Officer Richard Neil retired 8 9 Prisoner Booking

Officer Richard Neil (retired) 8 -9 Prisoner Booking & Handling

JUSTIFYING A TACTIC USE OF TRAINED TECHNIQUE Taught during basic training or later in advanced training, as an acceptable police tactic DYNAMIC ATTEMPT at a TRAINED TECHNIQUE Attempting a trained technique and the suspect’s actions direct the technique away from the original target (asp hit to head) EMERGENCY CIRCUMSTANCE Not a trained technique, but justified under the circumstances, ie. Groin rips, Eye gouges. Immediate personal safety issue that is life-threatening. “Do or die situation!”

SOVEREIGN IMMUNITY A type of immunity that in common law jurisdictions traces its origins from early English law (hence the saying, the king can do no wrong) Generally speaking, it is the doctrine that the government cannot commit a legal wrong and is immune from civil suit or criminal prosecution SOURCE: Wikipedia, the free encyclopedia

ORC 2744. 03(A)(6) … the employee is immune from liability unless one of the following applies: (a) … acts or omissions were manifestly outside the scope of the employee's employment or official responsibilities; (b) … acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; (c) Civil liability is expressly imposed upon the employee by a section of the Revised Code

In Ohio, all jails are under the supervisory authority of the Department of Rehabilitation and Corrections through the Bureau of Adult Detention (B. A. D. )

SPO #1 -FIVE TYPES OF HOLDING FACILITIES IN OHIO FULL SERVICE JAIL FIVE DAY FACILITY EIGHT HOUR HOLDING FACILITY MINIMUM SECURITY JAIL TEMPORARY HOLDING FACILITY

DEFINITION OF TYPES O. A. C. FULL SERVICE JAIL-A LOCAL CONFINEMENT FACILITY USED PRIMARILY TO DETAIN ADULTS FOR MORE THAN 120 HOURS FIVE DAY FACILITY-A LOCAL CONFINEMENT FACILITY USED PRIMARILY TO DETAIN ADULTS FOR A MAXIMUM OF 120 HOURS

DEFINITION OF TYPES O. A. C. EIGHT HOUR FACILITY-A LOCAL FACILITY USED PRIMARILY TO DETAIN ADULTS FOR A MAXIMUM OF EIGHT HOURS TEMPORARY HOLDING FACILITY-A LOCAL FACILITY WHICH PHYSICALLY DETAINS ARRESTEES FOR A MAXIMUM OF 3 HOURS FOR PROCESSING AND/OR AWAITING TRANSPORT

DEFINITION OF TYPES O. A. C. ¨ “MINIMUM SECURITY JAIL” - A LOCAL CONFINEMENT FACILITY USED TO DETAIN SENTENCED ADULTS FOR MORE THAN 120 HOURS ¨ SENTENCES MAY BE FOR: ¨ A MISDEMEANOR ¨ FELONY OF THE 4 TH OF 5 TH DEGREE

PRISONER BOOKING IS USED TO GAIN THE NECESSARY INFORMATION ON A PRISONER TO: PRODUCE A POSITIVE I. D. RECORD ALL PERTINENT INFORMATION ABOUT THE PRISONER START OR ADD TO THE PERSON’S CRIMINAL HISTORY PRODUCE A DOCUMENT THAT CAN BE USED BY: THE ARRESTING DEPARTMENT, THE BOOKING DEPARTMENT, THE COURT OF RECORD

PRISONER BOOKING IS USED TO GAIN THE NECESSARY INFORMATION ON A PRISONER TO: EFFECTIVELY ENFORCE THE LAWS OF THE LAND BY PLACING OFFENDERS IN JAIL EITHER BY: ARREST OR COMMITMENT

Types of Searches ¨ Visual Search (Street) ¨ Frisk Search (Street) ¨ Full Body Search (Street-Arrest) ¨ Custodial Search (Station/Jail) ¨ Strip Search ¨ Body Substance Search (DUI) ¨ Body Cavity Search

Search of Suspects Asking for cooperation usually works better than ordering people around, but there are exceptions.

SPO #2 -DEFINITION OF BODY CAVITY SEARCH AN INSPECTION OF THE ANAL OR VAGINAL CAVITY OF A PERSON THAT IS CONDUCTED VISUALLY, MANUALLY; BY MEANS OF ANY INSTRUMENT, APPARATUS, OBJECT OR IN ANY OTHER MANNER WHILE THE PERSON IS DETAINED OR ARRESTED FOR THE ALLEGED COMMISSION OF A MISDEMEANOR OR TRAFFIC OFFENSE

SPO #3 “STRIP SEARCH” MEANS An inspection of the genitalia, buttocks, breasts, or undergarments of a person that is preceded by the removal or rearrangement of some or all of the person’s clothing that directly covers the person’s genitalia, buttocks, breasts, or undergarments and that is conducted visually, manually, by means of any instrument, apparatus, object, or in any other manner while the person is detained or arrested for the alleged commission of a misdemeanor or traffic offense.

REASONS TO CONDUCT A BODY CAVITY/STRIP SEARCH EITHER OF THESE SEARCHES MAY BE CONDUCTED IF A LEO OR AN EMPLOYEE OF A LEO AGENCY HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON IS CONCEALING; EVIDENCE OF THE COMMISSION OF A CRIME, FRUITS OF A CRIME, TOOLS OF A CRIME, CONTRABAND OR A DEADLY WEAPON AS DEFINED IN ORC 2923. 11 THAT COULD NOT OTHERWISE BE DISCOVERED

STRIP SEARCH/CAVITY SEARCH A body cavity search or strip search shall be conducted by a person or persons who are of the same sex as the person who is being searched and the search shall be conducted in a manner and in a location that permits only the person or persons who are physically conducting the search and the person who is being searched to observe the search.

DEFINITION OF A DEADLY WEAPON 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.

ITEMS TO BE CONSIDERED IN ORDER TO DETRMINE PROBABLE CAUSE THE NATURE OF THE OFFENSE WITH WHICH THE PERSON TO BE SEARCHED IS CHARGED THE CIRCUMSTANCES OF THE ARREST THE PRIOR CONVICTION RECORD OF THE PERSON, IF KNOWN

PROBABLE CAUSE Absolute Certaint y Proof Beyond a Reasonable Doubt (Articulable) Reasonable Suspicion Possibility / Hunch Preponderanc e Probabl e Cause

Interrogation Room Suicide

SPO #4 -DEFINITION OF PRELIMINARY HEALTH SCREENING A SYSTEM OF STRUCTURED INQUIRY AND OBSERVATION DESIGNED TO PREVENT NEWLY ARRIVED INMATES, WHO POSE A THREAT TO THEIR OWN OR OTHERS’ HEALTH OR SAFETY, FROM BEING ADMITTED TO THE GENERAL POPULATION OF THE JAIL AND TO GET THEM RAPID MEDICAL CARE

BAD SEARCH/BAD CUFF ¨ Over 95% of the reported 2007 escapes were from the back seat of caged units. ¨ Prisoner escapes, stolen or damaged units. Over 1400 reported for past 3 years. Average 1. 28 reported escapes per day.

SPO #5 -THREE MAJOR ITEMS FOR WHICH THE OFFICER MUST BE ALERT DURING A PRELIMINARY HEALTH SCREENING BEHAVIOR BODY DEFORMITIES AND EASE OF MOVEMENT CONDITION OF SKIN

BEHAVIOR EXAMPLES STATE OF UNCONSCIOUSNESS MENTAL STATUS APPEARANCE CONDUCT TREMORS SWEATING DELUSIONS HALLUCINATIONS ABILITY TO COMUNICATE

BEHAVIOR EXAMPLES SPEECH POSTURE DISORGANIZATION MEMORY DEFECTS DEPRESSION EVIDENCE OF SELF-MUTILIZATION

SPO #7 -FOUR CAUSES OF ILLEGIBLE FINGERPRINTS FAULURE TO PRODUCE THE FOCAL POINTS ALLOWING THE FINGERS TO SKIP OR TWIST FAILURE TO CLEAN THE FINGERS AND INKING PLATE OR FOREIGN SUBSTANCES AND PERSPIRATION INSUFFICIENT INK

4 UNUSUAL FINGERPRINT SITUATIONS CRIPPLED FINGERS DEFORMITIES LACK OF FINGERS AT BIRTH AMPUTATION

REASONS WHY FINGERPRINT CARDS ARE RETURNED THE CARD CAN NOT BE SEARCHED AGAINST THE ALPHABETICAL FILE BECAUSE OF BAD IMPRESSION, NO NAME, AGE, DATE OF BIRTH LACK OF COMPLETE IDENTIFYING INFORMATION INCLUDING SEX, RACE, HEIGHT, WEIGHT, NOTATIONS CONCERNING MISSING SISTERS

CHARACTERISTICS OF INKLESS FINGERPRINTING DEVELOPED SO THERE IS A PERMANENT PRINT WHEN DEVELOPED, THE PRINTS ARE IN BLACK INK SYSTEM USES A NON-SMEARING INK; NO MESS ACCEPTABLE TO B. C. I. AND F. B. I. FOR CLASSIFICATION, SEARCH AND RETENTION

SPO #8 -FIVE CATEGORIES OF INFORMATION THAT A LEO AGENCY SHALL PROVIDE TO THE VICTIM THE ARREST OF SUSPECT NAME OF DEFENDANT WHETHER THE DEFENDANT IS ELIGIBLE FOR PRETRIAL RELEASE PHONE NUMBER OF LEO AGENCY THE VICTIM’S RIGHT TO CALL THE AGENCY AND ASCERTAIN WHETHER THE DEFENDANT HAS BEEN RELEASED FROM CUSTODY

Knisley v. Pike County JVS, 2010 (6 th Cir. ) ¨ Two students told their instructor that cash, a credit card, and two gift cards were missing from their purses. ¨ Early during the searches, one student told the school officials that one of the students was hiding the items in her bra.

Knisley v. Pike County JVS, 2010 (6 th Cir. ) ¨ The students were then taken into the restroom individually and told to unhook their bras and lower their pants halfway down their thighs. ¨ Was such a search legal? ? ? ¨ Strip searches need an “individualized suspicion”

Knisley v. Pike County JVS, 2010 (6 th Cir. ) ¨ Strip searches should be limited to situations where ¨ (1) the school official can articulate specific facts that indicate that the student is presently concealing evidence of wrongdoing beneath his/her underwear and ¨ (2) the school official can articulate specific facts that indicate that the student is concealing a dangerous object or dangerous drugs and a less intrusive search (i. e. : outer clothing and bags) has not located the dangerous object.

SEARCH of CELL PHONES

Ohio v. Smith, (Dec 15, 2009) Antwaun Smith was arrested on drug charges after responding to cell phone call made by a crack user acting as a police informant. During the arrest, police searched Smith and found a cell phone on his person. Later, police recovered bags containing crack cocaine at the scene. Officers subsequently searched the contents of Smith’s phone without a search warrant or his consent.

Ohio v. Smith, (Dec 15, 2009) They discovered call records and stored numbers that confirmed prior calls between Smith’s phone and the informant’s phone number. Smith was charged with possession of cocaine, trafficking in cocaine, tampering with evidence and two counts of possession of criminal tools. Should the evidence obtained from the cell phone be suppressed?

Ohio v. Smith, (Dec 15, 2009) …when the search is not necessary to protect the safety of law enforcement officers and there are no exigent circumstances… police must obtain a search warrant for the phones data…

U. S. v. Lanham, 2010 6 th Circuit ¨ Lanham and Freeman worked as jailers in Grant County, KY. Along with their supervisor they decided to “scare” an individual, who had been arrested for a traffic violation, by placing him in a general population jail cell. ¨ Lanham and his supervisor mocked the victim about his slight appearance, and he was present

U. S. v. Lanham, 2010 6 th Circuit when his supervisor said that the victim would make a "good girlfriend" for the other inmates. ¨ When the supervisor stated that they needed to teach the victim a lesson, Lanham quickly volunteered that he knew a prisoner in Cell 101.

U. S. v. Lanham, 2010 6 th Circuit ¨ Lanham talked to Inmate Wright, within earshot of other inmates, and explained that the guards would be bringing a new prisoner down and that they wanted the prisoners to "fuck with" him. ¨ The inmates cheered at this news when Lanham was present, and he knew of that particular cell-block’s reputation for violence.

U. S. v. Lanham, 2010 6 th Circuit ¨ Lanham stated that the victim should have been in a detox cell, not in the general population, and he admitted that he had asked Inmate Wright to teach the victim a lesson. Deputy Freeman also failed to protect or assist the victim after learning of the plan. ¨ Should the deputies be personally liable for any harm? ? ?

U. S. v. Lanham, 2010 6 th Circuit ¨ The victim was beaten and sexually assaulted by other inmates. Are the deputies liable? ? ? ¨ The court held that there was sufficient evidence to support the defendant’s convictions for committing civil rights abuses in violation of 18 U. S. C. §§ 241 and 242. Arrested & liable!!!

CONSEQUENCES 1. Civilly in state court; 2. Criminally in state court; 3. Civilly in federal court for federal civil rights violations (42 U. S. C. § 1983); 4. Criminally in federal court for federal criminal civil rights violations (42 U. S. C. § 241, 242); 5. Departmental discipline / IA investigations; 6. Family / personal issues

Illinois v. Lafayette 1983 Inventory search upon arrest may extend to personal effects in possession of the defendant at the time he is booked, in this instance a shoulder bag.

State v. Dempsey 1970 "A routine stationhouse search without a warrant of a person, who is being booked immediately prior to his entering a cell for the purpose of inventorying and safekeeping his personal effects, is not violative of the Ohio Constitution or the Fourth or Fourteenth Amendments to the United States Constitution. "

State v. Matthews 1976 "A custodial search of the handbag of one lawfully arrested for a misdemeanor… is a reasonable search under the Fourth Amendment to the United States Constitution, and evidence so obtained is properly admissible in a criminal action. "

State v. Mc. Afee 1985 Shoplifter was detained by merchant until police arrived. Since purse was searched only after defendant had expressly been placed under arrest, it was a proper search incident to arrest, since the arrest was supported by probable cause, saving search from being merely investigative.

State v. Myers 1997 Woman was handcuffed and placed under arrest for disorderly conduct in the house where she rented a room. Although her identity had been established, officer said he went through her purse looking for photo ID. Legal? Applying State v. Brown (1992), 63 Ohio St. 3 d 349, held not to be a valid search incident to arrest.

Dayton v. Nugent 1970 A policy of not allowing calls during the four hours immediately following arrest is invalid.

2935. 14 Right to communicate with counsel If the person arrested is unable to offer sufficient bail or… as the case may be, be speedily permitted facilities to communicate with an attorney at law of his own choice, or to communicate with at least one relative or other person for the purpose of obtaining counsel

2935. 20 Right to counsel After the arrest… such person shall be permitted forthwith facilities to communicate with an attorney at law of his choice… or to communicate with any other person of his choice for the purpose of obtaining counsel. Such communication may be made by a reasonable number of telephone calls or in any other reasonable manner.

2935. 20 Right to counsel ¨ No officer … shall prevent, attempt to prevent, or advise such person against the communication, visit, or consultation provided for by this section. ¨ Whoever violates this section shall be fined not less than twenty-five nor more than one hundred dollars or imprisoned not more than thirty days, or both.

Officer Richard Neil (retired) www. Officer. Neil. com