1 / 20

AJ 53 – Police Field Operations

AJ 53 – Police Field Operations. Chapter 12 – Arrest, Search, Custody, And Use of Force. Police Powers of Arrest. Why is a Peace Officer’s authority to arrest such a powerful responsibility? It means taking away a person’s liberty! Officers must understand/appreciate this responsibility

roch
Download Presentation

AJ 53 – Police Field Operations

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. AJ 53 –Police Field Operations Chapter 12 – Arrest, Search, Custody, And Use of Force

  2. Police Powers of Arrest • Why is a Peace Officer’s authority to arrest such a powerful responsibility? • It means taking away a person’s liberty! • Officers must understand/appreciate this responsibility • What determines an arrest? • Constitutional Protections • Criminal Laws • Laws of Arrest • Department Policy • Officer Discretion

  3. Criminal Behavior • Crime requires union of… • Criminal Act (or Omission), and • Intent (or Negligence) • Types of Arrests… • Warrant • Arrest order signed by Magistrate • Specific person, charges, etc. • Without Warrant • Other circumstances allowing lawful arrest

  4. Warrantless Arrests by Peace Officers (836 PC) • Reasonable Cause that a crime (misdemeanor or felony) was committed in officer’s presence • Perceived by any of the senses • Felony committed, not in officer’s presence • Elements of crimes, corpusdelicti, etc. • Reasonable Cause to believe that a felony was committed, whether or not the felony actually occurred • Based on reasonable observation/interpretation

  5. Arrest Considerations • Knock and Notice • Requirement to announce and identify unless exigent circumstances dictate otherwise • Notification of Arrest to Arrestee • Authority, charges, etc. (841 PC) • Diplomatic Immunity • Ambassadors and families immune from arrest • Right to contact consular official • Entrapment • Idea of criminal activity implanted by police

  6. Levels of Police Interaction • Consensual Contact • Person free to leave, does not have to cooperate or answer questions • No force/coercion/restraint may be used • Detention • Person not free to leave based on Reasonable Suspicion • Pat-down for weapons may be justified • Arrest • Actual restraint of the person or submission to custody

  7. Using Force to Arrest • Persuasion whenever possible, Force if necessary! • How much force may an officer use? • Only what is reasonable and necessary • Once compliance/control achieved, force no longer needed or justified • Officers must exercise control of… • Self – Suspect – Situation

  8. Related Penal Code Sections • 834a PC • Citizen’s duty to refrain from resisting arrest • 835 PC • Officer may use reasonable restraint to arrest • 835a PC • Officer may use reasonable force to • Effect arrest • Prevent escape • Overcome resistance • “Reasonable” should be defined from the perspective of the individual officer at that particular moment in time!

  9. Officer Use of Lethal Force 196 PC – Justifiable Homicide by PO • In obedience to court judgment • Death-penalty executions • To overcome actual resistance • Only if deadly force being used • To retake into custody an escaped/fleeing felon • Only if escape creates imminent deadly threat

  10. Use-of-Force Considerations • Equal in Proportion • Force used must be in equal proportion to force being used against you • Appropriate choice of available use-of-force options • Fear • Not the same as cowardice! • What were you “afraid of” that caused you to use force? • Important to include in reports/documentation

  11. Use-of-Force (continued) • Imminence • Threat requires an immediate response • If threat increases, decreases, or disappears, use-of-force response changes accordingly • Reasonable-Person Test • From viewpoint of officer using force • From viewpoint of person witnessing event

  12. Use-of-Force Continuum • Guided by Laws & Department Policy • Various models • Ladder, elevator, spokes of a wheel • Common elements… • Command Presence, Verbal Commands • Hands-On, Control Holds, Takedowns • Intermediate Force • Lethal Force

  13. Use-of-Force Options • Command Presence • Academy & On-the-Job-Training • Weaponless Defense • Arrest & Control, FBI, Koga, Cameron • Martial Arts training? • Less-Lethal • OC, Baton, Taser, Bean Bag, Pepperball • Lethal Force • Handgun, Shotgun, Patrol Rifle, etc.

  14. Use of Firearms • Potentially taking a human life is an awesome responsibility! • Safety is absolutely important at all times • Common Elements of “Shooting Policies” • Minimum Training & Qualification Standards • Drawing, Firing, etc. • Warning Shots, Vehicles, Animals, etc. • Reporting & Documentation Requirements • Follow-up Investigation Procedures

  15. Types of Searches • Frisk or Pat-Down • Cursory search of outer clothing for weapons only, during lawful Detention • Field/Arrest Search • Thorough search for weapons, contraband, means of escape • Strip Search/Body-Cavity Search • At the jail during Booking

  16. Searching Techniques • Maintain position of advantage • Keep subject off-balance • Maintain control over subject at all times • Verbal and physical • Handcuffs if necessary • Systematic and Thorough! • Top-down, waistband first, quadrants • Three possible positions • Standing • Kneeling • Prone • Issues when searching Females? Juveniles?

  17. Handcuffing Techniques • When and how? • Governed by Training & Department Policy • Behind the back! • Become proficient in variety of handcuffing techniques from various positions • Standing, kneeling, prone • Maintain control over subject • Speed-Cuffing • Apply handcuffs as quickly & smoothly as possible • Double-lock as soon as practicable

  18. Transporting Prisoners • Thoroughly search vehicle at beginning of every patrol shift • Search back seat area after every prisoner transportation • Use seatbelts, restraints per Policy • You are ultimately responsible for prisoner’s health, safety, and well-being!

  19. Vehicle Searches • Consent • Given freely without coercion • Plain View • Items found in plain view can be seized • Probable Cause • Based on observations, investigation, etc. • Incidental to Arrest • Limited access without a warrant • Inventory Searches • Towed & stored, recovered stolen etc.

  20. Searches of Premises • Obtain Warrant whenever possible! • Warrant Exceptions… • Consent • Plain View • Fresh Pursuit • Exigent Circumstances • Destruction of Evidence • Chimel vs. CA • May search arrestee and immediate area for… • Instrumentalities/fruits/evidence of the crime • Contraband • Weapons that may be used for assault/escape

More Related