Study Flashcards
(17 cards)
Legal courses of action for reasonable search and seizure
- Valid search warrant V I P A C E
- Valid arrest warrant 3 3 2 2 2 1
- Vehicle exception
- Incident to lawful arrest
- Inventory
- Investigative detention/stop & frisk
- Protective Sweep
- Plain view
- Arrest based on PC
- Abandoned Property
- Consent
- Curtilage/open fields
- Exigent circumstances
Justification for Use of Deadly Physical Force
ARS 13-410
- To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
- To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:
a. Has committed/attempted to commit, or is committing/attempting to commit a felony involving the use/threatened use of a deadly weapon
b. Is attempting to escape by use of a deadly weapon
c. Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay
d. Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
Justification for Use of Deadly Physical Force in Crime Prevention
ARS 13-411
M A R K S
B A M C S
A person is justified in threatening/using physical force/deadly physical force against another if that physical force/deadly physical force is immediately necessary to prevent the imminent or actual commission of:
1. arson of an occupied structure (1704)
2. burglary in the second or first degree (1507 or 1508)
3. kidnapping (1304)
4. manslaughter (1103)
5. second or first degree murder (1104 or 1105)
6. sexual conduct with a minor (1405)
7. sexual assault (1406)
8. child molestation (1410)
9. armed robbery (1904)
10. aggravated assault (1204, subsection A, paragraphs 1 and 2)
Does the Search Warrant Affiant need to be present for the service of the warrant/search?
The officer who completes the warrant affidavit need not be present during the execution of the search warrant.
Graham v Connor
Objective reasonableness standard
Totality of the circumstances at the time force was used
Judged from the perspective a a well-trained police officer
Three factors:
1) Severity of the crime
2) Suspect poses immediate threat to safety
3) Suspect actively resisting arrest or evading arrest by flight
Elements of Force
Ability
Opportunity
Jeopardy
Preclusion
Preclusion
All other alternatives have been reasonably considered and cannot be employed in a safe manner based on the totality of the circumstances.
Response Options
1) Presence
2) Verbal Persuasion, Negotiation, or Command
3) Soft Empty Hand Techniques and Restraining Devices
4) Tripping and Tackling
5) Pointed Gun at Persons (PGP)
6) Chemical Agents
7) Electronic Control Device (ECD)
8) Intermediate Control Techniques
9) Carotid Control Technique
10) Deadly Force
ARWEN/Stunbag Target Areas
Target Areas: Arms, Lower Abdomen, Buttocks, Legs, Back (excluding spine)
Non-Target Areas: Head, Spine, Chest, Neck
Protective Sweep
Purpose is to protect officers and others from immediate danger by looking in places a person could hide if officer has articulable facts the area to be search harbors an individual posing a danger to others.
To search residence while outside = probable cause
To search residence while inside = reasonable suspicion
Exigent Circumstances
Response to an emergency (Fire, Medical)
Hot pursuit of felony suspect
Possibility of violence (hostage/barricade, domestic violence, sexual assault)
Probability of destruction of evidence
Goals of Phase II of Barricade
Negotiated Surrender or Tactical Resolution
SAU Standby Schedule
Wednesday through Wednesday
0601 hours to 0600 hours
SAU Vehicles in Response
SAU Vehicles with equipped lights and sirens comply with ARS 28-624 as Emergency Vehicle and may use emergency lights to gain rapid response and access to tactical scene.
Types of Resistance
1) Psychological Intimidation
2) Verbal Non-Compliance
3) Passive Resistance
4) Active Resistance
5) Active Aggression
6) Aggravated Active Aggression
Types of Breaching
Manual Mechanical Ballistic Explosive Vehicle Initiated
Mission Statement
The mission of the Special Assignments Unit is to provide tactical support to Precincts and Bureaus by responding to unplanned tactical events, executing high-risk search warrants, apprehending dangerous criminals, and assisting with incidents requiring specialized expertise and equipment.
