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DBEAT
Distance
Back-up
Empathy
Awareness
Time
Miranda v. Arizona 1966
Established procedural safeguards in order to secure an
individuals privilege against compulsory self-incrimination (5th
and 6th Amendment rights).
Miranda - Two things you need to give Miranda.
Officer must advise an individual of their Miranda Rights when
an individual is both:
• In custody/a custodial setting,
• Is being interrogated by incriminating questions from a peace
officer.
,6 factors that determine a Custodial Setting (State v. Reavley):
- Place of the interrogation
- Time of the interrogation
- Person(s) present (multiple officers, witnesses, detectives,
etc.)
- Was Miranda given?
- Length and mood of the interrogation
- Was the suspect arrested after the interrogation concluded
(this would suggest self-incrimination and Miranda must apply).
Legal Use of Force
• The Graham Standard (3 Parts)
- What is the severity of the crime?
- What threat does the suspect pose?
- Is the suspect resisting or avoiding arrest?
2 other use of force considerations.
-Did the subject obey clear commands?
- Was a warning given by officers prior to the use of force?
Graham v. Connor 1989
, This case determines that the level of force used by an Officer
must be objectively reasonable considering the totality of the
circumstances at the time the force was used.
Tennessee v. Garner 1985
Under the Fourth Amendment, when a law enforcement officer
is pursuing a fleeing suspect, the officer may not use deadly
force to prevent escape unless "the officer has probable cause
to believe that the suspect poses a significant threat of death
or serious physical injury to the officer or others."
3 Determining Factors for Deadly Force:
- Intent of the suspect to cause harm
- Ability of the suspect to cause harm
- Opportunity is present for the suspect to cause harm
Safety rules for Firearms - 4
-Treat all firearms as if they are loaded.
• Never point the gun at anything you do not intend to destroy.
• Keep your finger straight and off the trigger, away from the
trigger guard until ready to fire.
• Know your target, backstop and beyond.
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