FLETC Written Exam #1

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Graham v. Connor (1989)
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Graham v. Connor (1989)
Recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion/threat to affect it.

In the course of an arrest or stop is properly analyzed by Fourth Amendment's 'objective reasonableness' standard
Graham Factors
Severity of crime
Whether suspect poses an immediate threat
Whether suspect is actively resisting arrest
Attempting to evade arrest by flight
Additional factors considered when applying standard of Graham v. Connor that may govern the reasonableness of using force
# of suspects/# of officers
Size, age, condition of officer/suspect
Duration of action
Whether force applied resulted in injury
Previous violent history known to officer at time
Use of alcohol/drugs
Suspect's mental history known to officer at time
Presence of innocent bystanders
Availability of officer weapons
Range of Reasonableness
Officer responses range from:

Hesitation---------------Aggressive
Tennessee v. Garner (1985)
Supreme Court stated it is not reasonable to shoot an unarmed non-dangerous fleeing suspect.
Key Elements of Tennessee v. Garner
Probable cause
Threat
Officer not obligated to wait until death or serious bodily harm is occurring
If based on totality of circumstance and the officer perceives a threat of such action, a reasonable force option may be used
Pre-Assault Indicators
Verbal aggression
Change in posture
Face becomes red, showing teeth, breathing faster
Individual ignores you or stares through you
Aggression
Hands tighten
Individual becomes rigid
Chin tucked
Common Restrictions in Agency Use of Force Policy
Use of warning shots
Use of maximum force
Moving vehicles
Exhausting lesser means of force first
Physiological Changes triggered when faced with a threat
Pounding heart
Muscle tension
Rapid, shallow breathing
Nausea
Dizziness
Dry mouth
Diminished sound
Tunnel vision
Slow motion time
Memory loss
Memory distortion
Tunnel Vision
Loss of peripheral vision
Heightened Visual ClarityClear picture of details you ordinarily might not notice/rememberHearing DistortionsTotal loss of hearing, to muffled or distantTime DistortionThings seem to speed up or slow downCognitive/Behavioral Changes triggered when faced with a threatAutomatic Behavior Memory Gaps Intrusive ThoughtsMethods of overcoming hesitation in use of forceMental preparation Proper Training Belief in mission Personal Appearance Physical Fitness Understanding the law Reality Based Training Continuous Positive Visualization Understanding of agency policy Commitment to family/friends Will to winFundamentals of Documenting Use of Force IncidentOfficer Safety Objective, not subjective Training and Experience Matched Description Basis for SeizureTerry StopReasonable suspicion sufficient for investigation stop or detention; no warrant neededTwo Main Parts of the MindThe conscious and the subconsciousThe Conscious MindRational, analytical part of the mind. Home to will power and short-term memoryThe Subconscious MindThe real boss, communicates through feelings and emotionsMistaken Assumptions of PerceptionEveryone sees what really occurs Everyone sees everything that occurs Everyone processes information the same way Everyone remembers exactly what occurred during an incident Memories stay the same, maintain accuracy, and remain consistent over time People can replay experiences with accuracy and detailArousalDefined by physiologyAnxietyDefined by terms of emotional or cognitive impact of arousalSituational AwarenessA person's perception of the elements in the environment within a volume of time and space, the comprehension of their meaning, and the projection of their status in the near futureEffective Situational AwarenessPerception of changing elements during dynamic events and correctly reacting in a timely mannerGlobal AttentionNot focused on one specific thingSelective AttentionFocus on one specific thingInattentional BlindnessInattention to cues during dynamic events results in failure to accurately interpret patterns and implications of the behavior leading to ineffective decisions and poor performanceScanningWhen a subject is observed paying attention to the surrounding area rather than the LEOTarget GlancingRefers to the obvious preoccupation an offender will have with a particular area of an officer's body or with any of the officer's weaponsRecognition Primed Decision MakingAsserts that experienced decision makers can identify a reasonably good option as the first one they considerPugilistic StanceThe fighting stanceFlankingUsually occurs when there are multiple suspects, movement to the rear or side of a LEO by one or more of the suspects...it's an attempt to find a position suitable for a successful attackWIN'What's Important Now'Lifestyle ManagementPersonal plan for wellnessWellnessLifestyle that is dynamic to the changes of life and strives for the highest level of functioning in each wellness dimension6 Dimensions of healthPhysical Mental Social Emotional Spiritual OccupationalElements that provide balance in the physical dimension of lifePhysical Activity Nutrition Rest Health CareCardiorespiratory FitnessAn activity that involves large muscle groups used in a rhythmical or dynamic manner over an extended period of timeMuscular StrengthMaximum amount of force exerted against a resistance in one effort, as is measured during a one-rep max liftMuscular EnduranceAbility to exert force against a resistance over a period of time, as is measured by a timed push-up testMental HealthState of well-being in which the individual realizes his or her own abilities, can cope with normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her communityMental IllnessHealth conditions that are characterized by alterations in thinking, mood, or behavior associated with distress and/or impaired functioningEmotional HealthAbility to control emotions and express (or not express) them comfortably and appropriately.Social HealthRefers to the ability to have satisfying inter-personal relationships, positive interaction with others, and to adapt to various social situations and daily behaviorsSpiritual HealthAbility to discover and articulate a personal purpose in life, to learn how to experience love, joy, peace, and fulfillment and how to help one's self and others achieve full potentialOccupational HealthFeelings of comfort and accomplishment related to one's daily tasksAtherosclerosisNarrowing and thickening of arteriesCulprits of Cardiac Disease in Law EnforcementLack of Sleep Poor Nutrition Sedentary LifestyleTop 10 Behaviors related to misconduct on jobProfessional Courtesy Misuse of Computer Prejudicial Decision-Making Misuse of equipment/vehicle Making stops without RS Operating personal business on official duty time False Time/Attendance Claims Failure to report misconduct by another officer Disrespectful/abusive prejudicial treatment/language Misuse of authority for personal benefitEthicsCode of conduct; refers to the rules or principles of conduct that are commonly understood and accepted by society Ethics defines what we should do or ought to doValuesValues determine what we actually do; they define what is important to us and we make our decisions based on what is important to us at that timeCore Values of Law EnforcementIntegrity Fairness Respect Honesty Courage CompassionIntegrityEncompassing term meaning 'wholeness'; person's character is whole and there are no divisible aspects to a person's ethical lifeLoyaltyAllegiance to other persons or organizations, the constitution, or a philosophical beliefResponsibilityAccepting responsibility for decisions and actions; we are accountable for what we do and who we areDiligenceWe do our best; we are conscientious about our work and the manner in which we do it; there's a moral obligation to do our best and be careful, prepared and informedFairnessFreedom from prejudice or favoritism; requires respect for cultural and ethnic diversity; we do not abuse discretionary power to satisfy personal feelingsRespectWe acknowledge rights and values of anotehr personHonestyTrustworthy; reliable; truthful; sincereCourageHaving the personal ability to face difficulty with resolve, without excessive fear Personal conviction which enables one to act for the right reason without excessive concern for personal consequencesMoral CourageCourage to do the right thing in the face of ethical challenges, even if it's not popularCompassionGenuine concern for the welfare of others; ability to restore order to others' lives while controlling and understanding personal feelings which influences one's actionsEssential tools of LE professionTrust and CredibilityThree Components of CharacterMoral Knowing Moral Feeling Moral ActionMoral KnowingPerson of good character knows what is rightMoral FeelingPerson of good character desires to do the right thingMoral ActionPerson of good character does the right thing when confronted with a situation that requires it *willpower*Two cultures of law enforcementFormal InformalRationalizationHow we justify violating a rule, regulation, or breaking the lawTypes of RationalizationsIf it's necessary, it's ethical If it's legal and permissible, it's proper Denial of Responsibility Denial of Injury Denial of Victim Condemnation of the Condemners Appeal to Higher Loyalties Everyone is Doing ItDilemmasChoice between two equal or nearly equal alternativesSlippery SlopeViolating policy or breaking the law happens over time after being exposed to all various influencesThe A.C.T. Ethical Decision Making ModelProblem solving technique to help sort through troubling ethical conflicts'A'-AlternativesConsider all options available'C'-ConsequencesDetermine consequences for each alternative'T'-TellCan you honestly tell your story to others and be proud of your decision or action?Giglio v. United StatesRequires that government prosecutors provide defense counsel any impeaching information regarding prosecution witnessesKalkines v. United StatesIn a non-custodial interview involving possible criminal conduct where criminal prosecution has been declined by appropriate prospective authority, an employee may not refuse to answer questions regarding specific performance of dutiesGarrity v. New JerseyEstablished the Garrity Warning: the employee has the right to remain silent and that anything said can be used in administrative or criminal proceedingsWhistleBlower Protection ActEstablishes primary role of the Office of Special Counsel, an independent agency to protect and act in the interest of employees who seek assistance from prohibited personnel practicesWhistleBlowerEmployee or former employee of an organization who attempts to disclose illegal or unethical activities for moral reasonsSexual HarassmentUnwelcome sexual advances Requests for sexual favors Conduct that unreasonable interferes with work performance Creates intimidating, hostile work environment Conduct that enters into employment decisionsCivil Rights Act of 1964Makes it illegal to discriminate on basis of individual's: race color religion national origin sex ageQuid pro quo"something for something"; must be based on sexCriterion for quid pro quo harassmentBased on sex Consists of unwelcome advances tangible economic benefit must be contingent on victims' submission to the unwelcome sexual advancesHostile Work EnvironmentUnwelcome conduct so severe or pervasive as to create an intimidating/threatening, hostile, or offensive work environmentCultureRefers to the sum total ways of living transmitted from one generation to anotherDiversityDifferences amongst us allStereotypeIdea or perception that many people have about a thing, group or ethnic background; picture held in common by members of a group representing an oversimplified opinion, attitude, or judgmentRacial ProfilingAny law enforcement initiated action that relies on race, ethnicity, gender, national origin, religion, sexual orientation, or gender identity rather than behavior of an individual or info that leads LEO to a particular individualHuman Trafficking-Forced LaborForcing or coercing a person to perform labor or services by threats of serious harm to the person or a third party, or physical restraintHuman Trafficking-Sex TraffickingAny adult who is made to engage in a commercial sex act (exchange of anything of value to any person or sex act) by means of force, fraud, or coercion When a minor is involved, elements of force, fraud, or coercion need not be provedMyths of Human TraffickingSlavery is history It only applies to foreigners It requires movement Victims self-report to law enforcement It doesn't happen in your backyardBehavioral Indicators of Human TraffickingNot in possession of his/her own documents Restricted movement, not exercising free will Visible signs of physical violence or abuse Restricted or monitored communicationsSituational Indicators of Human TraffickingSurveillance equipment Unaccompanied minors Locks/fences/restraints surrounding building Overcrowded, unusual, substandard living conditions Evidence of commercial sex trade Restricted or monitored transportation Ledgers showing debt calculations Victim doesnt handle money directly Economically irrational and unreasonable work conditions No, or low wagesAuthorityDelegated right to determine, adjudicate, or otherwise settle issues or disputesPowerThe ability to do or act; to produce an effectForceStrength, intensity of effectDiscretionThe power or right to decide or act according to one's own judgment (based on totality of the circumstances)ControlTo exercise restraint or direction over, dominate.InfluenceAn action exerted by one thing or person over another; power to affect other people's thinking or actions by means of argument, example, or force of personalityLeadershipOne's ability to get others to willingly follow. Position, function, or guidance of a person who creates a vision and sets the exampleCommand PresenceEssentially presenting yourself as someone in authority and who is to be respected and obeyed Personal appearance, body language, how you sound, how you actProcedure for Preparing RadioCheck for radio antenna Check all control knobs/switches Check for battery Test radio before patrol Find malfunctions before patrolPortable Radio Range1-2.5 milesMobile Radio Range4-10 milesCommon Radio MalfunctionsBattery Corroded terminals Loose connections Loose antennaWords/Phrases to Avoid on RadioThose similar in sound Emotionally chargedNational Crime Information Center (NCIC)Nationwide computerized information system; equipment located at FBI Criminal Justice Information Services Division Facility in Clarksburg, WV Any inquiry will get: whether subject is wanted if warrant is outstanding if missing person is involvedNational Law Enforcement Telecommunications System (NLETS)Information exchange network; computerized communications network linking state, local, and federal law enforcement agencies in 50 states, DC, Puerto Rico, and CanadaTreasury Enforcement Communications Systems II (TECS II)A computerized information system to identify individuals, companies, vehicles, vessels, and aircraft involved in violation of federal laws; operates on SoundExEl Paso Intelligence Center (EPIC)Managed by DEA; used to monitor worldwide narcotics activitiesCentral Index System (CIS)Sponsored by Immigration Naturalization System; provides location on existing INS alien filesWashington Area Law Enforcement System (WALES)Sponsored by DC Metro PoliceTerrorist Screening Center (TSC)Consolidates the federal government's approach to terrorist screening processesDomestic TerrorismInvolves acts dangerous to human life that are a violation of the criminal laws of the United States or of any State and appears to be intended to: intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion to affect the conduct of a government by mass destruction, assassination, or kidnapping and occur primarily within the territorial jurisdiction of the United StatesInternational TerrorismInvolves violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or what would be a criminal violation if committed within the jurisdiction of the United States or of any state and appear to be intended to intimidate or coerce a civilian population to influence a policy of a government by intimidation or coercion to affect the conduct of a government by mass destruction, assassination, or kidnapping and occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylumGuiding Principles Contained in National Security Strategy to Combat TerrorismDefeat Terrorism Worldwide Strengthen Bio and Nuclear Security Improve Intelligence Capacity and Information Sharing Ensuring a Secure Global Digital Information and Communications Infrastructure Promote Resiliency of our Physical and Social Infrastructure Pursue Comprehensive Transborder Security Ensure Effective Incident ManagementNational Terrorism Advisory System (NTAS)Communicates information about terrorist threats by providing timely, detailed information to the public, government, first responders, airports, and private sectorImminent Threat AlertWarns of a credible, specific, and impending terrorist threat against the United StatesElevated Threat AlertWarns of a credible terrorist threat against the United StatesThe 4 Failures Revealed by the 9/11 Commission ReportImagination Policy Capabilities ManagementTitle 18 U.S.C. 2339BAimed at people who support terrorist organizations; person knowingly supports the terrorist organizationTitle 18 U.S.C. 2339AAimed at people who support the things that terrorists do; person knowingly supports something a terrorist might doSocial Networking SitesSoftware applications that connect people and information as well as market products, and services interactivelyGeotaggingProcess of adding geographical identification to photographs, videos, websites, and SMS textsLocation-based Social NetworkingApplications that exist for the purpose of individual's intention to reveal their geographic locationDoxingProcess to obtain and intentionally release an individual's personally identifiable informationTerrorist Attack CycleProject Initiation Target Assessment and Selection In-Depth Surveillance Planning & Rehearsal Plan Verification Execution and ExploitationProject InitiationLeadership initiates operation Possible targets discussed Intelligence cells activated/sent to areaTarget Assessment & SelectionMultiple targets assessed Evaluated for likelihood for success Conducted to discern target's daily patterns and activities Info will be used to determine time and place for actual attack Target value assessed Target list refinedIn-Depth SurveillanceEvaluates defensive measures of the target The riskiest phase for terrorists Earliest phase of surveillance, most vulnerable to detection Only phase requiring them to expose themselves Terrorist groups will use untrained or less experienced personnel initially Surveillance will last for a substantial period of time Best opportunity for you to send terrorists elsewhere Terrorists decide on target of choiceVulnerabilities revealed by in-depth surveillancePredictability of target Weak Security ProfilePlanning and RehearsalPlans and tactics selected Plans refined and attack rehearsed Tactical cell selected Plan is rehearsed Plan is validatedPlan VerificationIntelligence cell resumes surveillance (more professional in nature; no need to be constant surveillance) Evaluates target for changes in activity or increased defensive countermeasures If plan is not feasible, op returns to target assessment and selection phaseExecution and ExploitationKey members of cell exfiltrate Attack plan is carried out Leadership exploits incidentTargets of TerrorismIntermodal Environment National Monuments Federal Facilities/Properties Large Gatherings of PeopleCVE Key ObjectivesSupport and coordinate efforts to better understand the phenomenon of violent extremism, including assessing the threat Bolster efforts to catalyze and support non-governmental, community-based programs, and strengthen relationships with communities that may be targeted for recruitment by violent extremists Disrupt and deter recruitment or individual mobilization through support or local law enforcement programsViolent ExtremistsIndividuals who support or commit ideologically motivated violence to further political goalsRadicalizationThe process by which individuals come to believe that their engagement in or facilitation of non-state violence to achieve social and political change is necessary and justifiedThree Stages of RadicalizationRadicalization Mobilization ActionSovereign CitizensBelieve they are subject only to common lawMilitiasBelieve that being well armed is a mustSouthern Border MilitiasGroups located in border states whose members feel as though the US government cannot or will not control the flow of illegal immigrants into the USEarth FirstBelieve Earth is in danger of being destroyed by technological advancesEarth Liberation FrontOffshoot of EF FBI claims it as the most active domestic terrorist groupAbnormal BehaviorCan be described as an action that is inappropriate for a person's position, has no potential of achieving any goal, and a person continues in spite of objective information that the action is unlikely to be effectiveIntellectual DisabilitiesDefined by a person's intelligence quotient (IQ) level which ranges from in four levels: Mild (50-70) Profound (below 20-25)Tic DisorderAre involuntary sudden, rapid, recurrent, stereotyped motor movement or vocalizationTourette's DisorderLonger in duration or complexity than a ticAttention-Deficit and Hyperactivity DisordersFrequently occurs with learning disabilities, depression, anxiety, conduct disorder, or hostile attitudes Three Types: Inattentive Hyperactive-Impulsive CombinedCommunication DisordersExpressive Language Disorder Stuttering Phonological Disorder Mixed Receptive-ExpressiveDementiaBrain deteriorationHallucinationsSensory experiences in the absence of any relevant stimulation in the environmentDelusionsBeliefs contrary to reality; belief one is being manipulated by some external forceSchizophreniaInvolves the distortion in the perception of reality in addition to an impaired capacity to reason, speak, behave rationally or spontaneously, and respond appropriately to emotional and motivational stimuliMood DisorderWhen a person exhibits depression, bipolar disorder, or both in alternating fashionMajor depressive disorderIndicated by profound sadness and/or an inability to experience pleasureBipolar disorderconsists of one or more manic episodes, and usually one or more depressive episodes; dramatic highs and lows in mood, energy, and ability to think clearlyAnxiety DisorderGroup of mental illnesses that cause people to suffer from excessive worry and abnormal feelings of nervousness without particular causes, which cannot be alleviated through normal actionsAutismShow a noticeable lack of awareness of the existence or feeling of othersExcited DeliriumPsychotic behavior, elevated temperature, extreme fight or flight response by nervous systemSurveillanceSecretive watching of persons, vehicles, places, or objects to obtain information otherwise unavailable or impractical to obtainSurveillance DetectionProcedures to identify groups or individuals who may be monitoring the activities of an individual or placeCounter-SurveillanceMeasures and actions taken against the groups or individuals conducting the hostile surveillanceHostile SurveillanceSurveillance conducted by those deemed adversarialSoft TargetLittle or no protectionHard TargetGuarded or has considerable securityTechnical SurveillanceUtilizes specialized equipmentFixed SurveillanceRequires surveillant to remain in the same location of observe activitiesMobile SurveillanceMoving targetProgressive SurveillanceAdversary observes a target for short period of time in one position, withdraws for a time, then resumes from another positionBurn SyndromeIf surveillant feels as though they are surveilled, they start to do unnatural thingsResilienceThe ability to bounce back from challenges and stress Referred to as mental toughnessStressThe non-specific response of the body to any demand; can be physical, emotional, interpersonal Causes bodily and mental tensionThe Stress ResponseFight, flight, or freeze; biological response in which the mind and body instinctually prepares to face dangerSymbolic StressNon-life threatening, emotional every day stress where balance is not restoredThe ABC's of StressActivating event Belief System Consequences you experienceConstitutionAuthority of power rests with the people who delegated powers to the central government It's a contract between the people (states) and the federal governmentLegislative Branch2 houses: House and Senate Senate has 6 yr term, House has 2 yr term both with no term limitsExecutive BranchPresident 4 year term, 2 term limitJudicial BranchSupreme Court 9 members Federal Appellate CourtsPowers of Congress (Article I Powers)Power to make all necessary and proper laws to carry out the enumerated powers Collect taxes Regulate commerce Establish post offices Establish federal courts inferior to SC Provide for common defense and general welfare Coin and borrow money Patents and copyrights Declare war Establish militiaPowers of the Executive (Article II Powers)Administration of government Implementation and enforcement of law Enters into treaties with foreign nations Veto acts of congress Grant pardons for federal crimes Nominate cabinet members, US Attorneys, SC Justices Commander-in-Chief Elected by nation, through electoral collegePowers of the Judiciary (Article III Powers)Original and Appellate jurisdiction Final authority on constitutional interpretation Rule on constitutionality and legality of federal and state laws Interpret the lawChecks and BalancesEach branch can exercise some control over the others to ensure that no single branch becomes too strong or dominatesFederalismPower divided between central government and the statesSeparation of PowersDecentralizing power by separating governing functions in several branchesMarbury v. Madison (1830)Supreme Court can declare laws unconstitutional1st AmendmentFree speech, freedom of petition, freedom of religion, freedom of the press, redress4th AmendmentNot all warrantless searches and seizures are 'unreasonable', many are reasonable. Exclusionary rule; need description of place and person/thing to be seized5th AmendmentDue Process and Procedural Rights; Grand jury, double jeopardy, protection from self-incrimination in criminal trials6th AmendmentSpeedy, public, fair, impartial trial8th AmendmentNo excessive bail, fines, cruel and unusual punishment. Government needs to prove defendant should remain in custodyRights Government Required to RespectNo government overreach Warrants Miranda Right to speedy trial Can't violate right to counsel Right to be informed of nature of charges Must show why accused should stay in custodyQualified ImmunityOfficer's defense to standing trial for a constitutional tort