MANAGING LEGAL RISKS (Law of Arrest, Search, and Seizure)

As a police officer, you know that the system often seems stacked against you. Changes in the law and in society have made policing a complex, often confusing business. Lawsuits against the criminal justice community, against officers and supervisors are increasing dramatically. Governments are exposed to huge financial losses when tough decisions go wrong. An equally serious consequence of inappropriate police action is the exclusion of evidence in criminal trials. Guilty criminals go free. The legal and practical problems facing law enforcement officers are staggering... how to guarantee rights, avoid liability, and still get the job done? How to police effectively and still win? This seminar can help you manage and solve these problems.

The law of policing is constantly changing and growing. In the past several years there have been dramatic changes and clarifications, many in favor of law enforcement. This seminar focuses on how the law enforcement officer can use the law to his or her advantage, while minimizing the risk of civil liability. Coverage will emphasize the need to appropriately balance liability avoidance measures with the need for effective law enforcement through a team approach to risk management. The relationship between criminal investigative actions and civil liability exposure will be explored, and specific strategies for risk reduction will be recommended. Program orientation will be positive and proactive, focusing on the highest risk areas of law enforcement: use of deadly and non-deadly force, emergency vehicle operation, arrest and detention, search and seizure, forcible entry into private premises, and more.

Target Audience:
All Law Enforcement Officers, Supervisors

Course Length:
One to Two Days

Course Topics:
  • Managing Legal Risks in Law Enforcement Incidents
    • What are the greatest legal risks in law enforcement?
    • Why follow the Constitution?
    • Maintaining Effectiveness
  • Minimizing Legal Risks in Investigative Contacts
    • Seizure of Person or Voluntary Contact?
    • Investigative Detention or Arrest?
    • Suspect Behavior and Its Legal Significance
    • Reasonable Suspicion and Probable Cause
    • Use of Force in Investigative Contacts
    • Unarrest?
  • Minimizing Legal Risks in Entering Private Premises to Arrest
    • "Forcible" Entry = Nonconsensual Entry
    • The Warrant Requirement
    • Warrantless Entry
    • The Probable Cause Requirement
  • Minimizing Legal Risks in Use of Force
    • Legal Validity of Core Transaction
    • Maintaining Proportionality: Reasonable Necessity
    • Managing Force Escalation
    • Avoiding Case Poisoning
  • Minimizing Legal Risks in Emergency Vehicle Operation
    • Philosophy:
    • Response to Emergency Calls for Service
    • High Speed Pursuits

Instructor:
Robert F. Thomas, Jr. or Randolph B. Means

 
     
 


P.O. Box 2039
Huntersville, NC 28070
704-948-5608

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