WEEK 2 NOTES Flashcards
Verbal De-escalation:
Use of Force Continuum
- Police Presence
- Verbal Direction
Rhetoric Triangle
- Ethos - Credibility/Trust
- Logos - Consistency/Logic
- Pathos - Emotions/Imagination
Moment of truth: Officer’s appearance
Appearance matters, manage your moment of truth
- Keep a pressed uniform, shiny boots, well put together appearance
Dr. George Thompson’s 5 universal truths:
- All people want to be treated with dignity and respect
- All people want to be asked rather than told to do something
- All people want to be told why they are being asked to do something
- People want to be given options rather than told
- All people want a second chance
Credibility = Prerequisites for being credible
- Competence
- Good intention
- Empathy
3 types of people
- Agreeable 80%
- Challenger 90%
- Manipulator 95%
SGT Dolan’s Dust em’ off rule
Following an interaction with a citizen it would be wise to explain the reasons for the encounter and the actions taken. It serves to enhance the officer’s legitimacy
- “Pick em’ up, dust em’ off, and send em’ on their way!”
Ethical appeal
Also known as police legitimacy
Know indicators of assault
- Fighting stance
- Invading personal space
- Hands in pocket
- Clenching fist/balling fist up
- Making verbal threats
- Looking around
- Head rolls/neck stretches
- Tense Jaw muscles
- Pacing back and forth
- Sweating profusely
- Stretches arms/shoulders
1964 Civil rights act = Standardized use of force
- Signed by President Johnson, prohibits discrimination on basis of race, color, religion, sex, or national origin.
- Brought Modernization to law enforcement
- Many states failed to adhere
What are officers most often sued for?
-Civil Rights violations
- Excessive force
- False arrest
Theories of liability:
- Civil State claims
- Civil Federal claims- (1983 action, sues officer personally)
- Government tort liability act-(GTLA, sues dept. not officer)
- Administrative claims- POST, Internal affairs
Ramifications
- Fired
- Criminally Charged
- Sued through civil court
- Civil rights violation
- Monetary damages
- De-certified from post
Johnson v. Glick = Shocks the conscious
- Relationship between force needed and used
- Was the force applied maliciously and sadistically?
- Does it shock the conscious of the normal person?
Tennessee V. Garner (1974): Can not kill over property
- Deadly force on 17-year-old for stealing a purse with $10
- No amount of property is worth a human life; must be more
- Use of force is a 4th Amendment seizure
Graham V. Connor 1989
Graham suspected of stealing after running out of gas station when the line was too long (needed something before going into diabetic shock). Goes into diabetic shock and is beaten
The Graham Factors- At least three factors must be taken into consideration
- The severity of the crime
- Is the suspect an immediate threat to the police officer or the public
- Is the suspect actively resisting or evading arrest
When can I use force?
- Defend of self
- Defend of another’s
- To effect an arrest
TCA 39-11-620: Deadly Force
- Self-defense to protect from losing your life or to protect against serious bodily injury
- Defense of another to protect them from losing their life or protecting against serious bodily injury
- To stop a dangerous fleeing felon
Standard of force by categories of persons
- Free persons- Governed by the 4th Amendment ORT
- Pre-Trial Detainees- Governed by the 14th Amendment
- Convicted Persons = Governed by the 8th Amendment Glick Test
What are the 5 levels of use of force?
least to most severe
1. Officer presence
2. Verbal commands
3. Soft or hard controls
4. Intermediate weapons
5. Lethal force
8th amendment
right against cruel/unusual punishment - Glick test (shocks the conscience)
TCA § 38-8-128: Duty to intervene
- Officers have a duty to stop and report excessive force to supervisor
- Failure to intervene makes you just as liable/guilty
De-escalation
Time, Distance, Cover when you have the chance to de-escalate
Was the force motivated by Genuine Fear?
- Genuine fear is the only reasonable motive courts will look at
- Imagined fear or emotions is WRONG
Courts will look to determine reasonableness
- Attempt to flee or evade lawful arrest/detention
- Imminent threat to persons
- Resistance to arrest
- Severity of crime
- Officer’s legitimate anxiety level
TCA § 39-13-111: Domestic Violence
Assault to current/former spouses, dating/dated with sexual encounters, live/lived together, related by blood/adoption/marriage/prev. Marriage, or minor children of person involved in the above
- Power and control
- Evidence based investigation
- Suspect gives you a moment in time, victim gives you history
- Financial abuse
Types of Domestic Violence
- Psychological
- Physical
Domestic Assault Charges
- 1st offense: Misd./A
- 2nd offense: Misd./A+30 days
- 3rd Offense: Misd./A+90 days; or E Felony with minimum 90 days if victim suffers bodily injury (Last offense must be in last 10 years)(individually look it up, these cases are often dismissed, altered, reduced)
**(TCA 36-3-619): Officer Response to domestic assault **(KNOW THIS IN ITS ENTIRETY)
- Probable cause a crime committed = Shall arrest
- Probable cause of a crime committed = When 2(+) persons commit fel. /misd.
- officer shall use judgment to determine the primary aggressor AND arrest any, all, or none
Cycle of Violence
- Honeymoon
- Tension
- Explosive
Why doesn’t she leave?
*hope
- fear
- retaliation
- cultural
- religion
- children
Domestic Aggravated Assault
Serious bodily injury, or strangulation, whether
bruising/injury is visible/not
Stalking
2 or more separate harassment incidents for a person to feel terrorized, frightened, or harassed
False Imprisonment
Knowingly confines/blocks/interferes with a person’s liberty
Kidnapping
false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury. (b) Kidnapping is a Class C felony
Who is eligible for an order of protection?
- Domestic assault victims
- Sexual assault victims
- Stalking victims
Order of protection process
- Petitioner (Victim) files a petition in county where the Respondent (Offender) resides or the county in which the offense occurs.
- The Petition begins as a Fiat (summons) or Formal Authorization
- Judge or Magistrate then reviews the Petition
- Dismiss or
- Grant, making it an Ex-Parte Order of Protection
- Ex-Parte simply means with respect to one side
*The Petitioner has asked for and the courts granted this action based solely off their testimony - Once granted by the court, it carries the full weight of an Order of Protection
How long are order of protections good for?
Generally good for 1 year
- could be for 5-10 years
- lifetime depending on circumstances
Only way order of protection goes away?
- reconciliation order
- expires
Before you can get a warrant for Order of Protection
Verify, the order of protection is in effect.
- Have jurisdiction
- Have probable cause
The Full Faith and Credit Act
requires every jurisdiction in the United States to recognize and enforce valid protection orders issued in any jurisdiction in the United States
3 Registries of Abuse
- SOR - Sex Offender Registry - TBI/Local Agencies
- Animal Registry (Felony only) - Clerk/TBI
- Abuse Registry - TN Department of Health
1984 Thurman v. Torrington
The Thurman lawsuit brought about sweeping national reform of domestic violence laws, including the “Thurman Law” (aka the Family Violence Prevention and
Response Act) instituted in Connecticut in 1986, which mandates police make arrests in domestic violence cases even if the victim does not wish to press charges
Where do you have to take out the order of protection?
Where the abuse happens or where the respondent resides
- Exparte-With respect to one party
- Shall arrest if stalking on order of protection
Petitioner
victim or person who petitions the court
Respondent
Perpetrator
Stalkers
- Domestic Stalker
- Resentful Stalker
- Predatory Stalker
- Incompetent Suttor
- Intimacy Seeking Stalker
- Vengeance/Terrorism Stalker
Lethality Assessment Program Maryland model
- LAP is a program used to assess the level of danger an intimate partner is in, regarding a Domestic Violence situation
- intimate partners only
Freedom of information act - 10-7-101 TN Public Records act
everyone has access to your report
Difference between strangulation, suffocation, and choking?
- Strangulation: Oxygen to the brain
- Suffocation: Oxygen to all organs
- Choking: Internal obstruction
Most common symptoms of being strangled
- Speech changes (raspy voice)
- Swallowing
- Breathing
How many ways can you lose a confession in court?
- Exclusionary rule (4th amend)
- Miranda (5th amend)
- Right to counsel (6th amend)
- Voluntariness rule (14th amend)
TN Yellow Dot
designed to provide first responders with an individual’s medical information in the event of an emergency on Tennessee’s roadways
Mental Coercion
The courts will look at three areas of factors to determine the
voluntariness of a confession
- Interrogation methods used by the police
- The suspects degree of susceptibility
- The conditions under which the interrogation took place
Confession
admitting to ALL elements of crime
Admission
admitting to SOME elements of crime
Miranda v Arizona
To overcome the “inherent coercive” nature of custodial police interrogation
Miranda Requirements
0fficer must be sure the suspect understands these rights
o If waived, the State has the burden of proof that:
- The required warnings were given completely
- They were waived knowingly, freely, and voluntarily
- Not the result of coercion, deceit, or trickery
When does Miranda apply?
- Custodial
- Interrogation
- Agent of the State (law enforcement)
If a suspect in custody, does not know they are speaking with law enforcement, is officer still required to advise Miranda?
No
Are traffic stops or investigative detentions custody?
No
What is interrogation?
- Express questions that are meant to elicit an incriminating response
- Any conduct of the part of law enforcement that is intended to elicit an incriminating response
Miranda not required
- Public safety questions
- Routine booking questions
- The person being interrogated has a lawyer with them
- Statement made by the suspect without being questioned
Coercion
- Physical Violence/threats of violence
or Mental - (3 factors)
1. Interrogation methods: threats to susp., false promises, psychological coercion
2. Suspect’s degree of susceptibility: age, experience, mental condition
3. Conditions of interrogation: location, # of officers, length, food, intensity
any way a suspect can still be interrogated after invoking their right? Yes. There are 3 ways
- If they have an attorney present and agree to talk
- If the suspect, after invoking their rights, initiates the contact and ask to talk to the police. Miranda is required before questioning resumes if still in custody
- If there is a break in custody of more than 14 days
Miranda right to counsel Vs. 6th Amend. Right to counsel
- Miranda right applies before formal charges
*- 6th amendment right applies after - Miranda right applies only in custodial interrogation
- 6th amendment right applies anytime police initiate contact
- 6th amendment right is offense specific
- Miranda right applies to any offences; charged or uncharged
- Both rights can be waived and the procedure to do so is the same
Juvenile (TCA 37-1-101): Intent of juvenile law is rehabilitation
Rule of 7:
o 0-7: incapable of intent.
o 7-14: Presumed incapable but may be proved to have had a “vicious wil.”
o 14+: treated as adults.
Juvenile law: is statutory driven NOT common law
What is a status offense?
- offense is a noncriminal act that is considered a law violation only because of a youth’s status as a minor. Typical status offenses include:
truancy, running away from home, violating curfew, underage use of alcohol, and general ungovernability.
Juvenile Court
Have exclusive Jurisdiction over:
- Delinquent
- Unruly
- Tragic
- Dependent/neglect cases
Delinquent Child
child who has committed a delinquent act and needs treatment or rehabilitation
Unruly Child
child that commits status offense (conduct that would not be a crime if it were committed by an adult)
Dependent/ Neglected Children
a child who is without a parent, guardian, or legal
custodian
Mandatory Reports
Abuse, neglect, abandonment, minor in car during DUI
When can I take a child into custody
- Pursuant to court order
- Laws of arrest
- Immediate threat of harm
- Runaway
School Search’s
- Principal can search for weapons or drugs for school safety/policy violations (must have reasonable suspicion)
- officer requires probable cause of crime to search
Re Gault
Children receive the same rights as adults
