QUALIFIED IMMUNITY. 1. Facts= Constitutional Violation 2. Was the right CLEARLY ESTABLISHED. Would a reasonable officer have known at the time that his/her actions were unconstitutional. Fundamental Right to defense and entitlement not to face burdens of litigation.
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2. Hold for Unreasonable TIME;Consider Time to Accomplish Purpose
3. ACTIONS Unreasonable; Consider What is necessary to Accomplish Purpose, Maintain Status Quo, and Protect Officers
THREE BASIC JUSTIFICATIONS
Reason to believe suspect(s)…
1. NATURE OF OFFENSE
2. NATURE OF PERSONS
3. ACTIONS OF PERSONS
3. At conclusion of stop explain purpose and ask for understanding.
7. Listen and act on suspect’s explanations.
1. Conduct stops, searches and arrests within parameters of law.
2. Do not do or say anything which may be used to support profiling claim.
3. When stopping suspects concentrate on NON-racial/ethnic descriptors.
4. Don’t be afraid to enforce the law.
5. Don’t say or do anything in the workplace to make anyone feel uncomfortable because of who they are.
1. What is the severity of the offense?
2. What is the ability to relocate the suspect?
Warrants will usually protect
an officer except in cases of:
2) Treat them as innocent persons.
3) Make attempt to ensure they are not again falsely arrested.
Merely being in the presence of criminals or in a place where criminal activity is occurring does not mean there is probable cause to arrest.
may be performed without warrants.
entries especially to arrest.
FORCED ENTRIES (felony)
Upheld conviction for lying to a federal investigator.
1. Duty to protect certain persons from abuse and neglect. (elderly, children, mentally retarded)
2. Duty to take actions re: domestic violence
3. Protective custody statutes re: persons who may injure themselves or others. (Mentally unstable,
incapacitated by alcohol, runaway children)
4. Duty to provide emergency medical attention.
5. Duty to investigate/search for missing children.
6. Actions when finding semi/unconscious person.
7. Duties at defective railroad crossing.
8. Duty to protect persons from groups.