Upload File

justifying a tactic use of trained technique taught during basic training or later in advanced...

  • Home
  • Documents
  • JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
74

Upload: denis-maxwell

Post on 18-Dec-2015

220 views

Category:

Documents


1 download

Report

TRANSCRIPT

Page 1: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 2: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 3: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 4: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 5: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 6: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 7: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 8: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 9: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

JUSTIFYING A TACTICJUSTIFYING A TACTIC

USE OF TRAINED TECHNIQUE USE OF TRAINED TECHNIQUE Taught during basic training or later Taught during basic training or later in advanced training, as an acceptable police in advanced training, as an acceptable police tactictactic

DYNAMIC ATTEMPT at a TRAINED DYNAMIC ATTEMPT at a TRAINED TECHNIQUE TECHNIQUE Attempting a Attempting a trained technique and the suspect’s actions trained technique and the suspect’s actions direct the technique away from the original direct the technique away from the original target (asp hit to head)target (asp hit to head)

EMERGENCY CIRCUMSTANCE EMERGENCY CIRCUMSTANCE Not a trained technique, Not a trained technique, but justified under the circumstances, ie. Groin but justified under the circumstances, ie. Groin rips, Eye gouges. Immediate personal safety rips, Eye gouges. Immediate personal safety issue that is life-threatening. “Do or issue that is life-threatening. “Do or die situation!”die situation!”

Page 10: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 11: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SOVEREIGN IMMUNITYSOVEREIGN IMMUNITYA type of immunity that in common law A type of immunity that in common law

jurisdictions traces its origins from early English jurisdictions traces its origins from early English lawlaw

(hence the saying, (hence the saying, the king can do no wrongthe king can do no wrong) )

Generally speaking, it is the doctrine Generally speaking, it is the doctrine that the government that the government cannotcannot commit commit a legal wrong and is a legal wrong and is immuneimmune from from civil suit civil suit

or criminal prosecutionor criminal prosecution

SOURCE: Wikipedia, the free encyclopedia

Page 12: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

ORC 2744.03(A)(6)ORC 2744.03(A)(6)

… … the employee is the employee is immuneimmune from liability from liability unless one of the following applies:  unless one of the following applies: 

(a) … acts or omissions were manifestly (a) … acts or omissions were manifestly outsideoutside the the scopescope of the employee's of the employee's employment or official responsibilities;  employment or official responsibilities; 

(b) … acts or omissions were with (b) … acts or omissions were with maliciousmalicious purpose, in bad faith, or in a purpose, in bad faith, or in a wanton or reckless manner;  wanton or reckless manner; 

(c) Civil liability is expressly imposed upon (c) Civil liability is expressly imposed upon the employee by a section of the Revised the employee by a section of the Revised CodeCode

Page 13: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 14: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

In Ohio, all jails are In Ohio, all jails are under the supervisory under the supervisory

authority of the authority of the Department of Department of

Rehabilitation and Rehabilitation and Corrections through the Corrections through the

Bureau of Adult Bureau of Adult Detention (B.A.D.)Detention (B.A.D.)

Page 15: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SPO #1-FIVE TYPES OF SPO #1-FIVE TYPES OF HOLDING FACILITIES IN OHIOHOLDING FACILITIES IN OHIO

FULL SERVICE JAILFULL SERVICE JAIL

FIVE DAY FACILITYFIVE DAY FACILITY

EIGHT HOUR HOLDING FACILITYEIGHT HOUR HOLDING FACILITY

MINIMUM SECURITY JAILMINIMUM SECURITY JAIL

TEMPORARY HOLDING FACILITYTEMPORARY HOLDING FACILITY

Page 16: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 17: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

DEFINITION OF TYPES DEFINITION OF TYPES O.A.C.O.A.C.FULL SERVICE JAIL-FULL SERVICE JAIL-A LOCAL A LOCAL CONFINEMENT FACILITY USED CONFINEMENT FACILITY USED PRIMARILY TO DETAIN ADULTS PRIMARILY TO DETAIN ADULTS FOR FOR MOREMORE THAN 120 HOURS THAN 120 HOURS

FIVE DAY FACILITY-FIVE DAY FACILITY-A LOCAL A LOCAL CONFINEMENT FACILITY USED CONFINEMENT FACILITY USED PRIMARILY TO DETAIN PRIMARILY TO DETAIN ADULTS FOR A ADULTS FOR A MAXIMUMMAXIMUM OF 120 HOURS OF 120 HOURS

Page 18: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

DEFINITION OF TYPES DEFINITION OF TYPES O.A.C.O.A.C.EIGHT HOUR FACILITY-EIGHT HOUR FACILITY-A LOCAL A LOCAL FACILITY USED PRIMARILY TO FACILITY USED PRIMARILY TO DETAIN ADULTS FOR A DETAIN ADULTS FOR A MAXIMUMMAXIMUM OF EIGHT HOURSOF EIGHT HOURS

TEMPORARY HOLDING FACILITY-TEMPORARY HOLDING FACILITY-A A LOCAL FACILITY WHICH LOCAL FACILITY WHICH PHYSICALLY DETAINS ARRESTEES PHYSICALLY DETAINS ARRESTEES FOR A FOR A MAXIMUMMAXIMUM OF 3 HOURS FOR OF 3 HOURS FOR PROCESSING AND/OR PROCESSING AND/OR AWAITING TRANSPORTAWAITING TRANSPORT

Page 19: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

DEFINITION OF TYPES DEFINITION OF TYPES O.A.C.O.A.C.““MINIMUM SECURITY JAIL” - MINIMUM SECURITY JAIL” - A A LOCAL CONFINEMENT FACILITY LOCAL CONFINEMENT FACILITY USED TO DETAIN SENTENCED USED TO DETAIN SENTENCED ADULTS FOR ADULTS FOR MOREMORE THAN 120 THAN 120 HOURSHOURS

SENTENCES MAY BE FOR:SENTENCES MAY BE FOR:

A MISDEMEANORA MISDEMEANOR

FELONY OF THE 4TH FELONY OF THE 4TH OF 5TH DEGREE OF 5TH DEGREE

Page 20: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 21: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

PRISONER BOOKING IS USED TO PRISONER BOOKING IS USED TO GAIN THE NECESSARY GAIN THE NECESSARY INFORMATION ON A PRISONER INFORMATION ON A PRISONER TO:TO:

PRODUCE A POSITIVE I.D.PRODUCE A POSITIVE I.D.

RECORD ALL PERTINENT RECORD ALL PERTINENT INFORMATION ABOUT THE PRISONERINFORMATION ABOUT THE PRISONER

START OR ADD TO THE PERSON’S START OR ADD TO THE PERSON’S CRIMINAL HISTORYCRIMINAL HISTORY

PRODUCE A DOCUMENT THAT CAN PRODUCE A DOCUMENT THAT CAN BE USED BY: THE ARRESTING BE USED BY: THE ARRESTING DEPARTMENT, THE BOOKING DEPARTMENT, THE BOOKING DEPARTMENT, THE COURT OF DEPARTMENT, THE COURT OF RECORDRECORD

Page 22: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

PRISONER BOOKING IS USED TO PRISONER BOOKING IS USED TO GAIN THE NECESSARY GAIN THE NECESSARY INFORMATION ON A PRISONER TO:INFORMATION ON A PRISONER TO:

EFFECTIVELY EFFECTIVELY ENFORCE THE ENFORCE THE LAWS OF THE LAWS OF THE LAND BY LAND BY PLACING PLACING OFFENDERS IN OFFENDERS IN JAIL EITHER BY: JAIL EITHER BY: ARREST OR ARREST OR COMMITMENT COMMITMENT

Page 23: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 24: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Types of SearchesTypes of Searches

Visual Search (Street)Visual Search (Street)

Frisk Search (Street)Frisk Search (Street)

Full Body Search (Street-Full Body Search (Street-Arrest)Arrest)

Custodial Search (Station/Jail)Custodial Search (Station/Jail)

Strip SearchStrip Search

Body Substance Search (DUI)Body Substance Search (DUI)

Body Cavity SearchBody Cavity Search

Page 25: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Search of SuspectsSearch of Suspects

Asking for cooperation Asking for cooperation usually works better usually works better than ordering people than ordering people around, but there are around, but there are exceptions.exceptions.

Page 26: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 27: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SPO #2-DEFINITION OF SPO #2-DEFINITION OF BODY CAVITY SEARCHBODY CAVITY SEARCH

AN INSPECTION OF THE ANAL OR AN INSPECTION OF THE ANAL OR VAGINAL CAVITY OF A PERSON VAGINAL CAVITY OF A PERSON THAT IS CONDUCTED VISUALLY, THAT IS CONDUCTED VISUALLY, MANUALLY; BY MEANS OF ANY MANUALLY; BY MEANS OF ANY INSTRUMENT, APPARATUS, OBJECT INSTRUMENT, APPARATUS, OBJECT OR IN ANY OTHER MANNER WHILE OR IN ANY OTHER MANNER WHILE THE PERSON IS DETAINED OR THE PERSON IS DETAINED OR ARRESTED FOR THE ALLEGED ARRESTED FOR THE ALLEGED COMMISSION OF A MISDEMEANOR COMMISSION OF A MISDEMEANOR OR TRAFFIC OFFENSEOR TRAFFIC OFFENSE

Page 28: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SPO #3 “STRIP SEARCH” SPO #3 “STRIP SEARCH” MEANSMEANSAn inspection of the genitalia, buttocks,

breasts, or undergarments of a person that is preceded by the removal or rearrangement of some or all of the person’s clothing that directly covers the person’s genitalia, buttocks, breasts, or undergarments and that is conducted visually, manually, by means of any instrument, apparatus, object, or in any other manner while the person is detained or arrested for the alleged commission of a misdemeanor or traffic offense.

Page 29: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

REASONS TO CONDUCT A REASONS TO CONDUCT A BODY CAVITY/STRIP SEARCHBODY CAVITY/STRIP SEARCH

EITHER OF THESE SEARCHES MAY BE EITHER OF THESE SEARCHES MAY BE CONDUCTED IF A LEO OR AN EMPLOYEE CONDUCTED IF A LEO OR AN EMPLOYEE OF A LEO AGENCY HAS OF A LEO AGENCY HAS PROBABLE CAUSE PROBABLE CAUSE TO BELIEVE THAT THE PERSON IS TO BELIEVE THAT THE PERSON IS CONCEALING;EVIDENCE OF THE CONCEALING;EVIDENCE OF THE COMMISSION OF A CRIME, FRUITS OF A COMMISSION OF A CRIME, FRUITS OF A CRIME, TOOLS OF A CRIME, CRIME, TOOLS OF A CRIME, CONTRABAND OR A DEADLY WEAPON AS CONTRABAND OR A DEADLY WEAPON AS DEFINED IN ORC 2923.11 THAT COULD DEFINED IN ORC 2923.11 THAT COULD NOT OTHERWISE BE DISCOVERED NOT OTHERWISE BE DISCOVERED

Page 30: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

STRIP SEARCH/CAVITY SEARCHSTRIP SEARCH/CAVITY SEARCHA body cavity search or strip search A body cavity search or strip search

shallshall be conducted by a person or be conducted by a person or persons who are of the persons who are of the samesame sex sex as the person who is being as the person who is being searched and the search shall be searched and the search shall be conducted in a manner and in a conducted in a manner and in a location that permits only the location that permits only the person or persons who are person or persons who are physically conducting the search physically conducting the search and the person who is being and the person who is being searched to observe the search.searched to observe the search.

Page 31: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 32: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

DEFINITION OF A DEADLY DEFINITION OF A DEADLY WEAPONWEAPONANY INSTRUMENT, DEVICE, OR ANY INSTRUMENT, DEVICE, OR THING CAPABLE OF INFLICTING THING CAPABLE OF INFLICTING DEATH AND DESIGNED OR DEATH AND DESIGNED OR SPECIFICALLY ADAPTED FOR SPECIFICALLY ADAPTED FOR USE AS A WEAPON OR USE AS A WEAPON OR POSSESSED, CARRIED OR USED POSSESSED, CARRIED OR USED AS A WEAPON. AS A WEAPON.

Page 33: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 34: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

ITEMS TO BE CONSIDERED IN ITEMS TO BE CONSIDERED IN ORDER TO DETRMINE ORDER TO DETRMINE PROBABLE CAUSEPROBABLE CAUSE

THE NATURE OF THE OFFENSE THE NATURE OF THE OFFENSE WITH WHICH THE PERSON TO WITH WHICH THE PERSON TO BE SEARCHED IS CHARGEDBE SEARCHED IS CHARGED

THE CIRCUMSTANCES OF THE THE CIRCUMSTANCES OF THE ARRESTARREST

THE PRIOR CONVICTION THE PRIOR CONVICTION RECORD OF THE PERSON, IF RECORD OF THE PERSON, IF KNOWN KNOWN

Page 35: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

PROBABLE CAUSEPROBABLE CAUSE Absolute Absolute CertaintyCertainty

Probable Probable CauseCause

(Articulable) (Articulable) Reasonable SuspicionReasonable Suspicion

Possibility / Possibility / HunchHunch

PreponderancePreponderance

Proof Beyond a Proof Beyond a Reasonable DoubtReasonable Doubt

Page 36: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Interrogation Room Interrogation Room SuicideSuicide

Page 37: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SPO #4-DEFINITION OF SPO #4-DEFINITION OF PRELIMINARY HEALTH PRELIMINARY HEALTH SCREENINGSCREENINGA SYSTEM OF STRUCTURED A SYSTEM OF STRUCTURED INQUIRY AND OBSERVATION INQUIRY AND OBSERVATION DESIGNED TO PREVENT NEWLY DESIGNED TO PREVENT NEWLY ARRIVED INMATES, WHO POSE A ARRIVED INMATES, WHO POSE A THREAT TO THEIR OWN OR THREAT TO THEIR OWN OR OTHERS’ HEALTH OR SAFETY, OTHERS’ HEALTH OR SAFETY, FROM BEING ADMITTED TO THE FROM BEING ADMITTED TO THE GENERAL POPULATION OF THE GENERAL POPULATION OF THE JAIL AND TO GET THEM JAIL AND TO GET THEM RAPID MEDICAL CARERAPID MEDICAL CARE

Page 38: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

BAD SEARCH/BAD CUFFBAD SEARCH/BAD CUFF

Over 95% of the reported Over 95% of the reported 2007 escapes were from the 2007 escapes were from the back seat of caged units. back seat of caged units.

Prisoner escapes, stolen or Prisoner escapes, stolen or damaged units. Over 1400 damaged units. Over 1400 reported for past 3 years. reported for past 3 years. Average 1.28 reported Average 1.28 reported escapes per day.   escapes per day.  

Page 39: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 40: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SPO #5-THREE MAJOR ITEMS FOR SPO #5-THREE MAJOR ITEMS FOR WHICH THE OFFICER MUST BE WHICH THE OFFICER MUST BE ALERT DURING A PRELIMINARY ALERT DURING A PRELIMINARY HEALTH SCREENINGHEALTH SCREENING

BEHAVIORBEHAVIOR

BODY DEFORMITIES AND EASE BODY DEFORMITIES AND EASE OF MOVEMENTOF MOVEMENT

CONDITION OF SKINCONDITION OF SKIN

Page 41: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

BEHAVIOR EXAMPLESBEHAVIOR EXAMPLES

STATE OF UNCONSCIOUSNESSSTATE OF UNCONSCIOUSNESSMENTAL STATUSMENTAL STATUSAPPEARANCEAPPEARANCECONDUCTCONDUCTTREMORSTREMORSSWEATINGSWEATINGDELUSIONSDELUSIONSHALLUCINATIONSHALLUCINATIONSABILITY TO COMUNICATEABILITY TO COMUNICATE

Page 42: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

BEHAVIOR EXAMPLESBEHAVIOR EXAMPLES

SPEECHSPEECH

POSTUREPOSTURE

DISORGANIZATIONDISORGANIZATION

MEMORY DEFECTSMEMORY DEFECTS

DEPRESSIONDEPRESSION

EVIDENCE OF SELF-EVIDENCE OF SELF-MUTILIZATIONMUTILIZATION

Page 43: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 44: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SPO #7-FOUR CAUSES OF SPO #7-FOUR CAUSES OF ILLEGIBLE FINGERPRINTSILLEGIBLE FINGERPRINTS

FAULURE TO PRODUCE THE FAULURE TO PRODUCE THE FOCAL POINTSFOCAL POINTS

ALLOWING THE FINGERS TO ALLOWING THE FINGERS TO SKIP OR TWISTSKIP OR TWIST

FAILURE TO CLEAN THE FAILURE TO CLEAN THE FINGERS AND INKING PLATE OR FINGERS AND INKING PLATE OR FOREIGN SUBSTANCES FOREIGN SUBSTANCES AND PERSPIRATION AND PERSPIRATION

INSUFFICIENT INKINSUFFICIENT INK

Page 45: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

4 UNUSUAL FINGERPRINT 4 UNUSUAL FINGERPRINT SITUATIONSSITUATIONS

CRIPPLED FINGERSCRIPPLED FINGERS

DEFORMITIESDEFORMITIES

LACK OF FINGERS AT BIRTHLACK OF FINGERS AT BIRTH

AMPUTATIONAMPUTATION

Page 46: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

REASONS WHY FINGERPRINT REASONS WHY FINGERPRINT CARDS ARE RETURNEDCARDS ARE RETURNED

THE CARD CAN NOT BE SEARCHED THE CARD CAN NOT BE SEARCHED AGAINST THE ALPHABETICAL FILE AGAINST THE ALPHABETICAL FILE BECAUSE OF BAD IMPRESSION, NO BECAUSE OF BAD IMPRESSION, NO NAME, AGE, DATE OF BIRTHNAME, AGE, DATE OF BIRTH

LACK OF COMPLETE IDENTIFYING LACK OF COMPLETE IDENTIFYING INFORMATION INCLUDING SEX, INFORMATION INCLUDING SEX, RACE, HEIGHT, WEIGHT, RACE, HEIGHT, WEIGHT, NOTATIONS CONCERNING MISSING NOTATIONS CONCERNING MISSING SISTERSSISTERS

Page 47: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

CHARACTERISTICS OF CHARACTERISTICS OF INKLESS FINGERPRINTINGINKLESS FINGERPRINTING

DEVELOPED SO THERE IS A DEVELOPED SO THERE IS A PERMANENT PRINTPERMANENT PRINTWHEN DEVELOPED, THE WHEN DEVELOPED, THE PRINTS ARE IN BLACK INKPRINTS ARE IN BLACK INKSYSTEM USES A NON-SYSTEM USES A NON-SMEARING INK; NO MESSSMEARING INK; NO MESSACCEPTABLE TO B.C.I. AND ACCEPTABLE TO B.C.I. AND F.B.I. FOR CLASSIFICATION, F.B.I. FOR CLASSIFICATION, SEARCH AND RETENTIONSEARCH AND RETENTION

Page 48: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 49: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SPO #8-FIVE CATEGORIES OF SPO #8-FIVE CATEGORIES OF INFORMATION THAT A LEO INFORMATION THAT A LEO AGENCY SHALL PROVIDE TO THE AGENCY SHALL PROVIDE TO THE VICTIMVICTIM

THE ARREST OF SUSPECTTHE ARREST OF SUSPECTNAME OF DEFENDANTNAME OF DEFENDANTWHETHER THE DEFENDANT IS WHETHER THE DEFENDANT IS ELIGIBLE FOR PRETRIAL ELIGIBLE FOR PRETRIAL RELEASERELEASEPHONE NUMBER OF LEO AGENCYPHONE NUMBER OF LEO AGENCYTHE VICTIM’S RIGHT TO CALL THE VICTIM’S RIGHT TO CALL THE AGENCY AND ASCERTAIN THE AGENCY AND ASCERTAIN WHETHER THE DEFENDANT HAS WHETHER THE DEFENDANT HAS BEEN RELEASED FROM CUSTODYBEEN RELEASED FROM CUSTODY

Page 50: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Knisley v. Pike County JVS, Knisley v. Pike County JVS, 2010 (6th Cir.)2010 (6th Cir.)

Two students told their instructor that Two students told their instructor that cash, a credit card, and two gift cards cash, a credit card, and two gift cards were missing from their purses.were missing from their purses.

Early during the searches, one Early during the searches, one student told the school officials that student told the school officials that one of the students was hiding the one of the students was hiding the items in her bra.items in her bra.

Page 51: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Knisley v. Pike County JVS, Knisley v. Pike County JVS, 2010 (6th Cir.)2010 (6th Cir.)

The students were then taken into The students were then taken into the restroom individually and told to the restroom individually and told to unhook their bras and lower their unhook their bras and lower their pants halfway down their thighs.pants halfway down their thighs.

Was such a search legal???Was such a search legal??? Strip searches need an Strip searches need an

“individualized suspicion”“individualized suspicion”

Page 52: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Knisley v. Pike County JVS, Knisley v. Pike County JVS, 2010 (6th Cir.)2010 (6th Cir.)

Strip searches should be limited to Strip searches should be limited to situations where situations where

(1) the school official can articulate specific (1) the school official can articulate specific facts that indicate that the student is facts that indicate that the student is presently concealing evidence of presently concealing evidence of wrongdoing beneath his/her underwear and wrongdoing beneath his/her underwear and

(2) the school official can articulate specific (2) the school official can articulate specific facts that indicate that the student is facts that indicate that the student is concealing a dangerous object or dangerous concealing a dangerous object or dangerous drugs and a less intrusive search (i.e.: outer drugs and a less intrusive search (i.e.: outer clothing and bags) has not located the clothing and bags) has not located the dangerous object.dangerous object.

Page 53: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 54: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

SEARCH of SEARCH of CELL PHONESCELL PHONES

Page 55: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Ohio v. Smith, Ohio v. Smith, (Dec 15, 2009)(Dec 15, 2009)

Antwaun Smith was arrested on drug Antwaun Smith was arrested on drug charges after responding to cell charges after responding to cell phone call made by a crack user phone call made by a crack user acting as a police informant. During acting as a police informant. During the arrest, police searched Smith and the arrest, police searched Smith and found a cell phone on his person.  found a cell phone on his person. 

Later, police recovered bags Later, police recovered bags containing crack cocaine at the scene. containing crack cocaine at the scene.

Officers subsequently searched the Officers subsequently searched the contents of Smith’s phone without a contents of Smith’s phone without a search warrant or his consent. search warrant or his consent.

Page 56: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Ohio v. Smith, Ohio v. Smith, (Dec 15, 2009)(Dec 15, 2009)

They discovered call records and They discovered call records and stored numbers that confirmed prior stored numbers that confirmed prior calls between Smith’s phone and the calls between Smith’s phone and the informant’s phone number. Smith was informant’s phone number. Smith was charged with possession of cocaine, charged with possession of cocaine, trafficking in cocaine, tampering with trafficking in cocaine, tampering with evidence and two counts of evidence and two counts of possession of criminal tools. possession of criminal tools.

Should the evidence obtained Should the evidence obtained from the cell phone be from the cell phone be suppressed?suppressed?

Page 57: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Ohio v. Smith, Ohio v. Smith, (Dec 15, 2009)(Dec 15, 2009)

……when the search is not necessary when the search is not necessary to protect the safety of law to protect the safety of law enforcement officers and there are enforcement officers and there are no exigent circumstancesno exigent circumstances… police … police must obtain a search warrant for must obtain a search warrant for the phones data…the phones data…

Page 58: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

U.S. v. Lanham, 2010U.S. v. Lanham, 2010 6 6thth Circuit Circuit

Lanham and Freeman worked as Lanham and Freeman worked as jailers in Grant County, KY. Along jailers in Grant County, KY. Along with their supervisor they decided with their supervisor they decided to “scare” an individual, who had to “scare” an individual, who had been arrested for a traffic violation, been arrested for a traffic violation, by placing him in a general by placing him in a general population jail cell. population jail cell.

Lanham and his supervisor Lanham and his supervisor mocked the victim about his slight mocked the victim about his slight appearance, and he was present appearance, and he was present

Page 59: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

U.S. v. LanhamU.S. v. Lanham, , 2010 62010 6thth Circuit Circuit

when his supervisor said that the when his supervisor said that the victim would make a "good victim would make a "good girlfriend" for the other inmates.girlfriend" for the other inmates.

When the supervisor stated that When the supervisor stated that they needed to teach the they needed to teach the victim a lesson, Lanham victim a lesson, Lanham quickly volunteered that he quickly volunteered that he knew a prisoner in Cell 101.knew a prisoner in Cell 101.

Page 60: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Lanham talked to Inmate Wright, Lanham talked to Inmate Wright, within earshot of other inmates, within earshot of other inmates, and explained that the guards and explained that the guards would be bringing a new prisoner would be bringing a new prisoner down and that they wanted the down and that they wanted the prisoners to "fuck with" him.prisoners to "fuck with" him.

The inmates cheered at this news The inmates cheered at this news when Lanham was present, and he when Lanham was present, and he knew of that particular cell-block’s knew of that particular cell-block’s reputation for violence.reputation for violence.

U.S. v. Lanham, 2010U.S. v. Lanham, 2010 6 6thth Circuit Circuit

Page 61: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Lanham stated that the victim Lanham stated that the victim should have been in a detox cell, should have been in a detox cell, not in the general population, and not in the general population, and he admitted that he had asked he admitted that he had asked Inmate Wright to teach the victim Inmate Wright to teach the victim a lesson.a lesson. Deputy Freeman also Deputy Freeman also failed to protect or assist the failed to protect or assist the victim after learning of the plan. victim after learning of the plan.

Should the deputies be Should the deputies be personally liable for any harm???personally liable for any harm???

U.S. v. Lanham, 2010U.S. v. Lanham, 2010 6 6thth Circuit Circuit

Page 62: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

The victim was beaten and sexually The victim was beaten and sexually assaulted by other inmates. Are the assaulted by other inmates. Are the deputies liable???deputies liable???

The court held that there was The court held that there was sufficient evidence to support the sufficient evidence to support the defendant’s convictions for defendant’s convictions for committing civil rights abuses in committing civil rights abuses in violation of violation of 18 U.S.C. §§ 18 U.S.C. §§ 241 and 242. 241 and 242. Arrested & liable!!!Arrested & liable!!!

U.S. v. Lanham, 2010U.S. v. Lanham, 2010 6 6thth Circuit Circuit

Page 63: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic
Page 64: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

1.1. Civilly in state court;Civilly in state court;

2.2. Criminally in state court;Criminally in state court;

3.3. Civilly in federal court for federal Civilly in federal court for federal civil rights violations civil rights violations (42 U.S.C. §1983); (42 U.S.C. §1983);

4.4. Criminally in federal court for federal Criminally in federal court for federal criminal civil rights violations (42 U.S.C. criminal civil rights violations (42 U.S.C. §241, 242);§241, 242);

5.5. Departmental discipline / IA Departmental discipline / IA investigations;investigations;

6.6. Family / personal issuesFamily / personal issues

CONSEQUENCESCONSEQUENCES

Page 65: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Illinois v. Lafayette Illinois v. Lafayette 19831983Inventory search upon arrest Inventory search upon arrest may extend to personal may extend to personal effects in possession of the effects in possession of the defendant at the time he is defendant at the time he is booked, in this instance a booked, in this instance a shoulder bag.shoulder bag.

Page 66: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

State v. Dempsey 1970State v. Dempsey 1970"A routine stationhouse search "A routine stationhouse search without a warrant of a person, without a warrant of a person, who is being booked immediately who is being booked immediately prior to his entering a cell for the prior to his entering a cell for the purpose of inventorying and purpose of inventorying and safekeeping his personal effects, safekeeping his personal effects, is not violative of the Ohio is not violative of the Ohio Constitution or the Fourth or Constitution or the Fourth or Fourteenth Amendments to the Fourteenth Amendments to the United States Constitution."United States Constitution."

Page 67: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

State v. Matthews 1976State v. Matthews 1976

"A custodial search of the "A custodial search of the handbag of one lawfully handbag of one lawfully arrested for a misdemeanor… arrested for a misdemeanor… is a reasonable search under is a reasonable search under the Fourth Amendment to the the Fourth Amendment to the United States Constitution, United States Constitution, and evidence so obtained is and evidence so obtained is properly admissible in a properly admissible in a criminal action."criminal action."

Page 68: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

State v. McAfee 1985State v. McAfee 1985

Shoplifter was detained by Shoplifter was detained by merchant until police arrived. merchant until police arrived. Since purse was searched Since purse was searched only only afterafter defendant had expressly defendant had expressly been placed under arrest, it was been placed under arrest, it was a proper search incident to a proper search incident to arrest, since the arrest was arrest, since the arrest was supported by probable cause, supported by probable cause, saving search from being merely saving search from being merely investigative.investigative.

Page 69: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

State v. Myers 1997State v. Myers 1997Woman was handcuffed and placed Woman was handcuffed and placed

under arrest for disorderly under arrest for disorderly conduct in the house where she conduct in the house where she rented a room. Although her rented a room. Although her identity had been established, identity had been established, officer said he went through her officer said he went through her purse looking for photo ID. Legal?purse looking for photo ID. Legal?

Applying Applying State v. BrownState v. Brown (1992), 63 (1992), 63 Ohio St. 3d 349, held not to be a Ohio St. 3d 349, held not to be a valid search incident to arrest.valid search incident to arrest.

Page 70: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Dayton v. Nugent 1970Dayton v. Nugent 1970

A policy of not allowing A policy of not allowing calls during the four calls during the four hours immediately hours immediately following arrest is following arrest is invalid.invalid.

Page 71: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

2935.14 Right to 2935.14 Right to communicate with communicate with counselcounsel

If the person arrested is If the person arrested is unable to offer sufficient bail unable to offer sufficient bail or… as the case may be, be or… as the case may be, be speedily permitted facilities to speedily permitted facilities to communicate with an attorney communicate with an attorney at law of his own choice, or to at law of his own choice, or to communicate with at least one communicate with at least one relative or other person for the relative or other person for the purpose of obtaining counselpurpose of obtaining counsel

Page 72: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

2935.20 Right to 2935.20 Right to counselcounselAfter the arrest… such person After the arrest… such person

shall be permitted forthwith shall be permitted forthwith facilities to communicate with facilities to communicate with an attorney at law of his an attorney at law of his choice… or to communicate with choice… or to communicate with any other person of his choice any other person of his choice for the purpose of obtaining for the purpose of obtaining counsel. Such communication counsel. Such communication may be made by a reasonable may be made by a reasonable number of telephone calls or in number of telephone calls or in any other reasonable manner. any other reasonable manner.

Page 73: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

2935.20 Right to 2935.20 Right to counselcounsel

No officer … shall prevent, No officer … shall prevent, attempt to prevent, or advise attempt to prevent, or advise such person against the such person against the communication, visit, or communication, visit, or consultation provided for by this consultation provided for by this section.section.

Whoever violates this section Whoever violates this section shall be fined not less than shall be fined not less than twenty-five nor more than one twenty-five nor more than one hundred dollars or imprisoned not hundred dollars or imprisoned not more than thirty days, or both.more than thirty days, or both.

Page 74: JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

Justifying the State

Christopher Allen - Justifying Islamophobia

Justifying Official Disobedience - American Universityfs2.american.edu/dfagel/www/Class Readings/Fagelson/Justifying... · Justifying Official Disobedience ... in the immediate aftermath

JUSTIFYING PLASTIC - IEEP

Moore, Michael - Justifying Retributivism.pdf

Lecture justifying circumstance

Justifying Utility Security Investments

Justifying IT Spend

Tactic - statransdocarchive01.blob.core.windows.net

JUSTIFYING OR EXEMPTING CIRC

Managing & Justifying Your Firearms and Training …...Justifying Your Firearms and Training Programs HY-TEK, Ltd. 6502 Micro Drive Dayton, MD 21036 410.262.5113 TO PROPERLY MANAGE

Justifying Social Marketing

TACTIC 365 winter

Digest Justifying

Tactic Fm 2015

Cost Justifying IT Security

Justifying Ipr Module 2

Justifying Nimby

G7 BRAZILIAN TACTIC TRAINING TEAM - Agepoljus do... · G7 BRAZILIAN TACTIC TRAINING TEAM G7|PRO CHAPTER BRASIL A DIVISÃO DE CURSOS E TREINAMENTOS ESPECIALIZADOS EXECUÇÃO: G7 GRAU

TACTIC AND LOGICO-SEMANTIC RELATIONS TACTIC AND LOGICO-SEMANTIC RELATIONS

Brighouse Justifying Patriotism-libre

Aggregation as Tactic

Justifying Oracle Partitioning

Justifying digital banking

Marketing Tactic Walkthrough

Justifying Circumstances Cases

CLT071114 Justifying BCP Neverfail

TACTIC Winter 2015

Justifying IT Spending

Transferwise: Justifying mobile

Integrated weed management of creeping grasses in sugarcane · 21 Tactic 9: Barrier plants 22 Tactic 10: Cover crops 23 Tactic 11: Mulch cover after glyphosate 25 Patches Tactic 12a:

Justifying rehab

Justifying Mascot of AMUL

Swat Tactic Manual

Gert, B. - Justifying Violence