Avoiding Liability in Force Encounters and Search & Seizure Activities

Certification

This course is certified by the Illinois Law Enforcement Training and Standards Board.

Training Mandates

• Civil Rights (6.0 hrs.)
• Constitutional Use of Law Enforcement Authority (2.0 hrs.)
• Procedural Justice (1.0 hr.)
• De-Escalation Techniques (4.0 hrs.)
• Law Concerning Stops, Searches and the Use of Force (2.0 hrs.)
• Officer Safety Techniques (1.0 hr.)

Description

Day 1: Advanced Search & Seizure

This is an impressively thorough, easily understood dissection of the laws surrounding a variety of searches and seizures. This is critical information for all law enforcement officers who arrest subjects, search vehicles, homes or individuals in pursuit of evidence, question suspects or witnesses and participate in other common law enforcement activities.

Day 2: Legally Justified; But Was it Avoidable?

Graham v. Connor established that the moment an officer uses force is all that matters when determining whether it was objectively reasonable. Further, it determined that this moment could not be judged “with the 20/20 vision of hindsight.” In other words, it doesn’t matter how that moment came about, only what happened during it.

That said, this legal doctrine does not—and should not—preclude officers, trainers and supervisors from examining cases with that 20/20 vision. With a goal of avoiding the avoidable we should look backward from the moment force was used and honestly assess whether the officer, through action or lack of action, contributed to its ultimate need.

Throughout the day we will analyze dozens of recent force videos and dissect the behavior and interaction dynamics of both the offenders and officers. Specifically, we will consider if poor or ill-advised tactics, ineffective communication, a lack of personal control and/or a lack of preparedness to handle acute stress led the officer(s) to escalate the event unintentionally and unconsciously.

Topics

• Detail the 3 Golden Rules of Search & Seizure that better your chances of courtroom success.
• Explore the factors that make a private search immune from Fourth Amendment reasonableness requirements.
• Explain the four “protected areas” shielded by the Fourth Amendment
• Define the concept of “curtilage” and what you can and can’t do in those areas.
• Help you learn to determine whether a search or seizure actually occurred. How do you decide?
• Explore the differences between a trespass search and a reasonable expectation of privacy search and their associated requirements.
• Discuss issues related to abandoned property; was abandonment intentional or inadvertent? Is lost property and/or garbage considered “abandoned”?
• Explain the parameters of warrantless searches.
• Analyzing whether force could have been avoided and the tactics and strategies that would have facilitated force avoidance.
• The impact of stress on officer behavior and decision-making and how it contributes to communication breakdown.
• The importance of “controlling the temperature” of encounters and ensuring that things don’t become unnecessarily pressurized and combative.
• The power—and acceptability—of mid-event disengagement.
• Communication skills that can avoid escalation and facilitate de-escalation and cooperation.

Instructors

Deadline

Please register for this course by February 10.