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

22 3344

11

55 Red

Orange

Yellow

Green

Blue

Use of Force

Officer’s Enforcement Options

Reasonable Officer's

Response

CompliantCooperative

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 – 4th Amendment ConcernsSearch 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

Seriou

sness of O

riginal

Offen

se

Imminent Life Threat

Violent Felony

Property Felony

Misdemeanor

Minor Infractions

May PursueMay Pursue

May Pursue May Pursue

May Pursue May PursueWith Caution

May PursueWith Caution

May PursueWith Caution

Do Not Pursue

Do Not Pursue

Do Not Pursue

Do Not Pursue

Do Not Pursue 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 UpsConditions 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?