THE ACADEMY – WEEK 2
LAWS OF ARREST
CRIMINAL CHARGING PROCESS
JUDICIAL PROCESS
This second class was absolutely fascinating, and very well presented by an officer with a Masters in Law Enforcement and a Jurisprudence Degree. He was a CountyProsecutor for several years, at the same time working part time as a patrol officer. He decided he preferred being a cop and now works full time as an officer. He was knowledgeable, personable, and presented the material in a clear, concise and sometimes humorous manner. Following is an outline of what he covered.
Laws of Arrest
A continuum of government intrusion will be covered, so that the participants can understand the different levels of intrusion that Officers can impose on citizens. The participants will learn when a police officer is legally able to make an arrest. They will be exposed to terms such as reasonable suspicion, probable cause, and proof beyond a reasonable doubt.
Criminal Charging Process
The participants will learn what happens after an officer makes an arrest. Then they will lerarn the difference between the city and county attorney and how/when they get involved with cases.
Judicial Process
The participants will learn trial differences and how/when judges get involved with cases.
A. The first subject he covered was Crime, and listed the following:
Undetected
Unreported
Reported
Discovered by Proactive Police Work
Officer Witnesses Crime in Progress
Officer sees suspicious Person/Activity
Obviously, these types are self-explanatory, and he gave us several examples such as in Undetected: a lawnmower taken from the garage when no one was home, and discovered much later. He gave an example of suspicious activity: a man at the back of a store/business, acting strangely, “up to no good.” He’s discovered would-be burglars with such as screw drivers and pliers in their possession, “tools of the trade.”
B. Police Are Limited by the Law
U.S. Constitution
Minnesota Constitution
Statutes
Court Decisions interpreting the above
The 4th Amendment is Search and Seizure.
He then gave a number of scenarios, asking the participants what they thought the police could do, and then gave the answer. See the following scenario:
You are on the street and receive an anonymous call that there is a white teenage male, wearing a flannel shirt, at the bus stop at 5th Avenue Plaza, and he has a gun.
He indicated that anonymous changes everything. If the teenager refuses a pat down, the officer can do nothing, but if it isn’t anonymous, he can ask for the ID and gun permit and the teenager can end up on the ground. The officer needs reasonable suspicion, such as wearing a flannel shirt in very hot weather and a bulge showing at the waistline under the shirt.
He gave several examples of Stops & Seizures, and asked the question, What is Reasonable Suspicion.
Reasonable Articulable Suspicion
Totality of the Circumstances
Nature of the call, time of day, area history
What about evasive conduct?
Officer’s training and experience
He gave the example of suspicious activity behind a store on Cahill Avenue, and asked the question, What is Reasonable Suspicion.
Reasonable Articulable Suspicion
Totality of the Circumstances
Nature of the call, time of day, area history
What about evasive conduct?
Officer’s training and experience
He gave the example of suspicious activity behind a store on Cahill Avenue at 2:00 a.m.
He then gave an example of a report of frequent visitors to a house (many cars), with the caller giving a list of the cars. In this case, the office indicated they get a search warrant.
There were many examples given, including one of a neighbor reporting someone apparently breaking into a house. In this case, the officer would go to the house, knock on the door and ask for the person’s ID. If the person says he owns the house, he would still ask for the ID, as a burglar wouldn’t tell the truth-he’d say he was the owner.
This reminded me of an experience I had quite a number of years ago. I was living in a first floor duplex, one with a screened-in front porch. I’d been out with friends, a live-in babysitter/housekeeper was home, and when I got home late, I couldn’t get in, nor could I rouse the babysitter. It wasn’t that my key wouldn’t work, but I had to climb in a window. The reason: My landlord had asked his brother to replace a faulty lock on the front door. The one he installed was a “closet lock” and could only be locked or unlocked from one side. With the lock on the inside, I could not use my key to get in. And this was a grown man who did that repair work!! My friend and I discussed whether it would be better to have the lock on the outside (pending the correction by the landlord). I pointed out that, if I wanted to lock up for the night, I’d have to go out on the porch, lock the door, and then would either have to unlock it again to go inside, or climb through a window. What if the police came, for example, to canvass? I’d have to climb out the window to let them in.
C. Questioning People in Custody
He indicated that you don’t have to read the rights (Miranda) until the person is in custody, but if you are getting answers, you have to read the rights. He then gave us the wording of the Miranda
D. Arrests
Laws dictate when an officer can make a custodial arrest:
Felonies
Misdemeanors
Generally not unless committed in officer’s presence
But there are many, many exceptions
Sometimes an arrest is mandatory.
Probable Cause Arrest
Arrests Pursuant to Warrant
36 Hour Rule
Must be brought before a judge, not counting day of arrest, Sundays, holidays
48 Hour Rule
A judge is usually called by phone
Form signed by officer
Straight 48 hours, nothing excluded.
He also covered the court system; however, I will cover that next week as I have to decipher my notes, which were written in semi-darkness (lights low because of huge computer monitor on the wall, much like a movie screen).
I thoroughly enjoyed this session, am so glad I was accepted into this class, and really look forward to the next class, when we will be shooting guns – or is it that they will be shooting at us, fortunately not with bullets. The coordinator told us to wear clothes that we wouldn’t care if they got dirty. It has me wondering what they’re going to do.
Joan K. Maze
