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Officer Safety Law

Officer Safety Law. Carl Milazzo Legal Division Federal Law Enforcement Training Center cmilazzo@fletc.treas.gov. No Handout. Presentation Available at: www.khodges.com/iacp. INTRODUCTION. Knowing the Law Enhances Your Tactical Training BECAUSE Ignorance Causes Hesitation.

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Officer Safety Law

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  1. Officer SafetyLaw Carl Milazzo Legal Division Federal Law Enforcement Training Center cmilazzo@fletc.treas.gov

  2. No Handout Presentation Available at: www.khodges.com/iacp

  3. INTRODUCTION Knowing the Law Enhances Your Tactical Training BECAUSE Ignorance Causes Hesitation

  4. “Officer Safety” Is Not a Reason… It Is a Conclusion

  5. Therefore – Facts Become More Important Than Law

  6. BRD C & C PC RS Conviction Admin Arrest Search Stop Frisk Standard of Proof OR OR Voluntary Encounters

  7. Training Theories • Integrated Training Legal AND Tactical • Practical Exercises Field Application Report Writing - Testimony

  8. Dangerous Encounters • People (Chimel) • Vehicles (Belton) • Premises (Buie)

  9. Defined: 1. Pat Down 2. Outer Clothing 3. Weapons Factors: type of crime know that suspect is armed or dangerous behavior of suspect prior history known to officer Investigative DetentionFrisk with Reasonable Suspicion

  10. Handcuffs Handcuffs = Safety Handcuffs Do Not Convert an Investigative Detention Into an Arrest

  11. “Seizure” under the Fourth Amendment “Not Free to Leave” does not mean “under arrest” or “in custody” Suspect “Seized” When He Submits to: Show of Authority Physical Force All Vehicle Stops are Seizures “Custody” under the Fifth Amendment Arrest or Functional Equivalent Handcuffed and locked in patrol car Telling the suspect he is under arrest Advise suspect he is not under arrest Asking Questions During an Investigative Detention

  12. Public Safety Exception Limited to Weapons Only Good Until Threat Ends

  13. Premises (Chimel) Justification Weapons Evidence Timing Vehicles (Belton) Any Occupant Any Crime Passenger Area NOT THE TRUNK Search Incident to CUSTODIAL Arrest

  14. Vehicle Stops 1. Order Driver Out(Mimms) 2. Order Passenger Out(Wilson) 3. Car Frisk (Long)

  15. DriversPennsylvania v. Mimms Officers May Automatically Order Drivers to Exit Lawfully Stopped Vehicles 1. Risk of Assault 2. Risk of Passing Traffic

  16. PassengersMaryland v. Wilson Officers May Automatically Remove Passengers From Lawfully Stopped Vehicle Court Cited Same Concerns, Noting Passengers May Increase Danger

  17. Car FriskMichigan v. Long 1. Passenger Compartment 2. Weapons 3. Reasonable Suspicion Automatic For Every Vehicle Stop NOT

  18. Car Frisk Frisk Instead of Search…So: • Reasonable Suspicion, NOT PC • Look for Weapons, NOT Evidence • Where Weapons May be Hidden (no pill bottles or film containers) NOT The Trunk!

  19. Conclusion • Common Theme: Weapons and Reasonable Suspicion • Lower Standard Needed for Self-Protection, BUT • Obligation to Identify Facts to Justify Conduct

  20. No Handout Presentation Available at: www.khodges.com/iacp

  21. Randy MeansThomas and Means (702) 450-3705 (NV) (704) 948-5608 x13 (NC) rbmeans@aol.com

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