fair is an “f” word in l.e. crime prevention state v. russel (1998) 9 th circuit summit county ...

Fair is an “F” word in L.E.Fair is an “F” word in L.E.

Crime Prevention

Crime PreventionCrime Prevention

State v. Russel (1998) State v. Russel (1998) 99thth Circuit Summit County Circuit Summit County

John Russell's mother Police John Russell's mother Police expressing concern about the welfare expressing concern about the welfare of her son and daughter-in-law. of her son and daughter-in-law. Officer Alissa Brown was dispatched Officer Alissa Brown was dispatched to the Russell home to investigate.to the Russell home to investigate.

The officer found two vehicles at the The officer found two vehicles at the home, closed doors, and no home, closed doors, and no movement around the house.movement around the house.

No one answered. Enough to enter?No one answered. Enough to enter?


She checked the doors and looked She checked the doors and looked inside the windows, but saw no one. inside the windows, but saw no one. Waited 5 minutes then left.Waited 5 minutes then left.

Mother notified and requested to talk Mother notified and requested to talk to responding officer. to responding officer.

Advised her that the Russells were to Advised her that the Russells were to have picked up their son at have picked up their son at approximately 10 a.m. that day, but approximately 10 a.m. that day, but had failed to do so. Now 1pm.had failed to do so. Now 1pm.

Do you enter?Do you enter?


The mother also advised the officer The mother also advised the officer that the parents had not contacted that the parents had not contacted her about their failure to pick up the her about their failure to pick up the child. No answer when mom called.child. No answer when mom called.

The mother requested the officer to The mother requested the officer to return to the home and enter to return to the home and enter to check on the welfare of the parents check on the welfare of the parents of her grandchild.of her grandchild.


Neighbors interviewed said they had Neighbors interviewed said they had not seen the parents since 10p.m..not seen the parents since 10p.m..

officers walked around the home officers walked around the home loudly pounding on doors and yelling, loudly pounding on doors and yelling, "Akron Police.“ As long as 20 min."Akron Police.“ As long as 20 min.

Officers kicked door unsuccessfully Officers kicked door unsuccessfully the first time. The third kick was very the first time. The third kick was very loud and executed with such force loud and executed with such force that the entire house shook.that the entire house shook.

State v. Russel (1998) State v. Russel (1998) 99thth Circuit Summit CountyCircuit Summit County

Immediately upon opening the door, Immediately upon opening the door, an officer smelled an odor like a dead an officer smelled an odor like a dead body. The officers had experience body. The officers had experience and were familiar with that smell.and were familiar with that smell.

All three officers yelled "Akron Police" All three officers yelled "Akron Police" over and over as they entered the over and over as they entered the house. They were concerned that house. They were concerned that they were entering a murder scene they were entering a murder scene and had guns drawn.and had guns drawn.


A man appeared at the top of the A man appeared at the top of the steps, wearing only a t-shirt. steps, wearing only a t-shirt. Otherwise, he was nude. Four or five Otherwise, he was nude. Four or five times the officers ordered him to times the officers ordered him to show his hands. The man did not show his hands. The man did not comply and appeared to be in a comply and appeared to be in a dazed condition. He was handcuffed.dazed condition. He was handcuffed.

Appeared high on cocaine and failed Appeared high on cocaine and failed to ID himself or answer questions.to ID himself or answer questions.


An officer went up the stairs and a An officer went up the stairs and a female appeared at the top of the female appeared at the top of the stairs. She was unable to walk stairs. She was unable to walk unassisted and required help to go unassisted and required help to go down the stairs. The police down the stairs. The police handcuffed her. Like the male, she handcuffed her. Like the male, she refused or failed to speak and had a refused or failed to speak and had a blank stare on her face, appearing to blank stare on her face, appearing to be in a daze.be in a daze.


Upstairs they found bloody sheets, Upstairs they found bloody sheets, prescription pills strewn about the prescription pills strewn about the nightstand, empty liquor bottle, nightstand, empty liquor bottle, scissors, and panties, which appeared scissors, and panties, which appeared to have been cut off someone. Plain to have been cut off someone. Plain view???view???

When no bodies or other When no bodies or other persons were discovered, persons were discovered, the officers returned the officers returned downstairs.downstairs.


In the kitchen, the officers continued In the kitchen, the officers continued to be unable to elicit the identity of to be unable to elicit the identity of the man and woman. While the man and woman. While attempting to talk to the man and attempting to talk to the man and woman, the officers observed what woman, the officers observed what they believed to be crack cocaine on they believed to be crack cocaine on top of the microwave. Arrest made.top of the microwave. Arrest made.

Was the entry reasonable?Was the entry reasonable? Were the drugs admissable?Were the drugs admissable?


Police officers are not simply criminal Police officers are not simply criminal law enforcers, charged with law enforcers, charged with investigating criminal conduct and investigating criminal conduct and developing and maintaining evidence developing and maintaining evidence of crime. They have other roles, one of crime. They have other roles, one of which is their community health, of which is their community health, safety, and protection role. Police safety, and protection role. Police officers are officers are charged with the duty to charged with the duty to prevent crimeprevent crime, preserve the peace, , preserve the peace, and protect persons and property.and protect persons and property.

RubbersRubbers

SPO#1 – MAJOR DUTIES OF SPO#1 – MAJOR DUTIES OF POLICE RELATING TO CRIME POLICE RELATING TO CRIME PREVENTIONPREVENTION

1.1. PROTECT LIFE AND PROPERTYPROTECT LIFE AND PROPERTY

2.2. ENFORCE THE LAWENFORCE THE LAW

3.3. PRESERVE THE PEACEPRESERVE THE PEACE

4.4. PREVENT CRIMEPREVENT CRIME

5.5. SERVE CITIZENSSERVE CITIZENS

6.6. ARREST VIOLATORSARREST VIOLATORS

Dan Woolley – Dan Woolley – Problem SolvingProblem Solving

"I was in a big accident. Don't be "I was in a big accident. Don't be upset at God. He always provides upset at God. He always provides for his children, even in hard for his children, even in hard times.“times.“

"I'm still praying that God will get "I'm still praying that God will get me out, but He may not. me out, but He may not. But He will always take But He will always take care of you." care of you."

Dan Woolley – Dan Woolley – Problem SolvingProblem Solving

Urinating in PublicUrinating in Public

All law enforcement All law enforcement officers are crime officers are crime

prevention officers prevention officers due to their due to their

responsibilities & responsibilities & professional professional objectivesobjectives

Arrests in Ohio 2009Arrests in Ohio 2009

Reported by 414 Police agencies Reported by 414 Police agencies with a population representation of with a population representation of 8,137,1568,137,156

266,624 total arrests in Ohio266,624 total arrests in Ohio

40,191 juvenile arrests40,191 juvenile arrests

7,342 violent crime 7,342 violent crime

39,106 property crime 39,106 property crime

232 Murder232 Murder


31,106 Theft31,106 Theft

1,343 Motor Vehicle Theft1,343 Motor Vehicle Theft

36,372 Assault36,372 Assault

1,497 Forgery & Counterfeit1,497 Forgery & Counterfeit

3,274 Fraud3,274 Fraud

3,518 Weapons3,518 Weapons

30,904 Drug Abuse30,904 Drug Abuse

5,165 Against Family5,165 Against Family


18,993 DUI18,993 DUI

16,501 Liquor & Drunkeness16,501 Liquor & Drunkeness

21,065 Disorderly Conduct21,065 Disorderly Conduct

3,400 Agg Assault3,400 Agg Assault

6,370 Burglary6,370 Burglary

3,244 Robbery3,244 Robbery

http://www2.fbi.gov/ucr/cius2009/offenses/expanded_information/homicide_figure.html

Violent Crime Clearance Violent Crime Clearance RatesRates

250,000 and over = 40%250,000 and over = 40%

100,000 to 249,999 = 44.5%100,000 to 249,999 = 44.5%

50,000 to 99,999 = 47.1%50,000 to 99,999 = 47.1%

25,000 to 49,999 = 48.6%25,000 to 49,999 = 48.6%

10,000 to 24,999 = 54.2%10,000 to 24,999 = 54.2%

under 10,000 = 56.3%under 10,000 = 56.3%

Suburban Areas = 52.8Suburban Areas = 52.8

Violent Crime Clearance Violent Crime Clearance RatesRates

Suburban Areas = 52.8Suburban Areas = 52.8

Metro Counties = 52.6Metro Counties = 52.6

Non-Metro Counties = 60.3Non-Metro Counties = 60.3

An effective, An effective, conscientious conscientious

officer recognizes officer recognizes the long-term the long-term

value of preventing value of preventing crime crime beforebefore an an offense occursoffense occurs

Historical Perspective on Historical Perspective on Crime PreventionCrime Prevention

In 1700 Sir Henry Fielding, in London, In 1700 Sir Henry Fielding, in London, England, established the first responsible England, established the first responsible police organization with 2 stated goals:police organization with 2 stated goals:

To stamp out existing crimeTo stamp out existing crime To prevent outbreaks of crime To prevent outbreaks of crime

in the futurein the future

In order to achieve these goals, In order to achieve these goals, Fielding identified 3 objectivesFielding identified 3 objectives

1.1. The development of a cohesive police The development of a cohesive police forceforce

2.2. The organization of active citizen groupsThe organization of active citizen groups

3.3. Action to remove causes of crime and Action to remove causes of crime and conditions in which it flourishedconditions in which it flourished

Metropolitan Police Act of 1829 ““It should be understood, at the outset, that the It should be understood, at the outset, that the

principal objective to be achieved is the principal objective to be achieved is the prevention of crime.”prevention of crime.”

““To this great end, every effort of the police is to To this great end, every effort of the police is to be directed to the security of person and be directed to the security of person and property; the preservation of public tranquility, property; the preservation of public tranquility, and all of the other objectives of a police and all of the other objectives of a police establishment will thus be better affected by establishment will thus be better affected by prevention than by the detection and punishment prevention than by the detection and punishment of the offender after he has succeeded in of the offender after he has succeeded in committing crime.”committing crime.”

SPO#2 – CRIME SPO#2 – CRIME PREVENTION DEFINED PREVENTION DEFINED IS:IS:A PATTERN OF ATTITUDES AND A PATTERN OF ATTITUDES AND

BEHAVIOR DIRECTED BOTH AT BEHAVIOR DIRECTED BOTH AT REDUCING THE THREAT OF REDUCING THE THREAT OF CRIME AND ENHANCING THE CRIME AND ENHANCING THE SENSE OF SAFETY AND SENSE OF SAFETY AND SECURITYSECURITY

REACTIVE IS:REACTIVE IS:

INVESTIGATION AND INVESTIGATION AND ARREST ARREST AFTERAFTER A A CRIME HAS BEEN CRIME HAS BEEN COMMITTEDCOMMITTED

PROACTIVE IS:PROACTIVE IS:

POSITIVE POSITIVE STEPS TAKEN STEPS TAKEN PRIOR TO THE PRIOR TO THE OCCURANCE OCCURANCE OF A CRIME OF A CRIME TO PREVENT TO PREVENT

IT FROM IT FROM HAPPENING HAPPENING

Broken Window TheoryBroken Window Theory

TEN BELIEFS OF CRIME TEN BELIEFS OF CRIME PREVENTIONPREVENTION1. CRIME PREVENTION IS EVERYONE’S

BUSINESS

2. CRIME PREVENTION IS MORE THAN SECURITY

3. CRIME PREVENTION IS A RESPONSIBILITY OF ALL LEVELS OF GOVERNMENT

4. CRIME PREVENTION IS LINKED WITH SOLVING SOCIAL PROBLEMS

5. CRIME PREVENTION IS COST EFFECTIVE

6.6. CRIME PREVENTION REQUIRES A CENTRAL CRIME PREVENTION REQUIRES A CENTRAL POSITION IN LAW ENFORCEMENTPOSITION IN LAW ENFORCEMENT

7.7. CRIME PREVENTION REQUIRES CRIME PREVENTION REQUIRES COOPERATION BY AND THE INVOLVEMENT COOPERATION BY AND THE INVOLVEMENT OF ALL ELEMENTS OF THE COMMUNITYOF ALL ELEMENTS OF THE COMMUNITY

8.8. CRIME PREVENTION REQUIRES CRIME PREVENTION REQUIRES EDUCATION, CONTINUAL TESTING, AND EDUCATION, CONTINUAL TESTING, AND IMPROVEMENTIMPROVEMENT

9.9. CRIME PREVENTION REQUIRES TAILORING CRIME PREVENTION REQUIRES TAILORING TO LOCAL NEEDS AND CONDITIONSTO LOCAL NEEDS AND CONDITIONS

10.10. CRIME PREVENTION IMPROVES THE CRIME PREVENTION IMPROVES THE QUALITY OF LIFE FOR EVERY COMMUNITY QUALITY OF LIFE FOR EVERY COMMUNITY AND ITS RESIDENTSAND ITS RESIDENTS

BENEFITS OF REDUCING BENEFITS OF REDUCING CRIMECRIME

GREATER FREEDOM AND SECURITY FOR GREATER FREEDOM AND SECURITY FOR EVERY PERSON IN THE COMMUNITYEVERY PERSON IN THE COMMUNITY

INCREASED RESPECT BY ALL FOR THE INCREASED RESPECT BY ALL FOR THE RIGHTS OF ALLRIGHTS OF ALL

REVIVED SENSE OF PERSONAL CIVIC REVIVED SENSE OF PERSONAL CIVIC RESPONSIBILITY AS A NATURAL AND RESPONSIBILITY AS A NATURAL AND EXPECTED PART OF MEMBERSHIP IN EXPECTED PART OF MEMBERSHIP IN COMMONCOMMON

HEALTHIER AND MORE HEALTHIER AND MORE INTERDEPENDENT COMMUNITIESINTERDEPENDENT COMMUNITIES

CONTINUED:CONTINUED: INCREASED INDIVIDUAL AND INCREASED INDIVIDUAL AND

COLLECTIVE PRIDE IN SELF COLLECTIVE PRIDE IN SELF AND COMMUNITYAND COMMUNITY

TECHNIQUES TO REMOVE CRIME OPPORTUNITIES

CRIMINAL OPPORTUNITIES CAN BE CRIMINAL OPPORTUNITIES CAN BE REDUCED BY IMPROVING SAFETY AND REDUCED BY IMPROVING SAFETY AND SECURITY MEASURESSECURITY MEASURES

CRIMINAL OPPORTUNITIES CAN BE CRIMINAL OPPORTUNITIES CAN BE REDUCED BY INCREASING THE LEVEL REDUCED BY INCREASING THE LEVEL OF OBSERVATION AND REPORTING ON OF OBSERVATION AND REPORTING ON THE PART OF THE COMMUNITYTHE PART OF THE COMMUNITY

P.O.’S ARE IN A PIVOTAL OR LIASON P.O.’S ARE IN A PIVOTAL OR LIASON POSITION TO COORDINATE CRIME POSITION TO COORDINATE CRIME PREVENTION EFFORTS TO REDUCE PREVENTION EFFORTS TO REDUCE CRIME CRIME

OFFICER OFFICER RESPONSIBILITYRESPONSIBILITY OFFICERS HAVE THE OFFICERS HAVE THE

RESPONSIBILITY TO RESPONSIBILITY TO GATHER RELEVANT AND GATHER RELEVANT AND ACCURATE ACCURATE INFORMATION ABOUT INFORMATION ABOUT CRIME IN THEIR CRIME IN THEIR JURISDICTIONJURISDICTION

CRIME INFORMATION CRIME INFORMATION RESOURCES INCLUDERESOURCES INCLUDE INVESTIGATION BUREAUINVESTIGATION BUREAU LOG SHEETSLOG SHEETS CITIZEN INPUTCITIZEN INPUT CRIME PREVENTION UNITCRIME PREVENTION UNIT OTHER OFFICERS AND OTHER OFFICERS AND

DEPARTMENTSDEPARTMENTS OTHER LOCAL GOVERNMENT OTHER LOCAL GOVERNMENT

OFFICESOFFICES

CPTEDCPTED NATURAL SURVEILLANCENATURAL SURVEILLANCE TERRITORIAL REINFORCEMENTTERRITORIAL REINFORCEMENT ACCESS CONTROLACCESS CONTROL THE POTENTIAL AND ACTUAL VICTIMS OF THE POTENTIAL AND ACTUAL VICTIMS OF

CRIMES MUST BE IDENTIFIEDCRIMES MUST BE IDENTIFIED SOME OF THE CORE CAUSES OF CRIME SOME OF THE CORE CAUSES OF CRIME

INCLUDE ILLITERACY, DYSFUNCTIONAL INCLUDE ILLITERACY, DYSFUNCTIONAL FAMILIES, POVERTY, SUBSTANCE ABUSE, FAMILIES, POVERTY, SUBSTANCE ABUSE, ETC…ETC…

IDENTIFY POTENTIAL AND ACTUAL IDENTIFY POTENTIAL AND ACTUAL OFFENDERSOFFENDERS

TAILORED INITIATIVES ARE:

NEIGHBORHOOD NEIGHBORHOOD WATCHESWATCHES

BUSINESS BUSINESS WATCHESWATCHES

CITIZEN PATROLSCITIZEN PATROLS

OFFICERS SHOULD OFFICERS SHOULD EDUCATE CITIZENS EDUCATE CITIZENS

IN CRIME ISSUES IN CRIME ISSUES AND CONCERNS IN AND CONCERNS IN THEIR COMMUNITYTHEIR COMMUNITY

SPO#3 – 3 FACTS NECESSARY SPO#3 – 3 FACTS NECESSARY FROM A COMMISSION OF A FROM A COMMISSION OF A CRIME CRIME

1.1. DESIREDESIRE

2.2. OPPORTUNITYOPPORTUNITY

3.3. VICTIMVICTIM

SPO#4 – THE FOUR D’S SPO#4 – THE FOUR D’S OF CRIME PREVENTIONOF CRIME PREVENTION

DENYDENY

DELAYDELAY

DETECTDETECT

DETERDETER

Mark Ball - BurglaryMark Ball - Burglary

DENYDENY

Deny opportunity of entry Deny opportunity of entry for a crime to occurfor a crime to occur

DELAY

Effectively use security Effectively use security devices, such as locks, to devices, such as locks, to make it more difficult to get make it more difficult to get inin

DETECT

Discover entry through Discover entry through observance and alarms to observance and alarms to reduce the amount of time reduce the amount of time the offender has the offender has to actto act

DETERDETER

Make the offender look Make the offender look elsewhere for an elsewhere for an opportunityopportunity

BURGLARY PREVENTIONBURGLARY PREVENTION

USE OF OPEN OR UNLOCKED DOORS OR WINDOWS

FORCING INADEQUATE DOORS ENTERING WITH A KEY FOUND

NEARBY BREAKING GLASS PANELS IN

OR NEAR A DOOR BREAKING A WINDOW

PROGRAMS THAT PROVIDE PROGRAMS THAT PROVIDE INFORMATION TO THE INFORMATION TO THE COMMUNITYCOMMUNITY

NEIGHBORHOOD WATCHNEIGHBORHOOD WATCH CITIZEN PATROLSCITIZEN PATROLS BUSINESS WATCHBUSINESS WATCH SAFETY TOWNSAFETY TOWN OPERATION I.D.OPERATION I.D. AUTO THEFT PROGRAMS (B.A.T.)AUTO THEFT PROGRAMS (B.A.T.)

A SECURITY SURVEY HAS A SECURITY SURVEY HAS 4 PURPOSES:4 PURPOSES:

DETERMINE SECURITY STATUS OF DETERMINE SECURITY STATUS OF A FACILITYA FACILITY

IDENTIFY SECURITY RISKSIDENTIFY SECURITY RISKS DEFINE PRECAUTIONARY DEFINE PRECAUTIONARY

MEASURES AND PROTECTION MEASURES AND PROTECTION NEEDEDNEEDED

MAKE RECOMMENDATIONS TO MAKE RECOMMENDATIONS TO HELP MINIMIZE CRIMINAL HELP MINIMIZE CRIMINAL OPPORTUNITIESOPPORTUNITIES

COMPONENTS OF A SECURITY SURVEY

ANTICIPATION OF CRIME RISKS

RECOGNITION OF CRIMINAL RISKS

APPRAISAL OF CRIMINAL RISKS

INITIATION OF AN ACTION TO REMOVE/REDUCE A CRIME RISK

Bullying is Serious!!!Bullying is Serious!!!

60 percent of boys whom researchers 60 percent of boys whom researchers classified as bullies in grades 6-9 were classified as bullies in grades 6-9 were convicted of at least one crime by the age convicted of at least one crime by the age of 24, while 40 percent had three or more of 24, while 40 percent had three or more convictionsconvictions

Bullying can be a gateway behavior, Bullying can be a gateway behavior, teaching the perpetrator that threats and teaching the perpetrator that threats and aggression are acceptable even in aggression are acceptable even in adulthoodadulthood

What Police Should DoWhat Police Should Do

Complete your investigation before Complete your investigation before contacting parentscontacting parents

Contact the parents of the child who was Contact the parents of the child who was bullied and seek suggestions for bullied and seek suggestions for reparation before contacting the parents reparation before contacting the parents of the child who was bullyingof the child who was bullying

Never allow any type of mediation for a Never allow any type of mediation for a bullying incidentbullying incident

When speaking to the parents of When speaking to the parents of the child who bullied, make it the child who bullied, make it clear thatclear that You have conducted an investigation that You have conducted an investigation that

included getting their child’s account of included getting their child’s account of the incidentthe incident

Witnesses and physical evidence clearly Witnesses and physical evidence clearly indicate that their child was bullyingindicate that their child was bullying

Stress that their child violated a school Stress that their child violated a school rule, policy, or a lawrule, policy, or a law

Huber Heights 16 year old junior16 year old junior Mother deceasedMother deceased Father alcoholicFather alcoholic Addicted to over the Addicted to over the

counter drugscounter drugs Bullied relentlessly by other Bullied relentlessly by other

football playersfootball players Developed a planDeveloped a plan

Lessons LearnedLessons Learned Active shooter incidents are spontaneous, Active shooter incidents are spontaneous,

little or no warning (exceptions for schools)little or no warning (exceptions for schools) Suspects behavior unpredictableSuspects behavior unpredictable Incidents occur in a target rich Incidents occur in a target rich

environmentenvironment First responders didn’t have the training to First responders didn’t have the training to

respond to an active shooter situationrespond to an active shooter situation A tactical intervention was too lateA tactical intervention was too late Multi-jurisdictional response issues were Multi-jurisdictional response issues were

presentpresent

“…“…Police must obey the law Police must obey the law while enforcing the law” while enforcing the law”

because “in the end, life and because “in the end, life and liberty can be as much liberty can be as much endangered from illegal endangered from illegal

methods used to convict those methods used to convict those thought to be criminals as thought to be criminals as from the actual criminals from the actual criminals

themselves.” themselves.” Spano v. New York, (1959) Spano v. New York, (1959)

EMOTIONAL EMOTIONAL SURVIVAL FOR SURVIVAL FOR

LAW LAW ENFORCEMENTENFORCEMENT

Word AssociationWord Association

SCOUT SCOUT LEADERLEADER

Normal Threat LevelNormal Threat Level

The ProblemTrust does NOT save livesDistrust saves police daily


HypervigilanceHypervigilance

Alert, alive, energetic, humorAlert, alive, energetic, humor


Hypervigilance

Tired, detached, isolated, apathyTired, detached, isolated, apathy

Easy to think the problem is your home lifeEasy to think the problem is your home life.

Everyone gets Screwed!Everyone gets Screwed!• Who controls what kind of cop you will Who controls what kind of cop you will

be?be?• You only control your integrity and You only control your integrity and

professionalism.professionalism.• Department controls assignments, Department controls assignments,

schedules, and duties.schedules, and duties.• You control your personal life. Keep it You control your personal life. Keep it

that way!that way!

Victim AttitudeVictim Attitude• Leads to integrity issuesLeads to integrity issues• Leads to entitlement problemsLeads to entitlement problems• Lose sense of selfLose sense of self• Cops will justify and rationalize Cops will justify and rationalize

behavior that they normally behavior that they normally wouldn’t participate in.wouldn’t participate in.

Things to DoThings to Do• Time Management/Planning Time Management/Planning

activitiesactivities• Aerobic ExerciseAerobic Exercise• Survivors have Survivors have MULTIPLE MULTIPLE

ROLESROLES in their lives in their lives• Remember that your career Remember that your career

WILLWILL end someday, keep a end someday, keep a personal lifepersonal life

State v. Baughman, 2011 State v. Baughman, 2011 12 12thth Appellate District Appellate District Officer Martin of the Springboro PD Officer Martin of the Springboro PD

received a 911 dispatch regarding received a 911 dispatch regarding a possibly intoxicated driver a possibly intoxicated driver heading toward Springboro. A man heading toward Springboro. A man who identified himself as "John who identified himself as "John Simpson" called 911 and reported Simpson" called 911 and reported seeing a small, red car driving seeing a small, red car driving erratically in the vicinity of erratically in the vicinity of State Route 741. State Route 741.

State v. Baughman, 2011 State v. Baughman, 2011 12 12thth Appellate District Appellate District The informant provided the license The informant provided the license

plate number of the vehicle and plate number of the vehicle and suggested that the driver may be suggested that the driver may be diabetic or intoxicated. diabetic or intoxicated.

Officer Martin then initiated a traffic Officer Martin then initiated a traffic stop without having observed any stop without having observed any traffic violations. The officer stopped traffic violations. The officer stopped the vehicle solely on the basis the vehicle solely on the basis of "John Simpson's" tip.of "John Simpson's" tip.

State v. Baughman, 2011 State v. Baughman, 2011 12 12thth Appellate Appellate

DistrictDistrict Shawna was placed under arrestShawna was placed under arrest Unbeknownst to Officer Martin at the Unbeknownst to Officer Martin at the

time of the arrest, the tipster who time of the arrest, the tipster who identified himself as "John Simpson" identified himself as "John Simpson" was actually Shawna's husband, was actually Shawna's husband, Frank Baughman.Frank Baughman.

He did not want Shawna to know he He did not want Shawna to know he was the tipster due to their was the tipster due to their impending divorce & custody issues.impending divorce & custody issues.

State v. Baughman, 2011State v. Baughman, 2011 When Shawna retrieved the children, When Shawna retrieved the children,

Frank claimed he saw her "stumble a little Frank claimed he saw her "stumble a little bit" as she opened her car door. He also bit" as she opened her car door. He also indicated that he "thought he smelled indicated that he "thought he smelled something" about Shawna's person. At the something" about Shawna's person. At the suppression, he admitted that he phoned suppression, he admitted that he phoned 911 partly because he was angry following 911 partly because he was angry following the custody exchange. He did not actually the custody exchange. He did not actually observe her driving erratically or crossing observe her driving erratically or crossing the double line as he told the 911 the double line as he told the 911 dispatcher.dispatcher.

Is the stop & evidence admissable???Is the stop & evidence admissable???

State v. Baughman, 2011State v. Baughman, 2011 The trial court reasoned that Frank's The trial court reasoned that Frank's

tip was not reliable and that there tip was not reliable and that there was no independent observation of was no independent observation of Shawna's impairment by Officer Shawna's impairment by Officer Martin, rendering the stop invalid.Martin, rendering the stop invalid.

The Ohio Supreme Court has The Ohio Supreme Court has acknowledged that a tip called in by acknowledged that a tip called in by an informant can serve as the sole an informant can serve as the sole basis for an investigative stop if the basis for an investigative stop if the tip has sufficient indicia of reliability. tip has sufficient indicia of reliability. Maumee v. Weisner, Maumee v. Weisner, 1999-Ohio-68.1999-Ohio-68.

State v. Baughman, 2011State v. Baughman, 2011 Despite the fact that the tip was Despite the fact that the tip was

riddled with falsities, "John Simpson," riddled with falsities, "John Simpson," by all indications, appeared to be an by all indications, appeared to be an identified citizen informant to Officer identified citizen informant to Officer Martin. "John Simpson“ provided a Martin. "John Simpson“ provided a name and a contact number, the name and a contact number, the existence of which Officer Martin existence of which Officer Martin confirmed with the 911 dispatcher confirmed with the 911 dispatcher before stopping Shawna's vehicle. before stopping Shawna's vehicle.

State v. Baughman, 2011State v. Baughman, 2011 "John Simpson" described the vehicle "John Simpson" described the vehicle

and provided its exact license plate and provided its exact license plate number, as well as the road on which number, as well as the road on which it was traveling and the direction in it was traveling and the direction in which it was headed. Officer Martin which it was headed. Officer Martin located the vehicle based upon these located the vehicle based upon these details.details.

State v. Baughman, 2011State v. Baughman, 2011

The propriety of applying the The propriety of applying the exclusionary rule turns on the exclusionary rule turns on the culpability of the police and the culpability of the police and the potential for exclusion to deter potential for exclusion to deter wrongfulwrongful police conduct. police conduct.

Under the facts and circumstances of Under the facts and circumstances of the case, there is nothing the case, there is nothing blameworthy in Officer Martin's blameworthy in Officer Martin's reliance upon what appeared to be a reliance upon what appeared to be a valid identified citizen informant tip.valid identified citizen informant tip.

State v. Baughman, 2011State v. Baughman, 2011 The United States Supreme Court The United States Supreme Court

ruled that evidence should be ruled that evidence should be suppressed only if the police officer suppressed only if the police officer had knowledge that the search had knowledge that the search was constitutionally invalid. was constitutionally invalid. Illinois Illinois v. Krull (1987)v. Krull (1987)

The exclusionary rule was not The exclusionary rule was not designed to exclude evidence of designed to exclude evidence of misconduct by an actor outside of misconduct by an actor outside of law enforcement. (like Frank)law enforcement. (like Frank)

fair is an “f” word in l.e. crime prevention state v. russel (1998) 9 th circuit summit county ...

Documents

th circuit summit countyin

th circuit summit countyshe

th circuit summit countya

officer alissa brown

akron police

russell home

closed doors

entire house shook