Class  43  Objectives

·        Law Enforcement and the criminal Justice System

o       3 Major Components of the Criminal Justice System:

§         Law Enforcement

§         Judicial

§         Corrections

o       7 Goals of the Criminal Justice System:

§         Guarantee Due Process

§         Prevent Crime

§         Protect Life and Property

§         Uphold and Enforce Laws

§         Dispense Equal Justice

§         Apprehend Offenders

§         Assure Victim’s Rights

o       4 Goals of the Judicial Component:

§         Provide Due Process of Law

§         Render Fair Judgment

§         Dispatch Just Punishment

§         Assure Victim’s Rights

o       4 Primary Goals of Corrections:

§         Rehabilitation

§         Confinement

§         Supervision of Parolees / Probationers in the Community

§         Assure Victim’s Rights

o       Police Officer vs. Peace Officer:

§         Police Officer: Enforces all federal, state, and local laws, not including civil laws, and is limited to a geographical area of jurisdiction.

§         Peace Officer: Enforces laws specific to their sworn duties, which can include civil laws, and they can have statewide jurisdiction.

o       Jurisdictional Authorities of Police:

§         Federal Agencies – Entire U.S.

§         State Agencies – That State

§         County – County Boundaries

§         Municipal Agencies – City or Town

§         Police and Peace Officers can have concurrent Jurisdictions

o       3 Responsibilities and Tasks of a Police Officer:

§         Primary: Patrol, investigations, traffic enforcement, arrests, communications

§         Secondary: Specialized crime prevention and specialized units like SWAT and FACIT.

§         Administrative: Planning / research, personnel, training, budget, payroll.

o       8 Principals of Law Enforcement Agency Organization:

§         Clear cut responsibilities

§         Equal workloads

§         Clear lines of authority (Chain of Command)

§         Rank Structure (Allows assignment of work)

§         Reasonable span of control

§         Unity of command

§         Coordination of effort

§         Administrative control

o       Reasons for acting in Accordance with the Chain of Command:

§         Logical Flow of orders up and down rank structure

§         Unity of command – one person is in charge of a scene or activity

§         Subordinates act as directed and keep superior officers informed of info updates and changes in situations

§         Failure to adhere results in counseling charges and discipline

o       Reasons for having and following agencies policies and procedures:

§         Provides consistent direction to carry out responsibilities

§         Operations performed in a uniform manner

§         Officers can be held accountable for their own actions

o       Legal Jurisdiction and Authority of the Courts of New York State:

§         Inferior Courts:

·        Local Criminal Courts – Town, City, and State.

·        Limited trial power – violations and misdemeanors only.

·        Have preliminary jurisdiction over all offenses (arraignments)

§         Trial Courts of General Jurisdiction:

·        County, State, federal, Supreme

·        Broad Authority – hear civil and criminal cases and felonies

·        Supreme court hears serious felony cases

§         Court of Appeals Appellate Court:

·        Highest court in New York State

·        Hears criminal and civil appeals

·        Can overrule lower courts

·        Penal Law

o       Definitions and Culpable Mental States

§         Violation: an offense, other than traffic infraction, for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed.

§         Misdemeanor: an offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.

§         Felony: an offense for which a sentence to a term of imprisonment in excess of one year may be imposed.

§         Crime: a misdemeanor or a felony.

§         Possess: to have physical possession or otherwise to exercise dominion or control over tangible property.

§         Physical injury: impairment of physical condition or substantial pain.

§         Deadly physical force: physical force, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.

§         Deadly weapon: any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, or metal knuckles.

§         Intentionally: A person acts intentionally when his conscious objective is to cause such result or to engage in such conduct.

§         Recklessly: A person acts recklessly when he is aware of and consciously disregards a substantial and unjustifiable risk. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly.

§         Criminal negligence: A person acts with criminal negligence when he fails to perceive a substantial and unjustifiable risk. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

·        Search and Seizure

• What is the automobile exception to the search warrant requirement
• It permits the search of the interior compartment of a car, including closed containers, while the car is in a mobile context and when an officer has probable cause to believe that the vehicle contains drugs or a weapon.

• When is a consent search authorized?
• When you have a founded suspicion that criminal activity is afoot and the consent is voluntary.

• What is Aguilar – Spinelli?
• A 2 pronged test when basing a search warrant on informant information. You must demonstrate in your application to the court: 1) the informant’s history of reliability and 2) the informant’s firsthand bases of knowledge regarding the information in question.

• When is a search warrant required?
• When you have probable cause to believe that a person, place, or automobile contains evidence of a crime, contraband, or stolen property.

• DeBour
• A 4 level approach to police-citizen encounters:
• 1) Request for information
• 2) Common law right to inquiry
• 3) Forcible stop and detention
• 4) Probable cause and arrest

• Probable cause
• Probable cause and reasonable cause mean the same thing in New York State. CPL §70.10 (2) says reasonable cause to believe that a person has committed an offense exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it.

• Exclusionary Rule
• A rule of law applied by the courts to evidence that is illegally obtained by law enforcement. The effect is that the evidence is suppressed at trial.

·        Death Notification

o       Discuss contact of person to be notified.

§         Businesslike greeting – introduce self

§         Be strait forward

§         Make sure you are talking to the right person

§         Notify in person and in uniform

§         Get in the house and make the person comfortable

§         Ask if person wants others there

§         Offer condolences

§         Don’t leave person alone

o       What preparations should be made before making a death notification?

§         Gather all information: who, what, where why, when, and how.

§         Write the info down.

o       Why are police best for death notifications?

§         Availability

§         Background / training

§         Public service

§         Have available resources

§         May aid in investigation

§         Authority figures will be taken seriously

§         Know how to talk to / deal with people

o       5 Reactions of death notifications.

§         Anger

§         Hysteria

§         Calm

§         Denial

§         Happy / relieved

o       Why is it difficult to make death notifications?

§         Emotional reactions of the family

§         May feel it’s not your job

§         May be a reminder of personal tragedy

§         May not be prepared to answer questions

§         May not feel trained to handle that situation

§         It is stressful

§         Unpredictability of families reactions

·        Standards of Proof

o       Preponderance of the evidence

§         Any amount of evidence above 50% no matter how slight.

§         More evidence than not.

o       Standard of proof necessary to obtain a conviction at trial?

§         Beyond a reasonable doubt

o       What 2 factors determine reasonableness?

§         The nature or extent of the intrusion

§         The quality and quantity of info known and relied upon by police

o       5 Levels of proof

§         Mere suspicion

§         Reasonable suspicion

§         Probable / reasonable cause

§         Preponderance of the evidence

§         Beyond a reasonable doubt

·        Laws of Arrest

o       Purpose of an arrest warrant

§         To achieve a defendants appearance for arraignment on a criminal charge

o       Contraband

§         Items that are per se illegal

o       4 Sources that probable cause may come from

§         Officers personal observations

§         Other officers

§         Civilians

§         Accomplices or codefendants

o       4 sections of the CPL that govern laws of arrest

§         §120 - Warrants of arrest

§         §130 - The summons

§         §140 - Arrests without a warrant

§         §150 - Appearance ticket

o       What element must be present to make a lawful arrest?

§         Probable cause

·        Stop, Question, and Frisk

o       When is a stop authorized?

§         When an officer reasonably believes that another person is committing, has committed, or is about to commit a crime.

o       Frisk

§         Pat down outside the clothing in search of a weapon

·        Death and Injury

o       5 Methods of identifying a deceased person

§         Fingerprints

§         Dental charts

§         Photographs

§         ID on body or in vehicle / home

§         Acquaintances / relatives

o       Proper procedures for examining bodies for wounds and injuries

§         If obviously dead do not touch, otherwise:

§         Check for presumptive signs of death – vital signs, color, etc.

§         Once death is confirmed do not ouch

§         Await responding supervisor, investigator, ME

§         Don’t touch unless ordered to

o       4 Types of Death

§         Natural

§         Accidental

§         Suicide

§         Homicide

o       When is it necessary to summon / notify a supervisor of a death scene?

§         Every time – even natural deaths

o       8 Procedures for an officer investigating a felony or misdemeanor assault

§         Ascertain victims identity

§         Secure the crime scene

§         Secure the weapon / evidence if present

§         Interview victim if possible

§         Interview potential witnesses

§         Take written statements when / if necessary

§         Make an arrest if P.C. exists

§         Prepare all info for court presentation

·        Vehicle and Traffic Law

o       Moving violations

§         Traffic violations caused with the movement of a motor vehicle

§         Hazardous violations accumulate penalty points on your license

o       Administrative v. Enforcement Sections

§         Administrative – definitive article or section – explains requirement or conditions of the respective article or section

§         Enforcement – lists or states the appropriate violation if the motorist does not meet the requirements or conditions

o        V&T Definitions

§         Stop – complete cessation from movement

§         Traffic control devices – all signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic

§         Traffic control signal - any device, whether manually, electrically, or mechanically operated; by which traffic is alternately directed to stop and permitted to proceed

§         Shoulder – that improved portion of the highway contiguous with the roadway

§         Roadway – the portion of the highway improved, marked, designed, or ordinarily used for vehicular travel, exclusive of the shoulder and slope

§         Motor vehicle – every vehicle operated on a public highway propelled by any power other than muscular power, except a an electric mobility assistance device used by a disabled person, vehicles on rails or tracks, snowmobiles, or ATV’s

§         Highway – the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel

o       Sections and articles for:

§         Operator licensing – articles 19 section 509 and Article 20 section 511

§         Vehicle registration – article 14 sections 401 and 402; and article15 sections 410 and 411

§         Vehicle equipment and operation – article 9 sections 375 and 381; articles 23-31 sections 1100-1192; article 33 sections 1210-1229; and article 34-a sections 1250-1253

§         Insurance requirements - article 6 section319

§         Accident reporting – article 22 sections 600 and 601

·        Civil Liability

o       Importance of civil liability info

§         Will help protect the officer from financially devastating results of a successful lawsuit against him

§         Defending self can be psychologically and personally overwhelming

§         Defending self puts a wedge between employee and department that can never be resolved

o       3 Categories of tort liabilities

§         Negligence

§         Intentional – voluntary injury

§         Constitutional – duty to uphold constitutional rights is not upheld

o       Areas of liability under negligence

§         Failure to protect property in custody

§         Failure to render EMS

§         Failure to prevent a foreseeable crime

§         Failure to aid a private citizen

§         Lack of due regard for others safety

§         Negligence in care of persons in custody

o       Notice of claim

§         A legal document filed by an individual with a municipality advising the municipality and the person involved of an intent to bring a lawsuit against them for a legal tort.

o       Legal basis for a civil lawsuit

§         Title 42 of the United States Code §1983 says any government official who causes any right of a citizen to be deprived shall be liable to the injured party to seek in equity proper redress

o       Sources of scrutiny an officer is subject to for an allegation of wrongful conduct

§         Internal affairs

§         Local civil lawsuit

§         Local criminal lawsuit

§         Federal civil lawsuit

§         Federal criminal lawsuit

o       Who can be named in a lawsuit as a result of a single event

§         Officer

§         Sheriff or chief

§         Supervisor

§         Department

§         Municipality

o       The level of proof required in a civil case in order to be at fault

§         Preponderance of the evidence

o       Primary areas for liability of supervisors

§         Supervisor is present at the scene

§         Subordinate acts at the direction and command of the supervisor

§         Supervisor’s policy causes the violation

§         Failure to supervise

§         Negligent retention

§         Failure to train

§         Failure to supervise and control subordinates

§         Failure to make policy in high risk areas

o       Primary areas of liability for both officers and supervisors

§         False arrest and false imprisonment

§         Deadly physical force

§         Malicious prosecution and the 4^th or 14^th amendment’s liberty clause

§         Illegal searches

§         Excessive force

§         Confessions

§         Cruel and unusual punishment

§         Equal protection of the laws

§         Conspiracies

§         Right to privacy

o       Basic techniques used to avoid a lawsuit situation

§         Maintain perspective

§         Be willing to make a decision and stand by it

§         Carefully scrutinize the operation and recognize high risk areas; then act on those areas

§         Do the right thing to protect the public and your people