criminal prosecution of others -Arrests may endanger officer safety
Advances in technology effect every aspect of police work
•Smartphones •MDTs •Video streams •Body cameras/Vehicle dash cameras •Tools available in squad cars •"Wired officer"
Community policing
•Systematic use of partnerships •Proactively addresses the immediate conditions and is proactive •Empowers citizens as stakeholders •Broken Windows Theory
The stop
•The Stop, also called a Terry stop •Temporary seizure of an individual/lawful detention •Must be based on specific reasonable suspicion •Reasoning must be objective and particularized •Is not an arrest •The Frisk or Pat-Down •For the officers' safety •Specific reasonable suspicion the person is armed •Limited to an individual's outer clothing •Requires officers to immediately recognize potentially dangerous weapons or contraband
Routine Communication
•The importance of rapport •Relationship of mutual trust •Setting the stage •Police station vs. side of a roadway •Recording the interview •Types of questions include: 1.Closed 2.Leading 3.Open
Fourth Amendment to U.S. Constitution
•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.
Florida v. J. L. (2000)
•U.S. Supreme Court-held than an anonymous tip that a person is carrying a gun is not, without more information, sufficient to justify a stop and frisk of that person. •Officers should seek to verify informant information and corroborate it as much as possible •Officer must establish reasonable suspicion that a suspect is engaged in criminal activity and may be armed. •Terry v. Ohio case law precedent
Handcuffs and Other Tools of Arrest
•Use of handcuffs in making an arrest -"Mere handcuff rule"- Do all arrested individuals need to be handcuffed? •Use of nonlethal or less-lethal weapons in making arrests •Use of deadly force in making arrests -Objective reasonableness of the force being used to effectuate lawful arrest. -Articulable fear of death or serious bodily injury •Excessive force -Using an amount and/or frequency of force greater than what is reasonably required to gain compliance.
Miranda Rights and Interrogations
•Waiving the Miranda rights legal requirements; 1)Purposeful or knowingly done 2)Done voluntary or without coercion •Which comes first: Miranda warning or questioning? Beheler Admonition -A statement given to a suspect who comes to the police station to be interviewed, voluntarily, without arrest, that conveys the message, "You are not under arrest. You are free to leave anytime you want." •U.S. Supreme Court- California v. Beheler (1983)
Report writing
•Writing good reports is one of the most important communication skills law enforcement officers can possess. •Police reports are used to; -Permanently record facts -Provide details of a criminal incident to be used in a follow-up investigation -Provide a basis for prosecution -Refresh an officer's memory when testifying in court -Provide data for federal and stat crime reporting systems -Document the past and plan for future events
American law enforcement as a whole is affected by the following
➢Changing public/society demographics ➢Changing demographics of law enforcement officers ➢Changing police bureaucracy and professional standards ➢Community involvement ➢How to go about the daily activities of enforcing the law ➢Ever-advancing technologiesI'll
The American sociological context in which the police operate within is changing
➢Society is becoming older ➢More minority groups ➢Increasingly diverse immigrant population groups ➢More single-parent households ➢Increasing gap between the rich and poor
Miranda warnings
➢The suspect has the right to remain silent. ➢If the suspect gives up the right to remain silent, anything that the suspect says can be used in a court of law against him or her. ➢The suspect has a right to speak to an attorney and to have an attorney present when being questioned by the police. ➢If the suspect cannot afford one, an attorney will be appointed to represent the suspect before questioning begins. ➢Individual has the right to terminate or stop the interview at any time (Required by Texas state law).
Primary holding of U.S. Supreme Court:
-Under the Fourth Amendment, any statements that a defendant in custody makes during an interrogation are admissible as evidence at a criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started, and the rights were either exercised or waived in a knowing, voluntary, and intelligent manner.
An arrest can legally be made by
-With an arrest warrant (ideal situation) -Without an arrest warrant •When any offense (felony or misdemeanor) is committed in an officer's presence -Exception for three misdemeanors in Texas state law. •Legal burden of proof = probable cause •Officers must have probable cause before making any lawful on-sigh arrest.
Use of force continuum
1)Compliant Level 2)Resistive (Passive) Level 3)Resistive (Active) Level 4)Assaultive (Bodily Harm) Level 5)Assaultive (Serious Bodily Harm or Death) Level •Tools which can be utilized by police officers during each phase of the use-of-force continuum? •Officers NOT required to move step by step through the use of force continuum. Why? •Ferguson, Missouri (2014) case example
Types of law
Civil law -Laws regulating the relationships between or among individuals, usually involving property, contracts, or business disputes -Example: Texas Civil Practice and Remedies Code •Substantive criminal law -Defines acts that the government can punish and defines the punishments for those crimes -Example: Texas Penal Code •Procedural criminal law -Law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections -Example: Texas Code of Criminal Procedure
Making legal arrest
Clear communication by officer.. "You are under arrest.." 1.Officers must be very cautious when making arrests •Officer safety considerations, body positioning, use of force potential, effective communication, ect. 2.Handcuffing the suspect •Proper handcuffing procedure 3.Search the arrested person-Search Incident to Arrest •Weapons and evidence 4.Give the Miranda warning if legally necessary •If potentially incriminating questions are to be asked 5.Safely transport suspect to jail •Suspect under arrest is in officer's care, custody, and control. •Be aware of any medical needs, medications, ect. that suspect may have or need. •Officers may need to transport someone to a hospital for medical care prior to taking them to Jail. •Be on guard as suspect could resist and/or flee at any moment •Keep the subject facing away •Be aware of location of service weapon at all times •Be systematic and thorough •Keep the person under control and off balance if possible •Opposite sex suspects/searches •Use back of hand when searching "private" areas Procedures for Legally Searching People
Information from informants
Identity must be protected •Law enforcement commonly categorizes informants based on who they are and the type of information they provide. •Confidential informants •Corroboration/Credibility verification •Validation of information being given •Officers often know informants' identities
police discretion
Discretion-the ability or power to act or decide a matter on one's own •Finding a balance is crucially important for officers on a daily basis. •Discretion allows for the equitable enforcement of our laws and for police officers to grow morally and professionally. •Two factors to keep in mind: 1.Primary goals of the department and how the individual officer's actions work for or against these goals. 2.Clear policies and procedures which are flexible enough to provide the officer with enough "room" to make difficult decisions without undo stress.
The Field Inquiry and Authority to stop
Field contacts •Consensual v. Lawful Detention •Authority to stop/detain •Terry v. Ohio (1968) •Terry stop or Terry frisk •Reasonable Suspicion •"An objective and particularized basis, supported by specific and articulable facts, for suspecting an individual of criminal activity" (p. 52). •Officers must understand the particular and specific elements of reasonable suspicion in order to use it appropriately.
Procedures for legally searching people
Handcuff the subject if warranted •Be on guard as suspect could resist and/or flee at any moment •Keep the subject facing away •Be aware of location of service weapon at all times •Be systematic and thorough •Keep the person under control and off balance if possible •Opposite sex suspects/searches •Use back of hand when searching "private" areas Procedures for Legally Searching People
Search warrants
May be issued if; •The property was stolen or embezzled. •Possession of the property is a crime. •Someone intends to use it to commit a crime. •The property was used in committing a crime. •Items tend to show that a crime was committed. •Shows a specific person committed the crime.
The use of force in making an arrest
OBTAINING COMPLIANCE- 15-20% of all arrests may involve some usage of force by police officers. •Importance of Graham v. Connor (1989) cannot be overstated •Concept of objectively reasonable behavior by officers when using force to effectuate a lawful arrest is evaluated using a three-prong test; 1) Severity of the crime. 2) Whether the suspect poses an immediate threat to the safety of law enforcement officers or others. 3) Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.
police operations
Refers to activities conducted in the field by law enforcement officers as they "serve and protect". Include the following: ➢Patrol ➢Traffic ➢Investigation ➢General calls for service
interviewing techniques
Phrasing and wording of questions can influence answers •Avoiding contaminating an interview •Eliminate distractions ("The Tye Pause") •Interviewing witnesses and victims •Different context vs. interviewing suspects •The cognitive interview •Mentally places witnesses back at scene •Encourages them to tell story without interruption •Interviewing children: Challenges?
Police Discretion Characteristics and Challenges
Problem solving requires critical thinking skill sets •Applying concepts (laws, policies, departmental strategies) •Designing plans of action for complex situations •Approaching problems from different personal and cultural perspectives Limits on Discretion/Things to Keep in Mind •A major challenge facing law enforcement is finding the balance between a department's clear-cut goals, policies, and procedures and its officers' discretionary actions.
Reasonableness of police searches
•A search may be conducted legally if; -A search warrant has been issued -The 4th Amendment prefers a warrant because it necessitates judicial review of government action •All other searches are considered unreasonable by courts and must be proven to be reasonable by prosecution and police officers -The Supreme Court has defined some searches without a warrant to be reasonable under the 4th Amendment guidelines: Search warrant exceptions
BASIS FOR POLICE OPERATIONS
•An agency's mission •Its reason for existence •Its purpose •Mission statement •Serves as a steadfast guide •Short •Easy to understand •Widely known •"Our goal is to serve those we protect. We believe in working with the people we serve to build a community of the highest quality for present and future generations."
The legal concept of probable cause
•"Probable cause refers to a situation where it is more likely than not that a crime has been committed by the person whom a law enforcement officer seeks to arrest" (p. 85). •"Probable cause exists where the facts and circumstances within the officers' knowledge, and of which they had reasonably trustworthy information, are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed". Brinegar v. United States (1949)
The Audience of Police Reports
•A basic premise of effective writing is that it is reader based. •Audience members for police reports includes; -Other officers -Supervisors -Other professionals within the criminal justice system -Laypeople including insurance investigators, social workers, and reporters •Reader-friendly writing communicates in plain and straightforward language, avoids police jargon and abbreviations, and it considers its audience.
