Officer Safety Law

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Officer SafetyLaw

• Carl Milazzo
• Legal Division
• Federal Law Enforcement Training Center
• cmilazzo_at_fletc.treas.gov

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No Handout

• Presentation Available at
• www.khodges.com/iacp

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INTRODUCTION

• Knowing the Law Enhances Your Tactical Training
• BECAUSE
• Ignorance Causes Hesitation

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• Officer Safety
• Is Not a Reason
• It Is a Conclusion

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• Therefore
• Facts Become More
• Important Than Law

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Standard of Proof

• BRD
• C C
• PC
• RS

• Conviction
• Admin
• Arrest
• Search
• Stop
• Frisk

OR
OR
Voluntary Encounters
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Training Theories

• Integrated Training
• Legal AND Tactical
• Practical Exercises
• Field Application
• Report Writing - Testimony

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Dangerous Encounters

• People
• (Chimel)
• Vehicles
• (Belton)
• Premises
• (Buie)

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Investigative DetentionFrisk with Reasonable
Suspicion

• Defined
• 1. Pat Down
• 2. Outer Clothing
• 3. Weapons

• Factors
• type of crime
• know that suspect is armed or dangerous
• behavior of suspect
• prior history known to officer

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Handcuffs

• Handcuffs Safety
• Handcuffs Do Not Convert an Investigative
  Detention Into an Arrest

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Asking Questions During an Investigative Detention

• Seizure under the Fourth Amendment
• Not Free to Leave does not mean under arrest
  or in custody
• Suspect Seized When He Submits to
• Show of Authority
• Physical Force
• All Vehicle Stops are Seizures

• Custody under the Fifth Amendment
• Arrest or Functional Equivalent
• Handcuffed and locked in patrol car
• Telling the suspect he is under arrest
• Advise suspect he is not under arrest

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Public Safety Exception

• Limited to Weapons
• Only Good Until Threat Ends

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Search Incident to CUSTODIAL Arrest

• Premises (Chimel)
• Justification
• Weapons
• Evidence
• Timing

• Vehicles (Belton)
• Any Occupant
• Any Crime
• Passenger Area
• NOT THE TRUNK

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Vehicle Stops

• 1. Order Driver Out (Mimms)
• 2. Order Passenger Out (Wilson)
• 3. Car Frisk (Long)

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DriversPennsylvania v. Mimms

• Officers May Automatically Order Drivers to Exit
  Lawfully Stopped Vehicles
• 1. Risk of Assault
• 2. Risk of Passing Traffic

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PassengersMaryland v. Wilson

• Officers May Automatically Remove Passengers From
  Lawfully Stopped Vehicle
• Court Cited Same Concerns, Noting Passengers May
  Increase Danger

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Car FriskMichigan v. Long

• 1. Passenger Compartment
• 2. Weapons
• 3. Reasonable Suspicion
• Automatic For Every Vehicle Stop

NOT
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Car Frisk

• Frisk Instead of SearchSo
• Reasonable Suspicion, NOT PC
• Look for Weapons, NOT Evidence
• Where Weapons May be Hidden (no pill bottles or
  film containers)

NOT The Trunk!
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Conclusion

• Common Theme Weapons and Reasonable
  Suspicion
• Lower Standard Needed for Self-Protection, BUT
• Obligation to Identify Facts to Justify Conduct

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No Handout

• Presentation Available at
• www.khodges.com/iacp

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Randy MeansThomas and Means

• [phone] (NV)
• [phone] x13 (NC)
• rbmeans_at_aol.com