Senior Deputy Interview Flashcards
What is Graham vs Connor?
1989 US Supreme Court case that determined an “Objective Reasonableness Standard” should be used to determine the appropriateness of LE use of force
What is the four-prong test to determine the curtilage of a home?
- Proximity to the home
- Whether area is in an enclosure surrounding the home
- Nature and uses of the area
- Steps taken to conceal the area from public view
When is compliance with Ramey-Payton-Steagald required?
- Location is a home or other structure in which the occupants have a reasonable expectation of privacy
- Officers physically enter the structure
- Officers entered with the intent to immediately arrest an occupant
What are the court cases that support valid arrests “at the doorway,” which are not a violation or Ramey-Peyton-Steagald?
What are the three valid arrests “At the threshold,” which do not violate Ramey-Payton-Steagald?
What are options if suspect opens the door and then flees into the residence?
US vs Santana - At the doorway
US vs Vaneaton - Just inside the doorway
- Outside the doorway: Asking arrestee to exit, trickery, ruses and orders to exit are acceptable
- At the doorway: With the door wide open, one step forward would place them outside, and one step back into the vestibule; they are fully exposed to public view, speech, hearing, and touch (US vs Santana); if suspect flees inside, officers may pursue (hot pursuit)
- Just inside the doorway:
A. Arrestee voluntarily opened the door
B. Opened the door widely exposing them to public view, speech, hearing, and touch
C. Knew or reasonably should have known callers were officers (ex: announced when knocking)
May reach in and arrest (9th Circuit, US vs Vaneaton)
What is Oliver vs United States?
Open Fields Doctrine:
Expectation of privacy does not extend to open fields; fences and “No Trespassing” signs do not bar public view and do not create a reasonable expectation of privacy; the Fourth Amendment does not apply
What is 625 W&I?
Whenever a juvenile is taken into custody, they shall be advised of their Miranda Rights regardless of intent to question or not.
Per CalECPA / SB178 / 1546.1 PC when may an officer physically or electronically access data on a device?
- Consent; must be express and directly to the officer accessing the device
- Found device; only to identify the owner
- Exigent circumstances
- Search Warrant
- Wiretap order
- Possibly as an express condition of probation (agreement with judge during sentencing; Parole searches are statutory-based and no consent is given–> Invalid for parole searches)
What is Bryan vs. McPherson?
2009 US Supreme Court Case that determined an “Active Resistance” requirement in order to justify Taser use (intermediate-level Use of Force)
What is the timeframe for notification to Child Welfare Services regarding suspected child abuse?
- Immediately or as soon as practical by phone
and
- Follow-up by faxing SCAR report within 36 hours
Can you seize suspect property that has already been booked into jail property without a warrant?
What are the case laws supporting this?
Yes, provided the property was searched, viewed, or seen during the unobjectionable booking inventory. The evidentiary value does not need to be immediately known or recognized
A “second look” at potential evidence does not require a warrant
US vs Edwards,
US vs Grill,
US vs Thompson
What is the significance of SB395 / 625.6 W&I?
Officers cannot conduct custodial interrogation of any minor aged 15 years or younger until they have consulted with legal counsel.
Exception: Exigency–> to protect life or property from immanent threat
Workaround: Phone calls are not considered custodial in nature
Can Officers re-contact and question a suspect who previously invoked the right to remain silent?
Yes, per Michigan vs Mosley. The courts have consistently ruled there are five requirements:
(1) Interrogation immediately ceased: When the suspect invoked, the officers immediately stopped interrogating him.
(2) No coaxing: The officers did not pressure or otherwise coax the suspect into changing his mind about invoking.
(3) Time lapse: The officers waited a “significant period of time” before recontacting the suspect (minimum two hours)
(4) No pressure: When officers recontacted the suspect, they did not attempt to persuade the suspect to talk.
(5) Waiver: The officers did not begin questioning him until he waived his Miranda rights.
What are the permissible questions to ask of the shooting officer in an OIS?
- Number and direction of rounds fired
- Number and description of suspect(s) and suspect vehicle(s); for outstanding suspects include direction(s) of travel and any injuries to suspect(s)
- Any weapons possessed by outstanding suspects; any shots fired by suspects and directions
- What, if any, medical aid has been requested or administered
Name several types of searches that would be exceptions to the search warrant requirement.
- Plain View
- Open Fields
- Consent
- Probation / Parole
- Pat-Down/Terry Frisk (Terry vs Ohio)
- Vehicle searches
- Vehicle storage inventory
- Exigent Circumstances (check the welfare)
- Incident to arrest / booking
- Chimel (lunging distance in home)
- Protective Sweep
What are the four basic principles for the Plain View doctrine to be applicable?
- Awareness of item must be gained solely through sight (ex: odors and sounds do not apply)
- Officer must be legally present when they see the item
- Discovery of item must be inadvertent; cannot be by design
- Item must be immediately recognized as subject to seizure
Use of Force (Lexipol 300); what is considered “Level 1” and what are the reporting requirements?
Minor or routine physical restraint (no injuries):
Documentation:
- ARS report, or
- Field Interview card, or
- Notes in CAD call Log
Use of Force (Lexipol 300); what is considered “Level 2” and what are the reporting requirements?
“Reportable use of force.”
Sole use of control holds is ineffective and/or
- Use of heightened physical restraint or force to overcome suspect’s resistance, or
- Any parties are injured, requiring medical attention, or express a continuing complaint of pain, or
- Deputy strikes, or attempts to strike suspect, using an issued or improvised impact weapon
- Deputy discharges, or attempts to discharge, any projectile tool/device (ex: pepper spray, taser, etc)
Documentation:
NOTIFY SUPERVISOR AS SOON AS POSSIBLE
Document in ARS report
What are the Supervisor responsibilities with respect to a level 2 use of force (Lexipol 300)?
Deputy to notify supervisor as soon as practicable
- Ensure scene safety
- Ensure medical treatment for any injured personnel, suspect(s) or parties
- Administratively interview suspect re cause, injures, etc, and photograph injuries, lack thereof, and scene
- Review Deputy(s) reports for accuracy and ensure it comprehensively addressed the necessity for and the use of force
- Once the report is approved, notify the next person in the chain of command. Once the report has been reviewed up through the Chief Deputy, the Undersheriff will be notified and will review the reports as appropriate.
Use of Force; what is considered “Level 3” and what are the reporting requirements (Lexipol 300)?
- Firearm discharges at suspects, or firearm discharges at deputies by suspects, or
- Any use of force resulting in serious bodily injury or death to suspects or deputies
Define “Serious bodily injury or death” as used in the Use of Force policy, Lexipol 300
Serious bodily injury is defined as an injury that involves a substantial risk of:
- Death,
- Unconsciousness,
- Concussion,
- Bone fractures,
- Extensive suturing,
- Protracted and obvious disfigurement, or
- Protracted loss or impairment of the function of a bodily member or organ.
Major Incident Notification, Lexipol 358
Under what circumstances would you notify the Sheriff and the affected Division Commander of a major incident?
- Homicides
- Traffic accidents with fatalities, or where a fatality is likely to occur
- Level 3 Use of Force - on or off duty (see Officer-Involved Shooting Policy for special notifications)
- Significant injury or death to employee - on or off duty
- Death of a prominent official
- Arrest of a Department employee or prominent official
- Aircraft crash with major damage and/or injury or death
- In-custody deaths
- Large scale emergencies, i.e. large scale natural disasters
- Any event that would attract media attention
Obtain as much information as possible prior to notification; make notification as soon as practical.
The Watch Commander or Shift Sergeant is responsible for making the appropriate notifications. The Watch Supervisor will make notifications if there is no Watch Commander or Shift Sergeant on duty or if they are otherwise unable to make the notifications.
The Watch Commander, Shift Sergeant, or Watch Supervisor shall make reasonable attempts to obtain as much information on the incident as possible before making notification.
The Watch Commander, Shift Sergeant, or Watch Supervisor shall attempt to make the notifications as soon as practicable.
Notification should be made by calling the home telephone number first and then by any other available contact numbers.
What are some of the factors that may be used to determine the reasonableness of force used?
(a) The apparent immediacy and severity of the threat to deputies or others
(b) The conduct of the individual being confronted (as reasonably perceived by the deputy at the time)
(c) Deputy/subject factors (age, size, relative strength, skill level, injury/exhaustion and number of deputies vs. subjects)
(d) Influence of drugs/alcohol (mental capacity)
(e) Proximity of weapons
(f) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained
(g) Time and circumstances permitting, the availability of other options (what resources are reasonably available to the deputy under the circumstances)
(h) Seriousness of the suspected offense or reason for contact with the individual
(i) Training and experience of the deputy
(j) Potential for injury to citizens, deputies and suspects
(k) Risk of escape
(l) Prior contacts with the subject or awareness of any propensity for violence
(m) Other exigent circumstances
What are the responsibilities of the field supervisor for a reportable use of force?
When a supervisor is able to respond to an incident in which there has been a reported Level II or III application of force, the supervisor is expected to:
(a) Obtain the basic facts from the involved deputy(s)
(b) Ensure that any injured parties are examined and treated.
(c) Ensure that the subject upon whom force was applied is interviewed and that the results of the interview are documented in the related reports.
(d) Ensure that photographs have been taken of any areas involving visible injury or complaint of pain as well as overall photographs of uninjured areas and submitted to the Forensics Bureau under the associated case number.
(e) Ensure that attempts have been made to locate, identify, and interview additional witnesses, and to obtain copies of any third-party video, and the results of those interviews are documented in the related reports.
(f) Review and approve all related reports.
(g) If there is any indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through their chain of command.
(h) Should the supervisor determine that any application of force was not within policy, the supervisor will immediately contact his/her supervisors to initiate an administrative investigation coordinated through the Professional Standards Unit.
What are the duties of the on-scene supervisor during an officer-involved shooting? (10 primary considerations)
(1) Obtain emergency medical attention for any injured individuals;
(2) Obtain a brief overview of the situation from any non-shooter deputy(s); In the event that there are no non-shooter deputies, the supervisor should attempt to obtain a brief voluntary overview from one shooter deputy;
(3) If necessary, the supervisor may administratively order any deputy from the Department to immediately provide public safety information necessary to secure the scene and pursue suspects;
–> The initial on scene supervisor SHOULD NOT attempt to order a deputy to provide any information other than public safety information;
(4) Take command of and secure the incident scene, establishing an inner and outer perimeter until relieved by a detective supervisor or other assigned personnel;
- -> Assign deputy to check the welfare at any residences believed to be in the directions rounds were fired;
- -> Assign deputy to photo-document the scene;
- -> Assign a deputy to Major Incident log and entry control
- -> Request additional personnel as necessary
(5) Each involved deputy should be given an administrative order not to discuss the incident with other involved deputies pending further direction; if possible, an uninvolved deputy should be assigned to support and monitor involved deputies
(6) As soon as practical, notify the area Lieutenant, Division Commander, the Sheriff, the Undersheriff, and the CID Sergeant providing as much information as is possible
(7) Contact any department representative requested by involved deputies
(8) As soon a practical, shooter deputies should respond or be transported (separately, if feasible) to the station for further direction;
(9) When a deputy’s weapon is taken or left at the scene (e.g., evidence), that deputy will be provided with a comparable replacement.
(10) Assign initial ARS report, review and approve once completed.
Who shall be notified of an officer-involved shooting?
Per SGT’s Pilot Study Book
(1) Sheriff
(2) Undersheriff
(3) Criminal Investigations Division Commander
(4) Administrative Investigation Team
(5) Psychological/Peer Support
(6) Coroner Bureau (if needed)
(7) Deputy Representative (if requested)
Shooting Policy Scenario
At about 0300 Hours, your squad received a possible burglary in progress at a residence on Sirius Road in Lompoc. The R/P advised Dispatch he saw a male subject climb into the back window of the residence, and he has not left upon your arrival. You have four (4) deputies including yourself. You decide to make entry into the residence. While searching the residence, one of your deputies opens a closet door and sees what he thought was a person and fires one shot into the closet. The shot hits a full size male dummy, which was stored in the closet. The rest of the home is searched, and no one is found.
> > As the on-scene supervisor, what are your responsibilities?
> > What Lexipol policies cover this incident?
NOT A USE OF FORCE UNLESS INJURY TO ANOTHER RESULTS > > > > > !!POLICY VIOLATION!!
(1) Ensure no injuries resulted from the negligent discharge;
(2) Ensure no gas leaks or severed electrical wires that could pose a safety concern; dispatch fire to confirm if in question;
(3) Have deputy pull case number and document circumstances and details;
(4) Photographs of area: overalls to more detailed, in the same lighting conditions; additional photographs with full lighting;
(5) Notify Station LT, Division Commander, and contact AIT to inquire if they wish to respond;
(6) Provide home owner with my card, the case number, and instructions on completing and submitting a county claim form within 6 months, as required by Government Code 911.2.
(7) Review and approve report;
(8) Request additional training for squad, by training bureau, reference weapon handling during high-stress conditions and operations;
(9) Perform squad briefings regarding: Lexipol 302 (Deadly force Review), Lexipol 312 (Firearms) Lexipol 344 (Report Preparation), and Lexipol 375 (Risk Assessment Unit) ;
Lexipol 312.3.1 SAFETY CONSIDERATIONS
Members shall maintain the highest level of safety when handling firearms and shall consider the following:
(d) Any member who discharges his/her firearm accidentally or intentionally, on or off-duty, except during training or recreational use, shall make a verbal report to the on-duty supervisor as soon as circumstances permit.
The on-duty supervisor shall as soon as practical notify the geographical area Operations Division Commander and the Division Commander of the person(s) involved.
312.7 REPORT OF FIREARM DISCHARGE
Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit.
If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shooting Policy.
If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy.
In all other cases, written reports shall be made as follows:
(a) If on-duty at the time of the incident, the member shall file a written report with his/her Division Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed.
(b) If off-duty at the time of the incident, a written report shall be submitted or recorded statement provided no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor.
344.2.2 NON-CRIMINAL ACTIVITY
The following incidents shall be documented using the appropriate approved report:
(b) Any firearm discharge (see the Firearms Policy)
- -> Assign deputy to check the welfare at any residences believed to be in the directions rounds were fired;
- -> Assign deputy to photo-document the scene;
(10) Assign initial ARS report, review and approve once completed.
When faced with a hostage or barricaded suspect situation, what should the first deputy on scene consider?
(Per SGT’s Smart-Book)
(1) Attempt to avoid confrontation in favor of controlling and containing the situation until the arrival of trained personnel/ HNT;
(2) Notification of SET/HNT;
(3) Notification of appropriate persons within and outside the agency, such as command officers, dog handlers, or helicopter pilots;
(4) Establishment of inner and outer perimeters;
(5) Evacuation of bystanders and injured persons;
(6) Establishment of a central command post and appropriate chain of command;
(7) Request for ambulance, rescue, fire, and surveillance equipment;
(8) Authorization for news media access and news media policy;
(9) Pursuit/surveillance vehicles and control of travel routes.
(10) Establishment of a React Team for exigent contingencies
What are some tactical considerations when dealing with a hostage or barricaded suspect situation?
(1) The number of suspects, known weapons, and resources;
(2) If the suspect is in control of hostages;
(3) If the suspect is barricaded;
(4) The type of crime involved;
(5) If the suspect has threatened or attempted suicide;
(6) The location of the command post and safe approach to it;
(7) Extent of any perimeter;
(8) The number of deputies involved;
(9) Any other important facts critical to the immediate situation;
(10) Whether or not the suspect has refused an order to surrender.
Who is authorized to initiate a request for SET and/or the Hostage Negotiation Team?
Any sworn member of the Sheriff’s Department may request SET/HNT assistance.
Who is authorized to activate the SET and/or HNT Teams?
The field supervisor.
Your squad has received a call of a barricaded suspect in a home on Walnut Road in Goleta. You have set up an inner perimeter and secured the scene. The suspect has been yelling out his window that he will shoot his girlfriend, her mother, and her sister if the Sheriff’s units don’t leave the area.
As the on-scene supervisor, what are your responsibilities at this point in the incident? (Explain all actions you will take.)
Scenario (continued):
Prior to the arrival of any other units (SET, HNT, the Lieutenant), the suspect yells out that he is going to kill the hostages, and you hear a shot fired.
(1) Attempt to avoid confrontation in favor of controlling and containing the situation until the arrival of trained personnel/ HNT;
(2) Notification of SET/HNT;
(3) Notification of appropriate persons within and outside the agency, such as command officers, dog handlers, or helicopter pilots;
(4) Establishment of inner and outer perimeters;
(5) Evacuation of bystanders and injured persons;
(6) Establishment of a central command post and appropriate chain of command;
(7) Request for ambulance, rescue, fire, and surveillance equipment;
(8) Authorization for news media access and news media policy;
(9) Pursuit/surveillance vehicles and control of travel routes.
(10) Establishment of a React Team for exigent contingencies
Suspicious packages and explosive devices:
Who is the on-scene commander, and what are his/her responsibilities?
The deputy assigned to the call is the on-scene commander, unless relieved by a filed supervisor.
(1) Work with the facility manager to determine if the facility needs to be evacuated;
(2) Interview the recipient of the bomb threat to get further information, if possible;
(3) Coordinate a search for the device;
(4) Establish a command post;
(5) If the search fails to find the bomb, it is the facility manager’s decision to have the employees return to work;
(6) The on-scene commander or PIO shall be responsible for making any statement;
(7) Complete all necessary reports.
