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Officer Richard Neil (retired)

Officer Richard Neil (retired). 8-9 Prisoner Booking & Handling. JUSTIFYING A TACTIC. USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic

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Officer Richard Neil (retired)

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  1. Officer Richard Neil (retired) 8-9 Prisoner Booking & Handling

  2. JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic DYNAMIC ATTEMPT at a TRAINED TECHNIQUE Attempting a trained technique and the suspect’s actions direct the technique away from the original target (asp hit to head) EMERGENCY CIRCUMSTANCE Not a trained technique, but justified under the circumstances, ie. Groin rips, Eye gouges. Immediate personal safety issue that is life-threatening. “Do or die situation!”

  3. SOVEREIGN IMMUNITY A type of immunity that in common law jurisdictions traces its origins from early English law (hence the saying, the king can do no wrong) Generally speaking, it is the doctrine that the government cannot commit a legal wrong and is immune from civil suit or criminal prosecution SOURCE: Wikipedia, the free encyclopedia

  4. ORC 2744.03(A)(6) … the employee is immune from liability unless one of the following applies:  (a) … acts or omissions were manifestly outside the scope of the employee's employment or official responsibilities;  (b) … acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;  (c) Civil liability is expressly imposed upon the employee by a section of the Revised Code

  5. In Ohio, all jails are under the supervisory authority of the Department of Rehabilitation and Corrections through the Bureau of Adult Detention (B.A.D.)

  6. SPO #1-FIVE TYPES OF HOLDING FACILITIES IN OHIO • FULL SERVICE JAIL • FIVE DAY FACILITY • EIGHT HOUR HOLDING FACILITY • MINIMUM SECURITY JAIL • TEMPORARY HOLDING FACILITY

  7. DEFINITION OF TYPES O.A.C. • FULL SERVICE JAIL-A LOCAL CONFINEMENT FACILITY USED PRIMARILY TO DETAIN ADULTS FOR MORE THAN 120 HOURS • FIVE DAY FACILITY-A LOCAL CONFINEMENT FACILITY USED PRIMARILY TO DETAIN ADULTS FOR A MAXIMUM OF 120 HOURS

  8. DEFINITION OF TYPES O.A.C. • EIGHT HOUR FACILITY-A LOCAL FACILITY USED PRIMARILY TO DETAIN ADULTS FOR A MAXIMUM OF EIGHT HOURS • TEMPORARY HOLDING FACILITY-A LOCAL FACILITY WHICH PHYSICALLY DETAINS ARRESTEES FOR A MAXIMUM OF 3 HOURS FOR PROCESSING AND/OR AWAITING TRANSPORT

  9. DEFINITION OF TYPES O.A.C. • “MINIMUM SECURITY JAIL” - A LOCAL CONFINEMENT FACILITY USED TO DETAIN SENTENCED ADULTS FOR MORE THAN 120 HOURS • SENTENCES MAY BE FOR: • A MISDEMEANOR • FELONY OF THE 4TH OF 5TH DEGREE

  10. PRISONER BOOKING IS USED TO GAIN THE NECESSARY INFORMATION ON A PRISONER TO: • PRODUCE A POSITIVE I.D. • RECORD ALL PERTINENT INFORMATION ABOUT THE PRISONER • START OR ADD TO THE PERSON’S CRIMINAL HISTORY • PRODUCE A DOCUMENT THAT CAN BE USED BY: THE ARRESTING DEPARTMENT, THE BOOKING DEPARTMENT, THE COURT OF RECORD

  11. PRISONER BOOKING IS USED TO GAIN THE NECESSARY INFORMATION ON A PRISONER TO: • EFFECTIVELY ENFORCE THE LAWS OF THE LAND BY PLACING OFFENDERS IN JAIL EITHER BY: ARREST OR COMMITMENT

  12. Types of Searches • Visual Search (Street) • Frisk Search (Street) • Full Body Search (Street-Arrest) • Custodial Search (Station/Jail) • Strip Search • Body Substance Search (DUI) • Body Cavity Search

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

  14. SPO #2-DEFINITION OF BODY CAVITY SEARCH AN INSPECTION OF THE ANAL OR VAGINAL CAVITY OF A PERSON 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

  15. SPO #3 “STRIP SEARCH” MEANS An 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.

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

  17. STRIP SEARCH/CAVITY SEARCH A body cavity search or strip search shall be conducted by a person or persons who are of the same sex as the person who is being searched and the search shall be conducted in a manner and in a location that permits only the person or persons who are physically conducting the search and the person who is being searched to observe the search.

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

  19. ITEMS TO BE CONSIDERED IN ORDER TO DETRMINE PROBABLE CAUSE • THE NATURE OF THE OFFENSE WITH WHICH THE PERSON TO BE SEARCHED IS CHARGED • THE CIRCUMSTANCES OF THE ARREST • THE PRIOR CONVICTION RECORD OF THE PERSON, IF KNOWN

  20. PROBABLE CAUSE Absolute Certainty Proof Beyond a Reasonable Doubt 100 (Articulable) Reasonable Suspicion Preponderance 50 Probable Cause 0 Possibility / Hunch

  21. Interrogation Room Suicide

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

  23. BAD SEARCH/BAD CUFF • Over 95% of the reported 2007 escapes were from the back seat of caged units. • Prisoner escapes, stolen or damaged units. Over 1400 reported for past 3 years. Average 1.28 reported escapes per day.  

  24. SPO #5-THREE MAJOR ITEMS FOR WHICH THE OFFICER MUST BE ALERT DURING A PRELIMINARY HEALTH SCREENING • BEHAVIOR • BODY DEFORMITIES AND EASE OF MOVEMENT • CONDITION OF SKIN

  25. BEHAVIOR EXAMPLES • STATE OF UNCONSCIOUSNESS • MENTAL STATUS • APPEARANCE • CONDUCT • TREMORS • SWEATING • DELUSIONS • HALLUCINATIONS • ABILITY TO COMUNICATE

  26. BEHAVIOR EXAMPLES • SPEECH • POSTURE • DISORGANIZATION • MEMORY DEFECTS • DEPRESSION • EVIDENCE OF SELF-MUTILIZATION

  27. SPO #7-FOUR CAUSES OF ILLEGIBLE FINGERPRINTS • FAULURE TO PRODUCE THE FOCAL POINTS • ALLOWING THE FINGERS TO SKIP OR TWIST • FAILURE TO CLEAN THE FINGERS AND INKING PLATE OR FOREIGN SUBSTANCES AND PERSPIRATION • INSUFFICIENT INK

  28. 4 UNUSUAL FINGERPRINT SITUATIONS • CRIPPLED FINGERS • DEFORMITIES • LACK OF FINGERS AT BIRTH • AMPUTATION

  29. REASONS WHY FINGERPRINT CARDS ARE RETURNED • THE CARD CAN NOT BE SEARCHED AGAINST THE ALPHABETICAL FILE BECAUSE OF BAD IMPRESSION, NO NAME, AGE, DATE OF BIRTH • LACK OF COMPLETE IDENTIFYING INFORMATION INCLUDING SEX, RACE, HEIGHT, WEIGHT, NOTATIONS CONCERNING MISSING SISTERS

  30. CHARACTERISTICS OF INKLESS FINGERPRINTING • DEVELOPED SO THERE IS A PERMANENT PRINT • WHEN DEVELOPED, THE PRINTS ARE IN BLACK INK • SYSTEM USES A NON-SMEARING INK; NO MESS • ACCEPTABLE TO B.C.I. AND F.B.I. FOR CLASSIFICATION, SEARCH AND RETENTION

  31. SPO #8-FIVE CATEGORIES OF INFORMATION THAT A LEO AGENCY SHALL PROVIDE TO THE VICTIM • THE ARREST OF SUSPECT • NAME OF DEFENDANT • WHETHER THE DEFENDANT IS ELIGIBLE FOR PRETRIAL RELEASE • PHONE NUMBER OF LEO AGENCY • THE VICTIM’S RIGHT TO CALL THE AGENCY AND ASCERTAIN WHETHER THE DEFENDANT HAS BEEN RELEASED FROM CUSTODY

  32. Knisley v. Pike County JVS, 2010 (6th Cir.) • Two students told their instructor that cash, a credit card, and two gift cards were missing from their purses. • Early during the searches, one student told the school officials that one of the students was hiding the items in her bra.

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