The purpose of stop and frisk are TWO separate distinct actsto prevent criminal activity and the SOLE purpose of the frisk is officer protectionTerry vs. Ohio (1968)Allowed the police to stop and search a suspect if he has reasonable suspicion that the person has committed a crime.Reasonable Suspiciona suspicion based on specific facts; less than probable cause; articulable factsMinnesota vs. DickersonDuring frisk of outside clothing, officer may remove a weapon or contraband if immediately apparent; plain feel doctrineIllinois vs. WardlowPresence in a high crime area combined with unprovoked flight upon seeing police officers; justifies a Terry Stopprobable causeFacts and circumstances that would lead a reasonable person to believe that the proposed arrest or search is justifiedHow is probable cause established?Through officer's own knowledge, info given by informant, and info + corroborationelephant in a matchbox doctrinereasonably concealedProtective Sweepa limited examination of a home to determine if there are others who could pose a safety risk for officersReasons for searchSearch incident to arrest, consent, vehicle exception, exigent circumstances, border, plain view, open fieldsThornton vs. USOfficers may search the passenger compartment of a vehicle after a lawful arrest even if the suspect was not in the vehicle when arrestedArizona vs GantSearching a vehicle after an arrestCarroll Doctrinemust be probable cause/ must be mobile (driving away immediately)Exigent Circumstanceswhen there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedurePlain View Exceptionthe rule that any evidence police can see or hear in plain view when they are where they have a legal right to be is admissible in court, even without a legal warrant or probable causeArrestAction when a person is deprived of his or her freedom.Custodial Interrogationquestioning by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action3 questions courts ask about Miranda Warnings1. Were the Miranda warnings given?
2. If so, was there a waiver?
3. If there was a waiver, was it intelligent and voluntary?civil liabilityLawsuits filed by a person who feels like they have been wronged by someoneVicarious LiabilityLegal responsibility placed on one person for the acts of another.Discretionary actsActions that officers perform using their own judgement. Can be held liable if they are willfully or grossly negligent.Ministerial ActsIf f officers fail to perform the duty as prescribed. Ex. if the agency has a policy against shooting a gun from a moving vehicle but the officer does so anyway and someone gets injured, the officer can be sued.Malfeasancemisconduct or wrongdoing, especially by a public officialMalicious procecutiona proceeding instituted in bad faith without any probable cause in the belief that the charges against the defendant can be sustained.Graham vs. ConnorJudged from the perspective of a reasonable officer on the scene rather than the 20/20 vision of hindsight.. *Reasonable standardTennessee vs. Garnerwhen a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or othersReducing the occurrence of civil lawsuits on the part of the agencyEffective policies and procedures
Thorough and continuous training
Proper supervision and discipline
Accurate, though police reportsPerson responsibility for minimizing lawsuitsknow agency's policies and procedures
stay in your scope of duties
act professionally
know and respect the citizen's constitutional rights
seek advice if in doubt
carefully document your activities in your reports
maintain good community relations
keep current on civil and criminal liability casesUse of Force continuumLevel 1: Dialogue
Level 2: Passive Resistance
Level 3: Active Resistance
Level 4: Assaultive
Level 5: Deadly ForceTraits of a leader1. Honest
2. Forward-looking
3. Inspiring
4. Competent1st AmendmentReligion, Speech, Press, Assembly, Petition2nd AmendmentRight to bear armsThree types of state liability for officersStrict Liability, Negligence, intentional tortsStrict Liabilitysevere injury when harm was foreseen (intent or mental state need not be proven)Negligenceintent or failure to act created an unreasonable risk to another personIntentional Tortsclear purpose of causing harmDiscretionary Actsacts performed using own judgment (i.e. deciding whether or not to make an arrest); officer cannot be held liable for damages unless willfully or grossly negligentmalfeasancerefers to acts of misconduct or wrongdoingNonfeasancefailure to take actions2 factors when examining liability1. Information known at the time of arrest
2. Reasonableness of the officer's actions at the time of arrest
