Factors Influencing Law Enforcement Intervention and Procedural Justice - Prof. Tate, Exams of Nursing

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Student Performance Objective (SPO): 1- 1 ANS A. Explains the relationship between a Student Performance Objective and a test question B. Explains the ultimate reason for law enforcement training The Ultimate Reason for Law Enforcement Training 1- 1 ANS A. To be able to protect life and property of yourself and the public. A Peace Officers Main Goals 1- 2 ANS A. Enforce laws B. Preserve peace C. Prevent Crimes D. Protect Civil Rights and liberties E. provide Services Considerations when exercising discretion ANS A. Use sound judgement to determine which laws are to be formally enforced. B. Determine if there is a more constructive remedy to a situation without an arrest or citation. Prevention Patrol: Deter crime Interrupt a crime in progress Position the officers to respond to emergency situations Increase of feeling of security to citizens. Incident Response: Officers respond to minor situations Typical dispositions include: Gathering information Directing parties to community resources Restore order Complete reports Emergency Response: Takes precedence over all other calls Less common than routine incident calls Includes incidents. Criminal Investigation:

Process of discovering, collecting, preparing, identifying and presenting evidence to determine what happened and who is responsible. Investigations carried out by detectives Responding officer secures and protects the scene Detective should be able to pick up where the responding officer left off. Factors Necessary for the commission of a Crime ANS A. Desire (Most difficult to change) The motivation behind the criminal behavior. B. Victim the potential target criminals prefer an easy target that is unaware of his/her surroundings or lacking proper security precautions. C. Opportunity (easiest to change) Removing opportunity for crime with proper security measures applied to the victim's environment D.O.V. Crime Prevention is About: A. Attitude B. Modifying Behavior 4 "D's" of Crime Prevention: Deny Delay Detect Deter Core Concept of Community Policing ANS A. A partnership between the police and the community B. Crime prevention C. Organizational change of the agency D. A problem solving approach to the police role that is proactive "SARA" Model: A. Scanning B. Analysis C. Response D. Assessment

Considerations for Off Duty Situations ANS A. Behavior, a. An officer's behavior is often scrutinized by the community even when not on duty b, not only does this refer to physical and verbal actions, but also online activity on social media. c. An officer is expected to uphold the law enforcement code of ethics. B. Situational Awareness, a. An officer should make every effort to remain alert even when not working. b. You never know when you may need to transition quickly from private citizen to a peace officer. c. Make certain to pre-plan with your family should a situation arise while together. d. Create a number of scenarios for your family to practice. e. Familiarize yourself with your agency's off duty weapon policy. C. Be a good witness, a. If a situation arises when police intervention is necessary. Purpose of the Bill Of Rights ANS A. To protect an individual's freedoms B. To prevent the government from interfering in protected rights Major Components of Criminal Justice System ANS A. Law Enforcement (e.g. Police Officer, Deputy Sheriff) a. Keep the peace b. Apprehend violators c. Prevent crime d. Provide social services B. Courts a. Hold fair and impartial trials b. Determine guilt or innocence. c. Impose sentences on the guilty. d. Key personnel include judges, prosecutors, and defense attorneys. C. Corrections - Responsible for supervising offenders a. Prisons/County jails. b. Parole. c. Probation d. Halfway houses e. Work release programs. Goals of Sentencing ANS A. To punish the offender and in many cases, rehabilitate the offender. B. Protect society. C. Restore the victim as much as possible. The concept of lawful actions and police legitimacy ANS A. Lawful: Defined by laws and standards B. Criminal Law: Identify what actions are prohibited C. Rules of agency (Administrative rules, general orders, standard operating procedures) D. Constitutional law (4th, 5th and 6th)

E. Police Legitimacy: Exists when the public views the Police as authorized to exercise power in order to maintain social order, manage conflicts and solve problems in the community F. Officers can act lawfully and in the parameters of agency policy and the citizenry still not perceive there to be Police legitimacy - There can be lawful, but awful interactions. 3 Resulting Judgments of Police Legitimacy in Action that Translate into Positive ANS A. Judgement 1 a. Public trust and confidence in the Police as being honest, trying to do the job well, trying to protect the community. b. Result - Individuals are more likely to become actively involved in Police community partnerships. B. Judgement 2 a. Public willingness to defer to the law and Police authority. b. Result - There is a correlation between those who obey the laws and those who view the police as legitimate; In addition to those who see the Police as legitimate have an increased willingness to cooperate by reporting crimes and providing valuable information known and suspected offenders. C. Judgement 3 a. Public belief that Police actions are morally justified and appropriate. b. Result - Citizens are more likely to cooperate and defer in moments of crisis. Circumstances when Filming the Police is Permissible ANS A. At least one party to the encounter consents OR B. When officers are carrying out the the duties in public, so long as it does not interfere with the officers carrying out their duties. The Relationship between Race, Genetics and Physical Characteristics. ANS A. Race is a modern concept used to classify people by similar observable physical characteristics. B. It is not, as many people think, based on genetics. C. Despite surface appearance, humans are one of the most genetically similar of all species. D. Within the human species, there is no distinct genetic profile that completely distinguishes one so- called race from another. E. This is because most genetically influenced traits like hair, skin, eye shape, blood type, athleticism and intelligence are inherited completely independent from one another.

The connection between between In-groups, Out and police legitimacy. ANS A. Some individuals interpret their encounters by Police in terms of their groups social position rather than, or in addition to, the immediate circumstances of the Police contact. Types of Racism ANS A. Individual Racism, a. Internalized unexpressed biases and prejudices based on race. B. Interpersonal Racism a. Occurs between individuals. b. Includes public expression of racial prejudice and hate made by individual's. C. Institutional Racism, a. Race based, discriminatory policies and treatment that are produced and perpetuated by institutions (Schools, media, government, banks) that result in equitable opportunities and impacts b. Occurs within and between institutions c. Includes the discriminatory actions of individuals exercising the authority of the institution (e.g. A bank loan officer representing an institution, treating someone with racial bias; A law enforcement institution treating someone with racial bias). D. Structural Racism a. Refers to the collective way history, culture and institutions reinforce and perpetuate racialized outcomes, even in the absence of racial intent. b. It is broadly encompassing; It touches on all aspects of society (e.g. history, politics, economics) and is the foundation from which the other types of racism emerge. c. Indicators include power inequalities, unequal access to opportunities and differing outcomes by race, whether or not intentional. Components of Biases ANS A. Stereotypes a. Generalization about the perceived "typical" characteristics of a social category. b. We categorize people by age, gender, race and role. c. Stereotypes do not necessarily have to have a negative connotation, as social scientists point out that it is just a way for your brain to quickly sort people into recognizable groups. B. Prejudices a. An often negative prejudgment based on characteristics such as race, age, etc that is not necessarily reasonable or logical. C. Attitude

a. Positive or negative feelings associated with individuals or groups: the tendency to like or dislike, or to act favorably or unfavorably toward someone or something. Biased Based Profiling and Criminal Profiling ANS A. Bias Based Profiling, racial profiling and illegal profiling have the same meaning and are used interchangeably B. Bias Based Profiling a. Is unequal treatment by a law enforcement officer or any person by stopping, questioning, searching, detaining or arresting him/her on the basis of the person's ethical or racial characteristics, gender, religion or sexual orientation C. Criminal Profiling a. Based on observed behaviors or characteristics D. Biased Based Profiling a. The factors of race/ethnicity bias towards that race are initiating factors for law enforcement intervention Two types of bias ANS A. Explicit bias and Implicit bias - common characteristics a. Everyone possess them b. They have real world effects on behavior c. They can relate for example to race, religion, gender, sexuality, disability, height, weight or age B. Explicit Bias Conscious preference (positive or negative) for a social category C. Implicit Bias Preference (positive or negative) for a social category based on stereotypes or attitudes that we hold and tend to develop early in life and that operate outside of our awareness D. Implicit biases are related to explicit biases, but are still distinct concepts. a. While the two types of biases may reinforce each other, implicit biases can be disassociated from explicit biases - our implicit biases do not necessarily align with our explicit biases. b. Implicit Biases are largely hidden from us, but their effects are pervasive and powerful, and understanding implicit biases is important because they have the potential to impact your interactions and efforts to effectively use procedural justice tactics to promote Police legitimacy. Two Modes of Thinking ANS System 1 (Automatic thinking) System 2 (deliberate thinking) A. Practical Purpose a. Simplifies tasks (e.g. driving, tying shoes) which most can do without having to systematically and deliberately think about each step

B. Protection Mechanism a. We evaluate everything we see and everyone we meet with 200 milliseconds to determine if something is threatening or not. Strategies to counter Implicit Biases ANS A. Guarding against its influences in decision making a. Recognize that everyone has biases and think critically about your own potential biases b. Seek greater awareness and more education to increase motivation to be fair c. Know when you are susceptible c1.Conditions: c2. Ambiguous or incomplete information c3. Time constraints c3a. Comprised cognitive control High cognitive overload (processing many thoughts at one time) c3b. Fatigue (tired) B. Result a. When the previous factors are present which they often are in the law enforcement profession, we are more apt to switch to system 1 thinking C. Response a. Engage deliberative processing; slow down your thinking. D. Overcome biases a. Reorganize your stereotypes and reflecting on why the response occurred and creates a process to consider how to avoid the biased response and replace it with an unbiased one Counter Stereotypic Imaging Develop new associations by looking at positive examples that challenge negative associations Obtain specific information about others by intentionally engaging in a meaningful way with others who are different from you, rather than relying on stereotypical references Be empathetic Effort Required Intention, attention and time are needed to build new associations well enough for them to compete with a person implicit biases. Two Pronged Approach to Procedural Justice. ANS A. Person Based Approach Emphasizing the importance of face to face interactions between an officer and a citizen B. Community Based Model Ultimate goal is to achieve Police legitimacy throughout the entire society

The Community Bank Account Concept as it relates to Procedural Justice ANS A. Every encounter is an ethical deposit or withdrawal (an opportunity increase or decrease of public perception of Police legitimacy) B. Deposits Police must build up reserves of public trust through actions that reflect courtesy, kindness and honesty. C. Withdrawals a. Occur from the community bank account when Police actions reflect overreaction, discourteousness, or disrespectful behavior or when the Police ignore people or betray their trust. i. If a large reserve of trust is not sustained by continual deposits, the community Police relationship will deteriorate. ii. Significant decrease in public approval of the Police after major publicized incidents of misconduct iii. Studies show that even simple, brief encounters can be used to build Police legitimacy when 1. Processes are explained 2. Words are used that communicate respect. D. For a person holding negative attitudes toward the Police, a single positive encounter may not be sufficient to shake pre-existing views, but a sustained exposure to positive interactions can start to reshape them. The Four Core Principles/ Pillars of Procedural Justice ANS A. Giving others a voice (i.e. listening) B. Neutrality in decision making C. Respectful treatment D. Trustworthiness A. Voice a. People want an opportunity to explain their situation or tell their side of the story to the officer. b. In practice i. The opportunity for the citizen to make arguments and preserve evidence should occur before you make a decision about how you are going to resolve the conflict.

1. Active listening during this phase makes people feel that they are part of the process and have input, even if it does not impact your decision. B. Neutrality a. concept i. People react positively to evidence that the authorities with whom they are dealing are neutral. 1.Components a. Consistency in decision making for all persons every time

b. Decisions are reasoned, objective and factually driven c. Respect for the rules and legal principles d. Transparency and openness about the rules and procedures used to make the decisions facilitates perception of neutrality.

2. In practice a. First secure the situation; Then explain your reason for being there i. When Providing the explanation:
3. Tell the truth 2. Use simple language
4. Be complete in our explanation ii. Check your decision making for effects of implicit biases iii. Right wrongs (when you're wrong, admit it, apologize for it, and work to correct it) do not let pride get in the way of doing the right thing. C. Respectful Treatment. a. Respect is an active process of non-judgmentally engaging people from all backgrounds. b. It is different than tolerance, which is neither positive or negative and requires minimal effort. c. It is practiced to increase our awareness and effectiveness i. Concept
5. People are sensitive to whether they're treated with dignity and politeness and whether their rights are being respected; They will react very negativel Generally Accepted Ethical Responsibilities of Peace Officers ANS A. Are found in professional codes of ethics and professional codes of conduct B. Are owed to: a. Your community and its citizens b. The law enforcement profession c. Your agency d. Your family e. Yourself C. Includes acting with integrity and treating everyone professionally External and Internal Influences on Behavior. ANS A. External Influences: a. Relationships with friends and family b. Local citizens c. Local media d. Department regulations e. Interdepartmental politics

f. Police subculture B. Internal influences a. Officers own ethical and moral beliefs and values b. Anger c. Greed d. Lust e. Internal rationalizations made prior to or after misconduct. Continuum of Compromise ANS A. Transformation from idealistic ethical officer to a self- serving, unethical officer is typically a subtle process. a. Process i. Begins with a perceived sense of victimization. ii. Victimization can lead to a sense of entitlement. iii. Entitlement ncan lead to acts of omissions on the job, and progress to acts of commission, including criminal. Steps in the Decision Making Model and the application of PLUS Filters. ANS Step 1 a. Define the problem, being aware that how you define the problem determines where and how you will look for solutions. STEP 2 a. Identify alternative solutions available to address the problem - At a minimum 3, and ideally more than 5. Step 3 a. Evaluate the identified alternatives list the pros and cons of each; Differentiate between known facts and personal beliefs of the situation.

4. Make the decision.
5. Implement the decision. Evaluate the decision. PLUS filters defined ANS a. P=Policies: Is it consistent with my agencies policies and procedures b. L=Legal: Is the action lawful c. U=Universal: Does it conform to the universal principles and values of my agency

d. S=Self: Does it align with my beliefs of what is right, good and fair. B. PLUS filters should be applied at each of the following steps of the decision making model: STEP 1 (i.e. define the problem) Does the existing situation violate any PLUS considerations STEP 3 (i.e. evaluate alternative solutions) Do the alternatives resolve or create any PLUS considerations, and if so, are the ethical tradeoffs acceptable STEP 6 (i.e. evaluate the decision) Does the solution resolve all PLUS considerations, or were unintended or unforeseen PLUS considerations created Uses of Field Notes ANS A. Preservation of knowledge, and written form B. Foundation of the formal, written C. Aids in further investigation D. Evidence in court E. Documentation of the officers effort in the field Types of Information to be recorded in Field Notes ANS A. Complete information on victims, witnesses and suspects involved B. Relevant dates and times C. Location of occurrence D. Types of places where offense or incident took place E. Details of offense or incident being reported F. Disposition of evidence, property and suspects G. Corresponding report number Guidelines to be followed when taking Field Notes ANS A. Head notebook page with the date and time of shift B. Do not place information from one incident on the same page with information from another incident C. Write or print notes neatly so you can read and understand your notes later D. Record all information in ink E. Let witness and victims talk through the event before you start recording notes F. Ask clarifying follow up questions

G. Be complete as possible H. Consider the use of electronic device or template I. Do not record personal information in your notebook Essential Questions Answered in a Report ANS A. Who B. What C. When D. How E. Where F. Why Requirements of a well Written Report ANS A. Complete B. Factual C. Accurate D. Objective E. Concise F. Clear G. Grammatically and mechanically correct General Elements of a Crime ANS A. A prohibited act ("Actus Reus") and.... B.A specific mental intent ("Mens Rea") that.... C. Occur at the same time ("Concurrence") and.... D. Bring about a particular result made by the statute ("Causation") Culpable Mental State (4) ANS A. Purposely A person acts a. Purposely when it is the person's specific intention to cause a result or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish, thereby it is the offenders specific intention to engage in conduct of that nature B. Knowingly

a. A person acts Knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature (did the act without the intent) C. Recklessly a. A person acts Recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to be of a certain nature D. Negligently a. A person acts Negligently when, because of a substantial lapse of due care, the person first to perceive or avoid a risk that a person's conduct may cause a certain result or may be of a certain nature. Attempt to commit an Offense ANS A. It is a crime to.... a. Purposely or knowingly, when such a purpose or knowledge is sufficient culpability for the commission of an offense, to.... b. Engage in conduct that, if successful, would constitute or result in the offense Aggravated Murder R.C. 2903.01(A) ANS No person shall...PURPOSELY... Cause the death of another or the unlawful termination of another pregnancy... With prior calculation and design. Aggravated Murder R.C. 2903.01 (B) ANS No person shall...Cause the death of another or the unlawful termination of another's pregnancy While committing or attempting to commit, or while fleeing immediately after committing or attempting to commit one of the following violent felonies (): Burglary - Burglary or aggravated burglary Arson - Arson or aggravated arson Rape Robbery - Robbery or aggravated robbery Kidnapping Escape Trespass in a habitation when a person is present or likely to be present Terrorism (Remember as "BARRKETT")

Aggravated Murder R.C. 2903.01 (C) ANS No person shall... PURPOSELY.... Cause the death of another who is under thirteen years of age at the time of the commission of the offense Aggravated Murder R.C. 2903.01 (D) ANS No person [who is under detention as a result of a felony conviction or who breaks that detention] shall... PURPOSELY Cause the death of another (See above) Aggravated Murder 2903.01 (E) ANS No person shall... PURPOSELY.... Cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a LE officer When... · Victim was engaged in LE duties OR · Specific purpose was to kill a LE officer Murder 2903.02 (A) ANS No person shall... KNOWINGLY... Cause the death of another or the unlawful termination of another's pregnancy When... · Under the influence of sudden passion or sudden fit of rage ... · Brought on by the serious provocation by the victim ... · Reasonably sufficient to incite the person into using deadly force Voluntary Manslaughter R.C. 209.03 (A) ANS No person shall... KNOWINGLY... Cause the death of another or the unlawful termination of another's pregnancy When... · Under the influence of sudden passion or sudden fit of rage ...

· Brought on by the serious provocation by the victim ... · Reasonably sufficient to incite the person into using deadly force Murder R.C. 2903.02 (A) ANS No person shall... PURPOSELY... Cause the death of another or the unlawful termination of another's pregnancy Voluntary Manslaughter R.C. 2903.03 (B) ANS No person shall... KNOWINGLY... Cause the death of another or the unlawful termination of another's pregnancy When... · Under the influence of sudden passion or sudden fit of rage ... · Brought on by the serious provocation by the victim ... · Reasonably sufficient to incite the person into using deadly force And · Done with sexual motivation Involuntary Manslaughter R.C. 2903.04 (A) ANS No person shall... (Intent satisfied if state proves intent to commit underlying felony) Cause the death of another or the unlawful termination of another's pregnancy As a proximate result of committing or attempting to commit a felony. Involuntary Manslaughter R.C. 2903.04 (B) ANS No person shall... (Intent satisfied if state proves intent to commit underlying misdemeanor or minor misdemeanor) Cause the death of another or the unlawful termination of another's pregnancy As a proximate result of committing or attempting to commit a misdemeanor of any degree, regulatory offense, or a minor misdemeanor (not traffic MM)

Objective Evidence that the Crime was Motivated by Hate or Bias: ANS 1. The offender and victim were of a different race, religion, disability, sexual orientation, ethnicity, gender, and/or gender identity

2. Bias-related oral comments, written statements or gestures were made by the offender indicating his/her bias
3. The presence of visible symbols of hatred and/or bias
4. The victim is a member of a spiritual group that is overwhelmingly outnumbered by other residents in the neighborhood where the victim lives, and the incident took place
5. The victim was visiting a neighborhood where previous hate crimes had been committed and where tensions remained high against the victim's group
6. Several incidents occurred in the same locality, at or about the same time, and involved victims of similar demographics (e.g., race, gender identity)
7. A substantial portion of the community where the crime occurred perceived that the incident was motivated by race
8. The victim was engaged in activities related to his or her race, religion, disability, sexual orientation, ethnicity, gender, or gender identity at the time of the offense; Or, if not a member of that group, was a member of an advocacy group supporting the target group
9. The incident coincided with a holiday or date of significance relating to a group (e.g., MLK day, Rosh Hashanah, Ramadan)
10. The offender was previously involved in a hate crime or is a hate group member
11. A hate group claimed responsibility for the crime or is active in the neighborhood List the Elements of the Following Selected Offenses of R.C. Chapter 4301: ANS 1. See corresponding worksheets in binder List the Elements of R.C.4507.30 - Prohibitions: ANS Deadly Weapon ANS 1. Any instrument, device, or thing capable of inflicting death, and designed or specifically adapted for use as a weapon, or possessed, carried, or used as a weapon a. Two elements must co-exist to constitute a deadly weapon i. It must be an instrument, device, or thing by which there is an inherent possibility that in can cause death, AND ii. It must be designed or adapted for use as a weapon or be possessed, carried, or used as a weapon

iii. Both elements are essential b. "B-B"/airsoft gun may be a deadly weapon if capable of inflicting death, as a bludgeon, or perhaps used in some other manner. This capability, however, is a factual issue to be determined by the trier of fact (i.e., judge or jury)

2. An item is not generally thought of as being a weapon may satisfy the definition of deadly weapon if it is of sufficient size and weight and of such shape and design to inflict death upon a person and either designed for use as a weapon or possessed, carried, or used as a weapon Firearm ANS 1. Any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant
3. Includes an unloaded firearm and any firearm that is inoperable but can be readily rendered operable
4. Before a defendant can be convicted of a firearm offense, evidence must be presented regarding the operability of the firearm at the time the offense was committed Handgun ANS 1. Any firearm that has a short stock and is designed to be held and fired by the use of a single hand, or any combination of parts from which a handgun can be assembled. semi-automatic Firearm ANS 1. Any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger Sawed-off Firearm ANS 1. A shotgun with a barrel less than 18 inches long, or a rifle with a barrel less than 16 inches long, or a shotgun or rifle less than 26 inches long overall Dangerous Ordnance ANS 1. Any automatic or sawed-off firearm, zip-gun, or ballistic knife
5. Any explosive device or incendiary device
6. Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives, dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents, and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions
7. Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon

5. Any firearm muffler or suppressor
6. Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance R.C. 2923.1211 ANS 1. Open Carry - Ohio's concealed carry laws do not regulate "open" carry of firearms; the open carry of firearms is legal in Ohio
7. Falsification of Concealed Handgun License - Possessing a Revoked or Suspended Concealed Handgun License The Purpose of the 4th Amendment to the United States Constitution: ANS To guarantee rights relating to arrests, searches and seizures of persons Personal Notes Reasonable Expectations of Privacy (REP) CATS v Massachusetts (Gambler, Handicap basketball games, take bets, etc.; Between Boston Mass and Miami Florida; Case: FBI "bugged" payphone outside of house and obtained information without a warrant to do so, was a gov't intrusion on REP) Jones v DC Metro PD (Drug trafficker; Maryland; Officers placed GPS tracker on car without an active warrant, warrant was obtained but waited too long to execute (stale warrant), officers were accused of trespassing) The Relationship Between Degrees of Suspicion and the Responses Allowed by the Constitution: ANS Personal Notes: A. Limited Seizure - Briefly detained for an investigation B. Full Seizure - Arrest C. 3 types of law enforcement interactions with citizens: a. Consensual b. Detain c. Arrest D. Probable Cause b. A reasonably prudent person would believe the person to be arrested and the place of crime or that place to be searched contains evidence of a crime b. Totality of circumstances used to determine if Probable Cause existed or not

E. 2 types of probable cause Observable Probable Cause Informational Probable Cause. Terry v Ohio 1963, October 31 (Halloween); Officer McFadden of the Cleveland PD observed a group of 3 men "casing a place" by making 12 separate passes and looking into the window of a store. As the men were approaching the store in what appeared to be an attempted robbery, Officer McFadden stopped them and "frisked" Terry to which he discovered a concealed handgun. At that time, Officer McFadden arrested Mr. Terry for illegally carrying a concealed weapon. During court proceedings, Terry's attorney filed for a motion to suppress the evidence under the exclusionary rule, but the motion was denied. The case went up to the United States Supreme Court where On June 10, 1968, the Supreme Court issued an 8-1 decision against Terry that upheld the constitutionality of the "stop-and-frisk" procedure as long as the police officer performing it has a "reasonable suspicion" that the targeted person is acting suspiciously and may be "armed and presently dangerous.'' A Person is Seized when... ANS A. In view of all the circumstances surrounding the incident, A reasonable person would believe that the person was not free to leave B. The United States Supreme Court (USSC) listed examples of circumstances that might indicate a seizure, even when the person did not attempt to leave the area a. The threatening presence of several Police Officers b. The display of weapons by Police Officer(s) c. Some physical touching of the person d. Restricting the subjects freedom of movement e. The use of language or tone of voice that indicates that compliance with the officer's request might be compelled f. Manner of questioning When can an Officer use their Rational from Terry to Detain a Person: ANS An officer may detain an individual based on the officer's reasonable articulable suspicion that criminal activity was being planned or in the process of being executed Under Terry, A Lawful Investigatory Stop Requires that an Officer....: ANS A. Have reasonable articulable suspicion to initiate the stop a. The officer must be able to articulate the reasons for his/her belief that criminal activity was "afoot" - i.e. the officer must reasonably suspect that.... i. A crime is about to be committed OR.... ii. A crime is being committed

B. Officers should consider the totality of the circumstances. While none of the circumstances standing alone may justify a Terry stop, when considered together, they may amount to reasonable suspicion C. An officer may give weight to his/her experience, and to the reasonable inference that he/she is entitled to draw from the circumstances, and facts in light of that experience Personal Notes 3 Categories of Informants a. Citizens b. Confidential/reliable informants c. Anonymous informants ORC 2921.29 - a. Failure to Disclose Failure to provide an I.D. to a law enforcement officer (Name, Address, DOB) Considerations Officers should be Mindful of when Making a Terry Stop: ANS A. Use the least intrusive means of detention and investigation reasonably available that will achieve the goal B. Conduct the business of the stop as quickly as possible as to not prolong the period of involuntary detention C. If during that detention, additional facts are uncovered that supply the officer with probable cause to arrest, the individual may be arrested D. If grounds for an arrest are not discovered in a reasonable amount of time, the detainee must be released or the encounter risks becoming a "De Facto" arrest The Requirements which must be Established before a Terry Pat Down/Frisk: ANS A. Officers are required to articulate a reasonable belief that the suspect is armed AND the suspect poses a threat to them B. Limited to the outer clothing only Plain Feel Doctrine ANS A. While an officer may not search for objects other than weapons on a Terry stop, if an officer physically feels an object that the officer immediately recognizes as contraband, the object may be seized even if the officers know it is not a weapon B. This only applies when the identity of the object is immediately apparent to the officer from its shape and the way it feels

C. When the incriminating nature of the object is immediately apparent, seizing it does not invade the subjects privacy beyond what is allowed in a Terry frisk Personal Notes: 4 Elements to an Arrest The intent to arrest The authority to arrest Seizure and/or detention Understanding: Does the person understand why they are being arrested? The Evidentiary Standard on which to Base an Arrest: ANS A. An arrest must be based on Probable cause a. Teacher Diagram i. Proof>Probable Cause

1. Articulable Facts=Reasonable Prudent Person Believes a. A Crime has occurred b. Someone about to be arrested for that crime The Elements of Probable Cause to Arrest are Satisfied When: ANS A. The officer is aware of articulable facts and circumstances sufficient to warrant a reasonable person to believe that a crime has been committed, and the person is about to be arrested, committed that unlawful act Personal Notes Affidavit - A written statement confirmed by oath or affirmation, for use as evidence in court. Needed for a Warrant A. Nature of offense (objective and factual) B. Description (physical) C. ORC # and definition D. Copy of complaint (Affidavit) E. Persons information/descriptors F. Date and Time Only 48 hours to charge someone

Sources of Information to Establish Probable Cause to Make a Warrantless Arrest: ANS A. Personal observations B. Informant's tips C. Reports from other officers or law enforcement agencies D. Leads furnished by the victim or witness of the crime E. Physical evidence found at the scene F. Past criminal record of suspect G. Statements made by a suspect In the Absence of Consent or Exigent Circumstances, Before Entering a Private Residence to make an Arrest, Officers Must....: ANS A. Personal observations B. Informant's tips C. Reports from other officers or law enforcement agencies D. Leads furnished by the victim or witness of the crime E. Physical evidence found at the scene F. Past criminal record of suspect G. Statements made by a suspect In the Absence of Consent or Exigent Circumstances, Before Entering a Private Residence to make an Arrest, Officers Must....: ANS A. Secure the appropriate warrant or warrants, including: Arrest warrant(s), and.... If making an arrest in the home of a third party, A search warrant to secure the premises for the person to be arrested B. Reasonably believe that the person to be arrested is present at the correct address listed on the warrant and C. Knock and announce their presence To Justify a Warrantless, Non-Consensual Entry into a Private Residence in order to make an Arrest...: ANS A. Exigent circumstances must exist which demand an immediate response B. Considerations and examples of exigent circumstances a. The time of day of the offense and/or arrest b. The gravity of the underlying offense thought to be in progress (i.e. crime must be serious)

c. There is a risk of danger to the police or to other persons inside or outside the dwelling (e.g. the subject is armed) d. The need to prevent a subjects escape e. The need to prevent the imminent destruction of evidence f. "Hot Pursuit" of subjects Hot/Fresh Pursuit ANS The pursuit, without unreasonable interruption of a person who is trying to avoid arrest The Basis to Legally Seize Evidence ANS A. Must be based on probable cause B. Probable cause to seize exists if a reasonably prudent person would conclude that the object in question is associated with criminal activity Types of Searches ANS A. Full Searches a. Conducted to gather criminal evidence b. Must be based on probable cause c. Requires either a search warrant or a recognized exception to the warrant requirement in order to execute B. Sweeps a. Used to disarm the person to protect the officer b. Authority based on reasonable suspicion that a person lawfully detained is armed and dangerous C. Inventories a. An inventory is not necessarily a search under the Fourth Amendment standards b. It is used to catalog property that police have taken into custody c. The grounds to conduct an inventory comes from the need to adhere to department policy, to secure property and to protect the agency from claims of lost, stolen or damaged property Probable Cause to Search ANS A. Facts sufficient to justify a person of reasonable caution to believe that a crime has been or is being committed and that specific objects associated with the crime exists, and they will be found in the place to be searched.

Criteria to Establish the Plain View Exception to the Search Warrant Requirement: ANS A. The officers must be legally on the premises from where the observation was made and.... B. The incriminating nature of the item must be immediately apparent (i.e. Equates to Probable Cause) and..... C. The officers must have a lawful right of access to the object Curtilage and Open Fields ANS A. Curtilage refers to the area immediately surrounding the home, which is usually used for domestic purposes (e.g. garage, yard) B. Curtilage carries the same Fourth Amendment protections as the home C. Any other land is considered open field D. Open Fields carry NO Fourth Amendment protections The United States Supreme Court (USSC) has Established Four Factors to Assist in Determining the Difference:

1. Proximity of the area to the home
2. Whether the area is within an enclosure surrounding the home
3. The nature and uses to which the area is put (e.g. whether the area is used for family)
4. The steps taken by the resident to protect the area from view of passerby Keys to Determine Whether a Consent Search is Valid ANS A. Consent is voluntarily given B The person giving consent has authority to do so and no other person with authority, that is present, has refused C. The search is limited to only those places and things that the person expressly or impliedly authorized to be searched D. The search is not unduly intrusive a. While officers may be thorough in their search, they are not permitted to be destructive b. In addition, the length of the search must be consistent with the type and complexity of the search for which permission was granted Three Broad Categories of Exigent Circumstances ANS 1. Lives or property are in imminent danger or a serious crime is in progress

2. Evidence will be destroyed or moved if officers postpone taking action until a search warrant can be obtained
3. Officers are in Hot Pursuit of a felon who flees and takes refuge inside The Area an Officer May Search Incident to a lawful Arrest of that person ANS Is the area within the person's immediate control at the time of arrest Personal Note: Why can we search incident to arrest? A. Weapons B. Evidence C. To prevent escape Factors that Will Determine the Reasonableness of the Length of Time Involved in a Motor Vehicle Detention: ANS Purpose of the stop, AND.... 1.The time reasonably needed to effectuate those purposes and....
4. Whether the officer diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the subject An Officer May Conduct a Protective Search of a Motor Vehicle for Weapons When...: ANS A. The officer has lawfully stopped the vehicle and... B. The officer has reasonable suspicion, based upon specific and articulable facts, to believe that the driver or passenger is dangerous and can gain immediate control of a weapon An Officer can Search a Motor Vehicle When... ANS For any type of contraband or other evidence of a crime once probable cause has been established In general, under the Motor Vehicle Exception, officers can search ALL containers and receptacles (locked or unlocked) found anywhere in the vehicle that may contain the item sought by police Factors Considered in Determining if an Inventory of a Motor Vehicle is Reasonable ANS A. The car was lawfully impounded B. The inventory was conducted after the impoundment