Law Enforcement Controls For The Next Decade Robert J. Krall Director Risk Control Services PRIMA 2006

Look At Your History What Losses Were Incurred What Allegations Were Made What Were Results From Investigations Look To Entities Nationally What Allegations Were in the News What Allegations Were Publicized What Were Results From Law Suits

Typical Operation Gaps Nationally 82% to 90% of Sworn Officers DO NOT Carry Constitutional Warning Cards Nationally Officers DO NOT Receive Liability Training at The State Police Academies

Typical Operation Gaps Department Policy and Procedures are NOT Used as a Training Tool During Roll Call Training or Otherwise Policy and Procedures Not Consistently and Regularly Up-Dated

Current Exposures Law Enforcement Liability – Street Operations – Jails – Personnel Management Negligent Hiring – (Big Ticket) Negligent Supervision (Big Ticket)

Police Officers VS. Cowboys Perception Does Matter

Immediate And Future Issues Based on 42 US Code §1983 and State Tort Issues Are Areas That Need to be Addressed and Controlled

Operational Concern Areas Arrest and Investigatory Stops and Initiating a Field Interview –Policy and Procedures Up-To-Date –Officers Need to be Able to Articulate Rational Behind The Stop –“Officers may stop individuals for the purpose of conducting a field interview only when reasonable suspicion is present” Time of Day Proximity to Crime Fleeing The Officer

Operational Concern Areas Firearms and Less Lethal Weapon Usage –Selection of Weapons Procedures –Selection Documentation –Training –Policy and Procedure Development –Follow-up Qualifications –Documentation of Actions –Up-Date Policy and Procedures Regularly

Operational Concern Areas Use of Force

Red Orange Yellow Green Blue Use of Force Officer’s Enforcement Options Reasonable Officer's Response Compliant Cooperative Controls Resistant (Passive) Contact Controls Resistant (Active) Compliance Techniques Assaultive (Bodily Harm ) Defensive Tactics Deadly Force Use of Force Ladder Reasonable Officer's Perception Assaultive Serious Bodily Harm/Death Re-Print With Permission of OSS Law Enforcement Consultants)

Operational Concern Areas Motor Vehicle Stops and Searches Policy and Procedures Up-Dated Search - Probable Cause - Officer Must be Able to Articulate Ex. Driver and Car Contents Subject Not Passenger W/O Probable Cause Drug Canine Only if Time Frame Within Parameters of Normal Stop/Ticket Issuance

Operational Concern Areas Canines –Only Trained For Police Operations –Single Handler –Train Minimum 16 Hours a Month on Commands and Responses –Use of Canine Will be Considered Deadly Force in an Attack Situation

Operational Concern Areas Patrol Driving and Response –Unless on Emergency Call Obey All Traffic Rules and Speed Limits –If Traffic Control Devices are Missing or Impaired Call in to Street Department and Direct Traffic Till Fixed –Domestic Disputes Recommended Two Officers on Scene –Traffic Enforcement use of Video Cameras

Operational Concern Areas Searches – 4 th Amendment Concerns Search warrants are not required if officers are: Securing weapons or evidence of a crime incident to an arrest; Assisting individuals under life-threatening situations; Protecting the public from harm; Searching for additional victims at crime scenes; Protecting vital evidence; Pursuing a perpetrator; Searching vehicles based on probable cause that the suspects may contain contraband; and Searching individuals under their voluntary, written consent.

Search Warrant Execution It is recommended that prior to entering the premises, the supervisory officer: Ensure that the warrant is valid; Confirm that the property about to be searched is the property listed on the warrant; Conduct a pre-entry briefing of the execution process with all search team personnel to include: Review of the order of operations and procedures; A simulation of conditions of the search using the appropriate maps, charts and diagrams; and Tactics and equipment to be used in the event of forced entry.

Operational Concern Areas Secondary Employment and off Duty Powers –Prohibited Activities –Permitted Activities Restrictions of Authority Department Charges for Services »Loss Of Immunities

Operational Concern Areas Prisoner Transport –Two vs. One Officer –Restraints –Same Sex Transport –Minor Transport –Call in to Dispatch Start Finish –Document Time and Mileage

Operational Concern Areas Vehicle Pursuit –Current Policy –Court Tested Controls –Supervisory Controls in Place –Road Block and Tire Deflation Policy in Place –Jurisdictional Agreements Cover Pursuits

Pursuit Decision Matrix Low Risk to Public Moderate Risk to Public High Risk to Public Seriousness of Original Offense Imminent Life Threat Violent Felony Property Felony Misdemeanor Minor Infractions May Pursue May Pursue With Caution Do Not Pursue May Pursue (Re-Print With Permission of OSS Law Enforcement Consultants)

Operational Concern Areas Work Place Harassment –Policy Issued Annually –Training Annually –Two Lines of Reporting Concerns –All Allegations Reviewed –All Allegations Documented Including Action Taken

Jails and Lock Ups Conditions of Confinement and Security Inmates will be provided continuous access to the officers by sight and sound. Inmates will be provided at least three meals per day, during regular eating hours, two of which will be hot meals. Inmates will be provided with clean blankets, bed linen, and a towel. Inmates will be allowed, and provided the facilities to bath at least daily.

Jails and Lock Ups Inmates will be allowed access to a telephone for limited use. All inmates will be checked personally by sight and sound at least every hour. Inmates showing suicidal tendencies will be checked by sight and sound at least every 15 minutes, and a log kept confirming these checks. If detained for over 24 hours inmates will be provided with recreational items such as television or radio, board games, reading material, etc.

Jails and Lock Ups Inmate Classification –General population - the typical custody levels for the facility; –Close and maximum custody - those who may be violent or harmful to themselves or others; –Medical isolation; –Contagious or communicable diseases; –Separation and protective custody; –Trustee & –Drunk tank & detoxification – to be moved to general population as soon as they can care for themselves.

Jails and Lock Ups Medical Treatment –Facilities are Required to Provide Treatment –Health Assessment Should be Conducted During In-Take –Consult M.D. if Medical Conditions Found –Contagious Conditions May Require Inmate Population Separation

Jails and Lock Ups Sexual Harassment –Prohibitions To Include – Male to Male, Female to Female, Male to Female, Female to Male –Up-date Policy Annually –Train Personnel on Policy –Enforce Policy

Jails and Lock Ups Strip Searches –Must Have a Stated Logical Penological Purpose –Same Sex Only Unless Exigency Of The Circumstances Dictate An Exception to the Rule –Never in Front of Opposite Sex Or in View of Closed Circuit TV Cameras

Jails and Lock Ups Suicide Prevention Profile All Detainees on Intake Check Meds Found During Booking “Ideal” Have Arrangement for “At Risk” Detainees to go to Local Medical Facility Until Transport Initiate Controls –Supervise –Minimize Materials –Supervise Through Human contact

Jails and Lock Ups Use of Force and Deadly Force –Weapons Policy Current –Non-Lethal Weapons Training –Pepper Spray –Baton –Restraints –Firearms

Keep Your Eye On The Process

Questions?