SPECIAL SITUATIONS: TECHNIQUES OF ARREST

[Music] [Laughter] [Music] 860 860 shift commander has requested your unit respond to accident scene take command of rescue and clearing problem qsl 860 wreckers crane and other emergency vehicles are enroute all units south district 1240 has intercepted wanted 68 chevy at southwest 112th street and third avenue a criminal act carries with it the burden of the pursuit guilt wears its own look and cannot help itself in looking back distant sirens suggest the truth and once the run begins the rabbit is in the road it is one of the most lonely moments man is cursed to understand with each step the man eliminates his choices cancels his alternatives until at last his possibilities close upon him and he's up against the end two final forces beat at this moment it is the most dangerous instant in police work you are under arrest and those are the most unequivocable words you will ever say you are under arrest this is the toughest moment of police function the most dangerous you are under arrest at this dead end free choice is a tiny hole in an absolute conclusion you're under arrest put your hands up in plain sight come on you're under arrest mr harrison i have a warranty [Music] [Applause] you're under arrest i want your hands in plain sight to step out of the car very slow no arrest is exactly like other arrests each is different there is no prescribed set of rules to cover every contingency the long arm of the law is a truth the law reaches out to express a responsibility the people it touches are all different some will react in fear or panic some in hatred and anger but to the law and to the police officer who enforces it it is a professional act rendered in behalf of the people it serves and protects this is the second of highest danger when the hand of the law touches the heart of the matter hold on [Music] [Music] an arrest is the taking seizing or detaining of the person of another either by touching or laying hands upon him or by any action which would indicate an intention to take him into custody and subjects the person arrested to the action control and will the person making the arrest murray will you be able to post a 1500 dollar bond no sir i'm afraid you're gonna have to stay with us until the 25th for court time [Music] as used in criminal law arrest signifies the apprehension or detention of the person of another in order that he may be forthcoming to answer an alleged or supposed crime any person who commits a crime may be arrested unless by statute or diplomatic status is privileged they're from an arrest is very serious business all around it is not a personal process between you and someone else it is an act which the officer performs in a carefully planned execution of the law he represents there is a mechanical almost totally professional mannerism which you must learn if you're to honestly represent the law if you are to contribute to a well-made case and if you are to protect yourself from serious physical harm [Music] while no arrest is the same the conclusion of every good arrest has but one sound in the ear of the person you operate look straight ahead a bad arrest rings in the ears of those you protect and reflects upon the community you serve every arresting officer must identify himself as a policeman even though the uniform speaks for itself [Music] [Applause] up against the wall spread them out get him back all the way even though every arrest presents special problems there are some basic rules of conduct which make it easier in most situations be forceful and aggressive not reticent or apologetic dominate the situation show who is in charge speak in a clear and decisive voice demand prompt and absolute obedience control any sign of nervousness or excitement avoid the use of profanity as it reflects a personal weakness be natural and business-like avoid acting tough or cocky avoid unnecessary conversation do not discuss the charge against the subject avoid unnecessary physical contact and be alert you're depriving someone of his freedom he can't be expected to like you you've caught him and pulled him up short these officers are on route to make an arrest under warrant generally speaking a warrant of arrest is a legal process issued by competent authority directing the arrest of a designated person or persons upon grounds stated therein in most jurisdictions the arresting officer should have the warrant in his possession at the time of the arrest in others he may be permitted to show the warrant as soon as possible following the arrest in all instances the officer whether arresting under a warrant or not must inform the subject that a warrant has been issued and state the cause of the arrest [Music] every arrest should be carefully planned and the plan should be executed as simply as possible with deliberate speed flexibility is mandatory as a rule two officers should affect the arrest of one person hey friend i'm officer skilling this is officer fine come on i got a warrant here for a dude by the name of william walker i think he's in 212. what do you want me to do [Applause] thanks in public buildings hotels terminals and business establishments where possible the management should be informed of your action and their support should be enlisted there are fundamentals which apply to every arrest situation the first is simplicity the plan of arrest should be as simple as possible so that each officer knows precisely what he is to do speed each officer should be able to move in any direction toward the accomplishment of the arrest at any given moment surprise early morning is usually the best time to make an arrest of this nature the object regardless of the time of day is to surprise the subject thereby taking him off guard and under control before he's able to collect himself or plan and escape superiority in manpower and fire power superiority is the best protection most subjects will submit peacefully when confronted with obvious superiority safety every arrest is dangerous there are hazards to bystanders and to the subject himself most often the hazard is to the arresting officers this is the moment of instantaneous decision when information and circumstance come together in the final act taking advantage of cover the officers have several choices to attempt to get the subject to open the door to use the pass key or to forcibly enter the room when an officer has the right to make an arrest he may use whatever force is necessary to apprehend the offender and affect the arrest if the offender offers no resistance the use of any force is illegal police wayne officers got a warrant here for your arrest charging you with armed robbery stand up face that wall real slow when force is used to gain entry the officer should carefully record in his report the circumstances leading to his decision the officer is treading upon the possibility that an otherwise valid arrest could be made illegal by his actions and he could face civil or criminal charges as a result the use of restraining devices should be governed by the officer's judgment at the time the subject's reputation for violence known criminal record and the stature of the subject physically any doubt should be resolved in favor of applying restraint i don't know anything about any robberies i don't know what you guys are doing here man i got right you got a right to know that i'm a police officer and that i've got a warrant for your arrest mr walker i'm going to advise you of your constitutional rights you have a constitutional right to remain silent you need not make any statements if you do not wish to do so should you talk to me any statement you may make in the miranda decision the united states supreme court held that certain safeguards were necessary to protect the subject from self-incrimination the fifth amendment to the constitution provides that no person shall be compelled in a criminal case to be a witness against himself although it is not ordinarily the arresting officer's responsibility or does he have general cause to conduct such interrogation he must abide by the miranda rules before asking any questions of the subject otherwise he will risk an illegal arrest the basic rule regarding search is that search requires a search warrant the most important exception to that rule is evident in this situation this is a search incident to arrest the courts hold that an arresting officer has the right without a search warrant and without regard to whether or not a warrant was issued permitting the arrest to search the subject and the things under his immediate control there must be a lawful arrest the arrest must precede the search the search must be of the person and of the area immediately surrounding him of which he could be said to exercise control this is a mistake which could jeopardize an otherwise legal arrest without a search warrant the limitations of the search are clear closed drawers are clearly illegal generally speaking a peace officer may arrest without warrant one who commits a felony or a misdemeanor in his presence an officer may also arrest without a warrant when a felony has been committed or he has reasonable grounds to believe the person has committed a felony a mere general suspicion is not enough to justify an arrest without warrant probable cause to arrest exists where the facts and surrounding circumstances of which the arresting officer has reasonably trustworthy information would justify a man of reasonable caution in believing that an offense has been committed and that the person to be arrested has committed it the officer's judgment regarding the usefulness of these tools is considered expert opinion and justify the arrest in this situation you're under arrest for possession of burglary in stopping this car removing the passengers and conducting a frisk of suspicious persons on the basis of reasonable belief that they might be concealing weapons which could be used against the officers a legal stop and frisk situation was created in most jurisdictions however the frisk power is not the power to search although the law permits a police officer to make an arrest without a warrant where a crime is committed in his presence an officer is not authorized to stop anyone on a public highway who is lawfully using that highway and take him into custody on the bare suspicion that he is violating the law the courts have held however that examining objects carried on the street or in plain sight within a car is not a search observing the burglary tools in plain sight after having stopped the vehicle for reasonable cause and effecting an arrest based upon the possession of the tools is a legal arrest situation the fourth amendment of the constitution protects against unreasonable search and seizure but the courts provided for certain relaxations of the law with regard to the search of motor vehicles hi andy yeah duck i think we hit the jackpot the movable vehicle exception permits the emergency search of an automobile when there is a possibility that its removal will result in the loss of evidence in a criminal matter if the officer had probable cause to believe a search was required he could have conducted such a search of this car without a warrant [Applause] so the mistake in this situation is in the handcuffing if in the judgment of the arresting officer handcuffs are to be applied they should be placed behind the subject's back and through his belt with thumbs up or the prisoner can be transported by handcuffing the subject with his arms placed beneath his legs and then securing the seat belt in this manner the subject should never be handcuffed to a stationary object never to a solid object within a patrol car [Applause] the arrest of a female subject can be one of the most difficult and demanding arrests made by the police officer treat a woman as a lady so long as she acts as one transport should be made by two officers a plan is essential and should be followed with dispatch and aggressively controlled moves so that it is quick and precise an officer attempting an arrest in the manor scene would have abandoned two of the principles of a successful arrest simplicity speed and surprise were present but superiority and safety were ignored and a simple arrest procedure has escalated to a shooting situation and a possible knifing the officer has no choice at this moment he has shot at an unarmed man fleeing legally in most jurisdictions the officer would be justified in shooting but to counter that legality is the matter of public opinion the possible racial clamor such an incident could provoke through poor planning the officer has compounded the difficulties of the arrest act putting himself and his department in an unnecessary and disadvantageous public position and endangered his own life one of the most common arrest judgment situations occurs in routine traffic patrol these routine situations always present the officer with dangerous possibilities the person stopped may be wanted on charges unknown to the officer he may be armed intoxicated or under the influence of narcotics the officer should be very attentive to the movements of the subject and should approach the situation with extreme care good afternoon i'm officer skilling may i please see your driver's license yes sir just the license plate [Music] what's wrong officer what did i do mr siegel you ran a red light i could swear the white was y'all when i went through it and i saw you and i just figured i'd had it my kid is very sick they called me from work to come home i've got to take the personal judgment of the officer is the only element in the arrest situation which acts to temper justice as a police officer you will hear every possible excuse for human behavior to believe or not to believe is a matter of personal judgment there will be stories which should be believed and people who should be permitted to continue upon their way without arrest or a citation the compassion and the objectivity of the officer must unite and the judgments as personal as they may be must be justified in fairness with reference to the public good mr siegel this one's on me you can consider it a warning thank you very much officer this is an example of the well-planned arrest employing the fundamentals of the successful arrest simplicity speed surprise superiority and safety during the active arrest phase this planning will pay off in a deficient procedure one officer will give all the commands officers receiving these orders will respond with orderliness two of the officers will act as covering parties crossfire will be prevented and the collection preservation and identification of legally seized evidence will be accomplished and the chain of evidence established you four in the bed don't move don't even quiver officer loomis take the four on the floor up against the wall you two sister let's go the danger of the arrest situation is always present planning and procedure reduce the dangers correct legal procedure is a must no arrests should be made without a thorough understanding of the legalities of search and seizure and without a clear appreciation of the subjects rights each arrest situation presents its own difficulty the officer's duty requires that he protect the rights of the accused as well as the safety of all persons including himself this is no place for the prejudiced the insensitive or the afraid this is the most dangerous of all police functions it demands intelligence and discipline at this moment in time the choices come down to that narrow conclusion of violence the man could have submitted peacefully attempted suicide waited for the help of confederates decided to flee or do as he did attempt to kill you every arrest situation carries its own conclusion its own danger 673 emergency 673 suspect in this 26 has been shot send me eastern in the squad also notify the duty captain in homicide qsl 673 when the hand of the law touches the heart of the matter anything can happen at best this youth can be stopped and turned around and given a new reason to respect society and its laws at worst a police officer can fail to protect the people he represents and fail himself as a professional officer of the law arrest is at once the end and the beginning how well it is accomplished how honestly legally and humanely it is done is the test of the professional you are under arrest you