Introduction to the Constitution and Law Enforcement Principles

Introduction to the Constitution and Law Enforcement Principles of LPSCS

Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have. 2 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Fourth Amendment l People to be secure in – – Persons Houses Papers Effects l Free from – – 3 Unreasonable search and seizure Warrant issued only under probable cause Based on Oath or affirmation Describing person, places, and/or things to be searched and seized Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Levels of Proof ABSOLUTE CERTAINTY Beyond a Reasonable Doubt Criminal Jury Verdict Non-Suggestiveness of Identification Clear and Convincing Preponderance Civil Trial Decision Take Case to Jury Prima Facie Arrest, Search, Indictment, Information Stop, Frisk, Question Probable Cause Reasonable Suspicion Mere Hunch NO BASIS FOR KNOWLEDGE 4 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Probable Cause Captain Says l Facts or evidence that would make a reasonable person believe that a crime or wrongdoing has been, is being, or will be committed 5 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

What would be considered Probable Cause in this picture? 6 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Probable Cause Building Blocks Sgt. Say l Flight l Furtive acts or movement l Hiding l Attempting to destroy evidence l Resistance to officers l Admissions or confessions l Evasive answers/conflicting stories l Unreasonable explanations 7 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Probable Cause Building Blocks (continued) Officers say l Physical evidence (latent prints/hair/handwriting) l Identification by witness l Contraband or weapons in plain view l Hearsay information (informant, anonymous tip) l Computerized information (TCIC/NCIC) l Police radio broadcast l Drug dogs l Electronically obtained evidence 8 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

When is a Person Arrested (CCP 15. 22)? Captain Says l A person is arrested when he or she has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by a person having authority to arrest 9 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Custody Constructive Custody Sgt. Say l Confined, Imprisoned, In Custody l Actual, corporeal, and forcible detention of a person l Detention within limits 10 Restraint Officers Say l Control exercised over another l Certain limits l Subject to “general authority” Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Constructive Custody v. Restraint All say l Medford v. State – – 11 The restriction of a person’s liberty may occur whether through physical force or the person’s submission to authority A reasonable person would believe that restraint of freedom is equal to a former arrest Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

When Can I Be Arrested and How? Captain says l Arrests can occur at anytime, day or night (CCP 15. 23) l Any amount of force necessary may be used to make an arrest; no greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the suspect (CCP 15. 24) 12 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Elements of an Arrest Sgt. Say l Intent l Authority l Custody (Seizure or Detention) l Understanding of Subject 13 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Arrest Without a Warrant Officers Say l Offense within view (CCP 14. 01) l Offense within view of magistrate (CCP 14. 02) l Felony offense, no time to procure a warrant because the offender is about to escape (CCP 14. 04) 14 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Arrest Without a Warrant (continued) All say l Authority of Peace officers (CCP 14. 03) – – – – 15 – Felony Breach of peace Disorderly conduct (Penal Code (PC) Ch 42) Public Intoxication Inchoate offense Assault (protection) Family Violence (bodily injury) Prevent theft Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Show of Force and Authority Temporary Detention Sgt. Say l Reasonable suspicion l Activity occurring or just occurred l Person connected to activity l Limited time l Florida v. Royer – – – 16 Investigative detention No longer than necessary Scope of detention matches justification Stops l Justified if Officers Say – No “fit” time or place – Description of wanted person – Emotional, frightened, intoxicated – Running/furtive movements – Loitering/hanging out/look out – Crime scene area Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

“Terry Frisk” Captain says – Unusual Conduct – May be armed and dangerous – Protection of self and others – Suspicion of crime and weapon to be used – Careful pat of outer clothing – Alone and no backup – Emotions or behavior of suspects 17 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Terry v. Ohio Captain says l 18 Where a police officer observes unusual conduct which leads him or her reasonably to conclude in light of his or her experience that criminal activity is afoot and that the person with whom he or she is dealing may be armed and dangerous, …he or she is entitled for the protection of himself and others to conduct a careful, limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him or her Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Search Defined Sgt. Say l Prying into hidden places for that which is concealed l A violation or an invasion of the expectation of privacy (the 4 th Amendment protects people, not places) l Is not a search to observe that which is open to view 19 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Search Warrant Requirements Sgt. Say l l 20 Definition (CCP 18. 01) Neutral and detached magistrate Probable cause/staleness Sworn affidavit including – Offense committed – Property to be searched – Property to be seized Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Search Warrant Exceptions All say l Protective sweep l Protection of evidence from destruction l Evidence is discovered in plain view l Property or contraband that, as a result of the search, is believed to exist at another location on the property 21 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Search Warrants Unnecessary All say l Vehicles l Open fields l Anything with consent l Abandoned property l Inventory l Plain view 22 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Scope of Search All say l Must be limited to the area where items can be found l Must be listed on the warrant 23 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Searches at School All say l 24 Types allowed – Backpack searches – Locker searches – Vehicle searches – Strip searches – Metal detector use – Drug dog use – Searches with consent Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Searches at School (continued) Sgt say l Reasons – – 25 Must be justified Must have reasonable suspicion that a law or a school rule violation has occurred Must be reasonably related to the circumstances Must be conducted in a reasonable manner Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Searches at School (continued) Captain says l Authorities – Administrators l – Police l l 26 Reasonable suspicion – Tips – Past behavior – Student’s reaction to questions Probable Cause Law Violation Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Searches with Consent Sgt. Says l The person must have the authority to consent – – – l l 27 Must be at least 17 years of age Must be the owner of the property and have the legal right to access the area being searched or an agent acting on the behalf of the owner Must be mentally capable of understanding consent and its possible consequences The person may withdraw his or her consent at any time The person may limit the scope of the search Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Search Incident to Lawful Arrest all say l l 28 The arrest must be lawful Only the search area of immediate control The search must immediately follow the arrest The search may be conducted to prevent destruction of property Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Seizure of Property All say l Contraband – property of any nature, including real, personal, tangible, or intangible, that is used in the commission of a crime or has been altered from its original intended use – – – 29 Item used in the commission of a crime Obtained from the commission of a crime Illegal by statute or case law Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Seizure of Property (continued) Captain says l 30 Plain-View Doctrine – Coolidge v. New Hampshire l Initial intrusion must be lawful or lawfully be in a position to view contraband l Discovery must be inadvertent l Must immediately be able to tell that the property is illegal to possess Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Seizure of Property (continued) Captain says l Exclusionary Rule – – l 31 No evidence will be admitted into trial if obtained by a violation of constitutional rights (CCP 38. 23) Mapp v. Ohio – any evidence obtained illegally will be excluded from trial Officers may seize any items (contraband) that they reasonably believe are evidence of a crime or have been obtained as a result of criminal behavior Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Use of Force Key Terms (PC Ch 9) Captain says l l l l 32 Use of Force Custody Escape Deadly Force Reasonable or Necessary Force Deadly Weapon Serious bodily injury Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

All say l l 33 Legal Authorities for the Use of Force Justification as a Defense (PC 9. 02) Confinement as Justifiable Force (PC 9. 03) Threats as a Justifiable Force (PC 9. 04) Reckless Injury of Innocent Third Persons (PC 9. 05) Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Civil Liabilities of Officers and Legal Remedies l Justification Generally (PC Ch 9 subch B) – – – l Privileged Use of Force (state law) is not a defense to civil liabilities Public Duty (PC 9. 21) Necessity (PC 9. 22) Protection of Persons (PC Ch 9 subch C) – – 34 Captain says Self-Defense (PC 9. 31) Deadly Force in Defense of Third Person (PC 9. 32) Defense of Third Person (PC 9. 33) Protection of Life or Health (PC 9. 34) l Civil Practices – remedies Code 83. 001 Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Civil Liabilities of Officers and Legal Remedies (continued)Sgt. say l Protection of Property (PC Ch 9 subch D) – – l Law Enforcement (PC Ch 9 subch E) – – 35 Deadly Force to Protect Property (PC 9. 42) Protection of one’s own property (PC 9. 41) Protection of Third Persons Property (PC 9. 43) Use of Devices to Protect Property (PC 9. 44) – Arrest and Search Prevention of Escape from Custody Maintaining Security in a Correctional Facility Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Civil Liabilities of Officers and Legal Remedies (continued)Cpt. say l Special relationships (PC Ch 9 subch F) – – – 36 Parent-Child (PC 9. 61) Educator-Student (PC 9. 62) Guardian-Incompetent (PC 9. 63) Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Civil Remedies Unaffected All say l Use of Force against a person – – 37 In custody for interrogation Who poses no threat and Initiates no action Is unconstitutional Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Civil Remedies Unaffected (continued) all say l 38 Federal Law – Officer immune from monetary liability if l He or she reasonably believes the conduct was lawful – Based on information the officer possessed and – Clearly established constitutional law Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Civil Remedies Unaffected (continued) all say l Tort – – – A private or civil wrong or injury resulting from a breach of a legal duty Winning a tort suit requires proof that there was a duty breached, and the breach caused the injury or damage Three Degrees of Tort actions l l l 39 Negligence Gross negligence Intentional action Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Use of Force Continuum (Sample) All SAY l l l Officer Presence Verbal commands Empty-Hand Control – – l l Soft Hard Less Than Lethal Deadly Force l l l 40 No Force is used Force is not physical Soft – grabs, holds, pressure points Hard – kicks and punches Baton, OC spray, and Taser Firearm Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.

Resources l l l Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) http: //www. tcleose. state. tx. us/ Arlington Police Academy http: //www. statutes. legis. state. tx. us/ www. searchandseizure. org Do an Internet search for the following: – – 41 Police defend use of force in shooting Caselaw findlaw Tennessee v Garner Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission.