18. Mechanics of Arrest

Question 1

Question 1 of 10 - BPOC 31 Arrest & Control Procedure
Name a method of physical search.

None of these

All of these

Kneeling Search

Prone Search

Open Area Search

Answer 1

All of these

Review: BPOC (31.14) Standing Body Search Prone Body Search Kneeling Body Search

Question 2

Question 2 of 10 - BPOC 31 Arrest & Control Procedure
What is not a component of an effective arrest?

Proper documentation

Transporting

Handcuffing

Maintaining control

Keeping prisoner in sight

None of these

Answer 2

Proper documentation

Review: BPOC (31.18) Components: keeping prisoner in sight maintaining control - escort positions, verbal communication handcuffing standing a cuffed suspect up from prone, kneeling in a safe and efficient manner assessing safety, communication and de-escalation transporting

Question 3

Question 4 of 10 - BPOC 31 Arrest & Control Procedure
In “ _________________” the reviewing Court ruled that handcuffing too tightly and failing to double-lock the handcuffs may lead to an excessive force claim, particularly when the officers have been place on notice after a suspect’s complaint.

Miranda v. State

Tennessee v. Garner

Mapp v. Ohio

Baskin v. Smith

Answer 3

Baskin v. Smith

Excerpts

At approximately 1:45 a.m. on October 27, 1996, Grand Rapids police officers arrested Ursula Parks and Neicha Patton for creating a disturbance at an Amoco service station located at the corner of Franklin and Eastern in the City of Grand Rapids. Douglas Carmack Deposition at 6-7, attached to Defs.’ Brief as Exh. D; Incident Report No. 96-114003, attached to Defs.’ Brief as Exh. A. Shortly thereafter, the officers arrested plaintiff, Robert Baskin, for creating a disturbance during the course of the arrests of Ms. Patton and Ms. Parks. Incident Report No. 96-114013 attached to Defs.’ Brief as Exh. B. After a jury acquitted plaintiff of the charge, he filed the present civil rights suit against, alleging that defendants illegally searched and seized his person, falsely arrested him and used excessive force during the arrest.

However, plaintiff’s deposition testimony supports his second claim that defendant Smith placed the handcuffs on him so tightly that his wrists bled. There is no testimony that plaintiff was struggling or acting so violently as to require this type of restraint and defendant Smith gave no testimony on this issue. Viewing plaintiff’s testimony in the light most favorable to him, defendant Smith’s action would be objectively unreasonable in light of plaintiff’s clearly established rights under the Fourth and Fourteenth Amendments. Under these circumstances, defendant Smith is not entitled to qualified immunity with respect to the claim that he used excessive force to handcuff plaintiff.

Even if defendant Smith had submitted an affidavit contesting plaintiff’s testimony, the factual issue would preclude summary judgement of the ground of qualified immunity. See subsection 2.b., infra.

Question 4

Question 6 of 10 - BPOC 31 Arrest & Control Procedure

When two officers transports a single suspect, the suspect may be placed in the right rear seat if there is no cage.

True

False

Answer 4

True

Question 5

Question 10 of 10 - BPOC 31 Arrest & Control Procedure

When two officers walk with a single suspect, the officers should walk to the rear of suspect with one of them holding waistband of belt between cuffed hands.

False

True

Answer 5

False