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Officer Safety Law. Carl Milazzo Legal Division Federal Law Enforcement Training Center cmilazzo@fletc.treas.gov. No Handout. Presentation Available at: www.khodges.com/iacp. INTRODUCTION. Knowing the Law Enhances Your Tactical Training BECAUSE Ignorance Causes Hesitation.

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Presentation Transcript
officer safety law

Officer SafetyLaw

Carl Milazzo

Legal Division

Federal Law Enforcement Training Center

cmilazzo@fletc.treas.gov

no handout
No Handout

Presentation Available at:

www.khodges.com/iacp

introduction
INTRODUCTION

Knowing the Law Enhances Your Tactical Training

BECAUSE

Ignorance Causes Hesitation

slide4
“Officer Safety”

Is Not a Reason…

It Is a Conclusion

slide5
Therefore –

Facts Become More

Important Than Law

standard of proof
BRD

C & C

PC

RS

Conviction

Admin

Arrest

Search

Stop

Frisk

Standard of Proof

OR

OR

Voluntary Encounters

training theories
Training Theories
  • Integrated Training

Legal AND Tactical

  • Practical Exercises

Field Application

Report Writing - Testimony

dangerous encounters
Dangerous Encounters
  • People

(Chimel)

      • Vehicles

(Belton)

          • Premises

(Buie)

investigative detention frisk with reasonable suspicion
Defined:

1. Pat Down

2. Outer Clothing

3. Weapons

Factors:

type of crime

know that suspect is armed or dangerous

behavior of suspect

prior history known to officer

Investigative DetentionFrisk with Reasonable Suspicion
handcuffs
Handcuffs

Handcuffs = Safety

Handcuffs Do Not Convert an Investigative Detention Into an Arrest

asking questions during an investigative detention
“Seizure” under the Fourth Amendment

“Not Free to Leave” does not mean “under arrest” or “in custody”

Suspect “Seized” When He Submits to:

Show of Authority

Physical Force

All Vehicle Stops are Seizures

“Custody” under the Fifth Amendment

Arrest or Functional Equivalent

Handcuffed and locked in patrol car

Telling the suspect he is under arrest

Advise suspect he is not under arrest

Asking Questions During an Investigative Detention
public safety exception
Public Safety Exception

Limited to Weapons

Only Good Until Threat Ends

search incident to custodial arrest
Premises (Chimel)

Justification

Weapons

Evidence

Timing

Vehicles (Belton)

Any Occupant

Any Crime

Passenger Area

NOT THE TRUNK

Search Incident to CUSTODIAL Arrest
vehicle stops
Vehicle Stops

1. Order Driver Out(Mimms)

2. Order Passenger Out(Wilson)

3. Car Frisk (Long)

drivers pennsylvania v mimms
DriversPennsylvania v. Mimms

Officers May Automatically Order Drivers to Exit Lawfully Stopped Vehicles

1. Risk of Assault

2. Risk of Passing Traffic

passengers maryland v wilson
PassengersMaryland v. Wilson

Officers May Automatically Remove Passengers From Lawfully Stopped Vehicle

Court Cited Same Concerns, Noting Passengers May Increase Danger

car frisk michigan v long
Car FriskMichigan v. Long

1. Passenger Compartment

2. Weapons

3. Reasonable Suspicion

Automatic For Every Vehicle Stop

NOT

car frisk
Car Frisk

Frisk Instead of Search…So:

  • Reasonable Suspicion, NOT PC
  • Look for Weapons, NOT Evidence
  • Where Weapons May be Hidden (no pill bottles or film containers)

NOT The Trunk!

conclusion
Conclusion
  • Common Theme: Weapons and Reasonable Suspicion
  • Lower Standard Needed for Self-Protection, BUT
  • Obligation to Identify Facts to Justify Conduct
no handout20
No Handout

Presentation Available at:

www.khodges.com/iacp

randy means thomas and means
Randy MeansThomas and Means

(702) 450-3705 (NV)

(704) 948-5608 x13 (NC)

rbmeans@aol.com