Do You Know the Boundaries Under Garrity?
Garrity Use Immunity: A Guide for Investigators
Public Agency Training Council (PATC) articles
By Richard E. Lober, J.D.
A statement of a public employee and evidence derived from any statement cannot be used against that employee in a criminal prosecution when the statement is taken under threat of potential termination of employment. Such a statement is considered “coerced” under the 5th/14th Amendments of the U.S. Constitution. Garrity v. New Jersey, 385 U.S. 493 (1967).
Are you using the "Juvenile Friendly" Miranda warnings?
Miranda Warning for Juveniles-What do I have to say?
(705 ILCS 405/5-401.5) (a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee:
Force Science News - Appeals court issues guidelines for UOF in non-criminal emergencies
Force Science News- Appeals court issues guidelines for UOF in non-criminal emergencies
Facing a medical emergency and a use-of-force dilemma, did this sheriff’s deputy do the right thing?
The deputy, working road patrol for the Oakland County (MI) SO, responded one June afternoon to a call at a residence near Detroit where four paramedics were struggling to help a man overcome a life-threatening diabetic crisis.
According to later documents in the case, a finger prick had established that his blood-sugar level was “extremely low at 38,” the normal range being 60-110. Left untreated, the “medical emergency” could “lead to prolonged seizure and death.”
Law Officer Article- Supreme Court to Consider Liability For "Provoking" Use of Force
The outcome of Supreme Court Case 16-369 (Los Angeles County, Ca v. Mendez) could pose significant challenges for law enforcement-and police training.Provoking Use of ForceBasically, the main issue involves whether law enforcement officers are entitled to qualified immunity or liable for "provoking" the need for use of force-according to the "provocation rule" created within the United States Court of Appeals for the Ninth Circuit.Here's the background of the caseSynopsis: Los Angeles County, Ca v. Angel Mendez, et al.In October 2010, Los Angeles County Sheriff's Department deputies conducted a warrantless search of a house looking for a wanted parolee. The deputies knocked and announced at the door of residence-and did not violate Fourth Amendment rights.Deputies were told that the man they were looking for was in a shack in the backyard.Two deputies of the team of 12 involved approached the shack and opened the door. Inside, they encountered Angel and Jennifer Mendez.Court documents state that at the precise moment the deputies entered the shack, Angel Mendez was "holding only a BB gun that he kept by his bed to shoot rats" in the shed, and that he "was in the process of moving the BB gun so he could sit up in bed."READ ARTICLE
IACP Guide-Protecting Civil Rights: A Leadership Guide for State, Local, and Tribal Law Enforcement
A resource and information page from the International Association Chief's of Police website. This information will be useful if your are developing your Organizational Accountability:Managing Use of Force policy.Protecting Civil Rights: A Leadership Guide for State, Local, and Tribal Law EnforcementProtecting Civil Rights:A Leadership Guide for State, Local, and Tribal Law EnforcementPrepared by the International Association of Chiefs of PoliceSeptember 2006Download PublicationPart 1: Executive Summary, Acknowledgements, Table of Contents, Chapters 1 to 2 Part 2: Chapters 2 to 5 Part 3: Chapters 6 to 8, Appendices Order Printed Copy from COPs: Publication Request Form (PDF Fax Form)The effectiveness of the police depends on the trust and confidence of the community. If civil rights of individuals or groups within a community are compromised, public trust and confidence in the police are diminished. Without trust, police become less legitimate in the eyes of the public. Compromised relations with the community result in strained relations and in less effective law enforcement. With funding from and collaboration with the Office of Community Oriented Policing Services (COPS), a component of the US Department of Justice, IACP produced this guide as a comprehensive overview of the civil rights issues and challenges that face today's law enforcement leaders. The guide describes the processes by which agencies with alleged "pattern or practice" civil rights violations are investig
Use of Force Training video has been released
The new Use of Force Training video produced by the Illinois Law Enforcement Training & Standards board has been released and can be found on the "LEDI" system. Since not everyone has or can have a LEDI account, a link to thevideohas been added under the members side of the MTU1 website. All officers are required to view this thirty-six minute Use of Force Training video as part of their annual qualifications All officers should still be provided the Use of Force Brochure The agency will maintain a record of those officers viewing the videoTo locate the video, go to the members tab on the MTU1 website to locate the "Annual Qualification Use of Force Training video" page. All users must have a username /password in order to access the page.
White Police Officers Don't Unfairly Target Black Suspects, study says
By Cody DerespinaPublished November 16, 2016FoxNews.comThe day after a Minnesota cop was charged in the July shooting death of a black man, an in-depth study purported to show race generally does not play a role in police shootings.Among the findings of the investigation released Thursday by the Crime Prevention Research Center: White police officers are not significantly more likely to shoot black suspects; body cameras have had little effect on decreasing police killings; the more cops at the scene, the less likely it is a suspect will be shot.POLICE SEE HIGHER THREAT OF AMBUSH AFTER YEAR OF UNRESTThe study examined data from 2013 to 2015, a time period which almost perfectly bookends the police killing of Michael Brown in Ferguson, Mo., in August 2014, an episode that helped lead to the rise of the Black Lives Matter movement and placed increased scrutiny on police shootings. Yet, the research team of John Lott and Carlisle Moody found the percentage of black suspects killed in the 19 months before Brown's death (24.8 percent) was almost exactly the same as the percentage killed in the 16 months after Brown's death (25 percent)."You might have imagined that if people were shooting black suspects for some type of racial animus, you might imagine there would be a change before and after Ferguson," Lott told FoxNews.com. "And yet [cops] seem to shoot, for black suspects, it's perfectly flat between the two periods of time."Lott and Moody examined 2,699 police killings from m
IACP 2006 article- Unconstitutional Policing: The Ethical Challenges in Dealing with Noble Cause Corruption
Police Chief Magazine | Unconstitutional Policing: The Ethical Challenges in Dealing with Noble Cause CorruptionBy Thomas J. Martinelli, J.D., Adjunct Professor, Wayne State University, Detroit, MichiganWhen uncovered as a pattern or practice, the police crimes defined as noble cause corruption can result in constitutional rights litigation that can financially cripple agencies. In promoting police integrity, the U.S. Department of Justice repeatedly emphasizes the duty of law enforcement agents to respect the value and dignity of every person, including criminal citizens.1 The Department of Justice has recently emphasized this message, and has entered into consent decrees with cities stemming from allegations of patterns of police abuse of authority.Rogue officers are tempted to engage in noble cause corruption in situations where they perceive no administrative accountability and decide to push the constitutional envelope, even though police must know and respect the constitutional laws upon which their very authority is derived. Departmental leaders must address noble cause corruption by defining what it is, what fosters it, and how to eliminate it.What Is Noble Cause Corruption?Noble cause corruption in policing is defined as "corruption committed in the name of good ends, corruption that happens when police officers care too much about their work. It is corruption committed in order to get the bad guys off the streetsthe corruption of police power, when officers do bad t
Appelate Court Decision: All This in One Case! -Informants, P.C. for Traffic Stops, Consent Searches, Someone Elses Car, Temporary Detention, Handcuffing, Dog Sniffs & Terry Stops O'My!
Appellate Case Posted 10-7-16Search and Seizure: Reversed and remanded:The fourth amendment requires more than some minimal level of objective justification for making a Terry stop. However, independent corroboration of significant aspects of an informant's predictions can impart a degree of reliability on the informant's other allegations sufficient to support an investigative stop. Fourth amendment guarantees are not implicated when police conduct a search pursuant to a voluntary consent. An individual who does not have a possessory interest in a vehicle cannot challenge the search of either the exterior or the interior of the car.No. 2016 IL App (1st) 152678 People v. Duran (weblink) Filed 10-7-16 (ATH)The defendant was charged with one count of possession with intent to deliver 900 grams or more of methamphetamine. The defendant filed a motion to quash arrest his arrest and suppress evidence arguing the search of the car in which he was riding as well as his bag where the methamphetamine was found was done without consent, articulable factual justification or probable cause. The trial court granted defendant's motion after a hearing finding defendant was arrested without probable cause and therefore the seizure of the methamphetamine was unlawful. The appellate court reversed the trial court's order granting the motion to quash arrest and suppress evidence.FINAL Paragraphs after going through all of the hoops!! 36 In this case, the Cadillac in which the defendant was ridi
Appelate Court Decision: Voluntary Consent Must be "Absent Any Coercion, Express or Implied"
Appellate Case Posted 10-12-16 Criminal Law: Motion to Quash and Suppress: Reversed: Voluntary consent to search is an exception to the fourth amendment's warrant requirement To be effective, however, the consent must be voluntary, meaning that it was given "absent any coercion, express or implied," and was not "the result of official coercion, intimidation, or deception." The voluntariness of the consent depends on the totality of the circumstances, and the State bears the burden of demonstrating consent was given voluntarily. Initial refusal to consent to search is an important factor in assessing whether later consent is voluntary. The fact that a written consent form was signed is not dispositive in determining whether consent to search was voluntary when circumstances show the signature was obtained through coercion. Voluntariness is a question of fact, and the trial court's finding that consent to search was voluntary will be reversed if it is against the manifest weight of the evidence. People v. Martin, 102 Ill. 2d 412, 426, 466 N.E.2d 228, 234 (1984). A police officer's giving false or misleading information can vitiate the voluntariness of the consent. Cardenas, 2 An officer making a groundless threat and presenting the occupant of the home with the choice of either consenting or suffering the consequences of the threatened course of conduct can also vitiate consent. Goldenhersh, J.No. 2016 IL App (5th) 1140596 People v. Wall(weblink) Filed 10-12-16 (MGB)After a st