AJ 53 – Police Field Operations

1. AJ 53 –Police Field Operations Chapter 12 – Arrest, Search, Custody, And Use of Force

2. Police Powers of Arrest • Why is a Peace Officer’s authority to arrest such a powerful responsibility? • It means taking away a person’s liberty! • Officers must understand/appreciate this responsibility • What determines an arrest? • Constitutional Protections • Criminal Laws • Laws of Arrest • Department Policy • Officer Discretion

3. Criminal Behavior • Crime requires union of… • Criminal Act (or Omission), and • Intent (or Negligence) • Types of Arrests… • Warrant • Arrest order signed by Magistrate • Specific person, charges, etc. • Without Warrant • Other circumstances allowing lawful arrest

4. Warrantless Arrests by Peace Officers (836 PC) • Reasonable Cause that a crime (misdemeanor or felony) was committed in officer’s presence • Perceived by any of the senses • Felony committed, not in officer’s presence • Elements of crimes, corpusdelicti, etc. • Reasonable Cause to believe that a felony was committed, whether or not the felony actually occurred • Based on reasonable observation/interpretation

5. Arrest Considerations • Knock and Notice • Requirement to announce and identify unless exigent circumstances dictate otherwise • Notification of Arrest to Arrestee • Authority, charges, etc. (841 PC) • Diplomatic Immunity • Ambassadors and families immune from arrest • Right to contact consular official • Entrapment • Idea of criminal activity implanted by police

6. Levels of Police Interaction • Consensual Contact • Person free to leave, does not have to cooperate or answer questions • No force/coercion/restraint may be used • Detention • Person not free to leave based on Reasonable Suspicion • Pat-down for weapons may be justified • Arrest • Actual restraint of the person or submission to custody

7. Using Force to Arrest • Persuasion whenever possible, Force if necessary! • How much force may an officer use? • Only what is reasonable and necessary • Once compliance/control achieved, force no longer needed or justified • Officers must exercise control of… • Self – Suspect – Situation

8. Related Penal Code Sections • 834a PC • Citizen’s duty to refrain from resisting arrest • 835 PC • Officer may use reasonable restraint to arrest • 835a PC • Officer may use reasonable force to • Effect arrest • Prevent escape • Overcome resistance • “Reasonable” should be defined from the perspective of the individual officer at that particular moment in time!

9. Officer Use of Lethal Force 196 PC – Justifiable Homicide by PO • In obedience to court judgment • Death-penalty executions • To overcome actual resistance • Only if deadly force being used • To retake into custody an escaped/fleeing felon • Only if escape creates imminent deadly threat

10. Use-of-Force Considerations • Equal in Proportion • Force used must be in equal proportion to force being used against you • Appropriate choice of available use-of-force options • Fear • Not the same as cowardice! • What were you “afraid of” that caused you to use force? • Important to include in reports/documentation

11. Use-of-Force (continued) • Imminence • Threat requires an immediate response • If threat increases, decreases, or disappears, use-of-force response changes accordingly • Reasonable-Person Test • From viewpoint of officer using force • From viewpoint of person witnessing event

12. Use-of-Force Continuum • Guided by Laws & Department Policy • Various models • Ladder, elevator, spokes of a wheel • Common elements… • Command Presence, Verbal Commands • Hands-On, Control Holds, Takedowns • Intermediate Force • Lethal Force

13. Use-of-Force Options • Command Presence • Academy & On-the-Job-Training • Weaponless Defense • Arrest & Control, FBI, Koga, Cameron • Martial Arts training? • Less-Lethal • OC, Baton, Taser, Bean Bag, Pepperball • Lethal Force • Handgun, Shotgun, Patrol Rifle, etc.

14. Use of Firearms • Potentially taking a human life is an awesome responsibility! • Safety is absolutely important at all times • Common Elements of “Shooting Policies” • Minimum Training & Qualification Standards • Drawing, Firing, etc. • Warning Shots, Vehicles, Animals, etc. • Reporting & Documentation Requirements • Follow-up Investigation Procedures

15. Types of Searches • Frisk or Pat-Down • Cursory search of outer clothing for weapons only, during lawful Detention • Field/Arrest Search • Thorough search for weapons, contraband, means of escape • Strip Search/Body-Cavity Search • At the jail during Booking

16. Searching Techniques • Maintain position of advantage • Keep subject off-balance • Maintain control over subject at all times • Verbal and physical • Handcuffs if necessary • Systematic and Thorough! • Top-down, waistband first, quadrants • Three possible positions • Standing • Kneeling • Prone • Issues when searching Females? Juveniles?

17. Handcuffing Techniques • When and how? • Governed by Training & Department Policy • Behind the back! • Become proficient in variety of handcuffing techniques from various positions • Standing, kneeling, prone • Maintain control over subject • Speed-Cuffing • Apply handcuffs as quickly & smoothly as possible • Double-lock as soon as practicable

18. Transporting Prisoners • Thoroughly search vehicle at beginning of every patrol shift • Search back seat area after every prisoner transportation • Use seatbelts, restraints per Policy • You are ultimately responsible for prisoner’s health, safety, and well-being!

19. Vehicle Searches • Consent • Given freely without coercion • Plain View • Items found in plain view can be seized • Probable Cause • Based on observations, investigation, etc. • Incidental to Arrest • Limited access without a warrant • Inventory Searches • Towed & stored, recovered stolen etc.

20. Searches of Premises • Obtain Warrant whenever possible! • Warrant Exceptions… • Consent • Plain View • Fresh Pursuit • Exigent Circumstances • Destruction of Evidence • Chimel vs. CA • May search arrestee and immediate area for… • Instrumentalities/fruits/evidence of the crime • Contraband • Weapons that may be used for assault/escape