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Graham v. Connor (1989) Recognized that the right to make an arrest or inves;gatory 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 'objec;ve reasonableness' standard Graham Factors Severity of crime Whether suspect poses an immediate threat Whether suspect is ac;vely resis;ng arrest ALemp;ng to evade arrest by flight Addi;onal factors considered when applying standard of Graham v. Connor that may govern the reasonableness of using force
of suspects/# of officers
Size, age, condi;on of officer/suspect Dura;on of ac;on Whether force applied resulted in injury Previous violent history known to officer at ;me Use of alcohol/drugs Suspect's mental history known to officer at ;me
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Presence of innocent bystanders Availability of officer weapons Range of Reasonableness Officer responses range from: Hesita;on---------------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 un;l death or serious bodily harm is occurring If based on totality of circumstance and the officer perceives a threat of such ac;on, a reasonable force op;on 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 ;ghten Individual becomes rigid Chin tucked Common Restric;ons in Agency Use of Force Policy Use of warning shots Use of maximum force
Mental prepara;on Proper Training Belief in mission Personal Appearance Physical Fitness Understanding the law Reality Based Training Con;nuous Posi;ve Visualiza;on Understanding of agency policy Commitment to family/friends Will to win Fundamentals of Documen;ng Use of Force Incident Officer Safety Objec;ve, not subjec;ve Training and Experience Matched Descrip;on Basis for Seizure Terry Stop Reasonable suspicion sufficient for inves;ga;on stop or deten;on; no warrant needed Two Main Parts of the Mind The conscious and the subconscious The Conscious Mind Ra;onal, analy;cal part of the mind. Home to will power and short-term memory The Subconscious Mind The real boss, communicates through feelings and emo;ons
Mistaken Assump;ons of Percep;on Everyone sees what really occurs Everyone sees everything that occurs Everyone processes informa;on the same way Everyone remembers exactly what occurred during an incident Memories stay the same, maintain accuracy, and remain consistent over ;me People can replay experiences with accuracy and detail Arousal Defined by physiology Anxiety Defined by terms of emo;onal or cogni;ve impact of arousal Situa;onal Awareness A person's percep;on of the elements in the environment within a volume of ;me and space, the comprehension of their meaning, and the projec;on of their status in the near future Effec;ve Situa;onal Awareness Percep;on of changing elements during dynamic events and correctly reac;ng in a ;mely manner Global ALen;on Not focused on one specific thing Selec;ve ALen;on Focus on one specific thing InaLen;onal Blindness InaLen;on to cues during dynamic events results in failure to accurately interpret paLerns and implica;ons of the behavior leading to ineffec;ve decisions and poor performance Scanning
Spiritual Occupa;onal Elements that provide balance in the physical dimension of life Physical Ac;vity Nutri;on Rest Health Care Cardiorespiratory Fitness An ac;vity that involves large muscle groups used in a rhythmical or dynamic manner over an extended period of ;me Muscular Strength Maximum amount of force exerted against a resistance in one effort, as is measured during a one-rep max lif Muscular Endurance Ability to exert force against a resistance over a period of ;me, as is measured by a ;med push-up test Mental Health State of well-being in which the individual realizes his or her own abili;es, can cope with normal stresses of life, can work produc;vely and fruigully, and is able to make a contribu;on to his or her community Mental Illness Health condi;ons that are characterized by altera;ons in thinking, mood, or behavior associated with distress and/or impaired func;oning Emo;onal Health Ability to control emo;ons and express (or not express) them comfortably and appropriately. Social Health
Refers to the ability to have sa;sfying inter-personal rela;onships, posi;ve interac;on with others, and to adapt to various social situa;ons and daily behaviors Spiritual Health Ability to discover and ar;culate 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 poten;al Occupa;onal Health Feelings of comfort and accomplishment related to one's daily tasks Atherosclerosis Narrowing and thickening of arteries Culprits of Cardiac Disease in Law Enforcement Lack of Sleep Poor Nutri;on Sedentary Lifestyle Top 10 Behaviors related to misconduct on job Professional Courtesy Misuse of Computer Prejudicial Decision-Making Misuse of equipment/vehicle Making stops without RS Opera;ng personal business on official duty ;me False Time/ALendance Claims Failure to report misconduct by another officer Disrespecgul/abusive prejudicial treatment/language Misuse of authority for personal benefit Ethics
Fairness Freedom from prejudice or favori;sm; requires respect for cultural and ethnic diversity; we do not abuse discre;onary power to sa;sfy personal feelings Respect We acknowledge rights and values of anotehr person Honesty Trustworthy; reliable; truthful; sincere Courage Having the personal ability to face difficulty with resolve, without excessive fear Personal convic;on which enables one to act for the right reason without excessive concern for personal consequences Moral Courage Courage to do the right thing in the face of ethical challenges, even if it's not popular Compassion Genuine concern for the welfare of others; ability to restore order to others' lives while controlling and understanding personal feelings which influences one's ac;ons Essen;al tools of LE profession Trust and Credibility Three Components of Character Moral Knowing Moral Feeling Moral Ac;on Moral Knowing Person of good character knows what is right
Moral Feeling Person of good character desires to do the right thing Moral Ac;on Person of good character does the right thing when confronted with a situa;on that requires it willpower Two cultures of law enforcement Formal Informal Ra;onaliza;on How we jus;fy viola;ng a rule, regula;on, or breaking the law Types of Ra;onaliza;ons If it's necessary, it's ethical If it's legal and permissible, it's proper Denial of Responsibility Denial of Injury Denial of Vic;m Condemna;on of the Condemners Appeal to Higher Loyal;es Everyone is Doing It Dilemmas Choice between two equal or nearly equal alterna;ves Slippery Slope Viola;ng policy or breaking the law happens over ;me afer being exposed to all various influences The A.C.T. Ethical Decision Making Model Problem solving technique to help sort through troubling ethical conflicts 'A'-Alterna;ves
Conduct that unreasonable interferes with work performance Creates in;mida;ng, hos;le work environment Conduct that enters into employment decisions Civil Rights Act of 1964 Makes it illegal to discriminate on basis of individual's: race color religion na;onal origin sex age Quid pro quo "something for something"; must be based on sex Criterion for quid pro quo harassment Based on sex Consists of unwelcome advances tangible economic benefit must be con;ngent on vic;ms' submission to the unwelcome sexual advances Hos;le Work Environment Unwelcome conduct so severe or pervasive as to create an in;mida;ng/threatening, hos;le, or offensive work environment Culture Refers to the sum total ways of living transmiLed from one genera;on to another Diversity Differences amongst us all Stereotype
Idea or percep;on that many people have about a thing, group or ethnic background; picture held in common by members of a group represen;ng an oversimplified opinion, aotude, or judgment Racial Profiling Any law enforcement ini;ated ac;on that relies on race, ethnicity, gender, na;onal origin, religion, sexual orienta;on, or gender iden;ty rather than behavior of an individual or info that leads LEO to a par;cular individual Human Trafficking-Forced Labor Forcing or coercing a person to perform labor or services by threats of serious harm to the person or a third party, or physical restraint Human Trafficking-Sex Trafficking Any 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 proved Myths of Human Trafficking Slavery is history It only applies to foreigners It requires movement Vic;ms self-report to law enforcement It doesn't happen in your backyard Behavioral Indicators of Human Trafficking Not in possession of his/her own documents Restricted movement, not exercising free will Visible signs of physical violence or abuse Restricted or monitored communica;ons
One's ability to get others to willingly follow. Posi;on, func;on, or guidance of a person who creates a vision and sets the example Command Presence Essen;ally presen;ng yourself as someone in authority and who is to be respected and obeyed Personal appearance, body language, how you sound, how you act Procedure for Preparing Radio Check for radio antenna Check all control knobs/switches Check for baLery Test radio before patrol Find malfunc;ons before patrol Portable Radio Range 1 - 2.5 miles Mobile Radio Range 4 - 10 miles Common Radio Malfunc;ons BaLery Corroded terminals Loose connec;ons Loose antenna Words/Phrases to Avoid on Radio Those similar in sound Emo;onally charged Na;onal Crime Informa;on Center (NCIC)
Na;onwide computerized informa;on system; equipment located at FBI Criminal Jus;ce Informa;on Services Division Facility in Clarksburg, WV Any inquiry will get: whether subject is wanted if warrant is outstanding if missing person is involved Na;onal Law Enforcement Telecommunica;ons System (NLETS) Informa;on exchange network; computerized communica;ons network linking state, local, and federal law enforcement agencies in 50 states, DC, Puerto Rico, and Canada Treasury Enforcement Communica;ons Systems II (TECS II) A computerized informa;on system to iden;fy individuals, companies, vehicles, vessels, and aircraf involved in viola;on of federal laws; operates on soundex El Paso Intelligence Center (EPIC) Managed by DEA; used to monitor worldwide narco;cs ac;vi;es Central Index System (CIS) Sponsored by Immigra;on Naturaliza;on System; provides loca;on on exis;ng INS alien files Washington Area Law Enforcement System (WALES) Sponsored by DC Metro Police Terrorist Screening Center (TSC) Consolidates the federal government's approach to terrorist screening processes Domes;c Terrorism Involves acts dangerous to human life that are a viola;on of the criminal laws of the United States or of any State and appears to be intended to:
Infrastructure Promote Resiliency of our Physical and Social Infrastructure Pursue Comprehensive Transborder Security Ensure Effec;ve Incident Management Na;onal Terrorism Advisory System (NTAS) Communicates informa;on about terrorist threats by providing ;mely, detailed informa;on to the public, government, first responders, airports, and private sector Imminent Threat Alert Warns of a credible, specific, and impending terrorist threat against the United States Elevated Threat Alert Warns of a credible terrorist threat against the United States The 4 Failures Revealed by the 9/11 Commission Report Imagina;on Policy Capabili;es Management Title 18 U.S.C. 2339B Aimed at people who support terrorist organiza;ons; person knowingly supports the terrorist organiza;on Title 18 U.S.C. 2339A Aimed at people who support the things that terrorists do; person knowingly supports something a terrorist might do Social Networking Sites Sofware applica;ons that connect people and informa;on as well as market products, and services interac;vely
Geotagging Process of adding geographical iden;fica;on to photographs, videos, websites, and SMS texts Loca;on-based Social Networking Applica;ons that exist for the purpose of individual's inten;on to reveal their geographic loca;on Doxing Process to obtain and inten;onally release an individual's personally iden;fiable informa;on Terrorist ALack Cycle Project Ini;a;on Target Assessment and Selec;on In-Depth Surveillance Planning & Rehearsal Plan Verifica;on Execu;on and Exploita;on Project Ini;a;on Leadership ini;ates opera;on Possible targets discussed Intelligence cells ac;vated/sent to area Target Assessment & Selec;on Mul;ple targets assessed Evaluated for likelihood for success Conducted to discern target's daily paLerns and ac;vi;es Info will be used to determine ;me and place for actual aLack Target value assessed Target list refined
