CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Perspectives
LESSON PLAN #:
I0296A
TRAINING UNIT:
Police Science
TIME ALLOCATION:
4.25 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
July 17, 1997
STATUS (New/Revised):
Revised-Feb. 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
The purpose of this lesson plan is to inform officers of the role of school resource officers in contemporary
policing, to define the school resource officer program, and to explain the roles and responsibilities of school
resource officers.
EVALUATION PROCEDURES:
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Classroom
Computer/LCD Projector
PowerPoint Presentation
1
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Perspectives
LESSON PLAN #:
I0296A
PERFORMANCE OBJECTIVES:
1.
Define Community Policing.
2.
List the four steps in the SARA problem solving method.
3.
Discuss the goals and perspectives of the School Resource Officer Program.
4.
Identify the three components of the SRO Triad Model.
5.
Identify indicators of a successful SRO.
6.
Identify potential allies and networking contacts to assist in problem solving.
7.
Define the duties of the School Resource Officer.
2
STATUS (New/Revised):
Revised-Feb. 2015
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Perspectives
I.
LESSON PLAN #:
I0296A
STATUS (New/Revised):
Revised-Feb 2015
INTRODUCTION
School Resource Officers (SROs) have a unique opportunity to strategically fit in the changing world of
law enforcement and contemporary policing strategies. School resource officers are prime examples of
community oriented policing, and thus, experience challenges, rewards, and accolades that patrol
officers do not. In certain respects, being a school resource officer is the most rewarding and most
challenging assignment in law enforcement.
When assigned as a school resource officer, the officer becomes the wearer of many hats, including the
fundamental roles of law enforcement officer, law-related educator, and law-related counselor.
Oftentimes, the SRO must transition through these roles daily to serve the needs of students, school
staff/faculty, and the surrounding community.
In this block of instruction, you will be introduced or re-introduced to the philosophy of community
policing and how being an SRO fits into the equation. The School Resource Officer Program will be
explained in regards to the history, implementation, and roles of the program. Discussion will be
encouraged to assist in establishing the SRO perspective and understanding of the assumed roles and
responsibilities. Understanding the connection between Community Policing and SRO programs, you,
and a few of your classmates will be asked to draw from your knowledge, the information delivered
during this block, and your experience to “handle” an assigned scenario.
II.
BODY
A.
COMMUNITY POLICING DEFINED
Community Policing is defined as:
1.
“Community policing is a philosophy that promotes organizational strategies, which
support the systematic use of partnerships and problem-solving techniques, to proactively
address the immediate conditions that give rise to public safety issues such as crime,
social disorder, and fear of crime”. The goal of Community Policing is to improve the
overall quality of life in the specified area. (National Crime Prevention Council, 2013)
2.
Community policing is a canopy for various forms of prevention programs.
3.
a.
School Resource Officer (SRO)
b.
Bicycle Patrol
c.
Neighborhood/Community Watch
d.
DARE
e.
GREAT
f.
Specific Patrol
g.
Citizen Academy/Police Explorer
Community policing is not a program.
3
4.
Community policing is based on establishing strategic alliances.
a.
Law enforcement must develop a strategic alliance (strategic fit) with the
community. This can be problematic because of the inherent nature of policing
because of the police “command and control” mentality. Building bridges of trust
to the community is essential for an alliance to exist.
b.
Communication is the key to building working partnerships and strategic alliances
to address community problems. The mission statement of your department and
programs must be communicated to the “powers that be,” including, but not
limited to, county and city councils, superintendents and school boards, parentteacher organizations, churches, business associations, and civic groups. There
are, however, a few rules to keep in mind when opening communication
networks:
(1)
Do not expect voluntary compliance from citizens based solely on the
verity that you are in a position of authority.
(2)
Know your audience and realize you are on their turf.
Example: County Council – Submit a formal proposal in advance and
present it from a business point of view.
Example: Department of Education – Dot your “Is” and cross our “Ts”.
Use appropriate terminology and grammar.
(3)
Communicate the importance of participation and assistance of your
audience.
Results: Empowerment and Strategic Alliance
(4)
5.
Empowerment is defined as “giving power or
(http://dictionary.reference.com/browse/empowerment)
authority
to.”
(a)
Everyone has a part in the decision-making and problem-solving
process.
(b)
The community assumes the responsibility for what goes on in its
community and partners with law enforcement in finding solutions
to its problems.
What are the Eight “P”s ?
“A PHILOSOPHY of full service, PERSONALIZED POLICING, where the same officer
PATROLS and works in the same area on a PERMANENT basis, from a decentralized
PLACE, working in PARTNERSHIP with citizens to identify and solve PROBLEMS”.
(National Crime Prevention Council, 2008)
B.
4 STEP SARA PROBLEM
SARA Model
1.
Scanning – Take a look at the situation and determine whether there is, in fact, a problem.
2.
Analysis – Consider the cause of the problem.
a.
Appearance/symptoms
b.
Surroundings
4
c.
Issues impacting the problem
d.
Politics
e.
Environment
3.
Response – Develop a solution.
4.
Assessment – Consider the impact of the results over time.
(National Crime Prevention Council, 2013)
C.
THE SCHOOL RESOURCE OFFICER PROGRAM
The School Resource Officer Program places a law enforcement officer in a school full-time to
provide a variety of support programs and services to the students and staff. The overall goals of
the program are to maintain a safe and secure learning environment on the school campus,
influence the development of positive attitudes by youth towards the law enforcement
community, and to reduce juvenile crime through the use of intervention strategies, proactive
policing, and networking.
The SRO program is a community policing approach practiced within a school environment. In
most instances, a one officer per school deployment is advocated. Generally speaking, this
provides the maximum benefit for the school and the sponsoring law enforcement agency. The
school becomes the officer’s beat; therefore, both the law enforcement agency and the school
should have significant input into who is chosen to fill these important slots.
1.
2.
History
a.
1958 – Flint, Michigan
b.
1960s – Florida, Arizona, Minnesota, Illinois
c.
1980 – Wisconsin
d.
1990s – Explosive growth throughout the U.S.
Definition of School Resource Officer
a.
Federal Definition
(1)
Law enforcement officer deployed to work in collaboration with schools.
(2)
Address crime problems at school.
(3)
Develop and educate students on prevention and safety issues.
(4)
Develop or expand community justice initiatives for students.
(5)
Train students in conflict resolution, restorative justice, and crime
awareness.
(6)
Identify CPTED enhancements.
(7)
Assist in developing school policies that address crime.
(North Carolina Department of Juvenile Justice Delinquency Prevention, n.d.)
b.
North Carolina Definition
(1)
Law enforcement.
(2)
Law-related counselor.
5
(3)
Law-related education teacher.
(4)
Comprehensive resource.
(5)
Permanently assigned to schools.
(http://www.ncdjjdp.org/cpsv/pdf_files/SRO_2003_2004.pdf)
c.
South Carolina Definition [as written in the South Carolina Code of Laws, as
Amended §5-7-12]
For purposes of this section, a "school resource officer" is defined as a person
who is a sworn law enforcement officer pursuant to the requirements of any
jurisdiction of this State, who has completed the basic course of instruction for
School Resource Officers as provided or recognized by the National Association
of School Resource Officers or the South Carolina Criminal Justice Academy, and
who is assigned to one or more school districts within this State to have as a
primary duty the responsibility to act as a law enforcement officer, advisor, and
teacher for that school district.
The governing body of a municipality or county may upon the request of another
governing body or of another political subdivision of the State, including school
districts, designate certain officers to be assigned to the duty of a school resource
officer and to work within the school systems of the municipality or county. The
person assigned as a school resource officer shall have statewide jurisdiction to
arrest persons committing crimes in connection with a school activity or schoolsponsored event. In all circumstances in which a school resource officer arrests a
student for a misdemeanor offense, the officer may issue a courtesy summons to
appear to a student involved in the particular incident in connection with a school
activity or school-sponsored event. Notwithstanding another provision of law, a
student arrested for a misdemeanor offense by a school resource officer must have
a bond hearing in magistrate court within twenty-four hours of his arrest. When
acting pursuant to this section and outside of the sworn municipality or county of
the school resource officer, the officer shall enjoy all authority, rights, privileges,
and immunities, including coverage under the workers' compensation laws that he
would have enjoyed if operating in his sworn jurisdiction."
D.
THE TRIAD CONCEPT
1.
Law Enforcement Officer
As a law enforcement officer, the SRO maintains a safe and secure environment
conducive to an educationally stimulating atmosphere. The SRO attempts to prevent
criminal activities and disturbances at the school and reacts professionally when criminal
situations arise. The SRO also develops positive supporting relationships with his/her
students. A tremendous benefit of working within the same school continually is that the
officer has the opportunity to know the individual students and their particular needs. By
using all of these approaches the SRO becomes an integral part of the educational
process, not just another security guard waiting to arrest the next student who steps out of
line.
2.
Law-Related Educator
As a law-related educator, the SRO will find many school subjects in which law-related
education can be incorporated. An SRO is trained in the law and has a unique perspective
when translating that experience into the classroom. Be creative – almost all of your law
6
enforcement training can be directly applied to classroom subjects. Obviously, your
training in the law can be applied to civics and government classes. Search and seizure,
cultural diversity, criminal law, and many other topics have application in the health or
physical education classes. Other topics like report writing can be used in reading and
English classes. RADAR and accident reconstruction could be used in math and physics
classes, while the operation of the Breathalyzer or DataMaster machine could be
discussed in a chemistry lesson. Coaching sports also provide an excellent avenue for a
SRO to impact the lives of students and parents alike.
Often the perspective that a SRO brings to the classroom is one that students crave, but to
which they are not exposed. The SRO can also interject the “accurate” story in many
situations and dispel myths and rumors that students have concerning their interaction
with government in general, and more specifically, law enforcement.
3.
Law-Related Counselor
As a counselor, the SRO serves as a resource to the students, their parents, and the school
faculty. Students will often first approach you with personal, scholastic, family, or lawrelated problems. By networking and developing response checklists, the SRO is
prepared to refer persons in need to appropriate agencies that can assist them. This is
probably
the
most
dynamic
aspect
of
the
SRO’s
assignment.
(http://www.scasro.org/HISTORY.htm)
E.
INDICATORS OF A SUCCESSFUL SRO
Generally speaking, SROs possess three qualities that help make them successful.
1.
Positive Role Models
Students learn from each encounter with an SRO; and, hopefully they are learning from a
positive role model who endorses high moral standards, uses good judgment, is consistent
and fair, respects all students, and displays a sincere concern for the school community.
SROs must maintain a professional appearance, be visible in their communities, and be
accessible and willing to talk to students. SROs must give extra time to their school
communities and participate in extracurricular activities such as athletics, band, and PTO.
SROs must be willing to talk to parents and community leaders, as well as maintain
professional relationships with school administrators, faculty members, and staff.
2.
Resource to Their Community and School
Successful SROs also serve as a resource for their communities. The SRO must be
knowledgeable of a variety of community and government services. SROs are resources
to their police agencies by providing intelligence on gangs, juvenile crimes, burglaries,
drugs, auto theft, vandalism, etc. They are also resources for their schools. Commonly,
the SRO’s office is a clearinghouse of information about topics such as crime prevention,
alcohol and other drug abuse, pregnancy prevention and other public health issues, and
other public assistance agencies such as rape crisis and domestic abuse shelters.
3.
Positive Liaison Between Their Agency and Their Community
As a liaison, the SRO assists in solving community concerns related to their students and
the communities and businesses surrounding the school. The resolution to these problems
frequently require the officer to refer students/parents to professional services within both
the school (guidance counselors, social workers) and the community (family court, youth
and family service organizations). (Raymond, 2010) In particular, SROs often build
relationships with juvenile justice counselors, who are responsible for supervising
7
delinquent youths, connecting them with needed services, and recommending
diversionary activities.
F.
SOLVING PROBLEMS
As a school resource officer, you will have the opportunity to assist in addressing and handling
various problems and situations. The probability that a situation is handled effectively and
professionally is greater when the SRO has prepared for handling situations through networking
and planning. Although it is virtually impossible to prepare for every possible situation or event,
it is a good idea to plan for as many as possible. Discussion between the SRO and school
staff/faculty of various scenarios should be continuous to mentally prepare for situations that
could arise.
1.
With whom do you network? Theoretically, you want to make contact with everyone on
your campus and with members of the surrounding community. The following list,
though not exhaustive, suggests those with whom you may want to contact. Explain what
your role is as the SRO and discuss expectations during problem solving and crises.
a.
b.
School District Personnel
(1)
Superintendent
(2)
School Board
(3)
School Administration
(4)
School Staff (including custodians, lunchroom staff, security monitors,
secretaries, nurse, etc.)
(5)
School Faculty (including counselors, substitutes, etc.)
Local Law Enforcement Agency
In many cases, the SRO may work for a county sheriff’s office, but be assigned to
a school located in a municipality. The municipal police officers can be a great
asset to you, and you to them. If the SRO works for the local agency, regular
contact should be made with officers who patrol the community around the
school.
c.
Solicitor’s Office
d.
County Agencies and Resources
e.
(1)
Department of Juvenile Justice
(2)
Department of Social Services
(3)
Public Health Department
(4)
Hospitals and Medical Clinics
(5)
Alcohol and Drug Abuse Councils
(6)
Department of Mental Health
(7)
Employment Security Commission
Community Groups
(1)
Parent-Teacher Associations
(2)
Kiwanis Club
(3)
Girl Scouts and Boy Scouts
8
2.
(4)
Rotary Club
(5)
Merchants
(6)
Others
Taking Action
An SRO will undoubtedly be faced with an array of problems and challenges. School
resource officers should handle situations in such a manner that promote the good of the
students, school faculty/staff, the school, and the community at large. In many situations,
the SRO will have to be creative and enlist the assistance of those with who contact and
alliances have been made.
Problems can be solved. Use the resources you have in your school and community to
address the actual problems, not just the symptoms of the problems.
Keep this in mind: not all students who act out need to be “locked up.” Many students
who act out are in need. As in any problem solving situation, look at the total picture and
take into consideration underlying issues that can be addressed, rather than confining the
student.
G.
DUTIES OF THE SRO
A Memorandum of Understanding or a Memorandum of Agreement (MOU or MOA) is a
necessity for School Resource Officers and School Districts. A Memorandum of Understanding
is not a binding document, but a document of tasks to be performed by the participating agencies
that are already operating within the scope of their legal duties. This will clearly delineate the
roles and responsibilities of each member agency. Memorandums of Understanding are designed
to be adjusted and changed as the relationships change, unlike a contract. When developing a
Memorandum of Understanding between School Districts and Police Agencies the MOU/MOA
is meant to be used as a policy making tool that sets forth a plan of action between the school and
agency. It establishes and promotes a good working environment and relationship between the
school resource officer, the school administration, and other community organizations. The
overall purpose of a MOU is to promote and establish a safe working and learning environment
for the SRO, students, faculty, and staff at school. The MOU/MOA should be reviewed and
updated yearly as the principal, SRO and/or duties may change from year to year.
MOUs/MOAs address many issues that are associated with police officers in schools and help to
solve these issues before they become a problem. Many MOUs/MOAs address chain of
command and whom the officer works for, as well as how much money the school district will
contribute towards the officer’s base salary and overtime pay for school events, sporting events,
field trips, etc. Many contracts also include procedures that the school must take if a
disagreement and/or personality conflict occurs between the SRO and principal. Many of these
clauses place the responsibility on the police agency head to decide when mediation will occur
and/or replacement of the School Resource Officer.
This contract also establishes which agency is responsible for what. The school will be
responsible for providing the School Resource Officer with a private office (that ONLY the SRO
has access to) that includes a computer, air condition, electricity, a phone, lockable filing cabinet,
desk, and a chair. This office should be in a tactical location inside the school. The department
will be responsible with providing a Class 1 police officer who will be assigned to the school on
a full-time basis of 8 hours a day. It should also be mentioned that the officer might have to leave
the school temporarily for arrest, court, illness and/or for emergency law enforcement duties;
however, the School Resource Officer should advise the principal as soon as possible whenever
these issues arise.
9
Since there can be some confusion on the part of the schools about what the SRO’s duties are it
is important that the job duties are listed in the MOU/MOA. School Resource Officers may be
tasked with many responsibilities while in their schools; the following list is some of the
recommended job duties that may be required of the School Resource Officer.
1.
The SRO shall act as an instructor for law related education. The scheduling for the
teaching is to be coordinated with the school administration and teachers.
2.
The SRO shall develop an expertise in presenting the various law related subjects.
3.
The SRO shall encourage individuals and small group discussions with students, based
upon material presented in class to further establish rapport with the students.
4.
When requested by the principal, the SRO shall attend parent/faculty meetings to solicit
support and understanding of the program.
5.
The SRO shall make himself/herself available for conferences with students, parents, and
faculty in order to assist with problems of law enforcement or crime prevention in nature.
6.
The SRO shall assist the principal/administrators in developing plans and strategies to
prevent or minimize dangerous situations.
7.
The SRO shall not act as a school disciplinarian, as disciplining students is a school
responsibility. However, if the incident is a violation of the law then the principal shall
contact the SRO. The SRO will make the determination if a law has been violated and/or
if it warrants further law enforcement action.
8.
The SRO shall NOT perform regularly assigned duties such as lunchroom duties, hall
monitoring, etc. If there is a problem area, the SRO may assist the school until the
problem is solved.
9.
The SRO shall, whenever possible, attend school functions.
10.
The SRO shall maintain detailed records of the operation of the SRO Program and shall
submit other reports of the instructional nature, as required by the principal or school
staff.
11.
The SRO shall be temporarily assigned by the Chief/Sheriff during school holidays,
vacations, or during a police emergency.
12.
The SRO shall inform his/her principal and/or the principal’s designee as soon as is
reasonably possible whenever he/she is conducting police interviews with students and
will adhere to department policies, South Carolina laws, and the United States
Constitution.
13.
The SRO shall take law enforcement action, under the authority of law to determine if a
crime has been committed and/or to investigate a possible criminal act. The SRO will
notify the principal, as soon as is reasonably possible, if any law enforcement action is
required.
(Model SRO MOU - COPS Funded, n.d.).
III.
SUMMARY
With the tremendous growth in criminal activity everywhere, law enforcement has no choice but to
evaluate its role in society. Limited manpower and resources demand better management skills in order
to use what is at a department’s disposal. Establishing a partnership with the community and solving
problems instead of treating symptoms are critical to improving life for all. Community oriented
10
policing puts control back in the hands of law-abiding citizens and out of the hands of the criminal.
Utilization of school resource officers is just one, although extremely effective, strategy in the
community policing philosophy.
Although School Resource Officer programs have been implemented for nearly half a century, the
concept experienced tremendous growth in high schools and middle schools during the 1990s. Fueled by
national headlines in 2012, SRO programs have extended into every level of the school system. SROs
have a unique opportunity to change their communities through contact with students, building bridges
and being a positive role model.
Developing and maintaining professional relationships with a plethora of school-related and community
resources can assist the SRO immensely, and can promote positive changes in the community. The
school resource officer will face many challenges, but can address them and effectively solve problems
using a system of resources. Although treating the side effects and symptoms of problems is important,
correcting or controlling the roots of problems is vital. As an SRO, an officer should always look for the
source of a perceived problem and focus action on the source. Innovation and creativity – thinking
outside the box – can promote effective change. Community policing necessitates thinking outside the
box. Problems cannot be solved until the actual problem is defined. In this respect, problems created by
students may be corrected short-term through 48 hours of detention; however, if the cause of the
student’s acting out is identified and corrected; the problem may be changed for a lifetime.
11
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Perspectives
LESSON PLAN #:
I0296A
STATUS (New/Revised):
Revised-Feb. 2015
1.
National Crime Prevention Council, (2008), Retrieved August 22, 2013,
http://www.ncpc.org/search?SearchableText=improving+police+community+relations
2.
North Carolina Department of Juvenile Justice Delinquency Prevention. (n.d.). School Resource
Officers: What We Know, What We Think We Know, What We Need To Know. (P. 3)
http://www.ncdjjdp.org/cpsv/pdf_files/nij_sro_rpt.pdf
3.
North Carolina Definition of an SRO. Retrieved
http://www.ncdjjdp.org/cpsv/pdf_files/SRO_2003_2004.pdf
4.
Section 5-7-12. School resource officers; procedures for certain arrests; jurisdiction; employment
rights (2011). http://www.scstatehouse.gov/code/t05c007.htm
5.
History of School Resource Officers.
http://www.scasro.org/HISTORY.htm
6.
Raymond, Barbara. (2010). Assigning Police Officers to Schools. (P-4). Retrieved September 05,
2011,
from
http://www.cops.usdoj.gov/files/RIC/Publications/e041028272-assign-officers-toschools.pdf
7.
Model SRO MOU - COPS Funded. (n.d.). Retrieved
http://www.arsafeschools.com/Files/ModelSROMUCOPSFunded.pdf
8.
Microsoft ClipArt 2007
9.
Empowerment. (n.d.) www.dictionary.com Retrieved
http://dictionary.reference.com/browse/empowerment
10.
National
Crime
Prevention
Council.
Retrieved
August
http://www.ncpc.org/search?SearchableText=community+policing
(n.d.).
August
Retrieved
from
22,
August
22,
August
August
2013,
2013,
from
from
from
5,
2011,
from
22,
2013,
from
24,
2013,
from
Sources from previous authors
11.
National
Crime
Prevention
Council.
Retrieved
http://www.CommunityPolicings.usdoj.gov/default.asp?item=36
August
24,
2011,
from
12.
National
Crime
Prevention
Council.
Retrieved
August
http://www.CommunityPolilcings.usdoj.gov/default.asp?item=36
24,
2011,
from
12
Perspectives on Personality
Describe yourself. The lines below indicate groups of words in rows. Score each group of words giving
yourself (4 points) for the descriptor most like you, (3 points) for the second most like you, (2 points) for the
third, and (1 point) for the descriptor that is least like you. Each number in each row must be used once with no
number repeating. When finished add up the total number of points in each column and write it in the
corresponding blank at the bottom of the page.
Active
Opportunistic
Spontaneous
Competitive
Impetuous
Impactful
Realistic
Open-Minded
Adventuresome
Daring
Impulsive
Fun
Exciting
Courageous
Skillful
Parental
Versatile
Traditional
Inventive
Responsible
Competent
Authentic
Practical
Curious
Sensible
Conceptual
Dependable
Knowledgeable
Unique
Loyal
Theoretical
Conservative
Seeking
Organized
Ingenious
Devoted
Concerned
Determined
Procedural
Complex
Cooperative
Composed
Tender
Orderly
Philosophical
Conventional
Principled
Caring
Rational
Vivacious
Harmonious
Compassionate
Empathetic
Communicative
Warm
Poetic
Inspirational
Dramatic
Affectionate
Sympathetic
Total
ORANGE
GOLD
BLUE
13
GREEN
WHAT DOES IT MEAN?
GOLD
Structured, organized, list of descriptive terms looks like the Boy Scout motto; rules,
regulations, honest, trustworthy, integrity. Don’t like people who don’t follow rules.
Hate Change.
GREEN
Analytical, value knowledge, learning, education, academic pursuits and pursuit of
understanding. Often accused of being arrogant and prideful but that’s only because
they are pleased with their ingenuity. As kids, often accused of being smart mouthed;
may not be as great at relationships because care so much about processes and
things; will figure out a problem that everyone else feels is impossible.
BLUE
Heart, feeling, motto: “can’t we all just get along?”; hate conflict, controversy, will
sacrifice own feelings to keep the peace; if something is said in a group setting that
hurt another’s feelings, blue will try to smooth over; value relationships, peace, family,
friends, emotion.
ORANGE
Love change, easily bored, guilty of stirring the pot by something they say or do. Don’t
mind inspiring people with controversy; like action and reaction to promote change;
innovative, high energy. Likely to see competition, sports on a list of things that give
them pleasure.
14
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
LESSON PLAN #:
SRO/Writing a Memorandum of Understanding I0296B
(MOU)
TRAINING UNIT:
Police Science Unit
PRIMARY INSTRUCTOR:
Anthony Ayers
STATUS (New/Revised):
Revised Feb. 2015
TIME ALLOCATION:
1.75 Hours
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
September 23, 2003
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To instruct School Resource Officers on their involvement in the writing a MOU between their police agency
and the school district.
EVALUATION PROCEDURES:
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
PowerPoint
Laptop
Handouts
Screen
15
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
LESSON PLAN #:
SRO/Writing a Memorandum of Understanding I0296B
(MOU)
STATUS (New/Revised):
Revised Feb. 2015
PERFORMANCE OBJECTIVES:
1.
Design and implement a Memorandum of Understanding for a School Resource Officer Program.
16
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
LESSON PLAN #:
SRO/Writing a Memorandum of Understanding I0296B
(MOU)
I.
STATUS (New/Revised):
Revised Feb. 2015
INTRODUCTION
A.
OBJECTIVES
Design and implement a Memorandum of Understanding for a School Resource Officer
Program.
B.
INTRODUCTION STATEMENT
A Memorandum of Understanding/Memorandum of Agreement should be a flexible document
that has been designed to be modified and adjusted as the relationship changes and matures. A
MOU is a necessity for School Resource Officers and School Districts. The MOU allows the
Parent Police Agencies, and school districts to work together to promote faculty, staff and
student understanding of laws and the criminal justice system. All of the collaboration helps to
improve the image of law enforcement officers in the eyes of students and the community. It also
establishes and promotes a good working environment and relationship between the school
resource officer, the school administration, and other community organizations. The overall
purpose of a MOU is to promote and establish a safe working and learning environment for the
SRO, students, faculty, and staff at school.
II.
BODY
A.
DESIGN AND IMPLEMENT A M.O.U. FOR SRO PROGRAM
1.
Purpose of a Memorandum of Understanding - A Memorandum of Understanding is used
to set parameters and guidelines between agencies that have on-going partnerships. A
Memorandum of Understanding is not a binding document or contract, but a document of
tasks to be performed by the participating agencies that are already operating within the
scope of their legal duties. It will clearly delineate the roles and responsibilities of each
member agency. Memorandums of Understanding are designed to be adjusted, and
change as the relationships change, unlike a contract. When developing a Memorandum
of Understanding between School Districts and Police Agencies the MOU is meant to be
used as a policy making tool that sets forth a plan of action between the school and
agency.
(SRO Performance Evaluation: A Guide to Getting Results, 2005)
2.
What are your goals and objectives for a MOU? The following is a list, but is not
conclusive; additions and deletions can be made, as necessary.
a.
Establish the working relationship between the Police Agency and School
District.
b.
Set the framework, guidelines and policies needed to operate an effective School
Resource Officer Program.
c.
Confirm the job duties and responsibilities of all persons and/or agencies involved
in the Memorandum of Understanding.
d.
Differentiate between school policy adherence and law enforcement necessity.
17
3.
Who are the key players in the MOU? Key players may include, but are not limited to the
following:
a.
b.
c.
4.
Police Agency - Are there overlapping jurisdictions? You may have more than one
Police Agency involved in the MOU. For example, there could be a school that
has a Deputy Sheriff, as an SRO, in a school within city limits. Therefore, you
would have the Sheriff’s Office and City Police Department involved in the
MOU. The following people should be involved in the writing of the MOU from
the Police Agency:
(1)
Sheriff and/or Chief
(2)
School Resource Officer
(3)
Supervisor of the School Resource Officer
(4)
Department Attorney (if one is available)
School District
(1)
District Superintendent
(2)
School Principal
(3)
Assistant Principal
(4)
School Attendance and/or Truancy Supervisor
(5)
School District Attorney (if one is available)
Other optional key players
(1)
Any other state agencies and/or community organizations that may be
involved with the school and/or police department.
(2)
Probation, Pardon, and Parole – Adult and Juvenile (If there are a lot of
students at your school on Probation and/or Parole.)
(3)
Truancy Officer/Attendance Secretary – If your school has a high number
of students who are truant from school.
(4)
Department of Mental Health, Department of Juvenile Justice, and/or
School Counselor/Psychologist – This person will provide resources for
you if you need to make referrals.
(5)
County Emergency Services Personnel – Can be used as a resource for law
related education and also when writing your Crisis Response Plan.
What tasks is each player responsible for? Each player will be listed with all of his or her
responsibilities to follow. Some tasks may include, but are not limited to, the following:
a.
School District/Administrator
(1)
Will be responsible for reimbursing the full amount and/or a portion
thereof to the Police Agency for the School Resource Office’s salary, cost
of the officer’s equipment, officer’s vehicle, and any overtime incurred
during additional school functions. The School Resource Officer is still an
employee of the Police Agency and will answer to his/her chain of
command at their Police Agency.
18
(2)
Will be responsible for establishing a liaison that the School Resource
Officer will work in partnership with to reach the goals contained in this
Memorandum of Understanding (i.e., the liaison will be the Assistant
Principal).
(3)
Will be responsible for reporting all violations of the law to the SRO for
follow up, investigation, and reporting purposes.
(4)
Will be responsible for providing the School Resource Officer with an
office within the school campus, with a telephone and computer access.
(Kentucky center for school safety school resource officer (sro) program
Assessment instrument, n.d.).
b.
Police Agency/School Resource Officer
(1)
Will provide one full-time police officer to Anywhere High School to be
utilized as a School Resource Officer.
(2)
The SRO will be assigned to the school during school hours on a full-time
basis, eight (8) hours per day.
(3)
The SRO shall work in partnership with the school liaison to plan and
implement strategies to prevent and/or minimize dangerous situations that
may arise in the school.
(4)
The SRO is a Law Enforcement Officer who is responsible for
investigating all criminal activity that occurs on school grounds and/or
involves a student from their school.
(5)
The SRO will notify/inform the principal of all law enforcement action
against a student or staff as soon as possible under the authority of the law.
(6)
The SRO will be allowed classroom time to instruct Law Related
Education.
(7)
The Police Agency will provide a drug dog to conduct searches of the
school once every three months.
(Model SRO MOU - COPS Funded, n.d.)
c.
d.
Probation, Pardon, and Parole
(1)
Provide School Administrator and SRO with names of students on
probation and/or parole.
(2)
Advise SRO and/or School Administrator when students have violated
their probation and/or parole and are going to be picked up.
Department of Mental Health, Department of Juvenile Justice, and/or School
Counselor/Psychologist
(1)
Provide the SRO and/or School Administrator with alternatives for trouble
students.
(2)
Provide referrals for students to enter into programs offered by these
agencies.
19
e.
5.
County Emergency Services Personnel
(1)
Will provide emergency response to the school.
(2)
Will also provide safety education to the students.
What resources are needed to complete each task?
a.
b.
c.
d.
e.
School District/Administrator
(1)
In-service training in Legal Issues and Mandated Reporter Laws
(2)
In-service training in Gang Recognition
(3)
A clear understanding of the SRO’s job and duties
(4)
In-service training in narcotics recognition
(5)
Training for the SRO on School Policies and Procedures.
Police Agency/School Resource Officer
(1)
Teaching time in the classroom, with the school staff, and PTA/PTO
group
(2)
Knowledge of local and state agencies for referral purposes
(3)
Knowledge of school programs and counselors/psychologist for referrals
and assistance in personal student matters
Other Key Players – Probation, Pardon and Parole
(1)
Knowledge of students that are on Parole and/or Probation
(2)
Information sharing between all partners when the student is truant from
school violated their probation and/or parole, and causing disruptions in
the classroom and/or school.
Other Key Players – Department of Mental Health, Department of Juvenile
Justice, and/or School Counselor/Psychologist
(1)
Knowledge of special school and/or district programs that students can be
referred too; i.e. to deal with discipline issues, special needs, and/or
latchkey kids
(2)
Can make referrals and assist students that have issues involving family
problems, possible suicide attempts, and other personal and/or family
issues
(3)
Training for the SRO in IEPs, IAPs, and other issues involving special
needs students
Other Key Players – County Emergency Services Personnel
(1)
Information sharing between all players on fire and medical response to
the school in an emergency situation. It should be used in your Crisis
Response Plan.
(2)
Assist the SRO in instructing students on safety issues and concerns in the
school.
(Model SRO MOU - COPS Funded, n.d.).
20
6.
Are there any legal issues that need to be addressed with any of these tasks?
a.
b.
Searches and Seizures-Administrator vs. Police Officer
(1)
New Jersey TLO (School Search law)
(2)
4th Amendment (Law Enforcement law)
Mandated Reporter Law
SC Statute 63-7-310 Teachers, Principals (school officials), Police Officers,
Physicians, Members of Clergy, Film Processors, Computer Technician, etc.
c.
Violation of law vs. discipline issues
Is this incident a crime, school discipline issue or both?
d.
e.
Releasing/accessing student information
(1)
Is the student a juvenile?
(2)
Can the student information be released to the public?
Investigation of criminal offenses
Who takes the lead on investigating criminal offenses that occur on school
grounds? (School or law enforcement)
f.
Interviewing and interrogation of students
Will SRO’s be allowed to interview students without administrators present?
g.
SRO duties and responsibilities vs. school security issues
Who’s responsible for school crossing guard duties and traffic detail? (SRO or
security)
h.
Evidence collection/chain of custody
What do school administrators do with contraband seized from students?
(Model SRO MOU - COPS Funded, n.d.)
7.
Wording your Memorandum of Understanding – There is no standard MOU for SROs
because all relationships are different from police agency-to-police agency and school-toschool. However, there are many sample MOUs out there that you can use to guide you
in creating the MOU that works best for your police agency and school. When designing
your MOU be aware of the following problems that may arise.
a.
General/Generic Memorandum of Understanding
(1)
Advantages
(a)
May have more appeal because this is the first time that a MOU
has been written by your agency
(b)
May appear more flexible and least restrictive
21
(2)
(c)
May appear to have easier district wide implementation because it
is generic
(d)
May also work well if there is a good relationship between the
SRO and the school administration
Disadvantages
(a)
Everything is too vague because nothing is clearly defined. For
example:
i.
May not define the SROs chain of command and to whom
the SRO must report
ii.
It may not have provisions of the SRO’s work schedule, or
how to handle over-time/compensation time, such as:
working football games.
iii.
It also may not spell out all of the duties of the SRO, and
therefore the SRO may not be allowed to perform them
because they were not listed in the MOU. Examples could
be: instructing Law Related Education and/or writing and
implementation of a Crisis Management Plan.
(b)
Cannot work if there is a poor relationship between the SRO/Police
Agency and the School Administrator/School District
(c)
May not spell out specific legal issues and how or who should
handle them in the school. Such as:
i.
Who conducts searches and when?
ii.
Who interviews and/or interrogates students?
iii.
Reporting issues
iv.
Who investigates criminal cases in the school?
(Model SRO MOU - COPS Funded, n.d.)
b.
Specific Memorandums of Understanding
(1)
(2)
Advantages
(a)
Clear and specific guidelines to follow
(b)
All job duties and responsibilities are listed.
(c)
Smaller margin for error or misunderstanding
Disadvantages
(a)
It is impossible to plan for every situation that could occur in a
school setting, so do not back yourself into a corner.
(b)
The more specific the MOU is, the more restricted you may be in
conducting a search and/or investigation in your school.
22
8.
Drafting Your Memorandum Of Understanding
a.
Each agency and/or key player will review a draft of all the information collected.
b.
All of the information will be compiled and written in a Memorandum of
Understanding format.
c.
The Memorandum of Understanding will include dates for implementation and
the duration of the agreement.
d.
Each agency head will be responsible for signing the Memorandum of
Understanding to solidify everyone’s involvement.
e.
Determine how often the key players will meet to determine what changes and/or
updates may be needed on the MOU; i.e. quarterly and/or yearly.
(Model SRO MOU - COPS Funded, n.d.)
III.
SUMMARY
A.
REVIEW KEY POINTS
B.
QUESTIONS AND ANSWERS
C.
CLOSING STATEMENT
23
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
LESSON PLAN #:
SRO/Writing a Memorandum of Understanding I0296B
(MOU)
STATUS (New/Revised):
Revised Feb. 2015
1.
SRO Performance Evaluation: A Guide to Getting Results. (2005) Retrieved August 5, 2011, from
http://www.cops.usdoj.gov/files/ric/CDROMs/SROPerfEval/GuidePDFs/Tool_1.pdf
2.
Kentucky Center for School Safety School Resource Officer (SRO) Program Assessment instrument.
(n.d.). Retrieved August 5, 2011, from http://www.kysafeschools.org/law/pdfs-docs/SROassess.pdf
3.
Model SRO MOU - COPS Funded. (n.d.). Retrieved
http://www.arsafeschools.com/Files/ModelSROMUCOPSFunded.pdf
4.
Personal Knowledge of S.C.C.J.A Instructor Anthony Ayers
24
August
5,
2011,
from
School Resource Officer
(Agency Name) Contract
of Agreement
1.
School assignments, supervision and evaluation
a.
The (Agency Name), hereafter referred to as Department, will assign a Law Enforcement officer to
perform the duties of a School Resource Officer, hereinafter referred to as SRO, at each of the
following schools:
(Name of School)
2.
b.
The Chief/Sheriff, or his designee, will supervise the Department officer(s) assigned to
the SRO program and will randomly make scheduled or nonscheduled visits to the
school(s).
c.
The Department will provide to the School District Superintendent a semester and a
yearly report of SRO activities and incidents.
Duty hours of the SRO
The school(s) listed in section 1 will have a SRO assigned during regular school hours on a fulltime
basis, eight (8) hours per day. In the event of an extreme emergency where every Law Enforcement
officer in the surrounding area is needed, the Chief/Sheriff may temporarily reassign the SRO.
3.
Duties and responsibilities of the SRO
a.
The primary responsibility of a (Agency Name) SRO is law enforcement action as required. The
SRO will investigate criminal activity that occurs on the school campus and in the surrounding
community when the incident is school or student related. Information will be gathered on
runaways, gang activities, burglaries and other criminal or law enforcement activities. The SRO
will take law enforcement action as required against intruders and unwanted guests who may
appear during the school day or at related school functions.
b.
The SRO cannot perform general law enforcement duties (general or street patrol, serving
warrants, etc.) during the summer months or at other times when school is out. During this time the
SRO must still be in contact with the students at his assigned school and must be working with
them in some way.
c.
All law enforcement activities will be to the extent that the SRO may do so under the authority of
law. As soon as is practical, the SRO will make the principal aware of any law enforcement
action. The SRO will submit a Department incident report to the Chief/Sheriff within twenty-four
hours of the occurrence of an incident.
d.
The SRO will not act as a school disciplinarian. Disciplining students is a school responsibility,
but if a violation of law occurs, the principal will contact the SRO in a timely manner. The SRO
will make a determination as to whether or not law enforcement action is appropriate. The SRO
will not be assigned as a substitute teacher or to hall, lunchroom, bus or other monitoring duties;
however, if there is a disturbance the SRO will assist the school until the situation is resolved.
e.
The SRO acts as a resource person to students, parents, faculty and staff. The SRO will become
familiar with all community agencies that offer assistance to youth and families, such as mental
health clinics, drug treatment centers, etc. The SRO may make referrals to such agencies when
deemed appropriate.
f.
The SRO maintains a professional working relationship with students, parents, school faculty and
administration by attending PTA meetings and faculty meetings upon request.
25
4.
g.
The SRO will be available for conferences with students, parents and faculty members in order to
assist them with problems of a law enforcement or crime prevention nature. Confidential
information obtained is governed by South Carolina law and will not be disclosed except as
provided by law or court order.
h.
The SRO will conduct law enforcement related educational classes during the school year. The
SRO will work with the administration in scheduling the classes, and classroom time will be
coordinated with the faculty members involved. The SRO will teach no more than two (2) periods
in a given day.
i.
The SRO will provide assistance to other law enforcement officers or agencies in matters
regarding the SRO school assignment whenever necessary. The SRO will develop activities and
programs to assist in carrying out appropriate duty responsibilities. These activities and programs
will be coordinated with the principal and staff members concerned prior to enactment.
Co-Curricular Activities and School Functions
Upon request of the principal or his/her designee, the SRO may accompany their school to events outside
the town/city/county limits for the purpose of providing security.
5.
6.
7.
SRO Project Objectives
a.
Promote student understanding of the law and the criminal justice system.
b.
Decrease the number of student conduct/criminal violations occurring during the school day and
during extracurricular school functions.
c.
Decrease gang activity and involvement in gangs by students.
d.
Improve students' attitudes and relationships with law enforcement personnel.
e.
Increase access of students, parents, and families to community agencies that offer assistance to
youths and their families for problems that require professional help.
f.
Conduct crime prevention programs and improve school officials' response to criminal activity
and violence.
Duties of the School District/School
a.
The school must provide the SRO with an air-conditioned and properly lighted office with a
locking door.
b.
This office should contain (EXAMPLE):
1.
a telephone with access to a private line
2.
a desk with drawers
3.
an adjustable chair with casters
4.
worktable
5.
locking file cabinet
6.
office supplies
7.
desktop or laptop computer
8.
two guest chairs
9.
internet access and email account
SROs will remain employees of the Department and will not be employees of the School District. The
School Board and the Department acknowledge that the SRO is a law enforcement officer who will
uphold the law under the direct supervision and control of the Department. The SRO will remain
responsible to the chain of command of the Department.
26
8.
The Department will be responsible for recruiting, interviewing and evaluating SROs who will serve at
the pleasure of the Department and the School District respectively.
9.
In the event, the principal of the school to which the SRO is assigned feels that the SRO is not effectively
performing his duties and responsibilities, the principal will state these reasons in writing to the
superintendent. Whereupon, the superintendent or his designee will advise the Chief of Police/Sheriff of
the principal's concerns. If the Chief/Sheriff desires, he will arrange a meeting with the principal, the
superintendent and the SRO to address the principal's concerns. If the meeting does not resolve the
principal's concerns, or if the Chief/Sheriff does not desire a meeting, he may reassign the SRO.
10.
The SRO may be dismissed or reassigned based upon policy and procedure of the Department.
11.
In the case of the resignation, dismissal, reassignment, or extended absences by a SRO, a replacement will
be provided by the Department within thirty (30) school days.
12.
The salary of the SRO for (School Name) will be the responsibility of both the School District and the
Police/Sheriff Department. The Police/Sheriff Department will be responsible for providing 40% of the
SRO’s salary, SRO vehicle and assigned duty uniform. The school district will provide the remaining 60%
of the SRO’s salary.
13.
The School Board, the Department, their agents and employees agree to cooperate in good faith in
fulfilling the terms of this agreement. Unforeseen difficulties or questions will be resolved by negotiation
between the Superintendent and the Chief/Sheriff or their designees.
14.
This is a one-year grant, with a provision allowing for continuation. The maximum length of this grant is
three years.
15.
The terms of this agreement may be amended at the end of each school year, but no later than July 31 of
the calendar year. The parties hereto agree to negotiate in good faith any desired amendments. Any
recommended changes or modifications will be renewed by the Chief/Sheriff and the Superintendent or
their designees after being submitted in writing and signed by the party to be changed.
This document constitutes the full understanding of the parties, and no terms, conditions, understanding or
agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in
writing and signed by the party to be changed.
This agreement constitutes a final written expression of all terms of this Agreement to be signed by their duly
authorized officers.
______________________________
Chief of Police/Sheriff
_______________
Date
_______________________________
Authorized Official to Sign
________________
Date
_______________________________
Superintendent
________________
Date
27
SCHOOL RESOURCE OFFICER PROGRAM
STATEMENT OF AGREEMENT
SECTION I - IN GENERAL
This Agreement by and between the (Your Name School District) and the (Your Police/Sheriff Agency) sets
out provisions governing the School Resource Officer Program.
SECTION 2 - RIGHTS AND DUTIES OF THE CHIEF OF POLICE/SHERIFF/SHERIFF
The Chief of Police/Sheriff shall provide School Resource Officers (hereinafter referred to as "SRO") as
follows:
A.
B.
C.
Assignment of SROs
1.
The Chief of Police/Sheriff/Sheriff shall assign (1or 2) regularly employed police officers to
(School Name) to perform duties as a SROs.
2.
The Chief of Police/Sheriff shall assign a supervisor to oversee the police officers assigned to
SRO positions and to perform scheduled or non-scheduled visits to the school.
3.
While on campus, the SROs will report to the principal in charge but will ultimately report to the
Chief of Police/Sheriff or his designee.
Regular Duty Hours of SROs
1.
(School Name) shall have (1 or 2) SROs assigned on a full-time basis during the regular school
year of eight (8) hours a day. The hours of service shall be consistent with the normal operating
hours of school. On occasions when the SROs work more than eight (8) hours per day, the
SROs shall be allowed to adjust their time for other days accordingly so that their work hours
do not exceed forty-three (43) hours per week. If conditions require the SROs to work more
than forty-three (43) hours per week, the overtime will be reimbursed to the Police/Sheriff
Department at the rate required by the department policy.
2.
Any SRO may be temporarily reassigned by the Chief of Police/Sheriff during school holidays,
school breaks and vacations, or during the period of a law enforcement emergency.
3.
The SROs assigned to a school will be permitted, but not required, to travel to off campus based
programs that are a part of the school curriculum during the normal school day. This must be at
the request of the Principal or Teacher in charge of the program, and with the consent of the
Chief of Police/Sheriff or his designee, for educational purposes and emergencies.
4.
If an SRO must be absent from work, he/she must report the absence in advance to the school
in addition to adhering to policy as set forth by the (Your Agency). If the absence is due to an
unforeseen emergency or illness, then the SRO will report the absence to the school as soon as
practical.
Objectives of the SRO Program
1.
To prevent juvenile delinquency.
2.
To establish liaison with school principals, faculty members, students, and parents.
3.
To establish and maintain liaison with school security personnel and other SROs assigned to
school campuses.
4.
To assist students in understanding their rights and responsibilities as lawful citizens.
5.
To provide liaison between students and social agencies which provide needed services.
28
D.
6.
To act as a liaison resource to the principal in investigating criminal law violations occurring in
the school or on school property.
7.
To assist administration and faculty in formulating criminal justice programs.
8.
To formulate educational crime prevention programs to reduce the opportunity for crimes
against persons and property in the schools.
9.
To be aware at all times of the responsibilities to improve the image of the uniformed law
enforcement officers in the eyes of the students and community.
Duties of SRO
1.
2.
Instructional responsibility for the SRO at the schools
a.
The SROs shall act as an instructor for specialized, short-term programs at the assigned
school and provide law-related and crime prevention presentations to the student body
when invited to do so by the Principal or a member of the faculty.
b.
The SRO shall act in the capacity of Law Enforcement, teacher, and counselor for Public
Safety Classes.
Additional duties and responsibilities of the SRO
a.
The SRO shall coordinate all of his/her activities and programs with the Principal and
staff members concerned and will seek permission, advice, and guidance prior to
enactment.
b.
The SRO shall develop expertise in presenting various subjects to students. Such
subjects shall include a basic understanding of the law, the role of the law enforcement
officer, and his/her duties. A program evaluation form will be distributed to all students
and the teacher after each session by the SRO. This information will be kept on file yearly
by the Principal and subject to review by the School District and the Police/Sheriff
Department.
c.
The SRO shall encourage individual and small group discussions with students, based
upon material presented in class, to further establish rapport with the students.
d.
When requested by the Principal, the SRO shall attend parent/faculty meetings to solicit
support and understanding of the SRO program.
e.
The SRO shall be available for conferences with students, parents, and faculty members in
order to assist them with problems of a law enforcement or crime prevention nature.
Confidential information obtained is governed by South Carolina Code of Laws
(Proceedings Relating to Juveniles), shall not be disclosed, except as provided by law or
court order.
f.
The SRO shall become familiar with all community agencies which offer assistance to
youths and their families, such as mental health clinics, drug treatment centers, etc. The
SRO shall make referrals to such agencies when necessary, thereby acting as a resource
person to students, parents, faculty, and staff of the school.
g.
The SRO shall assist the Principal in developing plans and strategies to prevent and/or
minimize dangerous situations which may result from student unrest.
h.
Should it become necessary to conduct formal police interviews with the students, the
SRO shall inform the Principal or his/her designee, adhere to law enforcement policy, as
well as legal requirements with regard to such interviews.
29
3.
i.
The SRO shall take law enforcement action as required against intruders and unwanted
guests who may appear at the school and related school functions, to the extent that the
SRO may do so under the authority of the law. As soon as practicable, the SRO shall
make the Principal of the school aware of such action. (Ref. South Carolina Safe
Schools Act.)
j.
The SRO shall give assistance to other police officers and deputy sheriffs in matters
regarding his/her school assignment whenever necessary. The SRO shall, whenever
possible, participate in and/or attend school functions as they relate to the duties of the
SRO.
k.
The SRO shall not act as a school disciplinarian, as the discipline of students is a school
responsibility. If the incident is also a violation of the law, the Principal shall contact the
SRO or his/her supervisor in a timely manner and the SRO shall then determine
whether any enforcement action is appropriate.
1.
SROs are not to be used for regularly assigned lunchroom duties, hall monitors, or other
monitoring duties. If there is a problem area, the SRO shall assist the school until the
problem is solved.
m.
In cases of contested expulsions, the Police/Sheriff Department will provide case
information and/or testimony to the Superintendent, or his designee, and shall upon the
request of the Superintendent, or his designee, testify at the hearing.
n.
The SRO will accompany the Principal or his/her designee to deliver expulsion documents
if the Principal or his/her designee feels that his/her safety may be in jeopardy.
Extracurricular Activities and School Functions
a.
Upon request of the Principal, or his/her designee, a SRO may accompany his/her school to
events outside of the (Your Jurisdiction) for the purpose of providing security. The payment
for the SRO shall be based on an hourly rate determined by the Police/Sheriff Department
and will be paid by the School District directly to the SRO.
b.
An SRO may be requested to provide security for events that are of a school related nature
(athletic events, carnivals, proms, graduation, overnight trips, dances, dramas, etc.). In such
cases, payment shall be based on an hourly rate determined by the Police/Sheriff
Department and will be paid by the School District directly to the SRO. Nothing in this
Agreement shall be construed to limit the department’s ability to make appropriate staffing
decisions regarding the SRO, including but not limited to, reassignment, suspension, or
termination. Furthermore, nothing in this Agreement shall operate to modify "at will"
employment status of the (Your Dept. Name) SROs. Finally, nothing in this agreement is
intended to confer any "rights" to a SRO. No SRO is a party to this agreement.
SECTION 3 - RIGHTS AND DUTIES OF THE SCHOOL DISTRICT
The School District agrees to pay for the services provided by the Chief of Police/Sheriff. The School District will
also pay for training and equipment as negotiated between the Chief of Police/Sheriff and the School District. Any
equipment purchased by the School District through this agreement will remain the property of the School District
if the agreement is terminated. The School Board shall provide to the SROs of each school the following materials
and facilities which are deemed necessary to the performance of the SROs' duties.
A.
Access to an air-conditioned and properly lighted private office. This office shall contain a telephone which
may be used for general business purposes.
B.
A location for files and records which can be properly locked and secured within the office.
30
C.
A desk with drawers, an office chair, work table, filing cabinets, office supplies, and a computer.
SECTION 4 - EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICER
SROs shall remain employees of the (Your Agency) and shall not be employees of the School District. The School
Board and the Chief of Police/Sheriff acknowledge that SROs are police officers who shall uphold the law under
the direct supervision and control of the (Your Agency). SROs shall remain responsible to the chain of
command of the (Your Agency). SROs must complete any required coursework for re-certification as a law
enforcement officer, pursuant to South Carolina Code of Law as amended, as well as other training that is
relative to the SRO position that commences during the term of this agreement.
SECTION 5 - APPOINTMENT OF SCHOOL RESOURCE OFFICERS
The (Your Agency) shall be responsible for recruiting, interviewing, and evaluating SROs who shall serve at
the pleasure of the Chief of Police/Sheriff and Superintendent, respectively.
SECTION 6 - REASSIGNMENT/RESIGNATION/DISMISSAL OF SCHOOL RESOURCE OFFICERS
A.
In the event the Principal of the school to which an SRO is assigned, feels that the particular SRO is not
effectively performing his/her duties and responsibilities, the Principal shall state these reasons in
writing to the Superintendent. Within a reasonable amount of time after receiving the recommendation
from the Principal, the Superintendent or his/her designee shall advise the Chief of Police/Sheriff or
his/her designee of the Principal's concerns. If the Chief of Police so desires, the Superintendent and
Chief of Police/Sheriff, or their designees, shall meet with the SRO to mediate or resolve any problems
of the school to which the SRO is assigned. If, within a reasonable amount of time after
commencement of such mediation, the problem cannot be resolved or mediated, or in the event
mediation is not sought by the Chief, then the SRO shall be reassigned from the program at the school
and a replacement shall be obtained.
B.
The Chief/Sheriff may dismiss or reassign an SRO at the complete discretion of the Chief/Sheriff.
C.
In the event of the resignation, dismissal, or reassignment of an SRO, the Chief/Sheriff shall provide a
temporary replacement for the SRO immediately and within thirty (30) school days of receiving notice
of such dismissal, resignation, or reassignment, a replacement will be assigned.
SECTION 7 – FUNDING
The (Your) County School District will be responsible for funding the SROs and will issue payments to the
City/County for services rendered hereunder pursuant to policy and procedure established and from time to
time modified by action of (Your Agency).
SECTION 8 - MODIFICATION
This document constitutes the full understanding of the parties, and may not be modified except by duly
executed written amendment hereto. This agreement will remain in effect unless terminated by either party upon
thirty (30) days written notice to the other.
31
SECTION 9 - MERGER
This agreement constitutes a final written expression of all the terms of this Agreement and is a complete and
exclusive statement of those terms. IN WITNESS WHEREOF the parties have caused this Agreement to be
signed by their duty authorized officers.
Signed, sealed, and delivered in the presence of:
THE SCHOOL DISTRICT OF (Your District) COUNTY,
By:
__________________________________
(Your) County School Superintendent
___________________________________
Witness
THE COUNTY/CITY OF (Your City/County),
By:
__________________________________
Chief/Sheriff
___________________________________
Witness
In witness whereof I have set my hand and affixed my seal this ______ day of ______________, 2014.
____________________________________________________
Notary Public for South Carolina
My commission expires: ________________________________
32
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Instruction and Lesson Preparation
LESSON PLAN #:
I0296C
TRAINING UNIT:
Police Science
TIME ALLOCATION:
4 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
July 17, 1997
STATUS (New/Revised):
Revised February 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To introduce School Resource Officers (SRO) to the skills needed to be an effective instructor, as well as the
importance of lesson preparation.
EVALUATION PROCEDURES:
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Laptop
Projector
Handouts
Screen
33
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Instruction and Lesson Preparation
LESSON PLAN #:
I0296C
PERFORMANCE OBJECTIVES:
1.
Identify qualities associated with effective teaching.
2.
Identify the three teaching modalities.
3.
Identify the different methods of instruction.
4.
Identify other teaching tools that work effectively with adolescents.
5.
List the parts of an outline.
34
STATUS (New/Revised):
Revised – Feb. – 2015
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Instruction and Lesson Preparation
I.
LESSON PLAN #:
I0296C
STATUS (New/Revised):
Revised – Feb. – 2015
INTRODUCTION
Classroom instruction for a School Resource Officer can provide one of the best opportunities to
communicate and interact with students and teachers. During the period of instruction students get to
see SRO’s in a different role, not just the Traffic Officer issuing a ticket, but as a friend who genuinely
cares about their well being. Teachers on the other hand get an opportunity to interact with the SRO
during instruction and present important questions or comments that can assist in delivering the
message.
II.
BODY
A.
IDENTIFY QUALITIES ASSOCIATED WITH EFFECTIVE TEACHERS (Practical Exercise
Activity. See Appendix A.)
1.
Positive Mental Attitude
Good teachers project a positive attitude towards their students, this is critical to teaching
any course. If you project a negative attitude during instruction students become less
receptive to your information and lose interest. Look for positives in negative situations
and share that with your students.
2.
Creative
As a teacher the ability to motivate your students by using creative and inspirational
methods of teaching promotes a positive learning environment. By varying the activities
in the classroom, the learning environment becomes more inviting to the student and the
result is that he/she learns more than in the traditional lecture format.
3.
Empathy
The instructor’s ability to bond with his/her students and understand their feelings and
emotions as they interact with them in a learning environment are critical to your success
as an instructor. Talking with your students as oppose to talking at your students
promotes healthy conversation.
4.
Open to Change
As a teacher you’re open minded and willing to learn from your students. Although
knowledgeable in your subject you know that you never stop learning. The teacher must
be flexible - This may be the most critical element on this list. Teachers who can "adjust,
adapt, and overcome" are the most successful in the classroom.
5.
Sense of Humor
The ability to make your students laugh will help reduce any barriers and lighten the
atmosphere especially during heavy periods.
6.
Organized
Teacher is very organized - Excellent teachers plan, plan, and plan! A teacher who does
not plan his/her lessons is doomed to failure. Teaching "off the cuff" or without focus is
apparent. It compromises the teacher's credibility with his/her students. Teachers have an
obligation and responsibility to be organized.
(http://www.school-teacher-student-motivation-resources-courses.com/goodteacher.html)
35
7.
Presentation Skills
“Do Your Homework!” Be knowledgeable about your topic. SROs obviously need to be
familiar with Law Related Education (LRE). The more a teacher knows about his/her
subject area, the more he/she can impart to his/her students. Body language is your first
form of communication and you should maintain a relaxed, upright posture. This
demonstrates confidence and professionalism. “Use your voice to naturally emphasize
key points and eye contact to express sincerity in the material you’re presenting. Eye
contact also lets, the teacher; know if students understand the material being presented.”
(Basic Instructor Development, 2010, p. 19)
8.
Calmness
The ability to remain calm in a teaching environment becomes imperative when
addressing certain delicate topics that present controversy. Remember that not everyone
in your class shares the same opinion.
9.
Respectful
Respect contrasting opinions that represent your student populous, while knowing that no
one opinion or belief is better than anyone else’s. The respect you show your students
will earn you their respect.
10.
Inspirational
Exceptional teachers have the ability to change a young person's life by helping them to
realize their potential, reach their potential and exceed their potential.
11.
Passion
If you’re passionate about what you do it will emanate in everything you do.
12.
Role Model
Teachers more often than not represent the window through which many young people
will see their future.
(http://www.school-teacher-student-motivation-resources-courses.com/goodteacher.html)
B.
IDENTIFY THE THREE TEACHING MODALITIES AND CHARACTERISTICS
When preparing a lesson for an adolescent learner, the teacher must take into account the three
primary learning modalities. Each student has one modality that works best for him/her;
however, most students can learn from each of the three modalities. Effective teachers plan
activities throughout their lessons that incorporate each of the modalities. The goal here is to put
activities into each lesson that maximize each student's opportunity to learn the material being
presented. Remember, the key to success is varying your activities within your lesson to
accommodate learners who use each of the three modalities! The three learning modalities are:
1.
Kinesthetic/Tactile - This modality appeals to movement and manipulation. Some
students learn best by activities where they have to interact with materials in order to
understand the concepts. Activities best geared for these students are experiments and
demonstrations. Role-play and simulations also work well for these students that need to
be active and take frequent breaks.
a.
Speak with their hands and with gestures
b.
Remember what was done, but have difficulty recalling what was said or seen
c.
Find reasons to tinker or move when bored
36
d.
Rely on what they can directly experience or perform
e.
Activities such as cooking, construction, engineering and art help them perceive
and learn
f.
Enjoy field trips and tasks that involve manipulating materials
g.
Sit near the door or someplace else where they can easily get up and move around
h.
Are uncomfortable in classrooms where they lack opportunities for hands-on
experience
i.
Communicate by touching and appreciate physically expressed encouragement,
such as a pat on the back
(http://www.nwlincs.org/mtlincs/pilotproject/studyskills/learningstyles.pdf)
2.
Audio - Some students learn best through their ability to hear and process the information
being presented. Activities best geared to these students' needs are lecture and discussion.
a.
Sit where they can hear but needn't pay attention to what is happening in front
b.
Hum or talk to themselves or others when bored
c.
Acquire knowledge by reading aloud
d.
Remember by verbalizing lessons to themselves
(http://www.nwlincs.org/mtlincs/pilotproject/studyskills/learningstyles.pdf)
3.
Visual - Some students "have to see it to believe it." Many of us learn best through this
modality. Reading is an activity geared toward a visual learner, as is viewing multimedia
presentations.
a.
Take numerous detailed notes
b.
Tend to sit in the front
c.
Are usually neat and clean
d.
Often close their eyes to visualize or remember something
e.
Find something to watch if they are bored
f.
Like to see what they are learning
g.
Benefit from illustrations and presentations that use color
h.
Are attracted to written or spoken language rich in imagery
i.
Prefer stimuli to be isolated from auditory and kinesthetic distraction
j.
Find passive surroundings ideal
(http://www.nwlincs.org/mtlincs/pilotproject/studyskills/learningstyles.pdf)
C.
IDENTIFY THE DIFFERENT METHODS OF INSTRUCTION
1.
Instructor Led Instruction/Lecture
This is the most common used method of instruction, where the instructor becomes the
sole disseminator of information. The instructor presents information to the student
systematically in this method. This approach is considered the best method to use because
the instructor interfaces with the students by presenting segments of instruction, questions
the students frequently, and provides periodic summaries or logical points of
development. (TLC Seminars, 2009) Instructor led instruction is particularly appropriate
37
when teaching a well-defined body of information or skills that all students must master.
Although common, this method of instruction takes away from group oriented discussion
and participation. It is solely driven towards presenting information.
2.
Guided Discussion Method (Also known as The Socratic Method)
In the guided discussion method, the instructor typically relies on the students to provide
ideas, experiences, opinions, and information. Fundamentally, the guided discussion
method is almost the opposite of the lecture method. The instructor's goal is to draw out
what the students know, rather than to spend the class period telling them. The instructor
should remember that the more intense the discussion and the greater the participation,
the more effective the learning. All members of the group should follow the discussion.
The instructor should treat everyone impartially; encourage questions, exercise patience
and tact, and comment on all responses. In a guided discussion, the instructor acts as a
facilitator to encourage discussion between students.
In the guided discussion, learning is achieved through the skillful use of questions. The
instructor often uses a question to open up an area for discussion. This is the lead-off
question and its function is indicated by its name. The purpose is to get the discussion
started. After the discussion develops, the instructor may ask a follow-up question to
guide the discussion. The instructor may want a student to explain something more
thoroughly, or may need to bring the discussion back to a point from which it has strayed.
(Basic Instructor Development Training Course, 2010)
3.
Demonstration Method
“The Demonstration method is one where the student observes the portrayal of a
procedure, technique, or operation. The demonstration method shows how to do
something or how something works.” (TLC Seminars, 2009) This method of instruction
is the most practical for Law Enforcement officer because it allows them to utilize their
natural skill set to present information.
Demonstration examples include:
a.
DUI traffic stop (field sobriety test)
b.
Field interviews (terry stop/frisk)
c.
Search/Seizure
(TLC Seminars, 2009)
D.
IDENTIFY OTHER
ADOLESCENTS
TEACHING
TOOLS
THAT
WORK
EFFECTIVELY
WITH
The following list builds on the concepts previously introduced up to this point in the lesson.
1.
A number of methods exist for integrating questioning into a lesson. An effective
approach is to offer an open-ended question to the class. This permits the students to
focus on the subject matter as they are answering and also encourages "spin-off"
questions for clarification and in-depth study of material. A second method of
questioning starts students in small groups of around four students. Once the groups have
conferred, the answers are shared with the class for comparison.
2.
Teachers must incorporate problem-solving and critical thinking into the curriculum.
Beginning class with a Socratic question or a commanding unfinished human story that
presents an unresolved problem can do this. This focus point is then interwoven
38
throughout the lesson, and students are encouraged to develop and present solutions to
the scenario.
3.
Classroom debating allows additional control over large classes. A two-sided question is
presented and the class divided. Students are instructed to choose one side and to defend
their position. Students who choose a "middle ground" are permitted to do so, but must
also support their position.
4.
Role playing is a powerful tool and should be used by dynamic teachers. Hundreds of
scenarios can be generated as different issues are added to or deleted from a basic
premise. Practical applications can come from a teacher dressing as a historical
character, or by letting student’s re-enact historical moments. These events should be
followed by questioning and open discussion. This is an excellent method when teaching
about difficult social issues.
5.
Audiovisual or multimedia instruction is also a motivator and an excellent method to
overcome the "boring lecture." Fast-paced, informative material can be produced and
presented in simple, low-cost formats. Television, slide and music synchronization, and
videos are excellent resources for multimedia presentations. These can also be used in
conjunction with traditional lectures as "attention getters" to give the information more
impact.
(Basic Instructor Development Training Course, 2010)
E.
LIST THE PARTS OF AN OUTLINE
The Three-Step Format Lesson Plan
The three-step format is broken down into an Introduction (Thesis), Presentation (Body), and
Summary.
1.
Introduction
a.
2.
Sets the Stage - During this step, you can:
(1)
Introduce yourself
(2)
Give a brief professional background
(3)
State the objectives
(4)
Use an “Attention Getter” - An attention getter is important to use since it
focuses attention on the instructor and sets the stage for subsequent
instructors. Some instructors may use a humorous story or joke as an
attention getter; however, try to avoid "war" stories.
b.
The introduction stage establishes contact between the instructor and the student.
c.
The introduction step can also be there to establish "Ruler" of the classroom;
what's expected of the student. Breaks, etc. can also be covered.
Presentation
This stage consists of content material and teaching points required to support
"Performance Objectives."
a.
Subject matter explained
b.
Performance is developed
39
c.
Understanding is acquired
d.
Skills are built
This "body" is a detailed breakdown of specific facts and/or skills that will be
required to achieve objectives.
3.
Summary
A brief review of the complete presentation contains the following elements:
a.
Capitulation/Recap the Lesson - A brief restatement of the main teaching points.
b.
Questions and Answers
c.
Class Assignment
d.
Closing Statement - Designed to leave the students with a lasting impression of
the importance of the content of the training outline.
(http://www.usm.edu/sites/default/files/groups/speaking-center/pdf/basic20outline.pdf)
4.
III.
Practical Exercise – Students will be required to write an outline.
SUMMARY
A.
REVIEW KEY POINTS
B.
QUESTIONS AND ANSWERS
C.
CLASS ASSIGNMENTS
D.
CLOSING STATEMENT
40
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Instruction and Lesson Preparation
LESSON PLAN #:
I0296C
STATUS (New/Revised):
Revised – Feb. – 2015
1.
Retrieved August 22, 2013 from http://www.school-teacher-student-motivation-resourcescourses.com/goodteacher.html
2.
Basic Instructor Development Training Course. (2010). South Carolina Criminal Justice
Academy.
3.
Retrieved August 22, 2013 from
http://www.nwlincs.org/mtlincs/pilotproject/studyskills/learningstyles.pdf
4.
Retrieved August 22, 2011 from http://www.tlcsem.com/bmoi.htm
5.
Retrieved August 22, 2011 from
http://www.usm.edu/sites/default/files/groups/speakingcenter/pdf/basic20outline.pdf
6.
Microsoft ClipArt 2007
41
Appendix A
SRO Instruction and Lesson Preparation
Practical Exercise Activity
Impromptu Speech: Students will be allowed to pick a partner and a topic to speak about. They will be given 3
½ minutes to speak about their topic, there will be no solicitation from the class.
42
What's Your Learning Style?
For these questions, choose the first answer that comes to mind and click on a, b, or c. Don't spend too much
time thinking about any one question.
Source: University of South Dakota (2009) Trio Program Educational Talent Search – Learning Styles Test. Retrieved from
http://www.usd.edu/trio/tut/ts/stylest.html on March 24, 2009.
Question 1
When you study for a test, would you rather
a) read notes, read headings in a book, and look at diagrams and illustrations.
b) have someone ask you questions, or repeat facts silently to yourself.
c) write things out on index cards and make models or diagrams.
Question 2
Which of these do you do when you listen to music?
a) daydream (see things that go with the music)
b) hum along
c) move with the music, tap your foot, etc.
Question 3
When you work at solving a problem do you
a) make a list, organize the steps, and check them off as they are done
b) make a few phone calls and talk to friends or experts
c) make a model of the problem or walk through all the steps in your mind
Question 4
When you read for fun, do you prefer
a) a travel book with a lot of pictures in it
b) a mystery book with a lot of conversation in it
c) a book where you answer questions and solve problems
Question 5
To learn how a computer works, would you rather
a) watch a movie about it
b) listen to someone explain it
c) take the computer apart and try to figure it out for yourself
Question 6
You have just entered a science museum, what will you do first?
a) look around and find a map showing the locations of the various exhibits
b) talk to a museum guide and ask about exhibits
c) go into the first exhibit that looks interesting, and read directions later
Question 7
What kind of restaurant would you rather not go to?
a) one with the lights too bright
b) one with the music too loud
c) one with uncomfortable chairs
43
Question 8
Would you rather go to
a) an art class
b) a music class
c) an exercise class
Question 9
Which are you most likely to do when you are happy?
a) grin
b) shout with joy
c) jump for joy
Question 10
If you were at a party, what would you be most likely to remember the next day?
a) the faces of the people there, but not the names
b) the names but not the faces
c) the things you did and said while you were there
Question 11
When you see the word "d - o - g", what do you do first?
a) think of a picture of a particular dog
b) say the word "dog" to yourself silently
c) sense the feeling of being with a dog (petting it, running with it, etc.)
Question 12
When you tell a story, would you rather
a) write it
b) tell it out loud
c) act it out
Question 13
What is most distracting for you when you are trying to concentrate?
a) visual distractions
b) noises
c) other sensations like, hunger, tight shoes, or worry
Question 14
What are you most likely to do when you are angry?
a) scowl
b) shout or "blow up"
c) stomp off and slam doors
Question 15
When you aren't sure how to spell a word, which of these are you most likely to do?
a) write it out to see if it looks right
b) sound it out
c) write it out to see if it feels right
44
Question 16
Which are you most likely to do when standing in a long line at the movies?
a) look at posters advertising other movies
b) talk to the person next to you
c) tap your foot or move around in some other way
Total your a's, b's, and c's.
As =
Bs =
Cs =
Now, take the total number and associate it with the corresponding learning
style as outlined below to determine your learning style.
Higher number of As = VISUAL LEARNER
Higher number of Bs = AUDITORY LEARNER
Higher Number of Cs = KINESTHETIC LEARNER
45
Understanding and Identifying
Auditory, Visual and Kinesthetic
Learning Styles
Auditory
Visual
Kinesthetic
Identify sounds related
to an experience
Have a sharp, clear
picture of an experience
Develop a strong feeling
towards an experience
Do you make pictures
in your head
I hear you clearly,
I want you to listen . . .
This sounds good
Do you have visual
images in your head as
you are talking and
listening to me?
Do you feel what you are
saying?
Are you in touch with
what I am saying?
Can you see what I am
saying?
How do you hear this
situation going?
What do you hear that is
stopping you?
Sounds heavy.
How do you see the
situation?
What do you see
stopping you?
This looks good.
Do you see what I am
showing you?
How do you feel about
this situation?
I'm getting a handle on
this material.
Let's move together.
Does what I am putting
you in touch with feel
right?
Sounds heavy.
Word Selections
Word Selections
Word Selections
tinkling silent squeal
blast screaming choking
color clear spiral showed
vivid notice
felt body sensations feel
pain touch
Fantasies
Lecture
Do you love me?
Auditories complain:
Kinesthetics don't listen.
Visuals complain:
Auditories don't pay
attention to them
because they don't make
eye contact.
Kinesthetics complain:
"Auditory and visual
people are insensitive."
Source: University of South Dakota (2009) Trio Program Educational Talent Search – Learning Styles Test. Retrieved from
http://www.usd.edu/trio/tut/ts/styleunder.html on March 24, 2009.
46
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Criminal Street Gangs
LESSON PLAN #:
I0296D
TRAINING UNIT:
Advanced
TIME ALLOCATION:
4.0 Hours
PRIMARY INSTRUCTOR:
Jonathon L. Cox
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
June 2008
STATUS (New/Revised):
Revised 2014
REVISED & SUBMITTED BY:
Jonathon L. Cox
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To provide and familiarize School Resource Officers with the Criminal Street Gangs Lifestyle, their symbols
and markings, and how to deal with them in the school setting.
EVALUATION PROCEDURES:
Written Examination, Multiple choice
70% Minimum Passing Score
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Standard Classroom w/ Computer/Projector
Microsoft Office
47
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Criminal Street Gangs
LESSON PLAN #:
I0296D
STATUS (New/Revised):
Revised 2014
PERFORMANCE OBJECTIVES:
1.
Define a criminal gang.
2.
Classify criminal gangs into the three main gang typologies.
3.
Classify the criminal gang structure.
4.
Identify the reasons for the spread of criminal gangs.
5.
Identify the six traditional criminal gangs most often found in the school setting.
6.
Classify basic gang graffiti and hand signs.
7.
Discuss strategies in dealing with gangs in the school setting.
8.
Discuss useful tips for dealing with gang members.
48
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Criminal Street Gangs
I.
LESSON PLAN #:
I0296D
STATUS (New/Revised):
Revised 2014
INTRODUCTION
The purpose of this course is to present an overview of the gang problem with specific emphasis on
criminal street gangs and their impact on the school setting. Youth and gang violence are national
concerns. The nation has experienced a tremendous increase in violence and death within our juvenile
population. Gangs are always in a state of flux and denying their existence is the worst thing law
enforcement, politicians, teachers, and our society can do. One must recognize, understand, and deal
with gangs effectively.
II.
BODY
A.
DEFINE A CRIMINAL GANG
Defining a criminal gang or a criminal gang member can be the subject of a lengthy discussion.
When defining a gang or gang member, one must first decide why there is a desire to apply a
definition to these subjects or subject matter. In other words, what is the purpose one is trying to
achieve by defining a gang or gang member? In the State of South Carolina, the law enforcement
purpose is intelligence gathering, which in turn will lead to officer safety, legal prosecution,
and/or civil remedies. The introduction of the South Carolina Gang Prevention Act of 2007
provided several definitions that will help in the achievement of those goals.
1.
The definition of a criminal gang member is - an individual who is an active member of a
criminal gang.
2.
The definition of a criminal gang to be used during this course of instruction is – a formal
or informal ongoing organization, association, or group that consists of five or more
persons who form for the purpose of committing criminal activity and who knowingly
and actively participate in a pattern of criminal gang activity.
3.
Pattern of Criminal Gang Activity is defined as the commission or attempted commission
of, commission as an accessory before or after the fact to, or solicitation or conspiracy to
commit, by a criminal gang member, while knowingly and actively participating in
criminal gang activity, four or more of the following offenses occurring within a two-year
period, provided that at least three of these offenses occurred after July 1, 2007:
a.
a violent offense as defined in Section 16-1-60 committed as a part of criminal
gang activity;
b.
financial transaction card crimes as defined in Chapter 14 of Title 16 committed
as a part of criminal gang activity;
c.
first degree lynching as defined in Section 16-3-210 committed as a part of
criminal gang activity;
d.
second degree lynching as defined in Section 16-3-220 committed as a part of
criminal gang activity;
e.
breaking into a motor vehicle as defined in Section 16-13-160 committed as a part
of criminal gang activity;
f.
grand larceny as defined in Section 16-13-30 committed as a part of criminal gang
activity;
49
g.
blackmail as defined in Section 16-17-640 committed as a part of criminal gang
activity;
h.
malicious injury to property as defined in Sections 16-11-510, 16-11-520,
16-11-530, and 16-11-535 committed as a part of criminal gang activity;
i.
drug offense as defined in Sections 44-53-370 and 44-53-375 committed as a part
of criminal gang activity;
j.
harassment, stalking, or aggravated stalking as defined in Article 17, Chapter 3 of
Title 16 committed as a part of criminal gang activity;
k.
pointing a firearm at any person as defined in Section 16-23-410 committed as a
part of criminal gang activity;
l.
discharging a firearm at or into dwellings, structures, enclosures, vehicles, or
equipment as defined in Section 16-23-440 committed as a part of criminal gang
activity;
m.
the common law offense of assault and battery of a high and aggravated nature
committed as a part of criminal gang activity; or
n.
the common law offense of obstruction of justice committed as a part of criminal
gang activity.
These definitions come from The South Carolina Code of Laws, Section 16-8-230.
4.
Violent Gang and Terrorist Organization File (VGTOF)
This database, which is operated by NCIC, is an intelligence, investigative, and officer
safety tool that aids law enforcement in identifying members of violent gangs and
terrorists who may be operating in the United States. VGTOF defines a gang as an
ongoing organization, association, or group of three or more persons who have common
interests and activities characterized by involvement in a pattern of criminal or delinquent
conduct.
5.
SCGangNet
SCGangNet is very similar to VGTOF but is operated on a local state level. SCGangNet
does not have a separate definition of gang or gang member, but rather uses criteria to
define a gang member. The criteria are as follows: (South Carolina Information &
Intelligence Center, 2009, p. 2).
a.
An individual admits, at the time of arrest or incarceration, to being a member of
a criminal gang.
Or a combination of any two of the following;
b.
An individual is identified as a criminal gang member by a documented reliable
informant.
c.
An individual resides in or frequents a particular criminal gang’s or group’s area
and adopts their style of dress, their use of hand signs, or their tattoos, and
associates with known criminal gang or criminal group members.
d.
An individual is identified as a criminal gang member as corroborated by
independent information.
e.
An individual is/has been arrested more than once in the company of criminal
gang members for offenses that are consistent with usual criminal gang activity,
or criminal group activity for which the criminal group is associated with.
50
f.
An individual admits, at a time other than arrest or incarceration, to being a
member of a criminal gang.
When dealing with a database, remember that even though there is a definition attached to it, one
might also have to meet other requirements or standards before entering a subject into the file
system. In the example of VGTOF and SCGangNet, the subject must be put to the test of
different standards and meet a combination of those standards before he/she can be entered into
the database.
B.
CLASSIFY CRIMINAL GANGS INTO THE THREE MAIN GANG TYPOLOGIES
Criminal gangs can be divided up in three different classifications. When dealing with criminal
gangs it is important to know their typology, because it can be used to determine what types of
resources should be used and the level of gang activity in the community.
1.
Traditional Gangs
These gangs are the first type of gang the public thinks of when the term is used.
Traditional gangs are typically known across the country. The gang, as a unit, has been
active over a long period of time and they will have formal “rituals” that are followed.
Their money making skills have been perfected over the course of their lifespan.
Typically, these gangs will have some sort of specialized crime that they commit
regularly. They will have long term goals and membership is also a long term endeavor.
Some examples of these gangs would be Bloods, Crips, Folk Nation, People Nation,
Hells Angels, Aryan Nation, KKK, and Mexican Mafia.
2.
Hybrid Gangs
These types of gangs/groups are active over a shorter time frame than traditional gangs.
They will adopt some of the signs, symbols, or goals of a traditional gang, but they are
missing one important criterion. They do not have any connections to the original origin
of these gangs. These gangs can operate the same way as traditional gangs, but they have
not made the “connect” to the larger organization.
3.
Non-Traditional Gangs
These gangs will usually be the first type of gang seen in a community. Some people do
not look at these groups as gangs and tend to use terms such as “wanna-be” or
neighborhood group. These groups are struggling for some sort of identity. They are of a
shorter lifespan compared to the other groupings, and will slowly transition into a more
organized gang if there isn’t some sort of intervention. There will usually be short term or
no goals, and members are living for the moment. These gangs will sometimes use
community identifiers, such as cardinal directions, area codes/phone prefixes or zip
codes, when naming themselves. Examples would be the SouthSide Boys, EastSide
Krew, 10 Block Boys, or 843 Gangsters.
C.
CLASSIFY THE CRIMINAL GANG STRUCTURE
The structures of gangs are similar throughout the United States. However, leadership roles in
most non-traditional (as opposed to traditional) gangs are not formally recognized. These
positions are not usually assumed by any one individual on a permanent basis, but are assumed
by someone who has the leadership qualities that the gang needs at that particular moment. The
below characterization of each component may be applied to those groups/gangs that are
somewhat organized and function as a unit.
51
1.
Leaders/ Heads /Hardcore
This is an individual gang member who lives, talks, acts, dresses, commits criminal acts
for the gang, and is totally committed. Usually these will be the members who have been
in the gang for a longer time period and as such are a little older. They will have some
type of criminal history, with a possibility of spending time in a state correctional facility.
Hardcore members will make up the majority of the leadership of the gang.
2.
Member
A member is an individual who is no less committed than the hardcore members, but
hasn’t been involved in the lifestyle as long. These individuals are typically younger and
have the most interaction with police on the patrol/street level because of their hands-on
criminal activity. This level of member is more visible to society and typically promotes
the stereotype of gang members to the general public.
3.
Associates/Peripheral
These are individuals, who identify with, but seldom directly involve themselves with the
gang’s criminal activity. This individual will provide something to the gang and in return
get something back. Some agencies debate if an Associate is an actual member of the
gang or not. The only way to determine any gang affiliation is to apply the appropriate
definition during your investigation.
D.
IDENTIFY THE REASONS FOR THE SPREAD OF CRIMINAL GANGS
Criminal gangs may include people from all economic backgrounds. A wealthy family does not
guarantee that a child will not join a gang. Gang membership is also not limited by race or sex,
although some gangs organize along racial, economic, religious and sexual lines. Criminal gangs
are spreading across South Carolina and we should be concerned. Their migration is an
American problem, not an inner-city problem. The isolation felt by youth is just as profound in
some of the more stable areas as in the inner city.
The spread of criminal gangs can be attributed to at least four factors.
1.
Forced Moves
This involves parents trying to protect their gang-culture-saturated children from the
hometown gang’s influence and will send them to relatives across the country
(relocation). Sometimes this strategy works, but many times it merely helps transplant the
gang culture into a new community. The military will also move its members from base
to base, and their children will bring the gang culture with them. Also gang members will
move from area to area to avoid apprehension and prosecution. Once they are arrested
and placed in the prison system, their families will typically move closer to the prison for
visitation purposes. Once the individual is released, they will move into the house with
their family in the new neighborhood.
2.
Crime
The mobile criminal enterprise has created and encouraged gangs to spread out across the
country to ply their trade and expand their markets. The Bloods and Crips are now in
most metropolitan centers dealing drugs. With their expansion, they have introduced
collateral, gang-like violence. Street gangs are moving toward more of an organized
crime stature.
52
3.
The Entertainment Industry
The gang culture, value system, and mentality are sprinkled across the country through
movies, Gangsta rap, the internet, video games, and now comic books. The cultural
amplifiers educate young audiences to gang values and attitudes. They denigrate women,
promote exaggerated manhood or machismo, and glorify violence. They also pass on
gang language, symbols, activities, and traditions. South Carolina is experiencing an
increase in gang related activity statewide. The level of organized activity is pale in
comparison to the super-gangs of Los Angeles, Chicago, or New York; however these
super-gangs are influencing the gang phenomenon in South Carolina.
4.
Internet Use
Today many gangs use the internet to communicate, recruit, advertise and sometimes to
plan crime. The internet allows for instant communication between gang members and it
becomes almost an untraceable way to communicate. The internet allows for the rapid
worldwide spreading of the gang culture.
E.
IDENTIFY THE SIX TRADITIONAL CRIMINAL GANGS MOST OFTEN FOUND IN THE
SCHOOL SETTING
1.
Crips
The Crips were started in Los Angeles, California around 1969 by several youths that
went to South Central High School. Raymond Washington, Craig Munson, and Stanley
Williams are credited with creating the Crips. Washington first named the gang the
Avenue Cribs. The name then changed to Crips after a possible spelling mistake in a local
newspaper. Crips align with the Folk Nation. But it must also be noted that you have
traditional West Coast Crips that do not align with the Folk Nation. Outside of California
most Crips do align with the Folk Nation and use several of their symbols in graffiti and
tattoos. Crips traditionally use the color blue.
2.
Bloods
The Bloods are a direct rival of the Crips. They were created a short time after the Crips
to combat their ever increasing membership. Most were students of Centennial High
School and most of the members lived on or near Piru St. in Compton, CA. The L.A.
Brims, Bishops, Athens Park Boys and Piru Street Boys were original members of what
is now known as the Bloods. Like the original West Coast Crips not all Bloods in
California align with the People’s Nation. Again, outside of California the Bloods are
aligned with the People’s Nation and use most of their symbols in graffiti and tattoos.
Bloods traditionally use the color red.
3.
Folk Nation
The Folk Nation is not a particular gang but an alignment of several smaller gangs that
was started in the late 1960s. David Barksdale is credited with creating the alignment in
Illinois State Prison and is known as the King. In 1974, Larry Hoover of the Gangster
Disciples took over and is still considered the chairman of the board. Hoover is also
known to have been instrumental in 21st Century V.O.T.E., Ghetto Prisoner Cloths, and
Growth and Development.
4.
People’s Nation
The People’s Nation is also not a particular gang but an alignment of several smaller
gangs that was also started in the Illinois state prison system in the late 60s. The People’s
53
Nation was started by Jeff Fort who was the leader of the Black P-Stone Nation, then
changed their name to the El Rukins in a religious move to lessen the attention of the
federal government.
5.
United Blood Nation
The United Blood Nation (UBN) gang was founded by two African-American males
(Omar Portee and Leonard Mackenzie) while inmates at Rikers Island Prison, New York
in 1993. The gang was initially formed to protect African-American inmates from the
threat posed by Ñeta and Latin Kings gangs who dominated the prison. UBN graffiti may
contain words with the letter “C” crossed out or the letters CK (Crip Killer) as a showing
of disrespect to the Crips. Blood identifiers may also include the word “DAMU” (Swahili
for Blood). Individual Blood sets may be represented through graffiti. As it pertains to
graffiti, words may be unintentionally misspelled. The letter “S” may be crossed out
because it represents Slobs (an offensive expression for Bloods). Tattoos may include the
acronym M.O.B. (Member of Blood / Money over Bitches), a dog paw mark (represented
by three dots), a bulldog, and/or the letter B (Blood).
6.
Gangster Nations
The Black Disciple Nation was formed in Chicago, Illinois by David Barksdale during
the 1960s. In late 1969, Barksdale merged the Black Disciples (BD) with Larry Hoover’s
Black Gangsters (BG) creating the Black Gangster Disciple Nation (BGDN). In 1974,
Barksdale died from kidney failure due to complications from a gunshot wound he
received by rival gang members in 1969. After Barksdale’s death, a power struggle
within the gang’s leadership ensued causing BGDN to break into three factions-Black
Disciples, Gangster Disciples, and Black Gangsters. At this time, Jerome “Shorty”
Freeman took over as the leader of the Black Disciples. Freeman was convicted, in 1990,
on drug violations and sentenced to 28 years in the Illinois Department of Corrections.
After Freeman’s incarceration, Marvel Thompson assumed leadership as the “King” of
the BDs.
F.
CLASSIFY BASIC GANG GRAFFITI AND HANDSIGNS
1.
Folk
The Folk Nation and the gangs that align with them use several symbols that have
individual meanings.
2.
a.
The number 6
b.
6 pointed Star of David
c.
Heart w/ wings
d.
Devil horns
e.
Pitch fork
f.
Bunny w/ bent ear
People
The People’s Nation and the gangs that align with them use several symbols that have
individual meanings.
a.
The number 5
b.
A Five Pointed Crown
54
c.
5 Pointed Star
d.
Cane
e.
Bunny
f.
Chfbigolo
g.
21 Brick Pyramid
Class Exercise:
G.
The instructor will show a series of slides or other available items or props to
the class which may or may not involve gang related indicators. After showing
each slide or item, the instructor will ask the class if it the material presented
is gang related or not. The instructor will provide insight and facilitate
discussion as needed. The exercise is intended to encourage group interaction
and discussion while providing perspective regarding what should and should
not be considered gang related material that may be present in the school
environment. *The instructor may also use items that are brought by members
of the class to facilitate additional discussion
DISCUSS STRATEGIES IN DEALING WITH GANGS IN THE SCHOOL SETTING
Class Exercise:
The instructor will pose the following general question to the class:
“What types of gang related activity are you seeing within your school, and
what are some obstacles related to dealing with these issues?”
Upon hearing the responses presented by the students, the instructor will
encourage and guide a group discussion of the issues presented. While doing
so, the information listed below will be incorporated into the discussion as
commonly encountered problems. These factors may be present within the
students’ schools. The goal of the exercise is to provide students with more
personalized suggestions and possible solutions for dealing with commonly
identified factors that impede gang investigations. This exercise should also
provide insight for the instructor regarding current issues in the field.
When dealing with gangs in the school setting, you have many factors that will impede on a
thorough investigation. Some of these factors may include:
H.
1.
Common Denial Of The Gang Problem
2.
Overall Resistance To Combat Gang Problem
3.
Lack Of School Rules, Department Policies, Or State Or Local Laws
4.
Confusion Between School Violations And Criminal Violations
5.
Support From Parents/Community
6.
Information Exchange Between Faculty, Staff, And Law Enforcement
7.
Incident Control
DISCUSS USEFUL TIPS FOR DEALING WITH GANG MEMBERS
A multifaceted approach to dealing with criminal gang activity has proven most effective to
include (Valdez, 2005):
1.
Document and monitor gangs and their members (gang files).
55
2.
Develop, maintain, and expand gang awareness throughout the department, community,
and school staff.
3.
Use intelligence gathered in the identification, arrest, and prosecution of gang members.
4.
Gather, collate, and disseminate pertinent information to line units and school personnel.
5.
Coordinate investigative and intelligence gathering activities with other jurisdictions
which could include feeder schools.
6.
Aggressive criminal gang crime enforcement - arrest violators and gather evidence to
ensure successful protection.
7.
Understand and follow the criteria for gang enforcement. Remember some activity that
occurs in schools will be group or clique related but not qualify as gang related under the
law.
8.
Consolidate gang and narcotics investigations. By definition, a gang must be involved in
criminal activity. It is likely that other officers or detectives (narcotics units/gang
units/vice units) will have ongoing investigations which may be connected to gang
activity within the school. Coordinate investigative efforts within the school with those of
other specialized units to insure that efforts do not become counterproductive or
contradictory.
9.
Provide on-going training in criminal gang profiling and characteristics to school
administration and staff.
10.
Coordinate public education and involvement through community based programs.
Hosting gang awareness training for parents and school staff can increase the likelihood
that problems are recognized and addressed before they become major issues within the
school.
11.
An ideal gang contact will involve three officers: a contact officer making direct contact
with the gang members, a primary cover officer spotting the contact officer and a
secondary contact officer scanning the surrounding area for threats. Obviously that kind
of personnel isn't always available in the school, but when possible, the three-officer
approach is preferable or even school administration could be used (Buhrmaster, 2007).
12.
When interviewing/interrogating utilize two officers for safety and:
a.
Prey on their personality traits and flaunt their individualistic lifestyle.
b.
Know their background and use greed as a tool.
c.
Manipulate them through their fascination with weapons and toughness.
13.
Don’t disrespect them in front of their peers and confront behavior, not status
(Buhrmaster, 2007).
14.
State consequences; don’t threaten (Buhrmaster, 2007).
15.
Stay alert to surroundings. Knowing that they attract police attention, gang members
standing in a group in the hallway may hide their weapons in easily accessible, nearby
locations instead of on their person. Hiding spots of choice would be those easily
overlooked by officers and school personnel but offering quick access to gang members.
Good examples would be hidden in a bathroom stall or trashcan, above door frames, or
outside in a student parking lot (Buhrmaster, 2007).
56
16.
Another surrounding threat may be other gang members, both friendly and rival, down
the hall from the contact, secreted in nearby classrooms or bathrooms. To fellow gang
members, the officer contact with their street brothers and sisters may be considered
threatening and warrant distractive, perhaps offensive, action. To rival gang members,
officer contact with their enemies may be seen as an opportunity to attack while the
enemy isn't watching – particularly if the attacker is looking to score points for courage
(and stupidity) for attacking in police presence (Buhrmaster, 2007).
17.
Remember, some students in a school may qualify as adults with respect to criminal
prosecution. Pay particular attention to juveniles who are with such individuals. Students
who are considered adults (age 17 and above) will likely know that younger gang
members may face lesser weapons possession charges than older members that are still in
the school setting. The younger students may also be considered less threatening to an
approaching officer, therefore older members may have younger members carry their
weapons for them. When approaching gang members, stay keenly alert to the younger
members, both for the fact that they may be armed and for the fact that, in an effort to
impress older members, they may be more inclined to confront, challenge or act violently
towards law enforcement (Buhrmaster, 2007).
18.
Pay particular attention to females. Under the assumption that officers approaching a
group of gang members may make the dangerous mistake of disregarding females as less
of a tactical risk than males, gang members may have females carry their weapons for
them. They may also do so with the thought that male officers without a female partner or
a female officer close by may shy away from closely searching a female in the group,
particularly if efforts to do so are met with resistance, threats and ridicule. Be prepared to
handle females with as much tactical caution and thoroughness as you would with males
(Buhrmaster, 2007).
19.
Avoid showing obvious disrespect. In gang culture, respect is often worth more than gold
and can make the difference between life and death. Efforts to degrade embarrass or
show outward disrespect for gang members will likely be met with strong resistance and
may incite violence that otherwise could have been avoided. Regardless of one’s true
feelings, try to maintain an air of respect without alluding to weakness, inferiority or lack
of control of the situation. A facade of respect will help an officer maintain control and
may yield mutual respect that will prove beneficial at the point of contact and in the
future. Do keep in mind, however, that in an arrest situation anything goes. If, for
example, a gang member being arrested asks that he not be cuffed him until he is out of
eyeshot of his associates to avoid embarrassment, this is an obvious no-no. Tactical
soundness takes priority over all other considerations (Buhrmaster, 2007).
20.
Don't overreact. Overreacting tends to make officers appear to be someone who shows
fear. Fear alludes to vulnerability and lack of control, which may increase the chances
that combative members become confrontational. However, be sure that in your effort to
avoid overreacting you don't underreact. An officer must remain in control of himself and
the situation while responding with the appropriate level of action (Buhrmaster, 2007).
21.
Know jargon and facts…or don't use them. One of the quickest ways to lose respect and
credibility and to put oneself in danger when dealing with gang members is to show signs
of ignorance to gang jargon and culture. Although communicating with gangbangers on a
colloquial level may facilitate better communication, deeper respect, and may yield more
information, if one is not up to date on all the current street terms, don't use them. The
same holds true with gang-related facts. If one is not sure of what he/she is saying, don't
say it. In the world of gangs and law enforcement, ignorance is not bliss, it's dangerous.
57
Also remember that if the conversation is started out in slang, then the standard has been
set for the rest of the conversation to also be held in slang (Buhrmaster, 2007).
III.
22.
Walk the walk. Never threaten anything that can't or won't be followed through on. If one
says he is going to respond in a certain way if questions aren't answered, do it. If one says
action will be taken if certain behavior isn't immediately terminated, take it. And on the
flip side, if one promises something that he/she can in fact provide in response to
cooperation, follow through on your agreement. Another quick way to lose credibility
and diminish the odds of future cooperation is to make shallow threats and meaningless
promises (Buhrmaster, 2007).
23.
Pay close attention to clothing. Some gang wear is conducive to effectively hiding
weapons. Things like baggy pants with deep pockets, oversized shirts, thick coats, and
ball caps lend themselves well to secreting a variety of weapons including, of course,
guns. Pay very close attention to the movements of gangbangers who may be wearing
clothes that are especially good for hiding weapons. Also, remember to search very
thoroughly and cautiously when that level of contact is warranted (Buhrmaster, 2007).
24.
Use interest as a means of gathering intelligence. An officer may be surprised at how
much can be learned just by asking with interest and waiting for an answer. Whenever
possible, ask gang members questions that may yield valuable intelligence information
without a demanding or overbearing tone. Ask about things like leadership, new gang
members, upcoming activities, problems with rival gangs, shifts in territory…anything
and everything that may prove helpful to anti-gang efforts. Be sure to take notes when
reasonable and be sure to share the intelligence with command staff, fellow officers and
the gang unit (Buhrmaster, 2007).
SUMMARY
The purpose of this course has been to present an overview of the gang problem and their influence or
existence within the school setting. Gangs are a reality. Law enforcement and school officials must
recognize, understand, and deal with them. Prevention, intervention, and suppression programs can be
effective to lower the levels of gang membership and violence. Through this training, officers should
have a new awareness of the totality of information and facts concerning the indicators of criminal
activity and things to look for in the school that may indicate gang activity or presence. If there is a
group problem, there is a gang problem. For the future, officers need to police the gangs with negative
tolerance. How negative tolerance works: Increase the costs of doing gang business, increase the risks,
use civil, administrative, and criminal sanctions to prevent new recruits, induce defection, and target
hardcore gang members for stiff enforcement.
58
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Criminal Street Gangs
LESSON PLAN #:
I0296D
STATUS (New/Revised):
Revised 2014
1.
Criminal Gang Prevention Act, SC Code of Laws Section 16-8-210 – 16-8-340 (2011).
2.
Valdez, A. (2005). A Guide to Understanding Street Gangs (4th ed). San Clemente, California:
LawTech Publishing
3.
Buhrmaster, S. 10 Practical tips for dealing with gang members. Retrieved December 10, 2007, from
http://www.policeone.com//gangs/articles/78017/
59
60
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Juvenile Procedures
LESSON PLAN #:
I0296E
TRAINING UNIT:
Police Science
TIME ALLOCATION:
6 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
STATUS (New/Revised):
Revised – Feb. 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To acquaint police officers, assigned as School Resource Officers, with the procedures associated with
juveniles and title 63 of the South Carolina Code of Laws.
EVALUATION PROCEDURES:
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
PowerPoint
LCD Projector
61
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Juvenile Procedures
LESSON PLAN #:
I0296E
STATUS (New/Revised):
Revised – Feb. 2015
PERFORMANCE OBJECTIVES:
1.
List the historical events and court cases which have an impact on the juvenile justice system.
2.
Define “child and court” as defined in title 63.
3.
Define terms in the family court system.
4.
List the procedures to be used when a juvenile is taken into custody.
5.
Identify status offenses and/or an offense which only applies to minors.
6.
Identify circumstances in which a juvenile may be transferred to General Sessions Court from Family
Court.
7.
List disposition procedures as they apply to juveniles.
8.
Discuss the school resource officer’s interaction and laws pertaining to schools.
62
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Juvenile Procedures
I.
LESSON PLAN #:
I0296E
STATUS (New/Revised):
Revised – Feb. 2015
INTRODUCTION
In today's society, offenses committed by young people continue to plague communities across the
country. Responding properly to these situations continues to be perceived as a difficult task by South
Carolina law enforcement officers. The complexity of the juvenile justice system, coupled with officers’
familiarity and comfort with the adult criminal justice system, often results in officers becoming
frustrated with the nuances of properly preparing a case within the juvenile justice system and they
regularly feel that the public interest is not served. The legislature has attempted to address some of the
frustrations brought forward by the law enforcement and juvenile justice communities, and in June 2008
they created a consolidated section in the South Carolina Code of Laws (Title 63) to assist in
streamlining juvenile statutes. The instructional material presented during this class was designed to
reduce confusion an officer may have with the juvenile justice system and better prepare officers
assigned to work in schools and closely with the youth of our society.
II.
BODY
A.
HISTORY AND COURT CASES
1.
2.
History
a.
South Carolina is considered a common law state, and many of our laws
originated from the common law of England. The founding philosophy behind
many of our juvenile laws comes from the common law concept of "Parens
Patriae." “Parens Patriae is a doctrine that’s empowers the government/state to
be the guardian to the ones who are unable to protect themselves or look after
themselves legally”. (Legal Explanations, 2007)
b.
At the turn of the century in 1899, the Illinois Court Act brought about the first
family court system in the United States. South Carolina's system has evolved
since the first juvenile corrections facility was established in 1900. Most of the
improvements to the juvenile system have occurred within the last 15 years, with
a flurry of changes and improvements happening since 1993. (Shepherd, 1999)
Court Cases
a.
Federal
(1)
Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045 (1966) - This case
deals with Morris Kent, who at the time of his offense was a juvenile
offender from the Washington D.C. area. Kent burglarized a residence and
was apprehended and detained. During this initial detention, Kent was
fingerprinted. Kent's case was adjudicated, and within two years, he was
apprehended a second time for burglary and rape. Latent fingerprints
recovered at the second crime scene matched prints that had been obtained
the first time Kent "had been through the system." Upon being detained
this second time, Kent was interviewed by detectives for over seven hours.
At trial, he was tried as an adult and convicted. He received a 30-90 year
sentence. Kent's attorneys appealed his conviction and the case was heard
63
by the Supreme Court in 1966. As a result of the appeal, the Supreme
Court created the following provisions:
(2)
(3)
(4)
(a)
Right to a hearing before transfer (In South Carolina this means
that a "child" has a right to a hearing in Family Court before a case
is transferred to General Sessions Court.)
(b)
Right to counsel at transfer hearing
(c)
Right to access by counsel to social records, probation reports, etc.
(They already have the right to incident reports, petitions, etc.)
Application of Gault 387 U.S. 1, 87 S.Ct. 1428 (1967) - This 1967 case
from Gila County, Arizona involved Gerald Gault, a juvenile. Gault and a
codefendant, Ronald Lewis, were apprehended and detained. When Gault
did not come home when expected, his mother filed a missing persons
report on her son. Eventually, Gault's mother was notified of her son's
location. Gault was tried, convicted, and sentenced to remain in detention
until his 21st birthday. This case was also reviewed by the United States
Supreme Court. They questioned many of the procedures utilized by the
police in this instance, and provided a decision that extended common
Fifth, Sixth, and Fourteenth Amendment protection to juveniles. The
decision stated that juvenile detainees were entitled to the following:
(a)
Notice of charges
(b)
Right to counsel
(c)
Right to confrontation
(d)
Privilege against self-incrimination
(e)
Right to cross-examination
(f)
Right to the essentials of due process and fair treatment
In Re Winship, 397 U.S. 358, 90 S.Ct. 1068 (1970) - Juvenile Court or
Family Court in South Carolina is primarily a civil court, even though
juvenile criminal charges are heard there. The standard burden of proof in
civil cases is typically only "a preponderance of the evidence presented."
This is less than the standard of "beyond a reasonable doubt" that is used
in criminal court. This case addressed this issue and found the following:
(a)
The burden of proof for juvenile criminal charges now becomes
"beyond a reasonable doubt."
(b)
This means that you have to prove that a juvenile offender violated
each element of the crime beyond a reasonable doubt, just like you
would in a criminal case against an adult.
McKeiver v. Pennsylvania, 403 U.S. 528, 91 S.Ct. 1976 (1971) - Provided
for the following:
(a)
Trial by jury is not constitutionally required in a Juvenile Court.
(b)
States may grant jury trials to juveniles.
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(c)
(5)
b.
In South Carolina, juveniles may be granted jury trials in
Magistrates or City Court; however, the jury does not have to be
"by their peers." In Family Court, there are no jury trials. If a case
is transferred from Family Court to General Sessions, the juvenile
is "tried as an adult," and is no longer considered a "child." Then
the defendant may choose whether he/she wants to be tried by a
jury or by the court (bench trial).
New Jersey v. T.L. O. 469 U.S. 325, 105 S.Ct. 733 (1985) - Students have
a legitimate expectation of privacy which is protected by the 4th
Amendment to the United States Constitution. Public school officials act
as representatives of the government therefore; they must comply with 4th
Amendment restrictions when conducting searches and seizures. Public
school officials do not need a search warrant or probable cause to search
or seize evidence from a student under their authority. In the absence of a
warrant and probable cause, the search of the student must be “reasonable
under all circumstances”. To satisfy this the search must be:
(a)
Justified at its inception
(b)
Reasonable in scope
Fourth Circuit of Appeals
(1)
(2)
Wofford v. Evans 390 F.3d 318 (2004) – A ten year old student was
detained by a school administrator and questioned two times about
whether she had bought a gun to school. The principal then contacted law
enforcement who also questioned the student about the location of the gun.
Several witnesses had reported seeing the student place the gun in the
woods behind this Virginia elementary school. The United States Court of
Appeals, Fourth Circuit concluded the following:
(a)
Since the juvenile remained on school property and under the
auspices of the school administrator during the investigation the
court “declined to announce a requirement of parental notification
or a ban on detentions of a certain length when school officials are
investigating a serious allegation of student misconduct”.
(b)
Once school officials seized the student for the suspected criminal
activity and they notified law enforcement of their suspicion, the
court found that any continued detention by law enforcement was
necessary and justified at its inception. Therefore, law enforcement
did not violate the student’s Fourth Amendment Rights by
detaining the student for further investigation.
DesRoches by DesRoches v. Caprio 156 F.3d 571 (1998) - A pair of
tennis shoes were stolen from a student’s desk in the art classroom at a
Virginia high school. The teacher reported the incident to the
administrator and advised him that only nineteen students had been in and
out of the classroom all day. The administrator announced to the class that
he was going to search the belongings of all nineteen students and that if
they refused the search it was an automatic ten day suspension. Mr.
DesRoches refused to allow the administrator to search his backpack. The
administrator was unable to locate the tennis shoes in any of the bookbags
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of the other eighteen students. The Court of Appeals stated that the search
did not violate the Fourth Amendment or New Jersey v. T.L.O. standards.
They also further stated that “in some situations a group of students may
be so small that the entire group may be searched without violating the
individualized suspicion requirement”.
c.
South Carolina
(1)
State v. Pittman 373 S.C. 527, 647 S.E.2d 144 (2007) – Christopher
Pittman, a 12 year old, shot and killed his paternal grandparents.
Originally, Pittman advised law enforcement that a black male had
murdered his grandparents and kidnapped Pittman. Upon further
investigation, law enforcement found evidence to support that Pittman was
the possible suspect. At that time, Pittman was advised of his Miranda
warnings and provided a statement to law enforcement admitting to the
murders. The South Carolina Supreme Court held that he was able to
make a valid waiver of his rights and provided a voluntary statement. The
court further stated that a juvenile’s confession would not be considered
involuntary just based on the age of the accused, presence of counsel,
presence of an interested adult, or a parent; but, based on the “totality of
the circumstances”.
While there is no state law or case law that requires a juvenile to have a
parent present during questioning, officers should follow their agency’s
Policies and Procedures when questioning students. Officers should also
utilize good judgment in determining if the student is capable of providing
a valid waiver of Miranda, especially when dealing with Special
Education students and elementary age students.
(2)
d.
In Interest of Thomas B.D., 326 S.C. 614, 486 S.E.2d 498 (1997) - Law
enforcement received a call from a mother requesting them to go pick up
her son Thomas B.D., 16 years of age, from someone else’s house and
take him to school. Law enforcement located Thomas B.D. and while
transporting him to school he asked if he could smoke. Upon arrival at the
school, the law enforcement officer took the cigarette pack from Thomas’s
shirt pocket. The officer then observed a marijuana roach inside the clear
cellophane wrapper of the cigarette pack. Thomas was placed under arrest,
searched incident arrest, and more marijuana was located in his wallet.
The law enforcement officials argued they could search based on New
Jersey v. T.L.O. Because the student was searched by a police officer on
school grounds, the court did not agree. The court ruled that this exception
only applied to “school authorities acting alone and on their own
authority”. They also would not provide an opinion on the “legality of
searches conducted by school officials in conjunction with or at the behest
of law enforcement.”
Persuasive Authority
(1)
J. D. B. v. North Carolina 564 U. S. __ - 09-11121 (2011) - This case
determines whether a juvenile can distinguish between being in custody
during an interview/interrogation and being free to leave. J.B.D., a 13
year old student, was found in the backyard of a burglary by the victim.
The 13 year old was questioned by police on scene. After notifying his
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grandmother (legal guardian) and aunt he was released. Information was
later received that J.B.D. was in possession of a digital camera from the
burglary. Approximately 5 days later, he was removed from class by the
SRO and escorted to a conference room where he was interviewed in the
presence of two school administrators and two police officers. The
interview lasted for 30-45 minutes. J.B.D. denied any involvement in the
burglary. J.B.D. was confronted about being at the crime scene and having
possession of the digital camera. J.B.D. was urged by an administrator to
“do the right thing” because “the truth always comes out in the end”.
J.B.D. inquired “if he returns the stuff would he still be in trouble?” In
response, the investigator explained that the return of the items would be
helpful, but “this thing is going to court” regardless. He then warned
J.B.D. that he may detain him if he thought he might commit more
burglaries. J.B.D. asked for clarification about being detained and
received it from the investigator. After learning about the possibility of
detention, J.B.D. confessed to the burglaries and implicated his
accomplice. J. D. B. was then informed that he could refuse to answer the
investigator’s questions and that he was free to leave. Asked whether he
understood, J. D. B. nodded and provided further detail, including
information about the location of the stolen items. Eventually, J.B.D.
wrote a statement, at the investigators request. When the bell rang
indicating the end of the school day, J.B.D. was allowed to leave to catch
the bus home (Jack, 2011).
(a)
Does the interview/interrogation require Miranda Warnings?
(b)
Based on age, can a juvenile differentiate between being free to
leave a interview/interrogation and being in formal custody
(arrest)?
Note: Officers should follow their department’s policies and procedures
concerning investigations involving juveniles. The U.S. Supreme
Court has found that a juvenile’s age should be considered in
determining if the juvenile is in “custody” and should have been
given Miranda warnings before interrogation. Officers should be
aware that a “totality of the circumstances” analysis from the
standpoint of a reasonable juvenile of similar age will be used.
Other cases have held that the issue of whether a suspect is in
“custody” under Miranda was resolved when officers informed the
suspect that he was not under arrest and was free to leave at any
time. The Court specifically stated in the J.D.B. opinion that he
was given no such warning. Officers should advise juvenile
suspects similarly while understanding that such an advisement
will not definitively resolve the issue of “custody” of juveniles. If
circumstances progress to “taken into custody” (the term for
“arrest” juvenile proceedings) or if the juvenile’s freedom of
movement is restricted in any significant way and the officer
intends to continue with questioning, Miranda warnings must be
given.
(2)
West v. United States, 399 F. 2nd 467 (5th Circuit, 1968), cert. denied, 393
U.S. 1102, 89s. Ct. 903, 21 L.ed. 2d 795 (1969) - This case established
which factors are used to determine the validity of a minor's waiver of
67
his/her Miranda Rights. Juveniles are entitled to Miranda warnings if they
are being interrogated in a custodial setting, just like an adult offender.
The following factors will be evaluated by the court utilizing a "totality of
the circumstances" standard to determine whether a juvenile gave a valid
waiver of his/her rights.
(a)
Age of accused
(b)
Education of the accused
(c)
Knowledge of the accused as to the substance of the charge
(d)
Knowledge of the accused as to the right to consult with an
attorney and the right to remain silent
(e)
Whether interrogated before or after formal charges have been
filed
(f)
Methods used in interrogation(s)
(g)
Length of interrogation(s)
(h)
Whether the accused refused to voluntarily give statements on
prior occasions
(i)
Whether the accused has repudiated an extra judicial statement at a
later date
(k)
Whether the accused is held incommunicado or allowed to consult
with relatives, friends, or an attorney
In court this is often referred to as a Jackson v. Denno hearing, similar to
the case that controls this procedure for adults in criminal proceedings. It
should be pointed out that you do not need the permission of parents to
interview a child.
Note: This case carries persuasive authority only in the state of South Carolina.
This means that a court in South Carolina may choose to follow the ruling
in this case, but is not bound to follow it. Cases carrying persuasive
authority are often used to attempt to persuade a court to rule in favor of
the decision in that case when there is no law directly on point for the
issue involved.
Note: Some states have adopted the lesser threshold of reasonable suspicion for school
resource officers in very specific situations. They are as follows: People v.
Dilworth, 169 Ill. 2d 195, 661 N.E.2d 310, 317, 214 Ill. Dec. 456 (Ill 1996);
Commonwealth v. J.B., 719 A.2d 1058, 1062 (Pa. Super. Ct. 1998); Russell v.
State, & 74 S.W.3d 887, 891 (Tex. App. 2002).
Other states have held the probable cause standard still applies to school
resource officers when conducting searches of students. They are as follows:
A.J.M. v. State, 617 So.2d 1137, 1138 (Fla. Dist. Ct. App. 1993); & Patman v.
State, 244 Ga. App. 833, 537 S.E.2d 118, 120 (Ga. Ct. App. 2000).
However, there is no case law in South Carolina or the Fourth Circuit to support
use of the lesser standard of reasonable suspicion. Therefore, our threshold for
68
school resource officers is probable cause when searching students. So, in the
absence of extraordinary circumstances, a search of a student may only be
accomplished in cases of search incident to a lawful custodial arrest, search when
the student consents, or search pursuant to a search warrant.
There is also case law that makes it very clear that if an administrator is directed
by law enforcement when conducting a search, then the standard must be
probable cause [F.P. v. State, 528 So. 2d 1253, 1254 (Fla. Dist. Ct. App. 1988)]
B.
DEFINITIONS OF “CHILD AND COURT” AS DEFINED IN TITLE 63
1.
2.
Definition Of A Child
a.
‘Child’ or ‘juvenile’ means a person less than seventeen years of age (when dealt
with for criminal offenses) (S.C. Code §63-19-20(1))
b.
‘Child’ or ‘juvenile’ does not mean a person sixteen years of age or older who is
charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a
felony which provides for a maximum term of imprisonment of fifteen years or
more. However, a person sixteen years of age who is charged with a Class A, B,
C, or D felony as defined in Section 16-1-20 or a felony which provides for a
maximum term of imprisonment of fifteen years or more may be remanded to the
family court for disposition of the charge at the discretion of the solicitor. An
additional or accompanying charge associated with the charges contained in this
item must be heard by the court with jurisdiction over the offenses contained in
this item. (S.C. Code §63-19-20(1))
c.
"Child" means a person under the age of eighteen (when dealt with as an "abused
or neglected" child) (S.C. Code §63-1-40(1))
Definition of Court (S.C. Code §63-3-510 and S.C. Code §63-1-40(2)) and Jurisdiction
"Court" means the Family Court. The Family Court is a civil court. It is the court which
has original jurisdiction and is the sole court for initiating action:
a.
Concerning any child living or found within the geographical limits of its
jurisdiction;
b.
who is neglected as to proper or necessary support or education as required by
law, or as to medical, psychiatric, psychological, or other care necessary to his
well-being, or who is abandoned by his parent or other custodian;
c.
whose occupation, behavior, condition, environment or other associations are
such as to injure or endanger his welfare or that of others;
d.
who is beyond the control of his parent or other custodian;
e.
who is alleged to have violated or attempted to violate any state or local law or
municipal ordinance, regardless of where the violation occurred except for as
provided in Section 63-3-520; [S.C. Code §63-3-520 - Magistrates and Municipal
Courts have concurrent jurisdiction with the Family Court for the trial of persons
under seventeen years of age charged with Title 50 (Wildlife) and Traffic
violations.]
e.
Whose custody is the subject of controversy, except in those cases where the law
now gives other courts concurrent jurisdiction. In the consideration of these cases,
69
the court shall have concurrent jurisdiction to hear and determine the issue of
custody and support.
C.
TERMS IN THE FAMILY COURT SYSTEM
Adult Terms
vs.
Juvenile Terms
Accusation/Indictment
Petition
Arrest
Taken into Custody
Conviction
Adjudication
Court of Record
Court (Family Court)
Crime
Delinquent Act
Criminal
Delinquent Child
Holding in Jail
Detention
Probation
Probation
Sentence to Imprisonment
Commitment
Sentencing Hearing
Dispositional Hearing
Trial
Adjudicatory Hearing
(Siegel & Senna, 1997)
D.
PROCEDURES TO BE USED WHEN TAKING A JUVENILE INTO CUSTODY
1.
2.
Steps In The Family Court System
a.
Intake
b.
Adjudication Hearing
c.
Disposition Hearing
Notification Of Parent, Guardian, Or Custodian [S.C. Code §63-19-810 (A) & (B)]
a.
When a child found violating a criminal law or ordinance is taken into custody,
the taking into custody is not an arrest. The jurisdiction of the court attaches from
the time of the taking into custody. When a child is taken into custody, the officer
taking the child into custody shall notify the parent, guardian, or custodian of the
child as soon as possible. Unless otherwise ordered by the court, the person taking
the child into custody may release the child to a parent, a responsible adult, a
responsible agent of a court-approved foster home, group home, nonsecure
facility, or program upon the written promise, signed by the person, to bring the
child to the court at a stated time or at a time the court may direct. The written
promise, accompanied by a written report by the officer, must be submitted to the
South Carolina Department of Juvenile Justice as soon as possible, but not later
than twenty-four hours after the child is taken into custody. If the person fails to
produce the child as agreed, or upon notice from the court, a summons or a
warrant may be issued for the apprehension of the person or of the child.
70
b.
3.
When a child is not released pursuant to subsection (A), the officer taking the
child into custody shall immediately notify the authorized representative of the
Department of Juvenile Justice, who shall respond within one hour by telephone
or to the location where the child is being detained. Upon responding, the
authorized representative of the department shall review the facts in the officer’s
report or petition and any other relevant facts and advise the officer if, in his
opinion, there is a need for detention of the child. The officer’s written report
must be furnished to the authorized representatives of the department and must
state:
(1)
the facts of the offense;
(2)
the reason why the child was not released to the parent. Unless the child is
to be detained, the child must be released by the officer to the custody of
his parents or other responsible adult upon their written promise to bring
the child to the court at a stated time or at a time the court may direct.
However, if the offense for which the child was taken into custody is a
violent crime as defined in Section 16-1-60, the child may be released
only by the officer who took the child into custody. If the officer does not
consent to the release of the child, the parents or other responsible adult
may apply to any judge of the family court within the circuit for an ex
parte order of release of the child. The officer’s written report must be
furnished to the family court judge. The family court judge may establish
conditions for such release.
Procedural Concerns
a.
A juvenile who is in custody should be handcuffed.
b.
A juvenile who is in custody should be searched.
c.
According to Section 63-19-2030 (F), A child charged with any offense may be
photographed by the law enforcement agency that takes the child into custody. If
the child is taken into secure custody and detained, the detention facility must
photograph the child upon admission. These photographs may only be
disseminated for criminal justice purposes or to assist the Missing Persons
Information Center in the location or identification of a missing or runaway child.
Note: The only restriction would be that these photographs be kept separate from those
of adults. They can also be used in a photo line-up as long as the line-up meets the
standard legal test.
4.
Fingerprinting Juveniles [S.C. Code §63-19-2030(G)]
A child charged with an offense that would carry a maximum term of imprisonment of
five years or more if committed by an adult must be fingerprinted by the law enforcement
agency that takes the child into custody. If the child is taken into secure custody and
detained, the detention facility must fingerprint the child upon admission. In addition, a
law enforcement agency may petition the court for an order to fingerprint a child when:
(1)
the child is charged with any other offense; or
(2)
the law enforcement agency has probable cause to suspect the child of committing
any offense.
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5.
Transportation Of Juveniles (S.C. Code §63-19-850)
No child may be transported to a juvenile detention facility in a police vehicle which also
contains adults under arrest. When a child is to be transported to or from a juvenile
detention facility following a detention screening review conducted by the Department of
Juvenile Justice or after a detention order has been issued by the court, the local law
enforcement agency which originally took the child into custody shall transport this child
to or from the juvenile detention facility. Transportation of juveniles between department
facilities, if necessary, is the responsibility of the department.
6.
Petitioning A Juvenile Into Family Court (S.C. Code §63-19-1020)
The following individuals may petition a juvenile into Family Court:
a.
Parent(s) or custodian of any child
b.
An official of a child welfare board
c.
Any public official charged by law with care of the poor
d.
Any person having knowledge or information of a nature which convinces such
person that a child is neglected or delinquent
e.
Any person who has suffered injury through the delinquency of any such child
f.
An officer having an arrested child in charge
Note: Petitions are the “charging” document for Family Court. Petitions should contain
the required elements of the crime charged and specific facts supporting probable
cause. Petitions require no initial judicial review; however, they will be presented
to the Family Court Judge. Petitions should be initiated by the law enforcement
agency and tracked. They may constitute the only record of a child’s delinquent
behavior available to the law enforcement agency.
7.
Detention
a.
b.
Age Guidelines for Pretrial Detention [S.C. Code §63-19-820 (F)]
(1)
Children 10 years of age or younger may never be detained pretrial.
(2)
Children 11 and 12 years of age may be detained pretrial only with a court
order signed by a Family Court judge.
(3)
A child who meets the criteria provided in this subsection is eligible for
detention. Therefore, it is assumed children 13 through 16 years of age
may be detained pretrial under the conditions outlined in Section
63-19-820.
Juvenile Offender Detention Procedures [S.C. Code §63-19-820 (A)-(B) & (G)]
(1)
When the officer who took the child into custody determines that
placement of a juvenile outside the home is necessary, the authorized
representative of the Department of Juvenile Justice shall make a diligent
effort to place the child in an approved home, program, or facility, other
than a secure juvenile detention facility, when these alternatives are
appropriate and available.
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(2)
(3)
A child is eligible for detention in a secure juvenile detention facility only
if the child:
(a)
is charged with a violent crime as defined in Section 16-1-60;
(b)
is charged with a crime which, if committed by an adult, would be
a felony or a misdemeanor other than a violent crime, and the
child:
(i)
is already detained or on probation or conditional release or
is awaiting adjudication in connection with another
delinquency proceeding;
(ii)
has a demonstrable recent record of willful failures to
appear at court proceedings;
(iii)
has a demonstrable recent record of violent conduct
resulting in physical injury to others; or
(iv)
has a demonstrable recent record of adjudications for other
felonies or misdemeanors; and
aa.
there is reason to believe the child is a flight risk or
poses a threat of serious harm to others; or
bb.
the instant offense involved the use of a firearm;
(c)
is a fugitive from another jurisdiction;
(d)
requests protection in writing under circumstances that present an
immediate threat of serious physical injury;
(e)
had in his possession a deadly weapon;
(f)
has a demonstrable recent record of willful failure to comply with
prior placement orders including, but not limited to, a house arrest
order;
(g)
has no suitable alternative placement and it is determined that
detention is in the child’s best interest or is necessary to protect the
child or public, or both; or
(h)
is charged with an assault and battery or an assault and battery of a
high and aggravated nature on school grounds or at a schoolsponsored event against any person affiliated with the school in an
official capacity.
A child who meets the criteria provided in this subsection is eligible for
detention. Detention is not mandatory for a child meeting the criteria if
that child can be supervised adequately at home or in a less secure setting
or program. If the officer does not consent to the release of the child, the
parents or other responsible adult may apply to the family court within the
circuit for an ex parte order of release of the child. The officer’s written
report must be furnished to the family court judge who may establish
conditions for the release.
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(4)
For purposes of this section, ‘adult jail’ or other place of detention for
adults includes a state, county, or municipal police station, law
enforcement lockup, or holding cell. ‘Secure confinement’ means an area
having bars or other restraints designed to hold one person or a group of
persons at a law enforcement location for any period of time and for any
reason. Secure confinement in an adult jail or other place of detention does
not include a room or a multipurpose area within the law enforcement
center which is not secured by locks or other security devices. Rooms or
areas of this type include lobbies, offices, and interrogation rooms.
Juveniles held in these areas are considered to be in nonsecure custody as
long as the room or area is not designed for or intended for use as a
residential area, the juvenile is not handcuffed to a stationary object while
in the room or area, and the juvenile is under continuous visual
supervision by facility staff while in this room or area which is located
within the law enforcement center. Secure confinement also does not
include a room or area used by law enforcement for processing ‘booking’
purposes, irrespective of whether it is determined to be secure or
nonsecure, as long as the juvenile’s confinement in the area is limited to
the time necessary to fingerprint, photograph, or otherwise ‘book’ the
juvenile in accordance with state law.
Note: Detention is a very important decision and should be made by the
officer based upon specific facts, not the child’s attitude. At the
detention hearing the officer will be required to testify as to his/her
reasons for detaining the child. The officer should be prepared to
establish sufficient probable cause and be able to clearly articulate
the reason why this child should be detained. Generally, the Court
will be looking for specific facts as to why the child is a danger to
himself and the community based upon his actions. The officer
should be a part of the process of preparing the motion to detain
and have a clear understanding with the Solicitor as to the
testimony required. A child’s past record should be used if it
establishes a pattern that clearly demonstrates a need to detain.
Also, school records can be used on truancy, discipline, and
attitude can be very important as far as determining whether the
child is a flight risk or willing to cooperate with the upcoming
procedures. The same can be said for the parent or guardian.
8.
Length of Detention
a.
[S.C. Code §63-19-810(D)] Juveniles may be held in nonsecure custody within
the law enforcement center for only the time necessary for purposes of
identification, investigation, detention, intake screening, awaiting release to
parents or other responsible adult, or awaiting transfer to a juvenile detention
facility or to the court for a detention hearing.
b.
[S.C. Code §63-19-820(C)] No child may be placed in secure confinement or
ordered detained by the court in secure confinement in an adult jail or other place
of detention for adults for more than six hours. However, the prohibition against
the secure confinement of juveniles in adult jails does not apply to juveniles who
have been waived to the court of general sessions for the purpose of standing trial
as an adult. Juveniles placed in secure confinement in an adult jail during this six74
hour period must be confined in an area of the jail which is separated by sight and
sound from adults similarly confined.
c.
[S.C. Code §63-19-820(D)] Temporary holdover facilities may hold juveniles
during the period between initial custody and the initial detention hearing before a
family court judge for a period up to forty-eight hours, excluding weekends and
state holidays.
d.
S.C. Code §63-19-830
(1)
If the officer who took the child into custody has not released the child to
the custody the child’s parents or other responsible adult, the court shall
hold a detention hearing within forty-eight hours from the time the child
was taken into custody, excluding Saturdays, Sundays, and holidays. At
this hearing, the authorized representative of the department shall submit
to the court a report stating the facts surrounding the case and a
recommendation as to the child’s continued detention pending the
adjudicatory and dispositional hearings. The court shall appoint counsel
for the child if none is retained. No child may proceed without counsel in
this hearing, unless the child waives the right to counsel and then only
after consulting at least once with an attorney. At the conclusion of this
hearing, the court shall determine whether probable cause exists to justify
the detention of the child and the appropriateness of, and need for, the
child’s continued detention. If continued detention of a juvenile is
considered appropriate by the court and if a juvenile detention facility
exists in that county which meets state and federal requirements for the
secure detention of juveniles or if that facility exists in another county
with which the committing county has a contract for the secure detention
of its juveniles and if commitment of a juvenile by the court to that facility
does not cause the facility to exceed its design and operational capacity,
the family court shall order the detention of the juvenile in that facility. A
juvenile must not be detained in secure confinement in excess of ninety
days except in exceptional circumstances as determined by the court. A
detained juvenile is entitled to further and periodic review:
(a)
within ten days following the juvenile’s initial detention hearing;
(b)
within thirty days following the ten-day hearing; and
(c)
at any other time for good cause shown upon motion of the child,
the State, or the department.
If the child does not qualify for detention or otherwise require continued
detention under the terms of Section 63-19-820(A) or (B), the child must
be released to a parent, guardian, or other responsible person.
(2)
A juvenile ordered detained in a facility must be screened within twentyfour hours by a social worker or if considered appropriate by a
psychologist in order to determine whether the juvenile is emotionally
disturbed, mentally ill, or otherwise in need of services. The services must
be provided immediately.
75
E.
F.
STATUS OFFENSES
1.
[S.C. Code §63-19-20 (9)] - ‘Status offense’ means an offense which would not be a
misdemeanor or felony if committed by an adult including, but not limited to,
incorrigibility or beyond the control of parents, truancy, running away, playing or
loitering in a billiard room, playing a pinball machine, or gaining admission to a theater
by false identification.
2.
[S.C. Code §63-19-820 (E)] - A child who is taken into custody because of a violation of
law which would not be a criminal offense under the laws of this State if committed by
an adult must not be placed or ordered detained in an adult detention facility. A child who
is taken into custody because of a violation of the law which would not be a criminal
offense under the laws of this State if committed by an adult must not be placed or
ordered detained more than twenty-four hours in a juvenile detention facility, unless an
order previously has been issued by the court, of which the child has notice and which
notifies the child that further violation of the court’s order may result in the secure
detention of that child in a juvenile detention facility. If a juvenile is ordered detained for
violating a valid court order, the juvenile may be held in secure confinement in a juvenile
detention facility for not more than seventy-two hours, excluding weekends and holidays.
However, nothing in this section precludes a law enforcement officer from taking a status
offender into custody.
3.
[S.C. Code §63-19-1420 (A)] - If a child is adjudicated delinquent for a status offense or
is found in violation of a court order relating to a status offense, the court may suspend or
restrict the child’s driver’s license until the child’s seventeenth birthday.
TRANSFER OF JURISDICTION (S.C. Code §63-19-1210)
In accordance with the jurisdiction granted to the family court pursuant to Sections 63-3-510,
63-3-520, and 63-3-530, jurisdiction over a case involving a child must be transferred or retained
as follows:
(1)
If, during the pendency of a criminal or quasi-criminal charge against a child in a circuit
court of this State, it is ascertained that the child was under the age of seventeen years at
the time of committing the alleged offense, it is the duty of the circuit court immediately
to transfer the case, together with all the papers, documents, and testimony connected
with it, to the family court of competent jurisdiction, except in those cases where the
Constitution gives to the circuit court exclusive jurisdiction or in those cases where
jurisdiction has properly been transferred to the circuit court by the family court under the
provisions of this section. The court making the transfer shall order the child to be taken
immediately to the place of detention designated by the court or to that court itself, or
shall release the child to the custody of some suitable person to be brought before the
court at a time designated. The court then shall proceed as provided in this chapter. The
provisions of this section are applicable to all existing offenses and to offenses created in
the future unless the General Assembly specifically directs otherwise.
(2)
Whenever a child is brought before a magistrate or city recorder and, in the opinion of the
magistrate or city recorder, the child should be brought to the family court of competent
jurisdiction under the provisions of this section, the magistrate or city recorder shall
transfer the case to the family court and direct that the child involved be taken there.
(3)
When an action is brought in a circuit court which, in the opinion of the judge, falls
within the jurisdiction of the family court, he may transfer the action upon his own
motion or the motion of any party.
76
(4)
If a child sixteen years of age or older is charged with an offense which, if committed by
an adult, would be a misdemeanor, a Class E or F felony as defined in Section 16-1-20, or
a felony which provides for a maximum term of imprisonment of ten years or less, and if
the court, after full investigation, considers it contrary to the best interest of the child or
of the public to retain jurisdiction, the court, in its discretion, acting as committing
magistrate, may bind over the child for proper criminal proceedings to a court which
would have trial jurisdiction of the offense if committed by an adult.
(5)
If a child fourteen or fifteen years of age is charged with an offense which, if committed
by an adult, would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a
felony which provides for a maximum term of imprisonment of fifteen years or more, the
court, after full investigation and hearing, may determine it contrary to the best interest of
the child or of the public to retain jurisdiction. The court, acting as committing
magistrate, may bind over the child for proper criminal proceedings to a court which
would have trial jurisdiction of the offenses if committed by an adult.
(6)
Within thirty days after the filing of a petition in the family court alleging the child has
committed the offense of murder or criminal sexual conduct, the person executing the
petition may request in writing that the case be transferred to the court of general sessions
with a view to proceeding against the child as a criminal rather than as a child coming
within the purview of this chapter. The judge of the family court is authorized to
determine this request. If the request is denied, the petitioner may appeal within five days
to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested
with the discretion of exercising and asserting the jurisdiction of the court of general
sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to
exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an
order to that effect, and then the family court has no further jurisdiction in the matter.
(7)
Once the family court relinquishes its jurisdiction over the child and the child is bound
over to be treated as an adult, Section 63-19-2020 dealing with the confidentiality of
identity and fingerprints does not apply.
(8)
When jurisdiction is relinquished by the family court in favor of another court, the court
shall have full authority and power to grant bail, hold a preliminary hearing and any other
powers as now provided by law for magistrates in such cases.
(9)
A child fourteen years of age or older may be waived up if charged with any of the
following three crimes:
a.
Section 44-53-445--The sale of drugs within a one-half mile radius of a school.
b.
Assault and battery of a high and aggravated nature (ABHAN).
c.
Section 16-23-430(I)--Carrying a weapon on school property. Weapon in this
instance is defined as:
(1)
A knife with a blade over two inches long
(2)
A blackjack
(3)
A metal pipe or pole
(4)
A firearm
77
(5)
(10)
Any other type of weapon, device, or object which may be used to inflict
bodily injury or death
If a child fourteen years of age or older is charged with an offense which, if committed by
an adult, provides for a term of imprisonment of ten years or more and the child
previously has been adjudicated delinquent in family court or convicted in circuit court
for two prior offenses which, if committed by an adult, provide for a term of
imprisonment of ten years or more, the court acting as committing magistrate shall bind
over the child for proper criminal proceedings to a court which would have trial
jurisdiction of the offense if committed by an adult. For the purpose of this item, an
adjudication or conviction is considered a second adjudication or conviction only if the
date of the commission of the second offense occurred subsequent to the imposition of
the sentence for the first offense.
Note: The court, when conducting a transfer hearing, is required to address those issues
outlined in Kent v. U.S., 383 U.S. 541, 86, S.Ct. 1045 (1966). In an appendix to
this case, the court listed eight items the court must consider when evaluating the
request to transfer. These items are important to the officer and must be
understood prior to the hearing. They are:
a.
The seriousness of the alleged offense to the community and whether the
protection of the community requires waiver.
b.
Whether the alleged offense was committed in an aggressive, violent,
premeditated, or willful manner.
c.
Whether the alleged offense was against persons or property, greater weight being
given to offenses against persons especially if personal injury resulted.
d.
The prosecutive merit of the complaint; i.e., whether there is evidence upon which
a Grand Jury may be expected to return an indictment.
e.
The desirability of trial and disposition of the entire offense in one court when the
juvenile’s associates in the alleged offense are adults.
f.
The sophistication and maturity of the juvenile as determined by consideration of
his/her home, environmental situation, emotional attitude, and pattern of living.
g.
The record and previous history of the juvenile, including previous contacts with
the Youth Aid Division, other law enforcement agencies, juvenile courts and
other jurisdictions, prior periods of probation to this court, or prior commitments
to juvenile institutions.
h.
The prospects for adequate protection of the public and the likelihood of
reasonable rehabilitation of the juvenile by the use of procedures, services, and
facilities currently available to the Juvenile Court.
Procedures that must be taken if a juvenile is waived to General Sessions Court:
1.
A warrant must be served on the juvenile. [S.C. Code §63-19-1210 (8)]
2.
The juvenile is entitled to a bond hearing. [S.C. Code §63-19-1210 (8)]
3.
The juvenile loses his/her right to confidentiality on the charge for which he/she was
waived. Also, confidentiality no longer applies to any fingerprints collected that belong to
the charged juvenile. [S.C. Code §63-19-1210 (7)]
78
G.
DISPOSITION PROCEDURES AS THEY APPLY TO JUVENILES (S.C. Code §63-19-1440)
1.
A child, after the child’s twelfth birthday and before the seventeenth birthday or while
under the jurisdiction of the family court for disposition of an offense that occurred prior
to the child’s seventeenth birthday, may be committed to the custody of the Department
of Juvenile Justice which shall arrange for placement in a suitable corrective
environment. Children under the age of twelve years may be committed only to the
custody of the department which shall arrange for placement in a suitable corrective
environment other than institutional confinement. No child under the age of seventeen
years may be committed or sentenced to any other penal or correctional institution of this
State.
2.
All commitments to the custody of the Department of Juvenile Justice for delinquency as
opposed to the conviction of a specific crime may be made only for the reasons and in the
manner prescribed in Sections 63-3-510, 63-3-520, 63-3-580, 63-3-600, 63-3-650, and
this chapter, with evaluations made and proceedings conducted only by the judges
authorized to order commitments in this section. When a child is committed to the
custody of the department, commitment must be for an indeterminate sentence, not
extending beyond the twenty-first birthday of the child unless sooner released by the
department, or for a determinate commitment sentence not to exceed ninety days.
3.
The court, before committing a child as a delinquent or as a part of a sentence including
commitments for contempt, shall order a community evaluation or temporarily commit
the child to the Department of Juvenile Justice for not more than forty-five days for
evaluation. A community evaluation is equivalent to a residential evaluation, but it is not
required to include all components of a residential evaluation. However, in either
evaluation the department shall make a recommendation to the court on the appropriate
disposition of the case and shall submit that recommendation to the court before final
disposition. The court may waive in writing the evaluation of the child and proceed to
issue final disposition in the case if the child:
4.
a.
has previously received a residential evaluation or a community evaluation and
the evaluation is available to the court;
b.
has been within the past year temporarily or finally discharged or conditionally
released for parole from a correctional institution of the department, and the
child’s previous evaluation or other equivalent information is available to the
court; or
c.
receives a determinate commitment sentence not to exceed ninety days.
When a juvenile is adjudicated delinquent or convicted of a crime or has entered a plea of
guilty or nolo contend ere in a court authorized to commit to the custody of the
Department of Juvenile Justice, the juvenile may be committed for an indeterminate
period until the juvenile has reached age twenty-one or until sooner released by the
releasing entity or released by order of a judge of the Supreme Court or the circuit court
of this State, rendered at chambers or otherwise, in a proceeding in the nature of an
application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise
released from the custody of the department by the juvenile’s nineteenth birthday must be
transferred to the custody and authority of the Youthful Offender Division of the
Department of Corrections. If not sooner released by the releasing entity, the juvenile
must be released by age twenty-one according to the provisions of the juvenile’s
commitment; however, notwithstanding the above provision, any juvenile committed as
79
an adult offender by order of the court of general sessions must be considered for parole
or other release according to the laws pertaining to release of adult offenders.
5.
A juvenile committed to the Department of Juvenile Justice following an adjudication for
a violent offense contained in Section 16-1-60 or for the offense of assault and battery of
a high and aggravated nature, who has not been paroled or released from the custody of
the department by his seventeenth birthday must be transferred to the custody and
authority of the Youthful Offender Division of the Department of Corrections. A juvenile
who has not been paroled or released from the custody of the department by his
nineteenth birthday must be transferred to the custody and authority of the Youthful
Offender Division of the Department of Corrections at age nineteen. If not released
sooner by the Board of Juvenile Parole, a juvenile transferred pursuant to this subsection
must be released by his twenty-first birthday according to the provisions of his
commitment. Notwithstanding the above provision, a juvenile committed as an adult
offender by order of the court of general sessions must be considered for parole or other
release according to the laws pertaining to release of adult offenders.
6.
Notwithstanding subsections (A) and (E), a child may be committed to the custody of the
Department of Juvenile Justice or to a secure evaluation center operated by the
department for a determinate period not to exceed ninety days when:
a.
the child has been adjudicated delinquent by a family court judge for a status
offense, as defined in Section 63-19-20, excluding truancy, and the order
acknowledges that the child has been afforded all due process rights guaranteed to
a child offender;
b.
the child is in contempt of court for violation of a court order to attend school or
an order issued as a result of the child’s adjudication of delinquency for a status
offense, as defined in Section 63-19-20; or
c.
the child is determined by the court to have violated the conditions of probation
set forth by the court in an order issued as a result of the child’s adjudication of
delinquency for a status offense, as defined in Section 63-19-20 including
truancy.
Orders issued pursuant to this subsection must acknowledge:
7.
H.
(1)
that the child has been advised of all due process rights afforded to a child
offender; and
(2)
that the court has received information from the appropriate state or local
agency or public entity that has reviewed the facts and circumstances
causing the child to be before the court.
A child committed under this section may not be confined with a child who has been
determined by the department to be violent.
INTERACTION AND LAWS PERTAINING TO SCHOOLS
4.
[S.C. Code §63-19-810 (C)] - When a child is charged by a law enforcement officer for
an offense which would be a misdemeanor or felony if committed by an adult, not
including a traffic or wildlife violation over which courts other than the family court have
concurrent jurisdiction as provided in Section 63-3-520, the law enforcement officer also
shall notify the principal of the school in which the child is enrolled, if any, of the nature
of the offense. This information may be used by the principal for monitoring and
80
supervisory purposes but otherwise must be kept confidential by the principal in the same
manner required by Section 63-19-2220 (E).
2.
[S.C. Code §59-24-60] - Requirement of school officials to contact law enforcement
authorities when criminal conduct occurs.
In addition to other provisions required by law or by regulation of the State Board of
Education, school administrators must contact law enforcement authorities immediately
upon notice that a person is engaging or has engaged in activities on school property or at
a school sanctioned or sponsored activity which may result or results in injury or serious
threat of injury to the person or to another person or his property as defined in local board
policy.
3.
[S.C. Code §59-63-1120] - Searches by school administrators or officials with or without
probable cause.
Notwithstanding any other provision of law, school administrators, and officials may
conduct reasonable searches on school property of lockers, desks, vehicles, and personal
belongings such as purses, bookbags, wallets, and satchels with or without probable
cause.
4.
[S.C. Code §59-63-1130] - Searches by principals or their designees.
Notwithstanding any other provision of law, school principals or their designees may
conduct reasonable searches of the person and property of visitors on school premises.
5.
[S.C. Code §59-63-1140] - Strip searches prohibited.
No school administrator or official may conduct a strip search.
6.
[S.C. Code §59-63-1150] - Compliance with case law; training of school administrators.
Notwithstanding any other provision of this article, all searches conducted pursuant to
this article must comply fully with the “reasonableness standard” set forth in New Jersey
v. T.L.O., 469 U.S. 328 (1985). All school administrators must receive training in the
“reasonableness standard” under existing case law and in district procedures established
to be followed in conducting searches of persons entering the school premises and of the
students attending the school.
7.
[S.C. Code §59-63-1160] - Posting of notice; costs of notice to be paid by State; effect of
failure to post notice.
Notice must be conspicuously posted on school property informing the provisions of this
article. The notice must be posted at least at all regular entrances and any other access
point to the school grounds. The costs of posting the notice required by this section must
be paid by the State. No school or school district shall be required to incur any financial
obligation for complying with the notice requirements contained in this section. The
failure to post the notice provided in this section shall not constitute a defense to any civil
action or criminal prosecution and shall not constitute grounds for any legal liability.
8.
[S.C. Code §63-19-2030 (E)] - Incident reports in which a child is the subject are to be
provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports,
including information identifying a child, must be provided by law enforcement to the
principal of the school in which the child is enrolled when the child has been charged
with any of the following offenses:
81
a.
a violent crime, as defined in Section 16-1-60;
b.
an offense that would carry a maximum term of imprisonment of fifteen years or
more if committed by an adult;
c.
a crime in which a weapon, as defined in Section 59-63-370, was used;
d.
assault and battery against school personnel, as defined in Section 16-3-612;
e.
assault and battery of a high and aggravated nature committed on school grounds
or at a school-sponsored event against any person affiliated with the school in an
official capacity; or
f.
distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of
Title 44.
Incident reports involving other offenses must be provided upon request of the principal.
This information must be maintained by the principal in the manner set forth in Section
63-19-2020(E) and must be forwarded with the child’s permanent school records if the
child transfers to another school or school district.
III.
SUMMARY
A.
REVIEW KEY POINTS
B.
QUESTIONS AND ANSWERS
C.
CLOSING STATEMENT
This block of instruction has addressed the concerns and issues within the juvenile justice
system, with emphasis placed on case law pertaining to juvenile prosecution, intake procedures,
detention concerns, status offenses, and specialized offenses involving minors, transfer of
jurisdiction, and disposition of cases. It is the intention of this block of instruction to better
prepare officers for dealing with juvenile offenders in the field.
82
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Juvenile Procedures
LESSON PLAN #:
I0296E
STATUS (New/Revised):
Revised-Feb. 2015
1.
Shepherd Jr., Robert E. (1999). The Juvenile court a 100 Years: A Look Back. Retrieved August 12,
2011 from http://www.ncjrs.gov/html/ojjdp/jjjournall299/2html
2.
Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045 (1966). Retrieved July 29, 2011, from
(http://supreme.justia.com/us/383/541/case.html
3.
In Re Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967). Retrieved July 29, 2011, from In Re Gault
http://supreme.justia.com/us/387/1/
4.
In Re Winship, 397 U.S. 358, 90 S.Ct. 1068 (1970). Retrieved July 29, 2011, from
http://supreme.justia.com/us/397/358/casr.html
5.
McKeiver v. Pennsylvania, 403 U.S. 528, 91 S.Ct. 1976 (1971). Retrieved July 29, 2011, from
http://supreme.justia.com/us/403/528/case.html
6.
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733 (1985). Retrieved July 29, 2011, from
http://supreme.justia.com/us/466/325/case.html
7.
Wofford v. Evans, 390 F.3d 318 (2004). Retrieved July 29, 2011, from
http://law.justia.com/cases/federal/appellate-courts/F3/390/318/506630/
8.
DesRoches by DesRoches v. Caprio, 156 F.3d 571 (1998). Retrieved July 29, 2011, from
http://law.justica.com/cases/Federal/appellate- courts/F3/156/571/481/783/
9.
State v. Pittman, 373 S.C. 527, 647 S.E.2d 144 (2007). Retrieved July 29, 2011, from
http://www.sccourts.org/opinions/displayopinion.cfm?caseNo=26336
10.
In Interest of Thomas B.D., 326 S.C. 614, 486 S.E.2d 498 (1997). Retrieved August 09, 2011, from
http://www.Westlaw@westlaw.com
11.
Ryan, Jack. (2011). U.S. Supreme Court J.DB. v. North Carolina. Retrieved July 29, 2011, from
http://www.llrmi.com/articles/legals_updates/2011_usjbd_v_nc.shtml
12.
West v. United States, 399 F. 2nd 467 (5th circuit, 1968) cert. denied, 393 U.S. 1102, 89s. Ct. 903, 21
L.ed 2d 795 (1969). Retrieved August 09, 2011, from http://www.Westlaw@westlaw.com
13.
Siegel, L. & Senna, J. (1997). Juvenile Delinquency; Theory and Practice. Chicago, IL.:West Publishing.
14.
SC Code of Laws. Title 63; Sections 63-19- 810 (A) & (B); 63-19-2030(G); 63-19-850; 63-19-1020; 63-19-820
(F), (A)-(B) & (G); 63-19-20 (9), 63-19-820 (E), 63-19-1420 (A); 63-19-810. (C); 59-24-60; 63-1120, 59-631130, 59-63-1140, 59-63-1150, 59-63-1160; 63-19-2030 (E).
15.
Personal Knowledge of S.C.C.J.A Instructor Anthony Ayers
16.
Microsoft 2007 Clipart
17.
Legal Explanations. (2007) Definition of Parens Patriae. Retrieved from http://www.legalexplanations.com/definitions/parens-patriae.htm
83
84
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Cyberbullying/Sexting
TRAINING UNIT:
Police Science
PRIMARY INSTRUCTOR:
Anthony Ayers
LESSON PLAN #:
STATUS (New/Revised):
I0296F
Revised Feb. 2015
TIME ALLOCATION:
2 Hours
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
July 15, 2011
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
The purpose of this course is to provide officers with an overview on Social Media and Sexting.
EVALUATION PROCEDURES:
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Laptop
Projector
Handouts
Markers
Screen
Tape
Paper
85
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Cyberbullying/Sexting
LESSON PLAN #:
I0296F
STATUS (New/Revised):
Revised Feb. 2015
PERFORMANCE OBJECTIVES:
1.
Define “cyberbullying”.
2.
Recognize the different forms of cyberbullying.
3.
Define “sexting”.
4.
Discuss 4th Amendment and Stored Communication Act in regards to searching cell phones.
5.
Identify duties of the officer and magistrate in determining facts and sources of information for a
search warrant affidavit and three elements to support probable cause.
6.
Discuss neutral, detached magistrate.
7.
Identify the requirement for an “oath” when obtaining a search warrant.
8.
Identify the requirement for a search warrant.
9.
Identify additional procedural requirements set forth in S.C. Code §17-13-140.
10.
Identify South Carolina laws used to prosecute obscene electronic communication.
11.
Discuss the South Carolina Safe School Climate Act.
86
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Cyberbullying/Sexting
I.
LESSON PLAN #:
I0296F
STATUS (New/Revised):
Revised Feb. 2015
INTRODUCTION
A.
INTRODUCE SELF
B.
PROVIDE A BRIEF BIOGRAPHY
C.
IDENTIFY OBJECTIVES
D.
OPENING STATEMENT
The world of social interaction is evolving at an enormous rate, young people are trendsetters in
the technology evolution and schools are becoming the showcase. With the emergence of social
media websites and Smartphone technology an electronic gateway has been opened to the world.
These convenient and popular websites have opened the door to a new venue to intimidate,
harass and prey on victims. Smartphone’s have enabled teens of all ages to transmit sexually
explicit photographs to any and all. Cyberbullying and Sexting are imminent threats to schools,
therefore; it’s pertinent that school resource officers are cognizant of such threats and acquire the
necessary skill sets to combat the threat.
II.
BODY
A.
DEFINE CYBERBULLYING
According to “How to stop bullying”, (2009), cyberbullying is a term that is used to identify a
new form of bullying which utilizes internet based websites, cellphones, emails and other
electronic devices to intimidate, harass, and stalk victims, The term may be new but the concept
is one that dates back to the childhood of almost every adult.
B.
RECOGNIZE THE DIFFERENT FORMS OF CYBERBULLYING
1.
Due to the growing impact of cyberbullying across the nation, it is important for officers
to recognize the different forms of cyberbullying. Cyberbullying can range in severity
from cruel or embarrassing rumors to threats, harassment, stalking or pranks. It can
affect any age group; however, teenagers and young adults are common victims.
Cyberbullying is a growing problem in schools. Many deaths and suicides have been
attributed to cyberbullying.
(www.Howtostopbullying.com, 2009, Para 3)
2.
Direct Cyberbullying
Direct cyberbullying is a form that involves direct contact between the bully(s) and the
victim(s). This type of contact may occur through short message service (sms) on
cellphones, email messages sent from a particular email address, comments or tweets that
are sent using a social media site like Facebook, Twitter or Instagram. With experience of
investigating these types of cases the victim usually knows who the suspect is and can tell
you why they’re being targeted by the bully. Although this is not always the case in direct
cyberbullying sometimes the suspect picks a random victim.
87
According to StopCyberbullying.org (n.d.), types of cyberbullying include the following:
3.
a.
Instant messaging
b.
Stealing passwords
c.
Blogs
d.
Web sites
e.
Sending pictures (Email/cell phones)
f.
Internet polling (who’s hot and who’s not)
g.
Interactive gaming
h.
Sending malicious code (virus)
i.
Sending porn and other junk E-mail
j.
Impersonation
Cyberbullying by Proxy
Cyberbullying by proxy involves the suspect(s) utilizing various different people to target
a victim of cyberbullying or hijacking the victim’s computer account to send out
malicious messages. This action causes the victim to receive a multitude of disrespectful
or rude comments.
a.
Cyberbullying by proxy is the most dangerous form of cyberbullying because it
allows an attacker to conceal his or her identity using fictitious email accounts or
false screen names.
b.
The effects of the cyberbullying are able to impact the victim throughout his
entire social networking contact list. To include external sources invited by the
cyberbully. (blogs or chat groups)
c.
The level of cruelty can be more severe because it’s done from a physically
distant location.
(Hinduja, 2010)
Cyberbullying Case Study (See Appendix A): Students will be broken into 4 groups,
given 20 minutes to read the Tyler Clementi case study, and answer 4 questions
pertaining to the case study.
C.
DEFINE SEXTING
According to Soronen and Vitale (2010), “Sexting is the practice by which teens forward
sexually explicit images of themselves or their peers via text message or social media websites”.
D.
DISCUSS 4TH AMENDMENT AND STORED COMMUNICATION ACT IN REGARDS TO
SEARCHING CELLPHONES
1.
Klump v. Nazareth Area School District 425 F. Supp. 2d 622 - Dist. Court, ED
Pennsylvania (2006) - A teacher confiscated Christopher Klump’s cellphone because he
displayed the phone in violation of a school policy that prohibited the display or use of
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cellphones during school hours. The teacher and assistant principal called other students
in Christopher’s phone directory to see if they were also violating district policy and
accessed his text messages and voicemail. The U.S. Court of Appeals held that the
confiscation of the cellphone was justified because Christopher was caught violating
school policy. However, the search of the cell phone violated Christopher’s Fourth
Amendment rights because: “They had no reason to suspect at the outset that such a
search would reveal that Christopher was violating another school policy; rather, they
hoped to utilize his phone as a toll to catch other students’ violations”
2.
The Warrant Requirement
While the warrant requirement is not explicitly written into the Constitution, it is perhaps
best stated in the oft-quoted passage from a United States Supreme Court decision, Katz
v. United States.
Katz v. United States, 389 U.S. 347, 88 S. Ct. 507 (1967) - Searches conducted outside
the judicial process, without prior approval by judge or magistrate are per se
unreasonable under the Fourth Amendment, subject only to a few specifically established
and well-delineated exceptions.
The authority of a warrant is the best assurance that a search will be deemed reasonable
by the courts, and it is generally accepted that, absent special circumstances, search
warrants are required for all searches in the criminal investigative area.
Riley v. California and United States v. Wurie, 573 U.S. ___ (2014), address the
applicability of search warrants to cell phones. In Riley, David Riley was stopped by a
police officer for driving with expired registration tags. In the course of the stop, the
officer also learned that Riley’s license had been suspended. The officer impounded
Riley’s car, pursuant to department policy, and another officer conducted an inventory
search of the car. Riley was arrested for possession of concealed and loaded firearms
when that search turned up two handguns under the car’s hood.
An officer searched Riley incident to the arrest and found items associated with the
“Bloods” street gang. He also seized a cell phone from Riley’s pants pocket. According
to Riley’s uncontradicted assertion, the phone was a “smart phone,” a cell phone with a
broad range of other functions based on advanced computing capability, large storage
capacity, and Internet connectivity. The officer accessed information on the phone and
noticed that some words (presumably in text messages or a contacts list) were preceded
by the letters “CK”—a label that, he believed, stood for “Crip Killers,” a slang term for
members of the Bloods gang.
At the police station about two hours after the arrest, a detective specializing in gangs
further examined the contents of the phone. The detective testified that he “went through”
Riley’s phone “looking for evidence, because...gang members will often video
themselves with guns or take pictures of themselves with the guns.” Although there was
“a lot of stuff” on the phone, particular files that “caught [the detective’s] eye” included
videos of young men sparring while someone yelled encouragement using the moniker
“Blood.” The police also found photographs of Riley standing in front of a car they
suspected had been involved in a shooting a few weeks earlier.
In Wurie, a police officer performing routine surveillance observed respondent Brima
Wurie make an apparent drug sale from a car. Officers subsequently arrested Wurie and
took him to the police station. At the station, the officers seized two cell phones from
Wurie’s person. The one at issue here was a “flip phone,” a kind of phone that is flipped
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open for use and that generally has a smaller range of features than a smart phone. Five to
ten minutes after arriving at the station, the officers noticed that the phone was repeatedly
receiving calls from a source identified as “my house” on the phone’s external screen. A
few minutes later, they opened the phone and saw a photograph of a woman and a baby
set as the phone’s wallpaper. They pressed one button on the phone to access its call log,
then another button to determine the phone number associated with the “my house” label.
They next used an online phone directory to trace that phone number to an apartment
building.
When the officers went to the building, they saw Wurie’s name on a mailbox and
observed through a window a woman who resembled the woman in the photograph on
Wurie’s phone. They secured the apartment while obtaining a search warrant and, upon
later executing the warrant, found and seized 215 grams of crack cocaine, marijuana,
drug paraphernalia, a firearm and ammunition, and cash.
The Supreme Court had to determine the reasonableness of the warrantless cell phone
searches incident to a lawful arrest. Ultimately, the Court stated that their “answer to the
question of what police must do before searching a cell phone seized incident to an arrest
is accordingly simple – get a warrant.”
3.
Fourth Amendment - The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
4.
The U.S. Supreme Court held that in New Jersey T.L.O., that school officials may search
students as long as the search is reasonable:
5.
a.
justified at its inception, and
b.
reasonable in scope.
Title 18, Part I, Chapter 121, §2701. Stored Communication Act.
(a)
(b)
Offense — Except as provided in subsection (c) of this section whoever—
(1)
intentionally accesses without authorization a facility through which an
electronic communication service is provided; or
(2)
intentionally exceeds an authorization to access that facility; and thereby
obtains, alters, or prevents authorized access to a wire or electronic
communication while it is in electronic storage in such system shall be
punished as provided in subsection (b) of this section.
Punishment — The punishment for an offense under subsection (a) of this section
is—
(1)
if the offense is committed for purposes of commercial advantage,
malicious destruction or damage, or private commercial gain, or in
furtherance of any criminal or tortious act in violation of the Constitution
or laws of the United States or any State—
(A)
a fine under this title or imprisonment for not more than 5 years, or
both, in the case of a first offense under this subparagraph; and
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(B)
(2)
(c)
a fine under this title or imprisonment for not more than 10 years,
or both, for any subsequent offense under this subparagraph; and
in any other case—
(A)
a fine under this title or imprisonment for not more than 1 year or
both, in the case of a first offense under this paragraph; and
(B)
a fine under this title or imprisonment for not more than 5 years, or
both, in the case of an offense under this subparagraph that occurs
after a conviction of another offense under this section.
Exceptions — Subsection (a) of this section does not apply with respect to
conduct authorized—
(1)
by the person or entity providing a wire or electronic communications
service;
(2)
by a user of that service with respect to a communication of or intended
for that user; or
(3)
in section 2703, 2704 or 2518 of this title.
Although Federal Courts have determined that open emails and text messages stored on a
cellphone do not violate the Stored Communications Act a search of a phone containing
those communications without probable cause or a search warrant may violate the Fourth
Amendment. Electronic Storage is considered any communication that is stored by a cell
phone provider and not on the cellphone (ex. Voicemails). To avoid possible violation of
the Stored Communication Act or Fourth Amendment, get a warrant or consent from the
student and his or her parents before searching a student’s cellphone. [Soronen & Vitale,
(2010), Riley v. California and United States v. Wurie (2014)]
E.
IDENTIFY DUTIES OF THE OFFICER AND MAGISTRATE IN DETERMINNG FACTS
AND SOURCES OF INFORMATION FOR A SEARCH WARRANT AAFIDAVIT AND THE
THREE ELEMENTS TO SUPPORT PROBABLE CAUSE
Any relevant, legally obtained evidence may be considered on the issue of probable cause, and it
must be communicated to the magistrate in an affidavit. The officer’s duty is to gather
information. The magistrate’s duty is to draw inferences and conclusions from that information.
The same facts and sources of information you have learned in the section on probable cause
apply here.
Personal knowledge of the officer as well as information gathered from identifiable sources,
good citizen informants, anonymous tips, and confidential criminal informants, as you learned in
the section on probable cause, are all potential sources of information. Remember, the warrant is
based on probable cause and not proof beyond a reasonable doubt.
To constitute probable cause for a search, three conclusions must be supported:
1.
An offense has been committed.
2.
The items sought are connected with criminal activity.
3.
Such items will presently be found in the place to be searched.
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We know the requirements of the Fourth Amendment require a magistrate to make the finding of
probable cause based on the information provided by the officer.
South Carolina adds the requirement that the information the officer provides to the magistrate
must be communicated in a written affidavit.
State v. McKnight 291 S.C. 110, 352 S.E.2d 471 (S.C. 1987) - The Constitution of the United
States and the State of South Carolina require that search warrants be “supported by oath or
affirmation.” Our state legislature has enacted a further requirement. Under state law, search
warrants may be issued “only upon affidavit sworn to before the magistrate ... establishing the
grounds for the warrant” S.C. Code Ann. §17-13-140 (Supp. 2000). Sworn oral testimony,
standing alone, does not satisfy the statute.
As indicated by this case, the affidavit can be supplemented by sworn oral testimony.
F.
DISCUSS NEUTRAL, DETACHED MAGISTRATE
Equally important is the Supreme Court’s conclusion that the determination of probable cause
must be made by a “neutral and detached magistrate.”
Johnson v. U.S. 333 U.S. 10, 68 S. Ct. 367 (1948) - This case contained the Supreme Court’s
conclusion that the determination of probable cause must be made by a neutral, detached
magistrate instead of being “judged by the officer who is engaged in the often competitive
enterprise of ferreting out crime.”
In South Carolina, the following officials are authorized to issue search warrants (S.C. Code §1713-140):
G.
1.
Magistrates
2.
Municipal judges
3.
Circuit judges (judge of a court of record)
IDENTIFY THE REQUIREMENT FOR AN “OATH” WHEN OBTAINING A SEARCH
WARRANT
The clearest expression within the Fourth Amendment is that which states that “no warrants shall
issue, but upon probable cause, supported by OATH or AFFIRMATION….”
H.
IDENTIFY THE REQUIREMENT FOR A SEARCH WARRANT
A valid Fourth Amendment warrant must meet the standard of “particularly describing the place
to be searched, and the persons or things to be seized”.
1.
Examples of particular descriptions:
a.
125 Elm Street, Charleston, South Carolina, a brick one story dwelling house with
white shutters and an attached garage, further described as; being on the corner of
Elm and Maple Streets, and clearly marked with the number 125 on the front
door.
b.
The business premises known as Logo’s at 15 Main Street, Greenwood, South
Carolina, and further described as; a two-story brick building with the name
Logo’s painted on the front door in red letters, and all storage areas designated for
Logo’s including outdoor storage areas, and trash containers used by the business.
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2.
c.
One Canon EOS Rebel G 35mm camera, serial number 213567h, black in color
with an attached navy blue and red strap bearing the name Canon EOS in white
letters.
d.
Marijuana, marijuana plants, marijuana seeds, marijuana rolling papers, marijuana
alligator clips, items used to package marijuana, and business records indicating
sales of marijuana.
Place to be searched
Maryland v. Garrison 480 U.S. 79 (1987) - A search warrant that described the place to
be searched in accordance with police officers’ reasonable, but mistaken belief that the
target premises occupied the entire floor of an apartment building satisfied the Fourth
Amendment’s command that a warrant “particularly” describe the place to be searched;
the officers’ execution of the warrant, which, until they became aware of their mistake,
included searching an apartment occupied by a person other than the original suspect,
was objectively reasonable in light of the facts available to the officers, and does not
require suppression of the evidence found in the second apartment.
I.
IDENITFY ADDITIONAL PROCEDURAL REQUIREMENTS SET FORTH IN S.C. Code
§17-13-140 (Supp. 2000)
1.
Additional procedural requirements are set forth in S.C. Code §17-13-140 (Supp. 2000).
a.
Who may issue a warrant?
Any magistrate or recorder or city judge having the powers of magistrates, or any
judge of any court of record of the state having jurisdiction over the area where
the property sought is located, may issue a search warrant to search for and
seize…
b.
What may be seized?
(1)
Stolen or embezzled property
(2)
Property, the possession of which is unlawful
(3)
Property which is being used in the commission of a criminal offense or is
possessed with the intent to be used as the means for committing a
criminal offense or is concealed to prevent a criminal offense from being
discovered
(4)
Property constituting evidence of crime or tending to show that a
particular person committed a criminal offense
(5)
Any narcotic drugs, barbiturates, amphetamines or other drugs
restricted to sale, possession, or use on prescription only, which are
manufactured, possessed, controlled, sold, prescribed, administered,
dispensed or compounded in violation of any of the laws of this state or of
the United States
Narcotics, barbiturates or other drugs seized hereunder shall be disposed
of as provided by Section 44-53-520.
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c.
Where can it be seized?
The property described in this section, or any part thereof, may be seized from
any place where such property may be located, or from the person, possession or
control of any person who shall be found to have such property in his possession
or under his control.
d.
Affidavit
A warrant issued hereunder shall be issued only upon affidavit sworn to before
the magistrate, municipal judicial officer, or judge of a court of record
establishing the grounds for the warrant.
e.
Return
In the case of a warrant issued by a magistrate or a judge of a court of record, it
shall be directed to any peace officer having jurisdiction in the county where
issued, including members of the South Carolina Law Enforcement Division, and
shall be returnable to the issuing magistrate. In case of a warrant issued by a judge
of a court of record, it shall be returnable to a magistrate having jurisdiction of the
area where the property is located or the person to be searched is found. If any
warrant is issued by any municipal judicial officer to municipal police officers,
the return shall be made to the issuing municipal judicial officer.
f.
Time limits
Any warrant issued hereunder shall be executed forthwith and return made only
within ten days after it is dated.
2.
Time
Search warrants should be executed as soon as possible after they are issued and must be
returned within the 10-day period.
3.
Inventory, Receipt, and Return
When the search has been completed, officers must inventory the items seized, leave a
receipt with the occupants or at the premises, and return the warrant with a copy of the
inventory to the appropriate magistrate.
4.
Miscellaneous
Miscellaneous administrative matters include
a.
securing the premises after the search;
b.
documenting any damage done during the search; and
c.
paying special attention and handling of money or valuable items seized.
Note: Plain view seizure (See: BLE Manual Searches III Plain View)
J.
IDENTIFY SOUTH CAROLINA LAWS USED TO PROSECUTE OBSCENE ELECTRONIC
COMMUNICATIONS
The State of South Carolina to this point does not have any laws addressing the crime of
cyberbullying. However, the state has enacted a Safe Schools Climate Act that mandates schools
94
to enact policies and procedures to combat cyberbullying in our schools. The Safe Schools
Climate Act is an administrative law that was enacted on June 1, 2006 to combat the many cases
of school bullying. Section 16-15-250 is commonly used by officers to prosecute cyberbullying
because it addresses obscene communication to another person without their consent.
1.
Section 16-15-250. Communicating obscene messages to other persons without consent.
It is unlawful for a person to anonymously write, print, telephone, transmit a digital
electronic file, or by other manner or means communicate, send, or deliver to another
person within this State, without that person's consent, any obscene, profane, indecent,
vulgar, suggestive, or immoral message. A person who violates the provisions of this
section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion
of the court or imprisoned not more than three years, or both.
2.
Section 16-3-1700 (A) Harassment 1st Degree
(A)
"Harassment in the first degree" means a pattern of intentional, substantial, and
unreasonable intrusion into the private life of a targeted person that serves no
legitimate purpose and causes the person and would cause a reasonable person in
his position to suffer mental or emotional distress. Harassment in the first degree
may include, but is not limited to:
(1)
following the targeted person as he moves from location to location;
(2)
visual or physical contact that is initiated, maintained, or repeated after a
person has been provided oral or written notice that the contact is
unwanted or after the victim has filed an incident report with a law
enforcement agency;
(3)
surveillance of or the maintenance of a presence near the targeted person's:
(a)
residence;
(b)
place of work;
(c)
school; or
(d)
another place regularly occupied or visited by the targeted person;
and
(4)
3.
vandalism and property damage.
Section 16-3-1700 (B), (C). Harassment 2nd Degree and Stalking
(B)
"Harassment in the second degree" means a pattern of intentional, substantial, and
unreasonable intrusion into the private life of a targeted person that serves no
legitimate purpose and causes the person and would cause a reasonable person in
his position to suffer mental or emotional distress. Harassment in the second
degree may include, but is not limited to, verbal, written, or electronic contact that
is initiated, maintained, or repeated.
(C)
"Stalking" means a pattern of words, whether verbal, written, or electronic, or a
pattern of conduct that serves no legitimate purpose and is intended to cause and
does cause a targeted person and would cause a reasonable person in the targeted
person's position to fear:
95
3.
(1)
death of the person or a member of his family;
(2)
assault upon the person or a member of his family;
(3)
bodily injury to the person or a member of his family;
(4)
criminal sexual contact on the person or a member of his family;
(5)
kidnapping of the person or a member of his family; or
(6)
damage to the property of the person or a member of his family.
(D)
"Pattern" means two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose.
(E)
"Family" means a spouse, child, parent, sibling, or a person who regularly resides
in the same household as the targeted person.
(F)
"Electronic contact" means any transfer of signs, signals, writings, images,
sounds, data, intelligence, or information of any nature transmitted in whole or in
part by any device, system, or mechanism including, but not limited to, a wire,
radio, computer, electromagnetic, photoelectric, or photo-optical system.
Section 16-17-430. Unlawful communication.
(A)
(B)
It is unlawful for a person to:
(1)
use in a telephonic communication or any other electronic means, any
words or language of a profane, vulgar, lewd, lascivious, or an indecent
nature, or to communicate or convey by telephonic or other electronic
means an obscene, vulgar, indecent, profane, suggestive, or immoral
message to another person;
(2)
threaten in a telephonic communication or any other electronic means an
unlawful act with the intent to coerce, intimidate, or harass another person;
(3)
telephone or electronically contact another repeatedly, whether or not
conversation ensues, for the purpose of annoying or harassing another
person or his family;
(4)
make a telephone call and intentionally fail to hang up or disengage the
connection for the purpose of interfering with the telephone service of
another;
(5)
telephone or contact by electronic means another and make false
statements concerning either the death or injury of a member of the family
of the person who is telephoned or electronically contacted, with the intent
to annoy, frighten, or terrify that person; or
(6)
knowingly permit a telephone under his control to be used for any purpose
prohibited by this section.
A person who violates any provision of subsection (A) is guilty of a misdemeanor
and, upon conviction, must be fined not less than one hundred dollars nor more
than five hundred dollars or imprisoned not more than thirty days.
96
In response to the October 2006 death of Meagan Meier and the acquittal of her alleged
attacker. The federal legislature has proposed the Meagan Meier Cyberbullying
Prevention Act.
Whoever transmits in interstate or foreign commerce any
communication, with the intent to coerce, intimidate, harass, or cause substantial
emotional distress to a person, using electronic means to support severe, repeated, and
hostile behavior, shall be fine under this title or imprisoned not more than two years, or
both. (H.R. 1966, 2009)
K.
DISCUSS THE SOUTH CAROLINA SAFE SCHOOL CLIMATE ACT
Section 59-63-120. Definitions.
As used in this article:
(1)
(2)
'Harassment, intimidation, or bullying' means a gesture, an electronic communication, or
a written, verbal, physical, or sexual act that is reasonably perceived to have the effect of:
(a)
Harming a student physically or emotionally or damaging a student's property, or
placing a student in reasonable fear of personal harm or property damage; or
(b)
Insulting or demeaning a student or group of students causing substantial
disruption in, or substantial interference with, the orderly operation of the school.
'School' means in a classroom, on school premises, on a school bus or other schoolrelated vehicle, at an official school bus stop, at a school-sponsored activity or event
whether or not it is held on school premises, or at another program or function where the
school is responsible for the child.
Section 59-63-130. Prohibited conduct; reports by witnesses.
(A)
(B)
A person may not engage in:
(1)
Harassment, intimidation, or bullying; or
(2)
Reprisal, retaliation, or false accusation against a victim, witness, or one with
reliable information about an act of harassment, intimidation, or bullying.
A school employee, student, or volunteer who witnesses, or has reliable information that
a student has been subject to harassment, intimidation, or bullying shall report the
incident to the appropriate school official.
Section 59-63-140. Local school districts to adopt policies prohibiting harassment; required
components; model policies by State Board of Education; bullying prevention programs.
(A)
Before January 1, 2007, each local school district shall adopt a policy prohibiting
harassment, intimidation, or bullying at school. The school district shall involve parents
and guardians, school employees, volunteers, students, administrators, and community
representatives in the process of creating the policy.
(B)
The policy must include, but not be limited to, the following components:
(1)
A statement prohibiting harassment, intimidation, or bullying of a student;
(2)
A definition of harassment, intimidation, or bullying no less inclusive than the
definition in Section 59-63-120;
(3)
A description of appropriate student behavior;
97
(4)
Consequences and appropriate remedial actions for persons committing acts of
harassment, intimidation, or bullying, and for persons engaging in reprisal or
retaliation;
(5)
Procedures for reporting acts of harassment, intimidation, or bullying, to include a
provision for reporting anonymously. However, formal disciplinary action must
not be taken solely on the basis of an anonymous report. The procedures must
identify the appropriate school personnel responsible for taking the report and
investigating the complaint;
(6)
Procedures for prompt investigation of reports of serious violations and
complaints;
(7)
A statement that prohibits reprisal or retaliation against a person who reports an
act of harassment, intimidation, or bullying;
(8)
Consequences and appropriate remedial action for persons found to have falsely
accused another;
(9)
A process for discussing the district's harassment, intimidation, or bullying policy
with students; and
(10)
A statement of how the policy is to be publicized, including notice that the policy
applies to participation in school-sponsored functions.
(C)
To assist local school districts in developing policies for the prevention of harassment,
intimidation, or bullying, the State Board of Education shall develop model policies
applicable to grades kindergarten through twelve. Additionally, the State Board of
Education shall develop teacher preparation program standards on the identification and
prevention of bullying. The model policies and standards must be developed no later than
September 1, 2006.
(D)
The local school board shall ensure that the school district's policy developed pursuant to
this article is included in the school district's publication of the comprehensive rules,
procedures, and standards of conduct for schools and in the student's handbook.
(E)
Information regarding a local school district policy against harassment, intimidation, or
bullying must be incorporated into a school's employee training program. Training also
should be provided to school volunteers who have significant contact with students.
(F)
Schools and school districts are encouraged to establish bullying prevention programs
and other initiatives involving school staff, students, administrators, volunteers, parents,
law enforcement, and community members.
Section 59-63-150. Availability of civil or criminal redress; immunity of reporting school
employee or volunteer.
(A)
This article must not be interpreted to prevent a victim from seeking redress pursuant to
another available civil or criminal law. This section does not create or alter tort liability.
(B)
A school employee or volunteer who promptly reports an incident of harassment,
intimidation, or bullying to the appropriate school official designated by the local school
district's policy, and who makes this report in compliance with the procedures in the
district's policy, is immune from a cause of action for damages arising from failure to
remedy the reported incident.
98
In response to the October 2006 death of Meagan Meier and the acquittal of her alleged attacker,
the federal legislature has proposed the Meagan Meier Cyberbullying Prevention Act. Whoever
transmits in interstate or foreign commerce any communication, with the intent to coerce,
intimidate, harass, or cause substantial emotional distress to a person, using electronic means to
support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not
more than two years, or both. (H.R. 1966, 2009)
III.
SUMMARY
A. REVIEW KEY POINTS
B. QUESTIONS AND ANSWERS
C. CLASS ASSIGNEMENTS
D. CLOSING STATEMENT
The lesson was intended to educate and enhance School Resource Officers ability to respond to
the dangers of cyberbullying and sexting.
99
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Cyberbullying/Sexting
LESSON PLAN #:
I0296F
STATUS (New/Revised):
Revised Feb. 2015
1.
Hinduja, Ph.D., P. P. (2010). Cyberbullying: Identification, Prevention and Response. Retrieved July
13, 2011, from Cyberbullying Research Center
http://cyberbullying.us/Cyberbullying_Identification_Prevention_Response_Fact_Sheet.pdf
2.
Cyberbullying. (n.d.) Retrieved from http://stopcyberbullying.org/how_it_works/direct_attacks.html
3.
Cyberbullying statistics. (2014) Retrieved from http://nobullying.com/cyber-bullying-statistics2014/(URL)
4.
SC Code of Laws. Section 16-17-430; Section 59-63-120; Section 59-63-130; Section 59-63-140;
Section 59-63-150; Section 16-15-250; Section 16-3-1700 (B), (C)
5.
Understanding the Tyler Clementi Case. (2010) Retrieved from http://cyber.laws.com/tyler-clementicase
6.
Photograph of Hands Typing on Laptop. (2011). Retrieved from http://cyber.laws.com/cyber-stalking
7.
Photograph of Cartoon. (2011). Retrieved from
http://sierragodfrey.blogspot.com/2011/03/cyberbullying
8.
Photographs of Tyler Clementi. (2010). Retrieved from
http://www.google.com/imgres?imgurl=http://timewellness.files.wordpress.com/2010/10/307_clemen
ti.jpg%3Fw%3D307%26h%3D200%26crop%3D1&imgrefurl=http://healthland.time.com/2010/10/01
/cyberbullying-homophobia-tyler-clementis-death-highlightsonline/&usg=__dvx2sVcN5FTXCXwiYfzWgbxwG0k=&h=200&w=307&sz=14&hl=en&start=26&z
oom=1&tbnid=mAMoWOWvTsgaPM:&tbnh=119&tbnw=144&ei=KWAmTtaMGcyugQeRz8hc&pr
ev=/search%3Fq%3Dtyler%2Bclementi%2Bfacebook%2Bstatus%2Bscreenshot%26hl%3Den%26bi
w%3D1366%26bih%3D712%26gbv%3D2%26tbm%3Disch&itbs=1&iact=hc&vpx=1078&vpy=285
&dur=346&hovh=160&hovw=245&tx=200&ty=101&page=2&ndsp=28&ved=1t:429,r:6,s:26&biw=
1366&bih=712uthors-and-kids.html
9.
Photograph of the George Washington Bridge. Retrieved from:
http://www.bing.com/images/search?q=pictures+of+the+george+washington+bridge&view=detail&id
=29D5F2437639F464F4B4F71C88F76026502970D5&first=0&FORM=IDFRIR
10.
Soronen, L.E., & Vitale N. (2010). Sexting at School: Lessons Learned the Hard Way. Inquiry and
Analysis. 1(2), 3-5.
11.
Klump v. Nazareth Area School District 425 F. Supp. 2d 622- Dist. Court, ED Pennsylvania 2006.
Retrieved July 13, 2011, from
http://scholar.google.com/scholar_case?case=2910344505456943453&hl=en&as_sdt=2&as_vis=1&o
i=scholarr#[8]
12.
Riley v. California (2014). Supreme Court ruling from
http://www.supremecourt.gov/opimions/13pdf/13-132_819c.pdf
13.
United States v. Wurie (2014). Supreme Court ruling from
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-212.htm
14.
The Lectric Law Library. (2011). Fourth Amendment. Retrieved July 13, 2011, from
http://www.lectlaw.com/def/f081.htm
100
15.
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733 (1985)
http://supreme.justia.com/us/466/325/case.html
16.
Cornell University Law School. (2011). Title 18, Part I, Chapter 121, §2701. Stored Communication
Act. Retrieved July 13, 2011, from http://www.law.cornell.edu/uscode/usc_sec_18_00002701----000.html
17.
Microsoft Office Clipart. (2007)
18.
Meagan Meier Cyberbullying Prevention Act of 2009, H.R. 1966, 111th Cong. (2009).
101
Appendix A
Cyberbullying Case Study
Tyler Clementi was a college student at Rutgers University in the State of New Jersey who was the victim of
Cyber-Bullying as a result of his sexual orientation. Tyler Clementi, a homosexual, was unknowingly
videotaped by his college roommate, Dharun Ravi, in the midst of engaging in sexual activity with an unnamed
male partner. Dharun Ravi had not only videotaped Tyler Clementi, violating his privacy in the process, but
also broadcasted the footage of Tyler Clementi and his partner to fellow students on Twitter. Dharun Ravi
videotaped Tyler Clementi on more than one occasion, but also publicized Clementi’s sexual activity.
1. If you responded to file an incident report for Tyler what would the title be?
2. What would be your course of action to investigate Tyler’s allegations?
3. Did Dharun Ravi violate any South Carolina laws?
4. Would this be categorized as a hate crime?
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CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO Child Abuse
LESSON PLAN #:
I0296G
TRAINING UNIT:
Police Science
TIME ALLOCATION:
4 hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
Rita Yarborough
ORIGINAL DATE OF LESSON PLAN:
STATUS (New/Revised):
Revised-February 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To provide School Resource Officers with additional resources when dealing with incidents of child abuse
and provide them with the skills necessary to correctly assess and investigate the situation.
EVALUATION PROCEDURES:
Multiple Choice, Written Exam
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
PowerPoint
LCD Projector
Computer
103
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO Child Abuse
LESSON PLAN #:
I0296G
STATUS (New/Revised):
Revised-February 2015
PERFORMANCE OBJECTIVES:
1.
Define “Child” according to Title 63 of the South Carolina Code of Laws.
2.
Define “Child Abuse,” Neglect” and “Excessive Corporal Punishment” according to Title 63 of the
South Carolina Code of Laws.
3.
Explain the dynamics of the victimization of children.
4.
List the procedures to be used when investigating child abuse cases.
5.
Identify initial interview techniques to be used with children.
6.
Identify the legal aspects of dealing with child abuse cases.
7.
Identify the various “offender registries”.
8.
Explain the “Electronic Securing and Targeting of Online Predators Act” South Carolina Code of
Laws 23-3-555.
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LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO Child Abuse
I.
LESSON PLAN #:
I029G
STATUS (New/Revised):
Revised-February 2015
INTRODUCTION
One of the most difficult cases for law enforcement is child abuse. There is something about responding
to a situation that involves a defenseless child that angers us as “people who protect.” For the protection
of the victim, a complete and thorough investigation is an absolute necessity. This block of instruction is
designed to introduce officers to some of the dynamics involved in the investigation of child abuse. It is
hoped that this will assist officers in developing an appreciation for what they will face as first
responders.
II.
BODY
A.
DEFINITON OF A CHILD §63-7-20 (3)
In South Carolina, a child means a person less than eighteen years of age when considered as a
dependent or neglected child. The ways in which a child is abused/neglected are physical, sexual,
psychological, and neglect.
B.
DEFINE “CHILD ABUSE,” “NEGLECT” AND “EXCESSIVE CORPORAL PUNISHMENT”
ACCORDING TO TITLE 63 OF THE SOUTH CAROLINA CODE OF LAWS
In South Carolina, under §63-7-20(a)(4) child abuse or neglect or harm occurs when the parent,
guardian, or other person responsible for the child’s welfare;
(a)
Inflicts or allows to be inflicted upon the child physical or mental injury or engages in
acts or omissions which present a substantial risk of physical or mental injury to the
child, including injuries sustained as a result of excessive corporal punishment, but
excluding corporal punishment or physical discipline which:
(i)
is administered by a parent or person in loco parentis;
(ii)
is perpetrated for the sole purpose of restraining or correcting the child;
(iii)
is reasonable in manner and moderate in degree;
(iv)
has not brought about permanent or lasting damage to the child; and
(v)
is not reckless or grossly negligent behavior by the parents.
(b)
commits or allows to be committed against the child a sexual offense as defined by the
laws of this State or engages in acts or omissions that present a substantial risk that a
sexual offense as defined in the laws of this State would be committed against the child;
(c)
fails to supply the child with adequate food, clothing, shelter, or education as required
under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child’s age and
development, or health care through financially able to do so or offered financial or other
reasonable means to do so and the failure to do so has caused or presents a substantial
risk of causing physical or mental injury. However, a child’s absences from school may
not be considered abuse or neglect unless the school has made efforts to bring about the
child’s attendance, and those efforts were unsuccessful because of the parents’ refusal to
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cooperate. For the purpose of this chapter “adequate health care” includes any medical or
nonmedical remedial health care permitted or authorized under state law.
C.
(d)
abandons the child;
(e)
encourages, condones, or approves the commission of delinquent acts by the child and
the commission of the acts are shown to be the result of the encouragement, condonation,
or approval; or
(f)
has committed abuse or neglect as described in subsections (a) through (e) such that a
child who subsequently becomes part of the person's household is at substantial risk of
one of those forms of abuse or neglect.
(g)
“Mental Injury” means an injury to the intellectual, emotional, or psychological capacity
or functioning of a child as evidenced by a discernible and substantial impairment of the
child's ability to function when the existence of that impairment is supported by the
opinion of a mental health professional or medical professional.
(h)
"Person responsible for a child's welfare" includes the child's parent, guardian, foster
parent, an operator, employee, or caregiver, as defined by Section 63-13-20, of a public
or private residential home, institution, agency, or childcare facility or an adult who has
assumed the role or responsibility of a parent or guardian for the child, but who does not
necessarily have legal custody of the child. A person whose only role is as a caregiver
and whose contact is only incidental with a child, such as a babysitter or a person who
has only incidental contact but may not be a caretaker, has not assumed the role or
responsibility of a parent or guardian. An investigation pursuant to Section 63-7-920
must be initiated when the information contained in a report otherwise sufficient under
this section does not establish whether the person has assumed the role or responsibility
of a parent or guardian for the child.
(i)
"Physical injury" means death or permanent or temporary disfigurement or impairment of
any bodily organ or function.
EXPLAIN THE DYNAMICS OF THE VICTIMIZATION OF CHILDREN
1.
Vulnerability of Children
By their very nature, children make perfect victims. Some of the factors that contribute to
this are:
2.
a.
Dependent children are raised to respect and obey adults. Adults who exercise
control and power over children can easily victimize them.
b.
Children are naturally trusting and curious.
c.
Children may need attention and affection fulfillment.
d.
It may be a child with disabilities.
Indicators of Abuse
First responders need to be aware of some of the indicators of abuse and neglect. They
are as follows:
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3.
a.
Indicators common to sexual and physical abuse are submissiveness, aggressive
acting out/incorrigibility, school-related behavior, self-destructiveness, severe
depression and PTSD.
b.
Indicators of neglect are that the child is unattended, appears undernourished,
unhealthy, dirty, not regularly sent to school, and “failure to thrive”.
c.
Indicators associated with sexual abuse are age inappropriate knowledge of sexual
behavior, persistent inappropriate sexual play, aggressive sexual behavior, and
becoming manipulative or overly seductive or sexual.
How Children Experience Their Abuse
No child is prepared for the possibility of molestation by a trusted adult. The child is
totally dependent on the offender for whatever reality that offender may attach to the
situation. This is why children often times do not recognize that what is being done to
them or whatever behavior the offender may have them participating in is inappropriate.
Children are taught to respect and obey adults and this is also what makes them
vulnerable to those who take advantage of that trusting relationship. According to
Finding Words South Carolina (2001) (p.13), all of these elements must be considered as
a part of the assessment of potential physical and sexual abuse of children.
D.
a.
Secrecy – direct threats or intimidation.
b.
Helplessness – lack of power that the child has in that he/she may depend on the
offender for basic needs.
c.
Entrapment and accommodation – it happens to them over and over so why tell
anyone. After a time the child will disassociate what is happening to him/her.
d.
Delayed or unconvincing disclosure – delayed through the shame of what is
happening to them, unconvincing disclosure in that younger children are not able
to verbally express what is happening to them. With teenagers the offender will
often state that the child was “coming on to them” and they were unable to control
themselves.
e.
Retraction – blaming themselves for breaking up the family and trying to put the
family back together.
LIST THE PROCEDURES TO BE USED WHEN INVESTIGATING CHILD ABUSE CASES
Investigating child abuse and neglect is a demanding task. It should be understood that someone
who has had the training and experience necessary to support successful prosecution must
conduct a thorough investigation. However any law enforcement officer who has the basic
knowledge of dynamics of child abuse and seeks out expert assistance when necessary can
achieve successful case resolution. The most important aspect of any investigation is to
understand the underlying concepts. Prosecutable cases are built upon three critical factors:
physical evidence, witnesses, and confessions.
1.
Physical Abuse
The case most often encountered by first responders is that of physical abuse. Signs of
physical abuse can come from information provided by the child, medical personnel, and
the actions of a parent or caregiver. Any of the following may indicate criminal physical
abuse.
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2.
a.
A child has injuries inconsistent with the caretaker’s description of how the child
was injured.
b.
Unreasonable forms of punishment have been used to discipline the child.
c.
A child’s death as explained by the parents or caretakers to be an accident is
inconsistent with the injuries or the evidence found on the scene.
d.
Multiple bruising at different stages of healing.
e.
Adult bite marks on various locations on the child’s body.
f.
Injuries suggesting tying, binding, or tethering of the child.
g.
Pattern injuries that may have come from a strap, belt marks, board or looped
cords.
Sexual Abuse
Sexual abuse is the type of abuse that officer’s find the most difficult to understand and
investigate. Individuals who choose to have sex with children received little sympathy
from society and yet they continue to engage in this behavior fully understanding the
consequences of getting caught. As a law enforcement officer you will find this type of
case difficult to investigate. This type of case often presents no physical evidence and
many times will become the word of the victim against the offender who may have
standing in the community. According to Kenneth V. Lanning, “Child Molesters: A
Behavioral Analysis for Law Enforcement” (1987), it is helpful to understand the
offender typology which is a profile of an individual who sexually exploits,
psychologically abuses, and neglects children.
a.
b.
Definitions - According to Kenneth V. Lanning, “Child Molesters: A Behavioral
Analysis for Law Enforcement” (1987) (pg. 23-25)
(1)
Child Molester – an individual who engages in any type of sexual activity
with individuals legally defined as children.
(2)
Pedophile – is a person who has a sexual preference for children.
Experience sexually arousing fantasies, urges or behaviors. Has an
excessive interest in children. Collects child pornography or erotica.
(3)
Child Pornography – is a sexually explicit reproduction of a child’s image.
(4)
Child Erotica – is any material relating to children that serves a sexual
purpose for a given individual.
Offender Typology - According to Kenneth V. Lanning, “Child Molesters: A
Behavioral Analysis for Law Enforcement” (1987) (pg. 93)
(1)
Situational Child Molester/Situational Regressed
Situational child molesters do not have a sexual preference for children,
but will engage in sex with children for complex reasons. They fall into
the following categories:
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(2)
a.
The individual may have regressed or low self-esteem and poor
coping skills and may use the child as a substitute for a preferred
sexual partner.
b.
The individual may be morally indiscriminate and a user and
abuser of people.
c.
The individual may be sexually indiscriminate or wanting
something new and different.
d.
The individual may be inadequate or a social misfit.
e.
May transport the child a short distance for privacy.
f.
May injure or kill the child out of panic.
Preferential Child Molester - According to Kenneth V. Lanning, “Child
Molesters: A Behavioral Analysis for Law Enforcement” (1987) (pg. 9394)
Preferential child molesters are individuals who have a sexual preference
for children; this very often includes gender, age, and ethnicity.
a.
Seduction – this individual is the most common and uses seduction
techniques to lure the child.
b.
Introverted – this individual lacks the interpersonal skill to seduce
children.
c.
Sadistic – this individual is more likely to abduct and murder
children.
The preferential offender is responsible for the highest number of
victimizations. A preferential offender often exhibits long term persistent
patterns of behavior that may begin in adolescence. These offenders are
willing to invest time, money, and energy into getting the child that holds
their interest. They will commit multiple offenses and may make ritual or
need driven mistakes. They have well developed techniques and are
skillful at accessing and manipulating their victims. They may also exhibit
fantasy driven behavior and collect pornography, souvenirs, videotapes,
photographs, and paraphernalia. Understand that children are their focus
and they will seek them out at every opportunity.
3.
Psychological Abuse/Neglect - According to Kenneth V. Lanning, “Child Molesters: A
Behavioral Analysis for Law Enforcement” (1987) (94-95)
Psychological abuse will most often not have any physical evidence to support the
allegations. It is generally a form of abuse that is done in conjunction with another type
of abuse such as sexual abuse. Neglect can very often be a product of outside factors such
as poverty, homelessness, lack of education, or resources. Neglect cases should always be
documented in detail, for example, lack of food in the house and lack of essential services
such as power. Many of these can be documented through photographs or videotape.
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4.
Medical Aspects of Child Abuse - According to Kenneth V. Lanning, “Child Molesters:
A Behavioral Analysis for Law Enforcement” (1987) (94-95)
Child abuse cases often present complex medical issues. First responders can only rely on
what they can observe or determine from the child’s statement. Physical abuse may
present the easiest case in terms of documenting the physical evidence because that is
something that has been seen on the body. However there are those injuries that cannot be
seen that would require trained medical personnel (X-ray, CT scan, Video-colposcope) to
determine old fractures, STDs (Sexually Transmitted Diseases) and an enlarged vaginal
opening in a prepubertal child. Often times the investigator has to determine if the injury
pattern is indicative of the abuse or contrary to the caregiver’s story. Sexual abuse very
rarely presents conclusive medical evidence. In all cases the investigator must ensure that
the child is examined by a competent physician trained in the area of child abuse.
E.
IDENTIFY INITIAL INTERVIEW TECHNIQUES TO BE USED WITH CHILDREN
As with all child abuse investigations, interviewing a child victim is complex, and whenever
possible, best left to those with training and experience. While it is not always possible, first
responders should make every effort to have the victim interviewed by an individual who has
been trained to conduct forensic interviews. All too many times victims are interviewed by a
therapist who has not been trained to conduct these types of investigations, and it results in an
interview that is not acceptable to the criminal justice system and could result in not being able
to successfully prosecute the offender.
Understand that you as the responding officer have the authority to interview. §63-7-920(C) says
the department or law enforcement, or both may interview the child alleged to have been abused
or neglected and any other child in the household during the investigation. The interviews may
be conducted on school premises, at childcare facilities, at the child’s home or at other suitable
locations and in the discretion of the department or law enforcement, or both may be conducted
outside the presence of the parents. To the extent reasonably possible, the needs and interests of
the child must be accommodated in making arrangements for interviews, including time, place,
method of obtaining the child’s presence, and conduct of the interview. The department or law
enforcement or both shall provide notification of the interview to the parents as soon as
reasonably possible during the investigation if notice will not jeopardize the safety of the child or
the course of the investigation. All state, law enforcement, and community agencies providing
child welfare intervention should coordinate their services to minimize the number of interviews
with a child to reduce the potential emotional trauma. Many times this can be done with the
assistance of Child Advocacy Centers. These centers provide for law enforcement, a forensic
interviewer, an opportunity for the medical protocol to be done, and counseling services for the
victim.
If you are put in a position as the responding officer to conduct an interview of a child victim and
you are not trained in forensic interviewing, here are some helpful guidelines:
1.
Guidelines For First Responders
a.
Conduct the interview in a setting that is “child friendly” and free from
distractions. Many jurisdictions have access to Child Advocacy Center’s.
b.
If at all possible, videotape the interview using only one interviewer. The tape can
then be viewed by others who need access to the information.
c.
Take the time to make the child feel comfortable talking with you about nonthreatening issues before discussing the abuse.
110
2.
d.
Understand what the child may be feeling about the abuse, such as guilt, fear of
not being believed, loyalty to the offender, or embarrassment.
e.
Do not react to the disclosure of the information. Be aware that a negative
reaction can cause this child to shut down completely because he/she fears he/she
is saying something he/she is not supposed to say.
f.
Maintain the use of the child’s terminology. Be prepared to possibly hear graphic
terms coming from the child and understand that he/she may be using the same
terminology that the offender has used in his/her presence.
g.
Do not make promises you can’t keep.
h.
Try not to lead.
i.
Establish rapport and explore the child’s cognition understanding, such as his/her
name, age, birthday, teacher, friends, and a recall of recent events.
j.
Establish competency; determine his/her ability to differentiate between telling
the truth and telling a lie.
k.
Introduce the topic of concern; “Do you know why you are here today?” Identify
body parts through the use of diagrams or the anatomically correct dolls. Name
and point to the body diagram or to the various body parts on the doll and ask; “Is
it okay for someone to touch your…?”, “Has someone touched you there?”
l.
When the topic of abuse is introduced, use open-ended questions. Maintain use of
his/her terminology for body parts and use age appropriate language. Avoid
yes/no questions. Use important events to narrow down time frames.
m.
Conclude the interview by giving the child the opportunity to provide additional
information.
Forensic Interviewing
When it comes to forensic interviewing a standard protocol should be used. A program
that is being used in South Carolina is called “Child First South Carolina” (formally
known as Finding Words South Carolina). Be advised that it is always best practice to
have someone who is trained in forensic interviewing to conduct the forensic interview.
According to Finding Words South Carolina (2001) the process that is taught for forensic
interviewing involves the elements listed below:
a.
Rapport – the purpose is to establish the child’s comfort, communication, and
competence.
b.
Anatomy Identification – the purpose is to arrive at a common language for body
parts and determine the young child’s understanding of and ability to distinguish
between genders.
c.
Touch Inquiry – the purpose is to assess the child’s ability to understand and
communicate touch.
d.
Abuse Scenario – the purpose is to allow the child to tell details of his or her
abuse experience.
111
e.
Closure – to educate the child regarding personal safety, explore safety options
with the child, and to provide a respectful end to the interview.
Officers, investigators or forensic interviewers should plan before conducting the
interview. In many child sexual abuse cases, the interview is the key component of the
investigation. It is critical that law enforcement and DSS arrive at a multidisciplinary
approach to conducting the interview in order to avoid multiple interviews and to obtain
the information necessary to move forward toward a successful prosecution. Remember
that the child is our first priority, not the needs of the police, courts or attorneys. Child
abuse investigations can be conducted by any law enforcement officer who takes the time
to plan, prepare, and document.
F.
IDENTIFY THE LEGAL ASPECTS OF DEALING WITH CHILD ABUSE CASES
Law enforcement must be aware of the various provisions of the South Carolina Children’s Code
Title 63 as it pertains to child abuse investigations. Shown below are those portions of code that
are the most applicable to law enforcement. Specific focus must be on the provisions regarding
emergency protective custody, as an action for which law enforcement is the sole decision
maker.
The department (DSS) and local law enforcement agencies shall develop written protocols to
address issues related to emergency protective custody. The protocols shall cover at a minimum
information exchange between the department and local law enforcement agencies, consultation
on decisions to assume legal custody, and the transfer of responsibility over the child, including
mechanisms and assurances for the department to arrange expeditious placement of the child.
Section 63-7-760
1.
Emergency Protective Custody §63-7-20(9) – means the right to physical custody of a
child for a temporary period of no more than twenty-four hours to protect the child from
imminent danger. Emergency protective custody may be taken only by a law enforcement
officer pursuant to this chapter.
2.
Authority §63-7-610(A), §63-7-620(A)(1) – A law enforcement officer investigating a
case of suspected child abuse or neglect or responding to a request for assistance by the
department as it investigates a case of suspected child abuse or neglect has the authority
to take emergency protective custody of the child pursuant to this sub-article in all
counties and municipalities. Section 63-7-610(A)
A law enforcement officer may take emergency protective custody of a child without the
consent of the child’s parents, guardians, or others exercising temporary or permanent
control over the child §63-7-620(A) if:
The officer has probable cause to believe that by reason of abuse or neglect the child’s
life, health, or physical safety is in substantial and imminent danger if the child is not
taken into emergency protective custody, and there is not time to apply for a court order.
3.
Immunity §63-7-390 – A person required or permitted to report pursuant to Section 63-7310 or who participates in an investigation or judicial proceedings resulting from the
report, acting in good faith is immune from civil and criminal liability which might
otherwise result by reason of these actions. In all such civil or criminal proceedings, good
faith is rebuttably presumed. Immunity under this section extends to full disclosure by the
person of facts which gave the person reason to believe that the child’s physical or mental
health or welfare had been or might be adversely affected by abuse or neglect.
112
4.
Placement §63-7-640 – the department shall conduct within twenty-four hours after the
child is taken into emergency protective custody by law enforcement or pursuant to ex
parte order a preliminary investigation to determine whether grounds for assuming legal
custody of the child exist and whether reasonable means exist for avoiding removal of the
child from the home of the parent or guardian or for placement of the child with a relative
and means for minimizing the emotional impact on the child of separation from the
child’s home and family. During this time the department, if possible, shall convene, a
meeting with the child’s parents or guardian, extended family, and other relevant persons
to discuss the family’s problems that led to intervention and possible corrective actions,
including placement of the child.
Section 63-7-680 – the period of emergency protective custody may be extended for up to
twenty-four additional hours if:
5.
(1)
the department concludes that the child is to be placed with a relative or other
person instead of taking legal custody of the child;
(2)
the department requests the appropriate law enforcement agency to check for
records concerning the relative or other person, or any adults in that person’s
home; and
(3)
the law enforcement agency notifies the department that the extension is needed
to enable the law enforcement agency to complete its record check before the
department’s decision on whether to take legal custody of the child.
Medical Issues §63-7-620(B)(1) - If the child is in need of emergency medical care at the
time the child is taken into emergency protective custody, the officer shall transport the
child to an appropriate health care facility. Emergency medical care may be provided to
the child without consent, as provided in Section 63-5-350. The parent or guardian is
responsible for the cost of emergency care that is provided to the child. However, the
parent or guardian is not responsible for the cost of medical examinations performed at
the request of law enforcement or the department solely for the purpose of assessing
whether the child has been abused or neglected unless it is determined that the child has
been harmed as defined in this chapter.
Section 63-7-750
(A)
A physician or hospital to which a child has been brought for treatment may
detain the child for up to twenty-four hours without the consent of the person
responsible for the child’s welfare if the physician or hospital;
(1)
has reason to believe that the child has been abused or neglected;
(2)
has made a report to a law enforcement agency and the department
pursuant to Section 63-7-310, stating the time the physician notified the
agency or department that the child was being detained until a law
enforcement officer could arrive to determine whether the officer should
take emergency physical custody of the child pursuant to Sub-article 3;
and
(3)
has reason to believe that release of the child to the child’s parent,
guardian, custodian, or caretaker presents an imminent danger to the
child’s life, health, or physical safety. A hospital must designate a
113
qualified person or persons within the hospital who shall have sole
authority to detain a child on behalf of the hospital.
(B)
A physician or hospital that detains a child in good faith as provided in this
section is immune from civil or criminal liability for detaining the child.
6.
Photographs §63-7-380 A person required to report under Section 63-7-310 may take, or
cause to be taken, color photographs of the areas of trauma visible on a child who is the
subject of a report, if medically indicated, a physician may cause to be performed a
radiological examination or other medical examinations or tests of the child without the
consent of the child’s parents or guardians. Copies of all photographs, negatives,
radiological, and other medical reports must be sent to the department at the time a report
pursuant to Section 63-7-310 is made, or as soon as reasonably possible after the report is
made.
7.
Excessive Corporal Punishment §63-7-620
8.
(1)
When a child is taken into emergency protective custody following an incident of
excessive corporal punishment, and the only injury to the child is external lesions
or minor bruises, other children in the home shall not be taken into emergency
protective custody solely on account of the injury of one child though excessive
corporal punishment. However, the officer may take emergency protective
custody of other children in the home if a threat of harm to them is further
indicated by factors including, but not limited to, a prior history of domestic
violence or other abuse in the home, alcohol or drug abuse if known or evident at
the time of initial contact, or other circumstances indicative of danger to the
children;
(2)
The child’s parent, parents, or guardian has been arrested or the child has become
lost accidentally and as a result the child’s welfare is threatened due to loss of
adult protection and supervision; and
(a)
In the circumstances of arrest, the parent, parents, or guardian does not
consent in writing to another person assuming physical custody of the
child;
(b)
In the circumstances of a lost child, a search by law enforcement has not
located the parent, parents, or guardian.
Domestic Violence §63-7-370 the law enforcement officer upon receipt of a report of
domestic violence may report this information to the Department of Social Services. The
department may treat the case as a suspected report of abuse and may investigate the case
as in other allegations of abuse in order to determine if the child has been harmed.
When there are the concerns of domestic violence and children often times other issues
come to light such as:
a.
Paternity §63-17-20(B) unless the court orders otherwise, the custody of an
illegitimate child is solely in the natural mother unless the mother has
relinquished her rights to the child. If paternity has been acknowledged or
adjudicated, the father may petition the court for rights of visitation or custody in
a proceeding before the court apart from an action to establish paternity.
b.
Custodial Interference §16-17-495(A)(1) which states when a court of competent
jurisdiction of this State or another state has awarded custody of a child under the
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age of sixteen years or when custody of a child under the age of sixteen years is
established pursuant to Section 63-17-20(B), it is unlawful for a person with the
intent to violate the court order or Section 63-17-20(B) to take or transport, or
cause to be taken or transported, the child from the legal custodian for the purpose
of concealing the child, or circumventing or avoiding the custody order or statute.
9.
10.
G.
Probable Cause Hearing §63-7-710
(A)
The family court shall schedule a probable cause hearing to be held within
seventy-two hours of the time the child was taken into emergency protective
custody. If the third day falls upon a Saturday, Sunday, or holiday, the probable
cause hearing must be held no later than the next working day. If there is no term
of court in the county when the probable cause hearing must be held, the hearing
must be held in another county in the circuit.
(B)
The probable cause hearing may be conducted by video conference at the
discretion of the judge.
(C)
At the probable cause hearing, the family court shall undertake to fulfill the
requirements of Section 63-7-1620 and shall determine whether there was
probable cause for taking emergency protective custody and for the department to
assume legal custody of the child and determine whether probable cause to retain
legal custody of the child remains at the time of the hearing.
Mandatory Reporting §63-7-310(A) A physician, nurse, dentist, optometrist, medical
examiner, or coroner, or an employee of a county medical examiner's or coroner's office,
or any other medical, emergency medical services, mental health, or allied health
professional, member of the clergy including a Christian Science Practitioner or religious
healer, school teacher, counselor, principal, assistant principal, school attendance officer,
social or public assistance worker, substance abuse treatment staff, or childcare worker in
a childcare center or foster care facility, foster parent, police or law enforcement officer,
juvenile justice worker, undertaker, funeral home director or employee of a funeral home,
persons responsible for processing films, computer technician, judge, or a volunteer nonattorney guardian ad litem serving on behalf of the South Carolina Guardian ad Litem
Program or on behalf of Richland County CASA must report in accordance with this
section when in the person’s professional capacity the person has received information
which gives the person reason to believe that a child has been or may be abused or
neglected as defined in Section 63-7-20.
IDENTIFY THE VARIOUS OFFENDER REGISTRIES
1.
Department of Social Services Central Registry of Abuse and Neglect §63-7-1920(A)
The Department of Social Services must maintain a Central Registry of Child Abuse and
Neglect within the department’s child protective services unit in accordance with this
subarticle and Subarticles 5 and 7 and Section 17-25-135. Perpetrators of child abuse and
neglect must be entered in the registry only by order of a court as provided for in this
subarticle and Section 17-25-135, or as provided for in Section 63-7-1230. Each entry in
the registry must be accompanied by information further identifying the person including
but not limited to, the person’s date of birth, address, and any other identifying
characteristics, and describing the abuse or neglect committed by the person.
Section 63-7-1990(B)(4) states the department is authorized to grant access to the records
of the indicated cases to the following persons, agencies, or entities: a law enforcement
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agency investigating or prosecuting known or suspected abuse or neglect of a child or any
other crime against a child, attempting to locate a missing child, investigating or
prosecuting the death of a child, or investigating or prosecuting any other crime
established in or associated with activities authorized under this article.
2.
H.
Sex Offender Registry §23-3-410(A)(B)
(A)
The registry is under the direction of the Chief of the State Law Enforcement
Division (SLED) and shall contain information the chief considers necessary to
assist law enforcement in the location of persons convicted of certain offenses.
SLED shall develop and operate the registry to: collect, analyze, and maintain
information; make information available to every enforcement agency in this
State and in other states; and establish a security system to ensure that only
authorized persons may gain access to information gathered under this article.
(B)
SLED shall include and cross-reference alias names in the registry.
EXPLAIN THE “ELECTRONIC SECURING AND TARGETING OF ONLINE PREDATORS
ACT” S.C. CODE OF LAWS 23-3-555 (A) (1) (2) (3), (B) (1) (2) (3)
(A)
(B)
(1)
Interactive computer service means an information service, system, or access
software provider that offers users the capability of generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information
via an Internet access provider, including a service or system that provides or
enables computer access by multiple users to a computer server, including
specifically a service or system that provides access to the Internet and such
systems operated or services offered by libraries or educational institutions.
(2)
Internet access provider’ means a business, organization, or other entity providing
directly to consumers a computer and communications facility through which a
person may obtain access to the Internet. An Internet access provider does not
include a business, organization, or other entity that provides only
telecommunications services, cable services, or video service, or any system
operated or services offered by a library or educational institution.
(3)
Internet identifier means an electronic mail address, user name, screen name, or
similar identifier used for the purpose of Internet forum discussions, Internet chat
room discussions, instant messaging, social networking, or similar Internet
communication.
(1)
A sex offender who is required to register with the sex offender registry pursuant
to this article must provide, upon registration and each registration, information
regarding the offender’s Internet accounts with Internet access providers and the
offender’s Internet identifiers.
(2)
A sex offender who is required to register with the sex offender registry pursuant
to this article and who changes an Internet account with an Internet access
provider or changes an Internet identifier must send written notice of the change
to the appropriate sheriff within three business days of changing the Internet
account or Internet identifier. A sheriff who receives notification of change of an
Internet account or Internet identifier must notify the South Carolina Law
Enforcement Division (SLED) within three business days.
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(3)
III.
A sex offender who fails to provide Internet account or Internet Identifier
information, or who fails to provide notification of change of an Internet account
or an Internet identifier, must be punished as provided for in Section 23-3-470.
An offender who knowingly and willfully gives false information regarding an
Internet account or Internet identifier must be punished as provided for in Section
23-3-475.
SUMMARY
This block of instruction has addressed the nuances of child abuse with an emphasis on the dynamics of
victimization and investigating child abuse and neglect. It was the intention of this block of instruction
to better prepare first responders for dealing with child abuse situations.
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INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO Child Abuse
LESSON PLAN #:
I0296G
STATUS (New/Revised):
Revised-February
2015
1.
Children’s Law Center, (2001). Finding Words South Carolina. Columbia, SC, (now known as “Child First
South Carolina”)
2.
Lanning, Kenneth V., (1987) “Child Molesters: A Behavioral Analysis for Law Enforcement” Boca Raton, FL,
(pg. 23-25, 93-95)
3.
SC Code of Laws: Section 63-7-20(3); Section 63-7-20(a)(4); Section 63-7-920(C); Section 63-7-760; Section
63-7-20(9); Section 63-7-610(A), Section 63-7-620(A)(1); Section 63-7-390; Section 63-7-310; Section 63-7640; Section 63-7-680; Section 63-7-620(B)(1); Section 63-5-350; Section 63-7-750; Section 63-7-380;
Section 63-7-620; Section 63-7-370; Section 63-17-20(B); Section 16-17-495(A)(1); Section 63-7-10; Section
63-7-1920(A); Section 63-7-1990(B)(4); Section 23-3-410(A)(B); Section 23-3-555(A)(1)(2)(3), (B)(1)(2)(3);
Section 23-3-470; Section 23-3-475
118
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Drugs of Abuse
LESSON PLAN #:
I0296H
TRAINING UNIT:
Police Science
TIME ALLOCATION:
4 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
November 10, 2005
STATUS (New/Revised):
Revised August 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To educate School Resources Officers on the latest in drug trends among school age children.
EVALUATION PROCEDURES:
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
PowerPoint
LCD projector
Handouts
119
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Drugs of Abuse
LESSON PLAN #:
I0296H
PERFORMANCE OBJECTIVES:
1.
Discuss the drugs that are most commonly abused.
2.
Identify ways of detecting possible drug use.
3.
Identify drug statutes.
120
STATUS (New/Revised):
Revised August 2015
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Drugs of Abuse
I.
LESSON PLAN #:
I0296H
STATUS (New/Revised):
Revised August 2015
INTRODUCTION
Unfortunately there are drugs in our schools; therefore, School Resource Officers must learn all they can
about illegal drugs. School Resource Officers must keep up on current drug trends, drug recognition, and
drug information to keep their schools safe. This block will allow the officer to become more familiar
with the most commonly used drugs among our young people today. This information will allow the
School Resource Officer to become a resource not just to their school, but to parents and their
community.
II.
BODY
A.
DRUGS MOST COMMONLY ABUSED
1.
Depressants
a.
GHB (Gamma-Hydroxybutyrate) (National Institute on Drug Abuse, 2010)
GHB is a Schedule I drug and is a colorless, tasteless, and odorless liquid. GHB is
usually ingested orally after having been mixed in a liquid; however, GHB can be
found in the form of a tablet, capsule, and powder. GHB use is most common
among white, middle-class males between ages 13 and 30. The effects of GHB
can occur in as few as 10 minutes and last for 2 to 4 hours.
GHB, like Rohypnol, is known as a “date rape drug.” Due to the effects that GHB
has on the unsuspecting rape victim, it can make it very difficult for law
enforcement to prosecute. According to U.S. reports, law enforcement agencies in
every region report that GHB appears to have surpassed Rohypnol as the most
common substance used in to facilitate sexual assaults.
(1)
(2)
Some common street names associated with GHB
(a)
G
(b)
Georgia Home Boy
(c)
Grievous Bodily Harm
(d)
Liquid X
(e)
Liquid E
(f)
Gamma-OH
(g)
Fantasy
Effects of using GHB
(a)
Drunken like state
(b)
Drowsiness
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b.
(c)
Dizziness
(d)
Memory loss
(e)
Coma
(f)
Confusion
(g)
Muscle relaxation
Rohypnol (flunitrazepam hydrochloride) (National Institute on Drug Abuse,
2010)
Rohypnol is a Schedule IV drug that is manufactured in pill form. Rohypnol is
usually taken orally but can also be crushed and snorted. Rohypnol is the original
“date rape drug.” The effects of Rohypnol can take affect after 20 minutes and
last as long as 12 hours.
(1)
(2)
c.
Some common street names associated with Rohypnol
(a)
R-2
(b)
Mexican Valium
(c)
Rophies
(d)
Circles
(e)
Roach
(f)
Rope
Effects of using Rohypnol
(a)
Amnesia
(b)
Decreased blood pressure
(c)
Drowsiness
(d)
Visual disturbances
(e)
Confusion
(f)
Urinary retention
(g)
Paralysis of the limbs
Ketamine (Ketamine hydrochloride) (National Institute on Drug Abuse, 2010)
Ketamine is a Schedule III drug and in its original form is a liquid. Ketamine can
also be cooked to produce a white powder that is then snorted. Ketamine is a
tranquilizer most commonly used on animals; therefore, many areas have
experienced an increase in the number of robberies at veterinarian clinics. The
effects of Ketamine can take effect after 5 minutes and last up to 60 minutes.
(1)
Methods of usage
(a)
Ingested
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(2)
(3)
2.
(b)
Injected
(c)
Smoked
(d)
Snorted
Some common street names associated with Ketamine
(a)
K
(b)
Special K
(c)
Super Acid
(d)
Purple
(e)
Cat Valium
(f)
Vitamin K
(g)
Jet
Effects of using Ketamine
(a)
Dreamy feeling
(b)
Floating outside your body
(c)
Numbness of extremities
(d)
Hallucinations (entering the “K Hole”)
(e)
Delirium
(f)
Amnesia
(g)
Depression
Stimulants
a.
Methamphetamines (National Institute on Drug Abuse, 2010)
Methamphetamines are a Schedule II drug and in its purest form is a white
crystalline color and in powder form. However, because it is now more difficult to
buy the products to manufacture Methamphetamines, the finished product now
varies in color and powder texture. Powder Methamphetamines are now showing
up in tan, white, and pink. Another form of “meth” is sold in a chunky crystal
form, also known as “Crystal Meth.” Meth is commonly produced in makeshift
laboratories in the U.S., although “Meth” produced and smuggled from Mexico
has increased. Although it does not take an academic chemist to make "Meth," it
does take the correct formula and know how. Instructions usually include the
type of laboratory glassware needed, the chemicals needed, and how these
chemicals and equipment go together.
Meth user will feel the effects anywhere from 2 – 16 hours depending on how it is
ingested. Currently more than 12 million Americans have tried
Methamphetamines, and 1.5 million are regular users. It is estimated that 90% of
the people producing methamphetamines are amateurs; therefore there has been a
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rise in the number of home grown clandestine laboratories. Methamphetamine use
is on the rise throughout South Carolina and especially in counties such as Aiken,
Clarendon, Florence, Greenville, Lee, Lexington, Spartanburg, and Sumter.
(1)
(2)
(3)
Method of usage
(a)
Injecting
(b)
Snorting
(c)
Smoking
(d)
Oral ingestion
Some common street names associated with Methamphetamine
(a)
Speed
(b)
Meth
(c)
Chalk
(d)
Christine
(e)
Tina
(f)
Lemon Drop
(g)
Working Man’s Cocaine
(h)
Stove Top
(i)
Ice (Crystal Form)
(j)
Crystal (Crystal Form)
(k)
Crank (Crystal Form)
(l)
Glass (Crystal Form)
(m)
Yabba (Tablet Form)
Effects of using Methamphetamine
(a)
Paranoia
(b)
Hyperactivity
(c)
Hallucinations
(d)
Aggression
(e)
Increased blood pressure
(f)
Cardiac arrhythmia
(g)
Weight loss
(h)
Itching and welts on the skin (“Meth” or “Crank Bugs”)
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b.
(i)
Stroke
(j)
Nausea, vomiting, and diarrhea
Amphetamines are powerful and popular pharmaceutical stimulants. True
amphetamines are no longer prescribed for weight control. As a result of this
restriction, not as many true amphetamines are seen on the street. (Note:
Amphetamines are prescribed for such things as narcolepsy and attention deficit
disorders.) Examples include:
(1)
Dextroamphetamine (Department of Justice, 2010)
(a)
Ritalin – medically used in treatment of children with Attention
Deficit Disorder (ADD)
According to the Drug Enforcement Administration, Ritalin is one
of the mostly frequently stolen medications.
(b)
(2)
c.
Adderall, Adderall XR, Vyvanse, Dextrostat, and Dexedrine –
medically used in treatment of children with Attention Deficit
Disorder (ADD)
Bi-phetamine 20 - "Black Beauties"
Ecstasy (MDMA) (National Institute on Drug Abuse, 2010)
MDMA, which stands for N-methyl-3-4-methylenedioxymethamphetamine, is
also commonly referred to as Ecstasy. MDMA or Ecstasy is a Schedule 1 drug
and has both stimulant and hallucinogenic properties. MDMA was first
synthesized and patented in 1914 by a German drug company called Merck. This
drug was commonly used as an appetite suppressant until the 1970s. In the 1970s
MDMA was used as a psychotherapy drug for patients because it was believed
that it would help them open up and talk about their feelings. Until 1985, MDMA
was not an illegal drug in the United States; however in 2001 the Food and Drug
Administration (FDA) approved the use of MDMA to treat patients suffering
from Post-Traumatic Stress Disorder.
Ecstasy in its purest form is a white crystalline powder; however, it is sold in
capsule, pressed pill, and powder forms. The average cost for one ecstasy pill is
between $10.00 -$30.00. The average reported dose is 1 to 2 tablets, with each
tablet containing between 60mgs to 120mgs of MDMA. The effects of ecstasy
can last for 3 to 6 hours. Currently, Western Europe countries such as Belgium
and the Netherlands produce 80% of the MDMA consumed worldwide.
Currently, MDMA is considered a “Club Drug” because during the late 1980s
MDMA was distributed during “raves” and all night dance clubs. Raves became
popular because they were advertised as alcohol free events, so parents assumed
they were safe. In reality, raves usually have high entrance fees, extensive drug
use, and overcrowded dance floors. They also sell overpriced items such as
water and sports drinks because the drug causes hyperthermia and dehydration,
pacifiers to prevent involuntary clinching of their teeth, and menthol nasal
inhalers and neon glow sticks to enhance the effects of the drug. Many cities and
states have passed laws banning raves, so now MDMA is being used in other
settings such as high schools and college campuses.
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(1)
(2)
(3)
The taking of Ecstasy is commonly referred to as:
(a)
Rolling
(b)
Popping
(c)
Dropping
(d)
Flipping
(e)
Dosing
Some common street names associated with MDMA:
(a)
Ecstasy
(b)
XTC
(c)
Adam
(d)
Hug
(e)
Beans
(f)
Love Drug
(g)
Candy
(h)
Disco Biscuits
(i)
M&Ms
(j)
Scoobies
(k)
Smarties
(l)
Vitamin E
(m)
Vitamin X
(n)
Rolls
(o)
Googs
Adulterants of MDMA
Because Ecstasy is a powder substance many people will mix it with other
drugs when making it into pill form. Some of the commonly used
adulterants are:
(a)
Methamphetamine
(b)
Caffeine
(c)
Dextromethorphan (Cough Suppressant)
(d)
Ephedrine
(e)
Cocaine
126
(4)
(f)
Mescaline
(g)
Paramethoxyamphetamine (PMA)
(h)
Ketamine
(i)
Viagra (Sextasy)
(j)
2C-B
Effects of using MDMA
(a)
Sleeplessness
(b)
Depression
(c)
Dehydration
(d)
Paranoia
(e)
Hallucinations
(f)
Nausea
(g)
Increase in body temperature
(h)
Tremors
(i)
Involuntary clenching of teeth (“gurning” or “grinding” )
(j)
Muscle cramps
(k)
High blood pressure
(l)
Seizures
(m)
Heat stroke
http://www.drugabuse.gov/infofacts/ecstasy.html
d.
Eros/Nexus 2C-B (4-bromo-2, 5-dimethoxyphenethylamine)
Justice, 2010)
(Department of
2C-B, a Schedule I drug, is a white powder usually found in pressed tablets or gel
caps. Many people have confused 2C-B with MDMA because the tablets look
very similar. 2C-B was first sold commercially as an aphrodisiac under the trade
name "Eros." For several years, it was available in Dutch smart shops under the
name "Nexus" as predosed tablets. 2C-B is commonly referred to as a milder form
of LSD. The effects of 2C-B can last approximately 4-6 hours when taken orally,
shorter periods if snorted.
(1)
Some common street names associated with 2C-B
(a)
7th heaven
(b)
7-up
(c)
Blue Mystic
127
(2)
e.
(d)
lucky 7
(e)
Tripstasy
(f)
Bromo
(g)
Performax
(h)
Toonies
(i)
Afterburner Bromo
(j)
Cloud Nine
(k)
BDMPEA
(l)
Synergy
(m)
Too See Bees
Effects of using 2C-B
(a)
Anxiety
(b)
Energy in the body
(c)
Visual patterning
(d)
Mental stimulation
(e)
Feelings of insight
(f)
Emotional shifts
(g)
Wavering or moving visions
(h)
Diarrhea
(i)
Frightening thoughts
Cocaine and Crack (Department of Justice, 2010)
(1)
Cocaine
Cocaine has been abused for more than 100 years. Cocaine is a Schedule
II drug and is extracted from the leaves of the coca plant (Erythroxylon
Coca), which is grown in South America. In the early 1900s cocaine was
the main stimulant in tonics and elixirs to treat almost all illnesses. Today
it is commonly used in the medical world as a local anesthetic.
There are two forms of cocaine: Hydrochloride salt (powder form) and
freebase (rock form). Cocaine in powder form has a fine, white, crystalline
texture. Cocaine is the most powerful stimulant and is highly addictive.
The effects of cocaine are very short and fast acting, usually lasting only
15 to 30 minutes.
According to the 2008 National Survey on Drug Use and Health, adults 18
to 25 years of age have the highest cocaine usage rate of any other age
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groups. There are approximately 1.5 million Americans who use cocaine
on a regular basis. Presently, Colombia, South America produces and
supplies 90% of cocaine reaching the United States.
(a)
(b)
(2)
Methods of usage
i.
Snorting
ii.
Injecting
iii.
Freebasing (smoking)
Some common street names associated with cocaine
i.
Big C
ii.
Big Flake
iii.
Blow
iv.
Candy
v.
Coke
vi.
Nose Candy
vii.
Speedball
viii.
Yeyo
Crack (National Institute on Drug Abuse, 2010)
Crack (smoke-able form of cocaine) is a Schedule II drug and is a yellow
to white in color rock like substance. Crack is manufactured using a pot or
microwave safe container, ammonia or sodium bicarbonate (baking soda),
water and cocaine. The solution is boiled until a solid substance separates
from the mixture; this substance is then removed to dry. Crack Cocaine
rocks are between 75 to 90 percent pure Cocaine. Because Crack is
smoked the user feels the effects much faster and shorter than cocaine,
usually lasting only 10 -15 minutes. The term “crack” refers to the
crackling sound produced by the rock as it is heated.
Crack has become so prevalent because of its price. At one time, Cocaine
was very expensive and only wealthy people could afford to use it, until
Crack came along. Now Crack has become the drug of choice among
many drug users. Currently, Crack can be found all throughout the state of
South Carolina.
Effects of using Cocaine and/or Crack
(a)
Superabundant energy
(b)
Loss of appetite
(c)
Irritability
(d)
Anxiety
129
f.
(e)
Panic
(f)
Hallucinations
(g)
Weight loss
(h)
Heart attack
Khat (National Institute on Drug Abuse, 2010)
Khat is classified as a stimulant and contains a number of chemicals among which
are two controlled substances, cathinone (Schedule I) and cathine (Schedule IV).
For centuries, Khat, the fresh young leaves of the Catha Edulis shrub, have been
consumed where the plant is cultivated, primarily in East Africa and the Arabian
peninsula. The effects begin to subside after about 90 minutes to 3 hours, but can
last 24 hours.
(1)
(2)
(3)
Method of usage
(a)
Chewed - The fresh leaves, twigs, and shoots of the Khat shrub are
chewed, and then retained in the cheek and chewed intermittently
to release the active drug.
(b)
Smoked
(c)
Tea or a chewable paste
Some common street names associated with Khat
(a)
Qat
(b)
Kat
(c)
Chat
(d)
Miraa
(e)
Quaadka
(f)
Quat
(g)
Gat
(h)
Abyssinian tea
(i)
African salad
Effects of using Khat
(a)
Euphoria
(b)
Hyperactivity
(c)
Tooth darkening (a greenish tinge)
(d)
Insomnia
(e)
Manic behaviors
130
3.
Opioids and Morphine Derivatives (Narcotics) (Department of Justice, 2010)
a.
Heroin
Heroin is a Schedule I drug and is the most abused and fastest acting of the
opiates. Heroin, a powder substance, often varies in color. The color of heroin on
the street often depends on the type of dilute or "cuts" used. For example, heroin
that appears brown has probably been "cut" with cocoa powder, face make-up
powder, or brown sugar. White heroin, if not pure, could be "cut" with such
diluents as milk powder or quinine. It must be remembered that any powder,
including poisons, can be used to "cut" (make more of a substance by adding or
mixing filling, bulking agents or other drugs) illegal drugs. According to some
reports today, heroin has been found in purity levels of greater than 90%. With
purity levels so high, heroin is now conducive to snorting. Another form of
Heroin is known as “Black Tar Heroin” because of the way it is manufactured,
may be sticky, like roofing tar or hard like coal, and its color may vary from dark
brown to black. According to the 2008 National Survey on Drug Use and Health,
there were 114,000 first-time users of heroin aged 12 or older in 2008.
The supply of heroin in South Carolina is, for the most part, concentrated in urban
areas. However, there has been an increase of affluent suburban middle class
youths traveling to the inner cities of Florence, Columbia, Charleston,
Spartanburg, and Greenville to obtain heroin. According to the DEA 65% of
heroin in the United States came from South America and 17% comes from
Mexico.
(1)
(2)
(3)
Methods of usage
(a)
Injected
(b)
Sniffed/snorted
(c)
Smoked
Some common street names associated with Heroin
(a)
China White
(b)
Smack
(c)
Junk
(d)
Horse
(e)
Brown Sugar
(f)
H
(g)
Big H
(h)
Black Tar
(i)
Mexican Black Tar
Effects of using Heroin
(a)
Suppression of pain
131
b.
(b)
Nausea/vomiting
(c)
Collapsed veins
(d)
Reduced respiratory rate
(e)
Abscesses (boils)
(f)
Tuberculosis
(g)
Death
Morphine
Morphine is most often abused in a clinical setting. The aforesaid statement is true
because morphine is very difficult to obtain on the street. Many medical
"professionals," employed by hospitals, have easy access to such powerful pain
relievers.
Morphine comes in the following forms:
c.
(1)
Liquid - graduated vials and pre-prepared hypodermic needles are
restricted almost exclusively to hospitals.
(2)
Tablet
Oxycodone/OxyContin® (Department of Justice, 2010)
Oxycodone is a moderately powerful narcotic pain reliever often prescribed by
dentists after oral surgery, and by other doctors for several sources of moderate
pain. Oxycodone is the active ingredient in such pharmaceutical drugs as
OxyContin, Percodan, Percocet, and Tylox. Oxycodone is most often obtained
illegally by "doctor shopping" and fraudulent prescription. The abuse of
Oxycodone has escalated over the last several years. Oxycodone products are in
Schedule II and abused orally, or the tablets are crushed and sniffed, or dissolved
in water and injected. Oxycodone is marketed alone as OxyContin® in 10, 20, 40
and 80 mg controlled-release tablets.
4.
Hallucinogens
a.
LSD (Lysergic Acid Diethylamide) (Department of Justice, 2010)
LSD is a Schedule I drug and is the most potent hallucinogen. LSD in its purest
form is a liquid and is colorless, odorless, and has a slightly bitter taste. LSD is
usually sold on blotter paper, sugar cubes, and small decorated squares of gelatin
sheets or shapes (pyramids, cubes, etc…), liquid, capsules, or tablets. The user
will begin to feel the effects of LSD after approximately 30-90 minutes and the
effects may last as long as 12 hours. It has been reported that LSD users may
experience “flashbacks” several years later when they are no longer using LSD.
These “flashbacks” are a medical condition known as Hallucinogen Persisting
Perception Disorder (HPPD).
(1)
Some common street names associated with LSD
(a)
Acid
(b)
Microdot
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(2)
b.
(c)
Blotter Acid
(d)
Trip
(e)
Cube
(f)
Window Glass
Effects of using LSD
(a)
Hallucinations
(b)
Disorientation
(c)
Extreme mood swings
(d)
Impaired short term memory
(e)
Cross over sensations(i.e., hearing colors and feeling sound)
(f)
Higher body temperature
(g)
Loss of appetite
(h)
Tremors
Salvia divinorum (Department of Justice, 2010)
This plant is found in isolated, shaded, and moist parts of Mexico. It grows to well
over a meter in height, has large green leaves, and hollow square stems with
occasional white and purple flowers. Salvia divinorum remains legal in most
countries and, within the United States, legal in the majority of states. Salvia
divinorum is becoming more widely known about and used in modern culture,
due to the internet, websites are now selling live salvia plants, dried leaves,
extracts, and other preparations. The National Survey on Drug Use and Health, an
annual US based survey sponsored by the Substance Abuse and Mental Health
Services Administration (SAMHSA), for 2006 estimated that about 1.8 million
persons aged 12 or older had used Salvia divinorum in their lifetime, of which
approximately 750,000 had done so in that year.
If salvia is smoked the main effects are experienced quickly. The most intense
‘peak’ is reached within a minute or so and lasts for about 1-5 minutes, followed
by a gradual tapering back. At 5-10 minutes, less intense yet still appreciable
effects typically persist, but giving way to a returning sense of the everyday and
familiar until back to recognizable baseline after about 15 to 20 minutes. Chewing
the leaf makes the effects come on more slowly, over a period of 10 to 20
minutes, the experience then lasting from another 30 minutes up to one and a half
hours. When taken as a tincture the effects and duration are similar to other
methods of oral ingestion, though may be significantly more intense, depending
on the potency of the extract.
(1)
Methods of usage
(a)
Chewed
(b)
Smoked
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(c)
(2)
(3)
c.
Tincture – The Salvia is placed in a jar with ethanol the jar is
closed and left to stand for 2-3 weeks.
Some common street names associated with Salvia divinorum
(a)
Ska Pastora
(b)
Shepherdess’s Herb
(c)
Ska Maria Pastora
(d)
Yerba de Maria
(e)
Sally D
Effects of using Salvia divinorum
(a)
Hallucinations
(b)
Disorientation
(c)
Extreme mood swings
PCP (Phencyclidine) (National Institute on Drug Abuse, 2010)
PCP is a Schedule II drug and in its purest form is a white crystalline powder.
However, most PCP on the street contains a number of contaminates causing the
color to range from tan to brown, with a consistency ranging from powder to
gummy mass. PCP is most commonly sold as a powder or a liquid; however, PCP
may also be in a tablet and/or capsule form.
(1)
(2)
Methods of usage
(a)
Snorted
(b)
Smoked
(c)
Injected
(d)
Swallowed
Some common street names associated with PCP
(a)
Angel Dust
(b)
Embalming Fluid
(c)
Rocket Fuel
(d)
Supergrass
(e)
Killer Weed
(f)
Wack
(g)
Ozone
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(3)
d.
Effects of using PCP
(a)
Anxiety
(b)
Feeling of impending doom
(c)
Paranoia
(d)
Violet hostility (aka “bad trips”)
(e)
Suicidal
(f)
Coma
(g)
Convulsions
(h)
Drooling
(i)
Numbness
(j)
Altered state of consciousness
Mushrooms (Psilocybin) (National Institute on Drug Abuse, 2010)
Psilocybin mushrooms is a Schedule I drug and have been used for centuries in
Indian rituals. Psilocybin mushrooms are often taken orally. Psilocybin
mushrooms are called “Magic Mushrooms” and they are eaten, brewed in tea,
dried and put in capsule form, or dried and laced with cigarettes or marijuana
joints. The user may experience delusions, mild hallucinations, confusion, and
aggressive behavior.
e.
Peyote
Peyote is a Schedule I drug and are cactus flowers that produce small pink fruit
that can be eaten. Human cultivated specimens grow considerably faster, usually
taking less than three years to go from seedling to mature flowering adult. The top
of the cactus that grows above ground, also referred to as the crown, consists of
disc-shaped buttons that are cut above the roots and sometimes dried. The buttons
are generally chewed, or boiled in water to produce a psychoactive tea. The
resulting infusion is extremely bitter to some people and, in most cases, the
partaker experiences a high degree of nausea before the onset of the psychoactive
effects.
Once ingested, peyote can cause feelings of nausea before the desired mental
effects appear, which are altered states of perception and feeling. Other effects
can include increased body temperature, heart rate and blood pressure, loss of
appetite, sleeplessness, numbness, weakness, and tremors. Effects can be different
during each use due to varying potency, the amount ingested, and the user's
expectations, mood and surroundings. Other effects can include terrifying
thoughts, anxiety, and fears of insanity, death, or losing control. Some users
experience "flashbacks," or hallucinogen persisting perception disorder (HPPD),
which are reoccurrences of hallucinations long after ingesting the drug.
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5.
Marijuana (Cannabis) (National Institute on Drug Abuse, 2010)
Marijuana is a Schedule I drug and is the most frequently used illicit drug in the United
States. Marijuana in its natural form is a plant and is usually smoked but can also be
eaten. Marijuana traditionally has been grown outdoors; however, growers have moved
indoors in order to evade police detection and control the environment. Marijuana
cultivation technology has accelerated in recent years with advances in lighting
technology, hydroponics, fertilizers, and the blending of hybrid plants. Due to the
technology advances there has been a rise in the THC content in Marijuana from less than
1% in 1974 to currently 18-24%, with the highest recorded at 36%. Currently 14.6
million Americans use Marijuana
a.
b.
c.
Types of cultivation
(1)
Soil
(2)
Hydroponic (nutrient charged water and clay pebbles)
(3)
Passive Hydroponics (Inert medium containing nutrient solution)
(4)
Active Hydroponics (Nutrient solution circulating by water pumps)
(5)
Aeroponic (plants suspended in the air with roots exposed and sprayed
with nutrient solution)
Some common street names associated with Marijuana
(1)
Grass
(2)
Pot
(3)
Weed
(4)
Hydro
(5)
Mary Jane
(6)
420
(7)
Acapulco Red
(8)
Sess
(9)
BC Bud
(10)
Whackatabacky
(11)
Ganja
Effects of using Marijuana
(1)
Lung infections
(2)
Bronchitis
(3)
Emphysema
(4)
Impairs judgment and short term memory
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6.
(5)
Inhibits concentration
(6)
Diminishes motor control functions
Marijuana Concentrates (DEA “Drugs of Abuse” Department of Justice, 2014)
A marijuana concentrate is a highly potent THC (Tetrahydrocannabinol) concentrated
mass that is most similar in appearance to either honey or butter.
Marijuana concentrates contain extraordinarily high THC levels that could range from 40
to 80%. This form of marijuana can be up to four times stronger in THC content than
high grade or top shelf marijuana, which normally measures around 20% THC levels.
Many methods are utilized to convert or "manufacture" marijuana into marijuana
concentrates. One method is the butane extraction process. This process is particularly
dangerous because it uses highly flammable butane to extract the THC from the cannabis
plant. In this process, shredded or ground up plant material is stuffed into a glass, metal,
or plastic pipe, with a filter on one end and then the butane is forced in the open end of
the pipe. As the butane goes through the pipe, the THC within the plant material is
extracted and forced through the filter usually into a receptacle. The receptacle is then
heated to burn off the remaining butane creating a butane gas. Given the extremely
volatile nature of heating butane and creating a gas, this process has resulted in violent
explosions. THC extraction labs are being reported nationwide, particularly in the
western states and in states where local and state marijuana laws are more relaxed.
One form of abuse occurs orally by infusing marijuana concentrates in various food or
drink products; however, smoking remains the most popular form of ingestion by use of
water or oil pipes. A disturbing aspect of this emerging threat is the ingestion of
concentrates via electronic cigarettes (also known as e-cigarettes) or vaporizers. Many
abusers of marijuana concentrates prefer the e-cigarette/vaporizer because it's smokeless,
odorless and easy to hide or conceal. The user takes a small amount of marijuana
concentrate, referred to as a "dab," then heats the substance using the ecigarette/vaporizer producing vapors that ensures an instant "high" affect upon the user.
Using an e-cigarette/vaporizer to ingest marijuana concentrates is commonly referred to
as "dabbing" or "vaping."
Being a highly concentrated form of marijuana, the effects upon the user may be more
psychologically and physically intense than plant marijuana use. To date, long term
effects of marijuana concentrate use are not yet fully known; but, we do know the effects
of plant marijuana use. These effects include paranoia, anxiety, panic attacks, and
hallucinations. Additionally, the use of plant marijuana increases one's heart rate and
blood pressure. Plant marijuana users may also experience withdrawal and addiction
problems.
Street or "slang" terms change often and vary regionally across the country. Marijuana
concentrates are often referred to as 710 (the word "OIL" flipped and spelled backwards),
wax, ear wax, honey oil, budder, butane hash oil, butane honey oil (BHO), shatter, dabs
(dabbing), black glass, and errl.
7.
Steroids (National Institute on Drug Abuse, 2010)
Anabolic steroids are a Schedule III drug and are in a liquid and pill form. Steroids are
artificial testosterone hormones. Steroid abuse was once viewed as a problem only among
professional athletes; however, 5 to 12 % of male and 1% of female high school students
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report using illegal anabolic steroids by their senior year. One in five American youth’s
ages 12-17 knows someone who takes steroids.
Using steroids can cause depression, irritability, severe acne, premature balding, reduced
sexual function, and testicular atrophy. They can also cause abnormal breast development
in males and more body hair, deeper voice, and smaller breast in women.
8.
Inhalants (National Institute on Drug Abuse, 2010)
Many young people are under the misconception that because inhalant products are legal
that there is no risk involved. Sniffing, snorting, bagging (inhaled from a plastic bag)
and/or huffing (inhalant soaked rag in the mouth) are the four ways that inhalants are
abused. The effects of huffing can last several minutes to several hours.
a.
b.
c.
Some household products are used as inhalants:
(1)
Markers
(2)
Nail polish remover
(3)
Spray paint
(4)
Propane
(5)
Rubber cement
(6)
Nitrous oxide
(7)
Whip cream cans (Reddi Whip)
(8)
Aerosol deodorants
(9)
Butane fuels
Common street names associated with inhalants are
(1)
Bolt
(2)
Bullet
(3)
Locker Room
(4)
Rush
(5)
Whippets
(6)
Texas Shoe Shine
Effects of using inhalants include
(1)
Sudden death
(2)
Violent behavior
(3)
Headaches
(4)
Hallucinations
(5)
Loss of memory
138
9.
(6)
Muscle weakness
(7)
Nose bleeds
(8)
Brain damage
(9)
Suffocation
DXM (National Institute on Drug Abuse, 2010).
DXM is a cough suppressant found in a variety of over-the-counter cold and cough
medicines. There are currently 100 different products on the market that contain DXM.
If cold and cough medications are taken as recommend, then the over-the-counter
medications are safe. Many DXM abusers will drink an entire bottle or take as many as
30 tablets of cough medicine. The effects of DXM are very similar to PCP and Ketamine.
a.
b.
10.
Common street names associated with DXM include
(1)
Dex
(2)
Robo
(3)
Skittles
(4)
Syrup
(5)
Triple C
(6)
Tussin
Effects of using DXM include
(1)
Slurred speech
(2)
Vomiting
(3)
Rapid heart beat
(4)
Drowsiness
(5)
Abdominal pain
(6)
Numbness of the fingers and toes
(7)
Mild distortions of color and sound
(8)
Hallucinations
K2/Spice
K2/Spice is a new form of synthetic chemical sold in smoke shops and convenience
stores around the world as incense or potpourri. The product was first developed in the
mid-1990s by chemist John W. Huffman of Clemson University. K2 is a mixture of
herbal and spice plant products, but it is sprayed with a potent psychotropic drug and
likely contaminated with an unknown toxic substance that is causing many adverse
effects. K2 can be ingested orally, snorted or injected. According to an article by
139
www.livescience.com (2011) K2 is about 10 times more active than THC, the active
ingredient in marijuana.
Effects of using K2/Spice are
11.
a.
Severe paranoia
b.
Suicidal thought/actions
c.
Sleepiness
d.
Relaxation
e.
Reduced blood pressure
f.
Hallucinations
g.
Delusions
h.
Elevated blood pressure
i.
Agitation
Bath Salts (DEA “Drugs of Abuse” Department of Justice, 2014)
Bath Salts are a synthetic drug made to mimic the euphoria associated with cocaine,
methamphetamine or heroin. Bath salts contain methylenedioxypyrovalerone (MDPV)
and provide stimulatory effects on the central nervous system and cardiovascular system.
People who abuse these substances have reported agitation, insomnia, irritability,
dizziness, depression, paranoia, delusions, suicidal thoughts, seizures, and panic attacks.
Users have also reported effects including impaired perception of reality, reduced motor
control, and decreased ability to think clearly. They are sold in convenience stores and
smoke shops across the country legally. Bath salts can be smoked, snorted, injected,
mixed in water, or eaten as is, but the effect on the user will be the same. “Bath salt”
stimulant products are sold in a fine white, off-white, or slightly yellow-colored powder.
It can also be found in tablet and capsule form. Due to the recent dangers associated with
this drug and K2, 11 states have introduced legislation making it illegal to possess or
distribute this product.
a.
Common street names associated with Bath salts include
(1)
Ivory Wave
(2)
Pure White
(3)
Pure Ivory
(4)
Bliss
(5)
White Lightning
(6)
White Knight
(7)
Hurricane Charlie
(8)
Vanilla Sky
(9)
Bolivian Bath
140
b.
B.
(10)
Purple Wave
(11)
Blue Silk
Effects of using Bath Salts
(1)
Agitation
(2)
Paranoia
(3)
Hallucinations
(4)
Chest Pain
(5)
Suicidal Thoughts
(6)
High Blood Pressure
DETECTION OF POSSIBLE DRUG USE
1.
Possible Drug Paraphernalia
Many different things can be used to assist people in using drugs. While the items listed
below without the presence of drugs do not constitute a drug user, the School Resource
Officer should still be aware of possible drug paraphernalia items. This list is also not all
inclusive, as there are too many items to list them all. Some of the following items may
be good indicators of possible drug use among your students:
2.
a.
Rolling papers
b.
Bongs
c.
Miscellaneous pipes
d.
Baby pacifiers
e.
Painter’s face mask
f.
Hypodermic needles
g.
Eye droppers
h.
Glass vials
i.
Scales
Possible Locations Where Drugs May Be Hidden
People have become more creative about where they hide their drugs, so never assume
that drugs cannot be hidden in anything particular. The students in your schools also
share information with each other, so if you discover a hiding place that all your students
use to hide their drugs then they will come up with another location. Some of the
following items may be possible drug hiding places among your students:
a.
Bookbags
b.
Pocketbooks
c.
On the student’s person
141
C.
d.
Make-up containers and lipstick tubes
e.
Car remote
f.
Wallets
g.
Over-the-counter headache medicine type bottles
h.
Shoes
i.
Water bottles
j.
Bottle of eye drops
IDENTIFY DRUG STATUTES
1.
Section 44-53-40. Obtaining certain drugs, devices, preparations or compounds by fraud,
deceit, or the like. (South Carolina Code of Law, 2010)
(A)
(B)
It is unlawful for a person to obtain or attempt to obtain a drug or device as
defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or
chemical compound that is restricted in regard to its sale at retail by:
(1)
fraud, deceit, misrepresentation, or subterfuge;
(2)
forgery or alteration of a prescription;
(3)
falsification in any manner of any record of sale required by law;
(4)
use of a false name or the giving of a false address;
(5)
concealment of a material fact; or
(6)
falsely assuming the title of or representing himself to be a person
authorized by the laws of this State to possess such drugs, pharmaceutical
preparations, chemicals, chemical compound, or devices.
A person who violates this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than five hundred dollars or imprisoned not
more than two years, or both for a first offense. Conviction for a second or
subsequent offense, is a felony and the person must be fined not more than two
thousand dollars or imprisoned not more than five years, or both.
A person must not be convicted of a criminal offense under this section unless it
is shown by clear and convincing evidence that the drug, pharmaceutical
preparation, chemical, chemical compound, or device would not have been
obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery,
alteration, falsification, concealment, or other prohibited act allegedly practiced
by the accused.
2.
Section 44-53-365. Theft of controlled substance; penalty. (South Carolina Code of Law,
2010)
(A)
It is unlawful for a person to take or exercise control over a controlled substance,
the immediate precursor of a controlled substance, or ephedrine, pseudoephedrine,
or phenylpropanolamine belonging to another person or entity with the intent to
142
deprive the person or entity of the controlled substance, the immediate precursor,
or ephedrine, pseudoephedrine, or phenylpropanolamine.
(B)
3.
A person who knowingly and intentionally violates subsection (A):
(1)
for a first offense, is guilty of a felony and, upon conviction, must be
imprisoned for not more than five years or fined not more than five
thousand dollars, or both; and
(2)
for a second or subsequent violation, is guilty of a felony and, upon
conviction, must be imprisoned for not more than ten years or fined not
more than ten thousand dollars, or both.
Section 44-53-370. Prohibited acts A; penalties. (South Carolina Code of Law, 2010)
(a)
(b)
Except as authorized by this article it shall be unlawful for any person:
(1)
to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt,
or conspire to manufacture, distribute, dispense, deliver, or purchase, or
possess with the intent to manufacture, distribute, dispense, deliver, or
purchase a controlled substance or a controlled substance analogue;
(2)
to create, distribute, dispense, deliver, or purchase, or aid, abet, attempt, or
conspire to create, distribute, dispense, deliver, or purchase, or possess
with intent to distribute, dispense, deliver, or purchase a counterfeit
substance.
A person who violates subsection (a) with respect to:
(1)
a controlled substance classified in Schedule I (b) and (c) which is a
narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II
which is a narcotic drug is guilty of a felony and, upon conviction, for a
first offense must be imprisoned not more than fifteen years or fined not
more than twenty-five thousand dollars, or both. For a second offense, or
if, in the case of a first conviction of violation of any provision of this
subsection, the offender previously has been convicted of a violation of
the laws of the United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs,
the offender must be imprisoned not less than five years nor more than
thirty years, or fined not more than fifty thousand dollars, or both. For a
third or subsequent offense, or if the offender previously has been
convicted two or more times in the aggregate of a violation of the laws of
the United States or of any state, territory, or district relating to narcotic
drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the
offender must be imprisoned not less than ten years nor more than thirty
years, or fined not more than fifty thousand dollars, or both.
Notwithstanding any other provision of law, a person convicted and
sentenced pursuant to this item for a first offense or second offense may
have the sentence suspended and probation granted and is eligible for
parole, supervised furlough, community supervision, work release, work
credits, education credits, and good conduct credits. Notwithstanding any
other provision of law, a person convicted and sentenced pursuant to this
subsection for a third or subsequent offense in which all prior offenses
were for possession of a controlled substance pursuant to subsections (c)
143
and (d), may have the sentence suspended and probation granted and is
eligible for parole, supervised furlough, community supervision, work
release, work credits, education credits, and good conduct credits. In all
other cases, the sentence must not be suspended nor probation granted;
(2)
any other controlled substance classified in Schedule I, II, or III,
flunitrazepam or a controlled substance analogue, is guilty of a felony and,
upon conviction, for a first offense must be imprisoned not more than five
years or fined not more than five thousand dollars, or both. For a second
offense, or, if, in the case of a first conviction of violation of any provision
of this subsection, the offender previously has been convicted of a
violation of the laws of the United States or of any state, territory, or
district relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, the offender is guilty of a felony and, upon
conviction, must be imprisoned not more than ten years or fined not more
than ten thousand dollars, or both. For a third or subsequent offense, or, if
the offender previously has been convicted two or more times in the
aggregate of a violation of the laws of the United States or of any state,
territory, or district relating to narcotic drugs, marijuana, depressant,
stimulant, or hallucinogenic drugs, the offender is guilty of a felony and,
upon conviction, must be imprisoned not less than five years nor more
than twenty years, or fined not more than twenty thousand dollars, or both.
Notwithstanding any other provision of law, a person convicted and
sentenced pursuant to this item for a first offense or second offense may
have the sentence suspended and probation granted, and is eligible for
parole, supervised furlough, community supervision, work release, work
credits, education credits, and good conduct credits. Notwithstanding any
other provision of law, a person convicted and sentenced pursuant to this
item for a third or subsequent offense in which all prior offenses were for
possession of a controlled substance pursuant to subsections (c) and (d),
may have the sentence suspended and probation granted, and is eligible for
parole, supervised furlough, community supervision, work release, work
credits, education credits, and good conduct credits. In all other cases, the
sentence must not be suspended nor probation granted;
(3)
a substance classified in Schedule IV except for flunitrazepam is guilty of
a misdemeanor and, upon conviction, for a first offense must be
imprisoned not more than three years or fined not more than three
thousand dollars, or both. In the case of second or subsequent offenses, the
person is guilty of a felony and, upon conviction, must be imprisoned not
more than five years or fined not more than six thousand dollars, or both.
Notwithstanding any other provision of law, a person convicted and
sentenced pursuant to this item for a first offense or second offense may
have the sentence suspended and probation granted and is eligible for
parole, supervised furlough, community supervision, work release, work
credits, education credits, and good conduct credits. Notwithstanding any
other provision of law, a person convicted and sentenced pursuant to this
subsection for a third or subsequent offense in which all prior offenses
were for possession of a controlled substance pursuant to subsections (c)
and (d), may have the sentence suspended and probation granted and is
eligible for parole, supervised furlough, community supervision, work
144
release, work credits, education credits, and good conduct credits. In all
other cases, the sentence must not be suspended nor probation granted;
(4)
a substance classified in Schedule V is guilty of a misdemeanor and, upon
conviction, for a first offense must be imprisoned not more than one year
or fined not more than one thousand dollars, or both. In the case of second
or subsequent offenses, the sentence must be twice the first offense.
Notwithstanding any other provision of law, a person convicted and
sentenced pursuant to this item for a first offense or second offense may
have the sentence suspended and probation granted and is eligible for
parole, supervised furlough, community supervision, work release, work
credits, education credits, and good conduct credits. Notwithstanding any
other provision of law, a person convicted and sentenced pursuant to this
item for a third or subsequent offense in which all prior offenses were for
possession of a controlled substance pursuant to subsections (c) and (d),
may have the sentence suspended and probation granted and is eligible for
parole, supervised furlough, community supervision, work release, work
credits, education credits, and good conduct credits. In all other cases, the
sentence must not be suspended nor probation granted;
(c)
It shall be unlawful for any person knowingly or intentionally to possess a
controlled substance unless the substance was obtained directly from, or pursuant
to a valid prescription or order of, a practitioner while acting in the course of his
professional practice, or except as otherwise authorized by this article.
(d)
A person who violates subsection (c) with respect to:
(1)
a controlled substance classified in Schedule I (b) and (c) which is a
narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II
which is a narcotic drug is guilty of a misdemeanor and, upon conviction,
must be imprisoned not more than two years or fined not more than five
thousand dollars, or both. For a second offense, the offender is guilty of a
felony and, upon conviction, must be imprisoned not more than five years
or fined not more than five thousand dollars, or both. For a third or
subsequent offense, the offender is guilty of a felony and, upon conviction,
must be imprisoned not more than five years or fined not more than ten
thousand dollars, or both. Notwithstanding any other provision of law, a
person convicted and sentenced pursuant to this item may have the
sentence suspended and probation granted and is eligible for parole,
supervised furlough, community supervision, work release, work credits,
education credits, and good conduct credits;
(2)
any other controlled substance classified in Schedules I through V is guilty
of a misdemeanor and, upon conviction, must be imprisoned not more
than six months or fined not more than one thousand dollars, or both. For a
second or subsequent offense, the offender is guilty of a misdemeanor and,
upon conviction, must be imprisoned not more than one year or fined not
more than two thousand dollars, or both, except as provided in subsection
(d)(4). Notwithstanding any other provision of law, a person convicted and
sentenced pursuant to this item may have the sentence suspended and
probation granted and is eligible for parole, supervised furlough,
community supervision, work release, work credits, education credits, and
good conduct credits;
145
(3)
cocaine is guilty of a misdemeanor and, upon conviction, must be
imprisoned not more than three years or fined not more than five thousand
dollars, or both. For a first offense, the court, upon approval of the
solicitor, may require as part of a sentence, that the offender enter and
successfully complete a drug treatment and rehabilitation program. For a
second offense, the offender is guilty of a felony and, upon conviction,
must be imprisoned not more than five years or fined not more than seven
thousand five hundred dollars, or both. For a third or subsequent offense,
the offender is guilty of a felony and, upon conviction, must be imprisoned
not more than ten years or fined not more than twelve thousand five
hundred dollars, or both. Notwithstanding any other provision of law, a
person convicted and sentenced pursuant to this item may have the
sentence suspended and probation granted and is eligible for parole,
supervised furlough, community supervision, work release, work credits,
education credits, and good conduct credits;
(4)
possession of more than: one gram of cocaine, one hundred milligrams of
alpha- or beta-eucaine, four grains of opium, four grains of morphine, two
grains of heroin, one hundred milligrams of isonipecaine, twenty-eight
grams or one ounce of marijuana, ten grams of hashish, fifty micrograms
of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets,
capsules, dosage units, or the equivalent quantity of 3,
4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or
milligrams of gamma hydroxybutyric acid or a controlled substance
analogue of gamma hydroxybutyric acid, is prima facie guilty of violation
of subsection (a) of this section. A person who violates this subsection
with respect to twenty-eight grams or one ounce or less of marijuana or
ten grams or less of hashish is guilty of a misdemeanor and, upon
conviction, must be imprisoned not more than thirty days or fined not less
than one hundred dollars nor more than two hundred dollars. Conditional
discharge may be granted in accordance with the provisions of Section
44-53-450 upon approval by the circuit solicitor to the magistrate or
municipal judge. As a part of a sentence, a magistrate or municipal judge
may require attendance at an approved drug abuse program. Persons
charged with the offense of possession of marijuana or hashish under this
item may be permitted to enter the pretrial intervention program under the
provisions of Sections 17-22-10 through 17-22-160. For a second or
subsequent offense, the offender is guilty of a misdemeanor and, upon
conviction, must be imprisoned not more than one year or fined not less
than two hundred dollars nor more than one thousand dollars, or both.
Notwithstanding any other provision of law, a person convicted and
sentenced pursuant to this item may have the sentence suspended and
probation granted and is eligible for parole, supervised furlough,
community supervision, work release, work credits, education credits, and
good conduct credits.
When a person is charged under this subsection for possession of controlled
substances, bail shall not exceed the amount of the fine and the assessment
provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is
applicable. A person charged under this item for a first offense for possession of
controlled substances may forfeit bail by nonappearance. Upon forfeiture in
general sessions court, the fine portion of the bail must be distributed as provided
146
in Section 14-1-205. The assessment portion of the bail must be distributed as
provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable.
(e)
Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or
brings into this State, or who provides financial assistance or otherwise aids,
abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or
bring into this State, or who is knowingly in actual or constructive possession or
who knowingly attempts to become in actual or constructive possession of:
(1)
ten pounds or more of marijuana is guilty of a felony which is known as
"trafficking in marijuana" and, upon conviction, must be punished as
follows if the quantity involved is:
(a)
(2)
ten pounds or more, but less than one hundred pounds:
1.
for a first offense, a term of imprisonment of not less than
one year nor more than ten years, no part of which may be
suspended nor probation granted, and a fine of ten thousand
dollars;
2.
for a second offense, a term of imprisonment of not less
than five years nor more than twenty years, no part of
which may be suspended nor probation granted, and a fine
of fifteen thousand dollars;
3.
for a third or subsequent offense, a mandatory term of
imprisonment of twenty-five years, no part of which may
be suspended nor probation granted, and a fine of
twenty-five thousand dollars;
(b)
one hundred pounds or more, but less than two thousand pounds,
or one hundred to one thousand marijuana plants regardless of
weight, a mandatory term of imprisonment of twenty-five years, no
part of which may be suspended nor probation granted, and a fine
of twenty-five thousand dollars;
(c)
two thousand pounds or more, but less than ten thousand pounds,
or more than one thousand marijuana plants, but less than ten
thousand marijuana plants regardless of weight, a mandatory term
of imprisonment of twenty-five years, no part of which may be
suspended nor probation granted, and a fine of fifty thousand
dollars;
(d)
ten thousand pounds or more, or ten thousand marijuana plants, or
more than ten thousand marijuana plants regardless of weight, a
term of imprisonment of not less than twenty-five years nor more
than thirty years with a mandatory minimum term of imprisonment
of twenty-five years, no part of which may be suspended nor
probation granted, and a fine of two hundred thousand dollars;
ten grams or more of cocaine or any mixtures containing cocaine, as
provided in Section 44-53-210(b)(4), is guilty of a felony which is known
as "trafficking in cocaine" and, upon conviction, must be punished as
follows if the quantity involved is:
147
(a)
(b)
(3)
ten grams or more, but less than twenty-eight grams:
1.
for a first offense, a term of imprisonment of not less than
three years nor more than ten years, no part of which may
be suspended nor probation granted, and a fine of
twenty-five thousand dollars;
2.
for a second offense, a term of imprisonment of not less
than five years nor more than thirty years, no part of which
may be suspended nor probation granted, and a fine of fifty
thousand dollars;
3.
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years nor
more than thirty years, no part of which may be suspended
nor probation granted, and a fine of fifty thousand dollars;
twenty-eight grams or more, but less than one hundred grams:
1.
for a first offense, a term of imprisonment of not less than
seven years nor more than twenty-five years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
2.
for a second offense, a term of imprisonment of not less
than seven years nor more than thirty years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
3.
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years and
not more than thirty years, no part of which may be
suspended nor probation granted, and a fine of fifty
thousand dollars;
(c)
one hundred grams or more, but less than two hundred grams, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of fifty
thousand dollars;
(d)
two hundred grams or more, but less than four hundred grams, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of one
hundred thousand dollars;
(e)
four hundred grams or more, a term of imprisonment of not less
than twenty-five years nor more than thirty years with a mandatory
minimum term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of two
hundred thousand dollars;
four grams or more of any morphine, opium, salt, isomer, or salt of an
isomer thereof, including heroin, as described in Section 44-53-190 or
44-53-210, or four grams or more of any mixture containing any of these
substances, is guilty of a felony which is known as "trafficking in illegal
148
drugs" and, upon conviction, must be punished as follows if the quantity
involved is:
(a)
(4)
four grams or more, but less than fourteen grams:
1.
for a first offense, a term of imprisonment of not less than
seven years nor more than twenty-five years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
2.
for a second or subsequent offense, a mandatory minimum
term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine
of one hundred thousand dollars;
(b)
fourteen grams or more but less than twenty-eight grams, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of two
hundred thousand dollars;
(c)
twenty-eight grams or more, a mandatory term of imprisonment of
not less than twenty-five years nor more than forty years, no part
of which may be suspended nor probation granted, and a fine of
two hundred thousand dollars;
fifteen grams or more of methaqualone is guilty of a felony which is
known as "trafficking in methaqualone" and, upon conviction, must be
punished as follows if the quantity involved is:
(a)
fifteen grams but less than one hundred fifty grams:
1.
for a first offense, a term of imprisonment of not less than
one year nor more than ten years, no part of which may be
suspended nor probation granted, and a fine of ten thousand
dollars;
2.
for a second or subsequent offense, a mandatory term of
imprisonment of twenty-five years, no part of which may
be suspended nor probation granted, and a fine of
twenty-five thousand dollars;
(b)
one hundred fifty grams but less than fifteen hundred grams, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of
twenty-five thousand dollars;
(c)
fifteen hundred grams but less than fifteen kilograms, a mandatory
term of imprisonment of twenty-five years, no part of which may
be suspended nor probation granted, and a fine of fifty thousand
dollars;
(d)
fifteen kilograms or more, a term of imprisonment of not less than
twenty-five years nor more than thirty years with a mandatory
minimum term of imprisonment of twenty-five years, no part of
149
which may be suspended nor probation granted, and a fine of two
hundred thousand dollars;
(5)
one hundred tablets, capsules, dosage units, or the equivalent quantity, or
more of lysergic acid diethylamide (LSD) is guilty of a felony which is
known as "trafficking in LSD" and, upon conviction, must be punished as
follows if the quantity involved is:
(a)
(b)
(c)
(6)
one hundred dosage units or the equivalent quantity, or more, but
less than five hundred dosage units or the equivalent quantity:
1.
for a first offense, a term of imprisonment of not less than
three years nor more than ten years, no part of which may
be suspended nor probation granted, and a fine of twenty
thousand dollars;
2.
for a second offense, a term of imprisonment of not less
than five years nor more than thirty years, no part of which
may be suspended or probation granted, and a fine of forty
thousand dollars;
3.
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years nor
more than thirty years, no part of which may be suspended
nor probation granted, and a fine of fifty thousand dollars;
five hundred dosage units or the equivalent quantity, or more, but
less than one thousand dosage units or the equivalent quantity:
1.
for a first offense, a term of imprisonment of not less than
seven years nor more than twenty-five years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
2.
for a second offense, a term of imprisonment of not less
than seven years nor more than thirty years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
3.
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years and
not more than thirty years, no part of which may be
suspended nor probation granted, and a fine of fifty
thousand dollars;
one thousand dosage units or the equivalent quantity, or more, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of one
hundred thousand dollars;
one gram or more of flunitrazepam is guilty of a felony which is known as
"trafficking in flunitrazepam" and, upon conviction, must be punished as
follows if the quantity involved is:
(a)
one gram but less than one hundred grams:
150
(7)
1.
for a first offense a term of imprisonment of not less than
one year nor more than ten years, no part of which may be
suspended nor probation granted, and a fine of ten thousand
dollars;
2.
for a second or subsequent offense, a mandatory term of
imprisonment of twenty-five years, no part of which may
be suspended nor probation granted, and a fine of
twenty-five thousand dollars;
(b)
one hundred grams but less than one thousand grams, a mandatory
term of imprisonment of twenty years, no part of which may be
suspended nor probation granted, and a fine of twenty-five
thousand dollars;
(c)
one thousand grams but less than five kilograms, a mandatory term
of imprisonment of twenty-five years, no part of which may be
suspended nor probation granted, and a fine of fifty thousand
dollars;
(d)
five kilograms or more, a term of imprisonment of not less than
twenty-five years, nor more than thirty years, with a mandatory
minimum term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of two
hundred thousand dollars;
fifty milliliters or milligrams or more of gamma hydroxybutyric acid or a
controlled substance analogue of gamma hydroxybutyric acid is guilty of a
felony which is known as "trafficking in gamma hydroxybutyric acid"
and, upon conviction, must be punished as follows:
(a)
for a first offense, a term of imprisonment of not less than one year
nor more than ten years, no part of which may be suspended nor
probation granted, and a fine of ten thousand dollars;
(b)
for a second or subsequent offense, a mandatory term of
imprisonment of twenty-five years, no part of which may be
suspended nor probation granted, and a fine of twenty-five
thousand dollars.
A person convicted and sentenced under this subsection to a mandatory
term of imprisonment of twenty-five years, a mandatory minimum term of
imprisonment of twenty-five years, or a mandatory minimum term of
imprisonment of not less than twenty-five years nor more than thirty years
is not eligible for parole, extended work release, as provided in Section
24-13-610, or supervised furlough, as provided in Section 24-13-710.
Notwithstanding Section 44-53-420, a person convicted of conspiracy
pursuant to this subsection must be sentenced as provided in this section
with a full sentence or punishment and not one-half of the sentence or
punishment prescribed for the offense.
The weight of any controlled substance in this subsection includes the
substance in pure form or any compound or mixture of the substance.
151
The offense of possession with intent to distribute described in Section
44-53-370(a) is a lesser included offense to the offenses of trafficking
based upon possession described in this subsection.
(8)
one hundred tablets, capsules, dosage units, or the equivalent quantity, or
more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a
felony which is known as "trafficking in MDMA or ecstasy" and, upon
conviction, must be punished as follows if the quantity involved is:
(a)
(b)
(c)
(f)
one hundred dosage units or the equivalent quantity, or more, but
less than five hundred dosage units or the equivalent quantity:
(i)
for a first offense, a term of imprisonment of not less than
three years nor more than ten years, no part of which may
be suspended nor probation granted, and a fine of twenty
thousand dollars;
(ii)
for a second offense, a term of imprisonment of not less
than five years nor more than thirty years, no part of which
may be suspended nor probation granted, and a fine of forty
thousand dollars;
(iii)
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years nor
more than thirty years, no part of which may be suspended
nor probation granted, and a fine of fifty thousand dollars;
five hundred dosage units or the equivalent quantity, or more, but
less than one thousand dosage units or the equivalent quantity:
(i)
for a first offense, a term of imprisonment of not less than
seven years nor more than twenty-five years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
(ii)
for a second offense, a term of imprisonment of not less
than seven years nor more than thirty years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
(iii)
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years and
not more than thirty years, no part of which may be
suspended nor probation granted, and a fine of fifty
thousand dollars;
one thousand dosage units or the equivalent quantity, or more, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of one
hundred thousand dollars.
It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid,
abet, attempt, or conspire to administer, distribute, dispense, or deliver a
controlled substance or gamma hydroxy butyrate to an individual with the intent
to commit one of the following crimes against that individual:
152
(g)
(1)
kidnapping, Section 16-3-910;
(2)
trafficking in persons, Section 16-3-930;
(3)
criminal sexual conduct in the first, second, or third degree, Sections
16-3-652, 16-3-653, and 16-3-654;
(4)
criminal sexual conduct with a minor in the first, second, or third degree,
Section 16-3-655;
(5)
criminal sexual conduct where victim is legal spouse (separated), Section
16-3-658;
(6)
spousal sexual battery, Section 16-3-615;
(7)
engaging a child for a sexual performance, Section 16-3-810;
(8)
petit larceny, Section 16-13-30 (A); or
(9)
grand larceny, Section 16-13-30 (B).
A person who violates subsection (f) with respect to:
(1)
a controlled substance classified in Schedule I (b) or (c) which is a
narcotic drug or lysergic acid diethylamide (LSD), or in Schedule II which
is a narcotic drug is guilty of a felony and, upon conviction, must be:
(a)
for a first offense, imprisoned not more than twenty years or fined
not more than thirty thousand dollars, or both;
(b)
for a second offense, or if in the case of a first conviction of a
violation of any provision of this subsection, the offender
previously has been convicted of a violation of the laws of the
United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs, imprisoned not less than five years nor more than thirty
years, or fined not more than fifty thousand dollars, or both;
(c)
for a third or subsequent offense, or if the offender previously has
been convicted two or more times in the aggregate of a violation of
the laws of the United States or of any state, territory, or district
relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, imprisoned not less than fifteen years nor
more than thirty years, or fined not more than fifty thousand
dollars, or both.
Except in the case of conviction for a first offense, the sentence in this
item must not be suspended and probation must not be granted;
(2)
any other controlled substance or gamma hydroxybutyrate is guilty of a
felony and, upon conviction, must be:
(a)
for a first offense, imprisoned not more than fifteen years or fined
not more than twenty-five thousand dollars, or both;
153
(b)
for a second offense, or if in the case of a first conviction of a
violation of any provision of this subsection, the offender
previously has been convicted of a violation of the laws of the
United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs, imprisoned not more than twenty years or fined not more
than thirty thousand dollars, or both;
(c)
for a third or subsequent offense, or if the offender previously has
been convicted two or more times in the aggregate of a violation of
the laws of the United States or of any state, territory, or district
relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, imprisoned not less than five years nor more
than twenty-five years, or fined not more than forty thousand
dollars, or both.
Except in the case of conviction for a first offense, the sentence in this
item must not be suspended and probation must not be granted.
4.
Section 44-53-375. Possession, manufacture and trafficking of methamphetamine and
cocaine base and other controlled substances; penalties. (South Carolina Code of Law,
2010)
(A)
A person possessing less than one gram of methamphetamine or cocaine base, as
defined in Section 44-53-110, is guilty of a misdemeanor and, upon conviction for
a first offense, must be imprisoned not more than three years or fined not more
than five thousand dollars, or both. For a first offense the court, upon approval of
the solicitor, may require as part of a sentence, that the offender enter and
successfully complete a drug treatment and rehabilitation program. For a second
offense, the offender is guilty of a felony and, upon conviction, must be
imprisoned not more than five years or fined not more than seven thousand five
hundred dollars, or both. For a third or subsequent offense, the offender is guilty
of a felony and, upon conviction, must be imprisoned not more than ten years or
fined not more than twelve thousand five hundred dollars, or both.
Notwithstanding any other provision of law, a person convicted and sentenced
pursuant to this subsection may have the sentence suspended and probation
granted and is eligible for parole, supervised furlough, community supervision,
work release, work credits, education credits, and good conduct credits.
(B)
A person who manufactures, distributes, dispenses, delivers, purchases, or
otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense,
deliver, or purchase, or possesses with intent to distribute, dispense, or deliver
methamphetamine or cocaine base, in violation of the provisions of Section
44-53-370, is guilty of a felony and, upon conviction:
(1)
for a first offense, must be sentenced to a term of imprisonment of not
more than fifteen years or fined not more than twenty-five thousand
dollars, or both;
(2)
for a second offense or if, in the case of a first conviction of a violation of
this section, the offender has been convicted of any of the laws of the
United States or of any state, territory, or district relating to narcotic drugs,
marijuana, depressant, stimulant, or hallucinogenic drugs, the offender
154
must be imprisoned for not less than five years nor more than thirty years,
or fined not more than fifty thousand dollars, or both;
(3)
for a third or subsequent offense or if the offender has been convicted two
or more times in the aggregate of any violation of the laws of the United
States or of any state, territory, or district relating to narcotic drugs,
marijuana, depressant, stimulant, or hallucinogenic drugs, the offender
must be imprisoned for not less than ten years nor more than thirty years,
or fined not more than fifty thousand dollars, or both.
Possession of one or more grams of methamphetamine or cocaine base is prima
facie evidence of a violation of this subsection. Notwithstanding any other
provision of law, a person convicted and sentenced pursuant to this subsection for
a first offense or second offense may have the sentence suspended and probation
granted, and is eligible for parole, supervised furlough, community supervision,
work release, work credits, education credits, and good conduct credits.
Notwithstanding any other provision of law, a person convicted and sentenced
pursuant to this subsection for a third or subsequent offense in which all prior
offenses were for possession of a controlled substance pursuant to subsection (A),
may have the sentence suspended and probation granted and is eligible for parole,
supervised furlough, community supervision, work release, work credits,
education credits, and good conduct credits. In all other cases, the sentence must
not be suspended nor probation granted.
(C)
A person who knowingly sells, manufactures, delivers, purchases, or brings into
this State, or who provides financial assistance or otherwise aids, abets, attempts,
or conspires to sell, manufacture, deliver, purchase, or bring into this State, or
who is knowingly in actual or constructive possession or who knowingly attempts
to become in actual or constructive possession of ten grams or more of
methamphetamine or cocaine base, as defined and otherwise limited in Section
44-53-110, 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is
known as "trafficking in methamphetamine or cocaine base" and, upon
conviction, must be punished as follows if the quantity involved is:
(1)
(2)
ten grams or more, but less than twenty-eight grams:
(a)
for a first offense, a term of imprisonment of not less than three
years nor more than ten years, no part of which may be suspended
nor probation granted, and a fine of twenty-five thousand dollars;
(b)
for a second offense, a term of imprisonment of not less than five
years nor more than thirty years, no part of which may be
suspended nor probation granted, and a fine of fifty thousand
dollars;
(c)
for a third or subsequent offense, a mandatory minimum term of
imprisonment of not less than twenty-five years nor more than
thirty years, no part of which may be suspended nor probation
granted, and a fine of fifty thousand dollars;
twenty-eight grams or more, but less than one hundred grams:
(a)
for a first offense, a term of imprisonment of not less than seven
years nor more than twenty-five years, no part of which may be
155
suspended nor probation granted, and a fine of fifty thousand
dollars;
(b)
for a second offense, a term of imprisonment of not less than seven
years nor more than thirty years, no part of which may be
suspended nor probation granted, and a fine of fifty thousand
dollars;
(c)
for a third or subsequent offense, a mandatory minimum term of
imprisonment of not less than twenty-five years and not more than
thirty years, no part of which may be suspended nor probation
granted, and a fine of fifty thousand dollars;
(3)
one hundred grams or more, but less than two hundred grams, a mandatory
term of imprisonment of twenty-five years, no part of which may be
suspended nor probation granted, and a fine of fifty thousand dollars;
(4)
two hundred grams or more, but less than four hundred grams, a
mandatory term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of one hundred
thousand dollars;
(5)
four hundred grams or more, a term of imprisonment of not less than
twenty-five years nor more than thirty years with a mandatory minimum
term of imprisonment of twenty-five years, no part of which may be
suspended nor probation granted, and a fine of two hundred thousand
dollars.
(D)
Possession of equipment or paraphernalia used in the manufacture of cocaine,
cocaine base, or methamphetamine is prima facie evidence of intent to
manufacture.
(E)
(1)
It is unlawful for any person, other than a manufacturer, practitioner,
dispenser, distributor, or retailer to knowingly possess any product that
contains nine grams or more of ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts, isomers, or salts of isomers, or a
combination of any of these substances. A person who violates this
subsection is guilty of a felony known as "trafficking in ephedrine,
pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of
isomers, or a combination of any of these substances" and, upon
conviction, must be punished as follows if the quantity involved is:
(a)
nine grams or more, but less than twenty-eight grams:
(i)
for a first offense, a term of imprisonment of not more than
ten years, no part of which may be suspended nor probation
granted, and a fine of twenty-five thousand dollars;
(ii)
for a second offense, a term of imprisonment of not less
than five years nor more than thirty years, no part of which
may be suspended nor probation granted, and a fine of fifty
thousand dollars;
(iii)
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years nor
156
more than thirty years, no part of which may be suspended
nor probation granted, and a fine of fifty thousand dollars;
(b)
(2)
twenty-eight grams or more, but less than one hundred grams:
(i)
for a first offense, a term of imprisonment of not less than
seven years nor more than twenty-five years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
(ii)
for a second offense, a term of imprisonment of not less
than seven years nor more than thirty years, no part of
which may be suspended nor probation granted, and a fine
of fifty thousand dollars;
(iii)
for a third or subsequent offense, a mandatory minimum
term of imprisonment of not less than twenty-five years and
not more than thirty years, no part of which may be
suspended nor probation granted, and a fine of fifty
thousand dollars;
(c)
one hundred grams or more, but less than two hundred grams, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of fifty
thousand dollars;
(d)
two hundred grams or more, but less than four hundred grams, a
mandatory term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of one
hundred thousand dollars;
(e)
four hundred grams or more, a term of imprisonment of not less
than twenty-five years nor more than thirty years with a mandatory
minimum term of imprisonment of twenty-five years, no part of
which may be suspended nor probation granted, and a fine of two
hundred thousand dollars.
This subsection does not apply to:
(a)
a consumer who possesses products:
(i)
containing
ephedrine,
pseudoephedrine,
or
phenylpropanolamine in a manner consistent with typical
medicinal or household use, as indicated by storage
location, and possession of the products in a variety of
strengths, brands, types, purposes, and expiration dates; or
(ii)
for agricultural use containing anhydrous ammonia if the
consumer has reformulated the anhydrous ammonia by
means of additive so as effectively to prevent the
conversion of the active ingredient into methamphetamine,
its salts, isomers, salts of isomers, or its precursors, or the
precursors' salts, isomers, or salts of isomers, or a
combination of any of these substances; or
157
(3)
5.
(b)
products labeled for pediatric use pursuant to federal regulations
and according to label instructions primarily intended for
administration to children under twelve years of age; or
(c)
products that the Drug Enforcement Administration and the
Department of Health and Environmental Control, upon
application of a manufacturer, exempts because the product is
formulated in such a way as to effectively prevent the conversion
of the active ingredient into methamphetamine, its salts, isomers,
salts of isomers, or its precursors, or the precursors' salts, isomers,
or salts of isomers, or a combination of any of these substances.
This subsection preempts all local ordinances or regulations governing the
possession of any product that contains ephedrine, pseudoephedrine, or
phenylpropanolamine.
(F)
Sentences for violation of the provisions of subsections (C) or (E) may not be
suspended and probation may not be granted. A person convicted and sentenced
under subsection (C) or (E) to a mandatory term of imprisonment of twenty-five
years, a mandatory minimum term of imprisonment of twenty-five years, or a
mandatory minimum term of imprisonment of not less than twenty-five years nor
more than thirty years is not eligible for parole, extended work release as provided
in Section 24-13-610, or supervised furlough as provided in Section 24-13-710.
(G)
A person eighteen years of age or older may be charged with unlawful conduct
toward a child pursuant to Section 63-5-70, if a child was present at any time
during the unlawful manufacturing of methamphetamine.
Section 44-53-378. (South Carolina Code of Law, 2010)
(A)
(B)
It is unlawful for a person who is eighteen years of age or older to:
(1)
either directly or by extraction from natural substances, or independently
by means of chemical processes, or both, unlawfully manufacture
amphetamine, its salts, isomers, or salts of isomers, or methamphetamine,
its salts, isomers, or salts of its isomers in the presence of a minor child;
or
(2)
knowingly permit a child to be in an environment where a person is
selling, offering for sale, or having in such person’s possession with intent
to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or
attempt to manufacture amphetamine or methamphetamine; or
(3)
knowingly permit a child to be in an environment where drug
paraphernalia or volatile, toxic, or flammable chemicals are stored for the
purpose of manufacturing or attempting to manufacture amphetamine or
methamphetamine.
A person who violates subsection (A)(1), (2), or (3), upon conviction, for a first
offense must be imprisoned not more than five years or fined not more than five
thousand dollars, or both. Upon conviction for a second or subsequent offense, the
person must be imprisoned not more than ten years or fined not more than ten
thousand dollars, or both.”
158
6.
Section 44-53-390. Prohibited acts C; penalties. (South Carolina Code of Law, 2010)
(a)
(b)
It is unlawful for a person knowingly or intentionally to:
(1)
distribute as a registrant a controlled substance classified in Schedules I or
II, except pursuant to an order form as required by Section 44-53-350;
(2)
use in the course of the manufacture or distribution of a controlled
substance a registration number which is fictitious, revoked, suspended, or
issued to another person;
(3)
acquire or obtain possession of a controlled substance
misrepresentation, fraud, forgery, deception, or subterfuge;
(4)
furnish false or fraudulent material information in, or omit any material
information from, any application, report, or other document required to
be kept or filed under this article, or any record required to be kept by this
article;
(5)
make, distribute, or possess any punch, die, plate, stone, or other thing
designed to print, imprint, or reproduce the trademark, trade name, or
other identifying mark, imprint, or device of another or any likeness of any
of the foregoing upon any drug or container or labeling so as to render the
drug a counterfeit substance;
(6)
distribute or deliver a noncontrolled substance or an imitation controlled
substance:
by
(A)
with the expressed or implied representation that the substance is a
narcotic or nonnarcotic controlled substance, or with the expressed
or implied representation that the substance is of such nature or
appearance that the recipient of the distribution or delivery will be
able to dispose of the substance as a controlled substance;
(B)
when the physical appearance of the finished product is
substantially similar to a specific controlled substance, or if in a
tablet or capsule dosage form as a finished product it is similar in
color, shape, and size to any controlled substances’ dosage form,
or its finished dosage form has similar, but not necessarily
identical, markings on each dosage unit as any controlled
substances’ dosage form, or if its finished dosage form container
bears similar, but not necessarily identical, markings or printed
material as any controlled substances which is commercially
manufactured and commercially packaged by a manufacturer or
repackager registered under the provisions of Title 21, Section 823
of the United States Code. In any prosecution for unlawful delivery
of a noncontrolled substance, it is no defense that the accused
believed the noncontrolled substance to actually be a controlled
substance.
A person who violates this section is guilty of a felony and, upon conviction, must
be imprisoned not more than five years, or fined not more than ten thousand
dollars, or both. If such person is a corporation, it is subject to a civil penalty of
not more than one hundred thousand dollars.
159
(c)
7.
The provisions of Section 44-53-390(a)(6) do not apply to any transaction in the
ordinary course of professional practice of a practitioner registered to dispense
controlled substances under this article, nor do they apply to a pharmacy acting in
the normal course of business, or pursuant to the lawful order of a placebo
prescription.
Section 44-53-391. Unlawful to advertise for sale, manufacture, possess, sell or deliver,
or to possess with intent to sell or deliver paraphernalia. (South Carolina Code of Law,
2010)
(a)
It shall be unlawful for any person to advertise for sale, manufacture, possess, sell
or deliver, or to possess with the intent to deliver, or sell paraphernalia.
(b)
In determining whether an object is paraphernalia, a court or other authority shall
consider, in addition to all other logically relevant factors, the following:
(c)
(1)
Statements by an owner or by anyone in control of the object concerning
its use;
(2)
The proximity of the object to controlled substances;
(3)
The existence of any residue of controlled substances on the object;
(4)
Direct or circumstantial evidence of the intent of an owner, or of anyone in
control of the object, to deliver it to persons whom he knows, or should
reasonably know, intend to use the object to facilitate a violation of law;
the innocence of an owner, or of anyone in control of the object, as to a
direct violation of law shall not prevent a finding that the object is
intended for use, or designed for use as drug paraphernalia;
(5)
Instructions, oral or written, provided with the object concerning its use;
(6)
Descriptive materials accompanying the object which explain or depict its
use;
(7)
National and local advertising concerning it use;
(8)
The manner in which the object is displayed for sale;
(9)
Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
(10)
Direct or circumstantial evidence of the ratio of sales of the object to the
total sales of the business enterprise;
(11)
The existence and scope of legitimate uses for the object in the
community;
(12)
Expert testimony concerning its use.
Any person found guilty of violating the provisions of this section shall be subject
to a civil fine of not more than five hundred dollars except that a corporation shall
be subject to a civil fine of not more than fifty thousand dollars. Imposition of
such fine shall not give rise to any disability or legal disadvantage based on
conviction for a criminal offense.
160
8.
Section 44-53-440. Distribution to persons under eighteen. (South Carolina Code of Law,
2010)
Any person eighteen years of age or over who violates Section 44-53-370(a) by
distributing a controlled substance classified in Schedule I (b) and (c) which is a narcotic
drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, or
who violates Section 44-53-375(B) by distributing crack cocaine to a person under
eighteen years of age is guilty of a felony and, upon conviction, must be imprisoned for
not more than twenty years or fined not more than thirty thousand dollars, or both, and
the sentence may not be suspended and probation may not be granted. Any person
eighteen years of age or over who violates Section 44-53-370(a) and (b) by distributing
any other controlled substance listed in Schedules I through V to a person under eighteen
years of age is guilty of a misdemeanor and, upon conviction, must be imprisoned for not
more than ten years or fined not more than ten thousand dollars, or both. Any violation of
this section constitutes a separate offense.
9.
Section 44-53-445. Distribution of controlled substance within proximity of school.
(South Carolina Code of Law, 2010)
(A)
It is a separate criminal offense for a person to distribute, sell, purchase,
manufacture, or to unlawfully possess with intent to distribute, a controlled
substance while in, on, or within a one-half mile radius of the grounds of a public
or private elementary, middle, or secondary school; a public playground or park;
a public vocational or trade school or technical educational center; or a public or
private college or university.
(B)
For a person to be convicted of an offense pursuant to subsection (A), the person
must:
(C)
(1)
have knowledge that he is in, on, or within a one-half mile radius of the
grounds of a public or private elementary, middle, or secondary school; a
public playground or park; a public vocational or trade school or technical
educational center; or a public or private college or university; and
(2)
actually distribute, sell, purchase, manufacture, or unlawfully possess with
intent to distribute, the controlled substance within a one-half mile radius
of the grounds of a public or private elementary, middle, or secondary
school; a public playground or park; a public vocational or trade school
or technical educational center; or a public or private college or
university.
A person must not be convicted of an offense pursuant to subsection (A) if the
person is stopped by a law enforcement officer for the controlled substance
offense within a one-half mile radius of the grounds of a public or private
elementary, middle, or secondary school; a public playground or park; a public
vocational or trade school or technical educational center; or a public or private
college or university, but did not actually commit the controlled substance offense
within a one-half mile radius of the grounds of a public or private elementary,
middle, or secondary school; a public playground or park; a public vocational or
trade school or technical educational center; or a public or private college or
university.
161
(D)
(E)
10.
(1)
A person who violates the provisions of this section is guilty of a felony
and, upon conviction, must be fined not more than ten thousand dollars, or
imprisoned not more than ten years, or both.
(2)
When a violation involves only the purchase of a controlled substance, the
person is guilty of a misdemeanor and, upon conviction, must be fined not
more than one thousand dollars or imprisoned not more than one year, or
both.
For the purpose of creating inferences of intent to distribute, the inferences set out
in Sections 44-53-370 and 44-53-375 apply to criminal prosecutions under this
section.
Section 44-53-1110. Aromatic hydrocarbons shall not be used as intoxicants.
(South Carolina Code of Law, 2010)
No person shall, for the purpose of causing a condition of intoxication, inebriation,
excitement, stupefaction or the dulling of his brain or nervous system, intentionally smell
or inhale the fumes from any substance containing aromatic hydrocarbons; provided, that
nothing in this section shall be interpreted as applying to the inhalation of any anesthesia
for medical or dental purposes.
11.
Section 44-53-1120. Unlawful use or possession of aromatic hydrocarbons. (South
Carolina Code of Law, 2010)
No person shall, for the purpose of violating Section 44-53-1110, use or possess for the
purpose of so using, any substance containing aromatic hydrocarbons.
12.
Section 44-53-1130. Penalties. (South Carolina Code of Law, 2010)
Any person who violates any provision of this article shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in an amount not to exceed one
hundred dollars or imprisoned for a term not to exceed thirty days.
13.
Section 44-53-1530. Possessing anabolic steroids without a prescription, or prescribing
anabolic steroids, by non-practitioner, pharmacist, or veterinarian unlawful; penalties.
(South Carolina Code of Law, 2010)
It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to
knowingly or intentionally possess anabolic steroids as defined in this article unless the
steroids were obtained directly from, or pursuant to a valid prescription or order of, a
practitioner while acting in the course of his professional practice. It is unlawful for any
person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally
prescribe, dispense, deliver, or administer anabolic steroids to a person. Any person who
violates this article with respect to:
(1)
prescription, dispensation, delivery, or administration of an anabolic steroid, or
delivery of an anabolic steroid to a person for human use without any purpose
other than a valid medical purpose, or the sale or delivery of an anabolic steroid to
a person for human use without a valid prescription, or the prescription,
dispensation, delivery, or administration of an anabolic steroid to a person by any
person who is not a practitioner, pharmacist, or veterinarian, is guilty of a felony
and, upon conviction, must be punished as follows:
162
(2)
(3)
(4)
III.
(a)
for a first offense, imprisoned for a term not to exceed five years or fined
in an amount not to exceed five thousand dollars, or both;
(b)
for a second or subsequent offense, imprisoned for a term not to exceed
ten years or fined in an amount not to exceed ten thousand dollars, or both;
possession of ten or fewer dosage units of anabolic steroids without a valid
prescription is guilty of a misdemeanor and, upon conviction, must be punished as
follows:
(a)
for a first offense, imprisoned for a term not to exceed six months or fined
in an amount not to exceed one thousand dollars;
(b)
for a second or subsequent offense, imprisoned for a term not to exceed
one year or fined in an amount not to exceed two thousand dollars, or
both;
possession of more than ten but fewer than one hundred dosage-units of anabolic
steroids without a valid prescription is guilty of a misdemeanor and, upon
conviction, must be punished as follows:
(a)
for a first offense, imprisoned for a term not to exceed one year or fined in
an amount not to exceed two thousand dollars, or both;
(b)
for a second or subsequent offense, imprisoned for a term not to exceed
two years or fined in an amount not to exceed three thousand dollars, or
both;
possession of more than one hundred dosage-units of anabolic steroids without a
valid prescription is guilty of a felony and, upon conviction, must be punished as
follows:
(a)
for a first offense, imprisoned for a term not to exceed five years or fined
in an amount not to exceed five thousand dollars, or both;
(b)
for a second or subsequent offense, imprisoned for a term not to exceed
ten years or fined in an amount not to exceed ten thousand dollars, or both.
SUMMARY
A.
REVIEW OBJECTIVES
1.
Discuss The Drugs That Are Most Commonly Abused
2.
Identify Ways of Detecting Possible Drug Use
B.
QUESTIONS AND ANSWERS
C.
CLOSING STATEMENT
School Resource Officers must constantly learn as much as they can to keep up with the latest in
drug trends. By knowing what drugs are being used, what they look like, and how they affect the
body, then the SRO can educate students and parents about the ill effects of drugs. We must
continue to fight the war on drugs because the average age of first use of alcohol is 12 years of
age and marijuana is 14 years of age.
163
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Drugs of Abuse
LESSON PLAN #:
I0296H
STATUS (New/Revised):
Revised-August 2015
1.
Department of Justice. (2010). 2C-B. Retrieved October 3, 2011, from
http://www.justice.gov/ndic/pubs0/665/index.htm#side-effects
2.
National Institute on Drug Abuse. (2010). Ecstasy; GHB Rohypnol; Ketamine; Methamphetamines;
Cocaine; Khat; PCP; Mushrooms (Psilocybin); Peyote; Marijuana; Steroids; Inhalants; DXM;
Retrieved October 3, 2010, from http://www.drugabuse.gov/infofacts/
3.
Department of Justice. (2010). Cocaine. Retrieved October 3, 2011, from
http://www.deadiversion.usdoj.gov/drugs_concern/cocaine/cocaine.htm
4.
Department of Justice. (2010). Morphine; Oxycodone; LSD; Salvia divinorum; . Retrieved October 3,
2011, from http://www.justice.gov/dea/concern/
5.
United States Drug Enforcement Administration. (2014). Drugs of Abuse. Retrieved January 22,
2014, from http://www.justice.gov/dea/pubs/abuse/1-cas.htm chapter 1 The Controlled Substance Act
6.
SC Codes of Law: Section 44-53-40; Section 44-53-365; Section 44-53-370; Section 44-53-375;
Section 44-53-378; Section 44-53-390; Section 44-53-391; Section 44-53-440; Section 44-53-445;
Section 44-53-1110; Section 44-53-1120; Section 44-53-1130; Section 44-53-1530; Section
44-53-40; Section 44-53-365; Section 44-53-370; Section 44-53-375; Section 44-53-378; Section
44-53-390; Section 44-53-391; Section 44-53-440; Section 44-53-445; Section 44-53-1110; Section
44-53-1120; Section 44-53-1130; Section 44-53-1530
7.
Bing Images. Retrieved October 2 – 4, 2011, from http://www.bing.com/images?FORM=Z9LH
8.
Microsoft ClipArt 2007
164
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/ Interview & Interrogations
LESSON PLAN #:
I0296I
TRAINING UNIT:
Police Science
TIME ALLOCATION:
4 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
September 24, 1999
STATUS (New/Revised):
Revised Feb. – 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
2005
LESSON PLAN PURPOSE:
The purpose of this lesson is to teach law enforcement officers how to effectively and successfully conduct
interviews and interrogations. It is essential and vital that all police officers, especially those tasked with
specific investigative functions, be able to successfully extract information from victims, witnesses, and
suspects. Juvenile interviews and interrogations are extremely delicate, special precautions must be followed
to assure that the interview or confession will be admissible in a court of law.
EVALUATION PROCEDURES:
Attendance and participation in all practical exercises
Multiple Choice, Written Exam
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
PowerPoint
165
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/ Interview & Interrogations
LESSON PLAN #:
I0296I
PERFORMANCE OBJECTIVES:
1.
Explain a juvenile’s pre-frontal cortex.
2.
Define an interview.
3.
Explain and use the interview structure process.
4.
Explain and use cognitive interview techniques.
5.
Use and demonstrate proper techniques regarding line-ups.
6.
Explain and use Miranda warnings in the interrogation process.
7.
Define an interrogation.
8.
Explain the interrogation process.
9.
Explain best practice when interviewing or interrogating juveniles.
10.
Explain process when taking a juvenile into custody.
166
STATUS (New/Revised):
Revised Feb. – 2015
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO Interview & Interrogations
I.
LESSON PLAN #:
I0296I
STATUS (New/Revised):
Revised Feb. – 2015
INTRODUCTION
Today’s school resource officer (SRO) is facing an increasingly difficult challenge in regards to the
proper interview and interrogation procedures of juveniles. Coupled with the fact that juvenile
interrogations have come under direct scrutiny from the judicial system because of false confessions and
wrongful convictions, school resource officers must stay aware of the constantly changing legal
landscape as it refers to juvenile interviews and interrogations. Over the past four years, the United
States Supreme Court has stated twice that the pressures of custodial interrogation can cause a
“frighteningly high percentage” of people to falsely confess, while also noting that the risk of false
confessions is particularly great when the person being interrogated is a juvenile.
-
A study of 340 wrongfully convicted people found that 42% of the juveniles studied had falsely
confessed compared with only 13% of adults.
-
A study of 125 proven false confessions found that 32% involved individuals under the age 18.
-
The most recent study on juvenile wrongful convictions found that juveniles were almost twice
as likely to falsely confess.
(The Office of Juvenile Justice and Delinquency Prevention, 2012)
II.
BODY
A.
JUVENILE PRE-FRONTAL CORTEX
The United States Supreme Court has recently embraced the reality that juveniles are more
vulnerable than adults during interrogations because of enhanced scientific studies of the
adolescent brain. We now know that significant changes in the structure and function of the brain
occur during adolescence, particularly in the pre-frontal cortex. The pre-frontal cortex located
behind the forehead is responsible for judgment, problem solving and decision making. It
regulates impulsive behavior by acting as a brake on the parts of the brain that are activated by
fear and stress.
Because the pre-frontal cortex is not fully developed until the end of adolescence, it does not
regulate a teenager’s judgment and decision making as well as in adults. This explains certain
classic adolescent traits that every parent already recognizes:
1.
Difficulty weighing and assessing risks, which can lead to unsafe decisions like
skateboarding on a railing or driving too fast.
2.
Emphasis on immediate rewards rather that long-term consequences, which can
contribute to poor choices like having unprotected sex.
3.
Vulnerability to external pressure, which can result in negative decisions like joining a
gang.
These traits also make adolescents particularly likely to respond to the fear and stress of
interrogation by making involuntary or false statements.
167
B.
DEFINITION OF INTERVIEW (Reid, 2008)
Interview
The interview is a non-accusatory process in which the officer asks questions designed to
develop factual information such as who, what, when, where, and how. It is a conversation with
a purpose. Common goals of most interviews could include any combination of the following:
C.
1.
Obtain useable information
2.
Obtain corroborative information
3.
Identify negative or deceptive information
4.
Verify information
5.
Identify suspects
6.
Eliminate suspects
7.
Assist in conducting link analysis
INTERVIEW STRUCTURE (Reid, 2008/Walters, 2010)
1.
Preparation
a.
Facts
It is important that the interviewer have as many facts and as much information as
possible regarding the person being interviewed, the facts of the case, and any
statutes of any possible criminal offense that may have been committed.
b.
Timing
Should the interview be conducted immediately or later? Most of the time, recall
is best immediately after an incident has occurred. If a victim or witness has
suffered trauma, it is more effective to wait until the effects of the trauma have
dissipated and the victim or witness’s anxiety levels have dropped so that recall of
the incident will be better. When interviewing suspects, it is usually preferred to
have as much incriminating evidence or information as possible before
conducting the interview.
c.
Location
Where is the best place for your interview? Most officers believe that interviews
should be conducted at the law enforcement center where they have more control.
Some believe that interviews of witnesses and victims should be conducted on
their turf (home or other familiar surroundings) to make them feel more
comfortable. Many times, these decisions must be made on a case by case basis
taking into consideration the circumstances of the case. Sometimes, preliminary
interviews must be conducted at crime scenes or hospital emergency rooms.
Privacy is an important concern when attempting to establish rapport in these
situations. When interviewing suspects, it is preferred to conduct the interview at
the law enforcement center where the suspect is at a disadvantage. There are
exceptions to this as well, such as exigent circumstances where someone’s life
could be in danger and time becomes an important factor. Many times, suspects
168
must be interviewed prior to being arrested and, for one reason or another, it may
not be possible to have the suspect interviewed at the law enforcement center.
d.
Plan
Who should be the primary interviewer and how many officers/investigators
should be present? Usually, the case officer or the officer who has the most
information about the case should be the primary interviewer. In some cases, there
may be multiple victims/witnesses/suspects. Assigning these interviewing tasks
will require consideration on a case by case basis using available manpower and
resources.
2.
Introduction
Name
Always identify yourself and give your name and authority as to the purpose of your
interview. Remember that you only get one chance to make a good first impression. A
proper introduction can and will set the tone of the interview.
3.
Rapport
Rapport building is one of the most important and vital parts of this process. Establish
common ground with the person that you are interviewing. Be observant and look for
items that you can talk about with this person. It may be pictures of children, or military
pictures or items, or anything that you can strike up a conversation with this person that
will allow them to relax and relate to you as a regular person, and lower their anxiety
level. This should help establish respect, and it can be an extension of your introduction.
Use mirroring or pacing techniques. This is simply when the interviewer aligns his/her
verbal and non-verbal behavior after another.
4.
Questions
The very basic information that you are looking for, initially, are the answers to who,
what, when, where, why, and how as they relate to the matter at hand. Open-ended
questions are recommended to begin an interview. One of the best open-ended questions
that can be asked is simply… “What happened?” Remember that after asking an openended question to always watch and listen to the response. Watch and listen for truthful
and/or deceptive verbal and non-verbal behavior. This, many times, seems to be difficult
for some officers, as they may be thinking ahead to the next question or writing notes. If
time allows, already have a list of questions written out to use as an outline. After the
open-ended questions are asked and answered and the response is still not as complete as
you would like, fill in the rest of the interview with closed-ended questions. These are
questions designed to target specific information. Continue to watch and listen closely for
signs of truthful and/or deceptive verbal and non-verbal behavior.
5.
Verification
The verification stage allows the interviewer to go back over the information or statement
provided by the interviewee. It helps ensure mutual understanding and gives the
interviewer a chance to take notes or reduce the statement to writing. This can also be
used to enhance witness recall.
169
6.
Catch-All Question
This question gives the interviewer an opportunity to ask the question… “What have I
forgotten to ask?” or, “Is there anything that you have not told me?” This prohibits the
interviewee from purposely leaving out information that could be vital or damaging.
Many times during the course of an investigation, it becomes apparent that the
victims/witnesses/suspects have not been entirely forthcoming with complete information
for any number of reasons. This type of questioning does not allow them to respond by
saying “You didn’t ask me about that.”
7.
Departure
After all the hard work of the introduction and establishing good rapport, be sure to leave
a positive impression with the interviewee. Continued or subsequent investigation may
require that you re-interview that person. DO NOT burn your bridges with this person.
Advise them that, as additional information arises, you may need to re-contact them again
for additional information or to clear up any discrepancies.
8.
Critique
Always make notes on what techniques work and those that do not. Learn from your
mistakes. This is how practical experience will enhance your abilities in this art.
D.
COGNITIVE INTERVIEW PROCESS (Reid, 2008)
The cognitive interview process uses specific memory enhancing techniques designed to assist
the interviewee in the recalling of important details of a crime or incident. Investigators can
become frustrated with witnesses and victims when it initially appears that they are unable to
remember things that the investigator thinks that they should remember. The following
techniques are used by skilled investigators to remedy this problem:
1.
Reinstate the Context
This technique helps bring back thought surrounding the incident. Example: weather,
people, time of day, feelings, and the environment. Many times taking a witness/victim
back through their day, having them recall minute details of the day will help them recall
small details of an incident.
2.
Change the Sequence of Events
Go through the events in reverse order or middle to beginning and middle to end. This
technique helps identify deception. It is difficult to remember a lie more than once. It
becomes increasingly difficult to remember the lie more than once if it has to be told out
of sequence.
3.
Specific Questions
Save the specific questions for last. Use specific-questioning methods to stimulate the
witness/victim’s memory. This can be accomplished by asking questions about the
physical appearance of the suspect(s), any names used during the incident, speech
patterns or accents of the suspect(s), and the conversation with the suspect(s). You want
to have the witness/victim make comparisons of height and weight with you. Establish
their perspective on their descriptions. Ask the victim/witness if the suspect reminds them
of anyone famous or anyone else they know. In regard to vehicle descriptions, take into
account that generalized descriptions such as a “big” car could depend on their
170
perspective of what a “big” car was. The same thing applies to colors. Try to narrow
down descriptions such as “blue”…dark blue, medium blue, metallic blue. These
techniques sometimes require patience as the victim/witness may be under a great deal of
stress. Remember that the more successful you are at lowering the anxiety level of the
victim/witness, the more successful you will be at getting a more accurate and detailed
description and information.
E.
PROPER USE OF LINE-UPS (Hess, 1997)
Recently, eyewitness testimony has come under a great deal of scrutiny. There have been several
cases around the country where DNA evidence has exonerated convicted felons. In these cases,
eyewitness testimony was the bulk, if not the entire case, for the prosecution. It has come to light
that police conduct was less than competent in some of these cases and less than ethical in others.
There is a strong push from some defense attorneys to discount and discredit eyewitness
testimony altogether. Law enforcement must make every effort to conduct professional,
competent, and ethical investigations. Credibility of eyewitness testimony must not be
compromised.
The “photo line-up” is a frequently used tool in every type of investigation. Photographs are
displayed in a non-suggestive manner, usually in a file folder or placard and shown to any
victims/witnesses who may be able to positively identify the suspect(s). Photographs may be
pulled randomly from photo files or computer databases. Routinely, after a suspect has been
developed, a photo of the suspect and five other photos of similar looking subjects will be shown
to the victim/witness. Each photo is numbered and arranged uniformly to prevent any suggestion
of the suspect’s identity by virtue of the arrangement. The investigator should use caution as
he/she conducts the line-up, making sure that he/she does not give any verbal or non-verbal
indication of which photo corresponds with the suspect. The investigator should not give any
indication that the suspect’s photo is, in fact, included in the line-up at all. The ultimate issue
concerning photo line-ups, or any other type of line-up, is whether or not the identification is
reliable. It is the state’s burden to offer evidence that indicates that the identification was
reliable. Factors that are considered in this determination are the following:
1.
The opportunity of the witness to view the suspect at the time of the crime.
2.
The witness’s degree of attention to the events.
3.
The accuracy of the witness’s prior description of the suspect.
4.
The level of certainty demonstrated by the witness at the time the identification was
made.
5.
The time elapsed between the crime and the identification.
These factors apply to all types of line-ups, not just photo line-ups.
For years investigators have used a traditional six or eight person/photo simultaneous line-up.
Looking at six persons/photographs at one time has become an accepted standard/procedure by
law enforcement, attorneys, judges, courts and the public. The simultaneous line-up is a
traditionally accepted method utilized for years in judicial/court proceedings.
Officers may wish to consider the use of a sequential lineup. The sequential lineup method
presents photographs one at a time instead of all at once. In October 1999 the National Institute
of Justice released a publication entitled Eyewitness Evidence: A Guide for Law Enforcement.
The Guide was developed and approved by the Technical Working Group for Eyewitness
Evidence, a multidisciplinary group of experts from across the U.S. and Canada. The Guide
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offers sound, scientifically validated practices for the collection and preservation of eyewitness
evidence. Section Five (V) outlines procedural recommendations for the eyewitness
identification of suspects in support of sequential lineups. Many believe the sequential lineup to
be more accurate and less suggestive.
F.
MIRANDA WARNINGS (Constitutional Law)
“Even intelligent children and teenagers often do not fully understand their Miranda rights,
which can require a tenth grade level of comprehension. This reality has been reflected around
the country, as courts have been increasingly willing to throw out a child’s confession even after
they appear to validly waive their Miranda rights”. (The Office of Juvenile Justice and
Delinquency Prevention, 2012)
Miranda deals with a person’s Fifth Amendment right against self-incrimination. Miranda v.
Arizona was a United States Supreme Court case from 1966 where the Supreme Court held that
they were concerned about the admissibility of statements obtained from an individual who is
subjected to custodial police interrogation. Of equal concern to the Supreme Court Justices, was
the need to provide law enforcement officers with practical guidelines to insure an individual
being interrogated is afforded protection against self-incrimination. This case established that
two conditions must exist simultaneously before Miranda warnings need be given. These two
conditions are that the subject must be in custody and that he/she be interrogated while in
custody. What is meant by custody? Miranda applies when a suspect is to be interrogated after
he/she has been formally arrested or otherwise significantly restricted in his/her freedom of
movement. The Miranda safeguards come into play whenever a person in custody is subjected to
either express questioning or its functional equivalent (Rhode Island vs. Innis). “Practice that the
police should know is reasonably likely to invoke an incriminating response from a suspect thus
amounts to interrogation.”
An experienced and well-trained interviewer can use Miranda to help establish rapport with a
subject. Explain to the subject that you want to hear their side of the story, but first, you must
“read them their rights.” Explain to them that it is policy that, before they can be questioned, you
must explain their rights to them. To ensure that a juvenile’s statement is admissible in court,
officers should read each warning slowly, stopping to ask the child after each individual warning
to explain it back in his or her own words. Further officers should read juveniles simplified
Miranda warnings that require only a third-grade comprehension level. When appropriate, law
enforcement should also inform young suspects that speaking to the police may subject the child
to adult criminal consequences. Importantly, police should make sure that the child understands
the concept of “adult criminal consequences”, along with any other concept the child may not
grasp, before proceeding with questioning. (The Office of Juvenile Justice and Delinquency
Prevention, 2012)
Keep in mind that, if a subject invokes his/her right to remain silent only, they may be recontacted by police later on after a significant period of time (courts have determined that
2 hours is the appropriate time). Remember that if a subject invokes his/her right to
counsel, police must wait 14 days to attempt to interview/question the subject. The subject
must be read his/her Miranda rights every time that contact is reinitiated. Many police
agencies use standardized forms or cards to accomplish this task. It is highly recommended that
this procedure remain standard so that, if the case goes to trial, the officer can read straight from
the card or form and inform the jury exactly what was read or what rights were given to the
subject. Forms that allow the subject to initial and/or sign that they were, in fact, advised of their
rights and indicate whether or not they waived their rights, are recommended.
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G.
DEFINITION OF INTERROGATION (Reid, 2008/Walters, 2010)
Interrogation is a systematic method of obtaining information through questioning,
confrontation, and persuasion. It is accusatory by nature and design. The subject (suspect) is
believed to be guilty and he/she may or may not be under arrest.
Justice Byron White, in U.S. vs. Bruton, said that “The defendant’s own confession is probably
the most probative and damaging evidence that can be admitted against him.”
H.
THE INTERROGATION PROCESS (Reid, 2008/Walters, 2010)
The interrogation process consists of a series of steps designed to persuade the subject to confess
and/or make admission(s). The first step in this process is to convincingly accuse the subject of
his/her involvement in the offense. Show case facts and refer to real or implied evidence to
illustrate to the suspect the futility of resistance. Closely observe the suspect’s behavior and
reaction to the accusation. If the suspect tries to deny the crime, restate the accusation. If there
is no denial, this is a strong indicator of guilt.
The second step is to cut off denials by the suspect. Interrupt any additional denial attempts. The
more a suspect is allowed to verbalize a denial, the more he/she will start to believe the denial
him/herself. A deceptive or guilty subject’s denials will weaken. A truthful or innocent subject’s
denials will strengthen. Evaluate denials that get stronger.
The third step is to provide reasons for the subject to confess. Allow and assist the subject to
rationalize, project, and minimize (RPMs) his/her involvement. This should be done in a
monologue format. Give acceptable reasons for the subject to admit the truth. Remember that
patience, persistence, and tenacity are the keys to success.
The fourth step is re-directing protests. Protests are reasons for innocence provided by the
suspect. Usually, only guilty subjects will present these because denials have failed. Many times,
protests will have some factual basis and can, therefore, be defended comfortably by the suspect.
Do not try to refute them. Accept the protest and incorporate it into providing reasons for the
suspect to confess.
The fifth step is preventing mental withdrawal. Withdrawal is often a response to failure of
denials and protests. Move closer to the suspect and use his/her name. Do not allow the suspect
to focus on the consequence of confession or admission. Force the suspect to listen as you
continue to offer RPMs (rationalizations, projections, and minimizations). The appearance of
sincerity is vital at this point.
The sixth step is to watch for signs of receptivity. Obviously, most of these signs will be nonverbal. Look for barriers starting to diminish, head droops, tears beginning to appear, the body
leaning forward, the shoulders rolling forward, deep exhaling, and looking up at the ceiling.
The final step is to present a good and bad option. One option is acceptable and in keeping with
the reasons to confess. The other (bad) option is unacceptable and despicable in nature. Suggest
that the suspect’s actions were based on the good option rather than the bad. Ask the suspect to
confirm this suggestion. If confirmed, begin to elicit the confession. If denied, spend more time
developing the RPMs and other reasons to confess.
Once the suspect has given a confession or admission, or even a partial confession or admission,
be sure to document this in a written statement. If it becomes necessary to extract further
information or confession(s), begin the process again with a positive confrontation as you
convincingly accuse the suspect of committing the crime and allow him/her RPMs. Remember,
patience, persistence, and tenacity can make the difference in getting vital information or not.
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I.
BEST PRACTICES FOR JUVENILE INTERROGATIONS (The Office of Juvenile Justice and
Delinquency Prevention, 2012)
1.
Child Sensitive Behavior Analysis - Do not rely solely on the body language of children
and teens. Juveniles commonly slouch, avoid eye contact, and exhibit similar behaviors
regardless of whether they are telling the truth, particularly in the presence of authority
figures. Officers should not interpret these everyday teenage mannerisms as indicators of
deception. Rather officers should interrogate juveniles based on concrete evidence
such as witness statements and forensics.
2.
Presence of a Friendly Adult, Gallegos v. Colorado, 370 U.S. 49 (1962) - The U.S.
Supreme Court threw out the confession of a 14 year-old when it was obtained through
an on and off interrogation lasting five days. The court found that a teen “is unlikely to
have a conception of what will confront him [during and interrogation] or how to get the
benefits of his constitutional rights.” The court again suggested that only “adult advice”
could give the boy “the protection which his own immaturity could not.” Thus, it is
prudent, but not required, to involve a “friendly adult” in the juvenile interrogation
process and allow him or her to have meaningful opportunities to consult with the
juvenile throughout the interrogation. Examples of a friendly adult: parents, teacher or
school administrator.
3.
Length of Questioning - Juveniles can tolerate only about an hour of questioning before a
substantial break should occur. A juvenile interrogation should never last longer than four
hours. In fact, if a child or adolescent is questioned for a prolonged period of time, the
risk that any statement will be involuntary or unreliable increases substantially with each
passing hour.
4.
Time of Questioning - Officers should be wary of questioning juvenile suspects,
especially younger teens and children, in the middle of the night. Even a few hours of
sleep deprivation, combined with the stress of interrogation, can increase the risk of false
confession. Courts tend to disapprove of late night interrogations, particularly when
children are involved.
5.
Avoid Use of Deception - Currently; the use of deception during an interrogation, such as
a false claim that police possess evidence incriminating the suspect is permissible.
However, the changing nature of the legal landscape should make officers think twice
before using this technique. The use of deception also may cause an innocent juvenileeven one who initially had a clear recollection of not committing a crime, to mistrust his
memory, accept the “evidence” proves his guilt, and eventually confess to a crime he did
not commit. These types of confessions are known as coerced internalized confessions. In
such situations the pressure of deception driven interrogation can actually cause a
juvenile to believe that he must have committed the crime but suppressed all memories of
it.
6.
Avoid Promises of Leniency, U.S. v. Lall, 607 F.3d 1277 (11th Cir. 2010) - Many officers
are trained to indirectly suggest during interrogation that the suspect will avoid trouble or
get help if he confesses. A federal court threw out a young man’s confession as
involuntary when a state police officer indicated that he would not pursue charges if the
suspect confessed, but failed to explain that the federal government could still press
charges. The court called it “utterly unreasonable” to expect the subject to “parse the
officer’s words”.
a.
Avoid communicating that the suspect will avert or face reduced charges if he or
she confesses.
174
J.
b.
Stay away from unclear or technical language that could be interpreted by a
young person as a promise.
c.
Ensure that the suspect understands the consequences of confessing.
d.
Refrain from suggesting that you can help the suspect if he confesses.
JUVENILES (South Carolina DPS Policy)
In 2014, SCCJA was responsible for teaching officers from approximately 436 different
agencies. It would be impossible to instruct all students in the methods and rules they must
follow to abide by their agency’s policy & procedures. This section is based on how officers that
work for SC DPS must conduct their interrogations of juveniles. This is based upon SC DPS
policy & procedures. This is only to be used as an example of how an officer must follow
federal and state laws and their agency’s policy and procedures. While federal and state law will
be the same for the officers in this class, the policy & procedures will likely be different for most
officers. Therefore, officers must follow their agency’s policy & procedures when interviewing
juveniles.
Upon taking a juvenile offender into custody, an officer must ensure that the constitutional rights
of the juvenile are protected. Miranda warnings shall be given prior to custodial interrogation. A
statement of understanding should be signed by the juvenile in the presence of a witness.
When interviewing juveniles, S.C. case law does not require the presence of a parent or
responsible adult. However, if the officer concludes that it would be in the best interest of the
juvenile, or if the juvenile requests to speak to his/her parent, the officer must treat the request as
if the juvenile had requested an attorney.
The requirement that a SC DPS Officer treat a juvenile’s request to speak with a parent the same
as a 5th Amendment Right to Counsel only applies to SC DPS employees. This may not apply to
all of the officers in this class. Please review your agency’s policy & procedures to find the
appropriate rules that you must follow.
An explanation of the juvenile justice system shall be given to juveniles being interrogated. This
explanation may include, but is not limited to, the seriousness of the offense being investigated
and the possible consequences of having committed such an offense.
If the juvenile does not speak English, an interpreter should be contacted to assist in interviewing
and/or mirandizing the juvenile and to ensure the juvenile is aware of what is happening.
III.
SUMMARY
It is essential that the school resource officers be knowledgeable, productive, and successful in the “art”
of interview and interrogation. These are perishable skills that constantly need to be practiced and
honed. The investigator must learn to distinguish between the two processes. He/she must become
proficient at applying the concepts therein. Finally, he/she must be able to successfully interpret verbal
and non-verbal behavior. Once these skills are mastered, the successful extraction of information will
follow.
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INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO Interview & Interrogations
LESSON PLAN #:
I0296I
STATUS (New/Revised):
Revised Feb. 2015
1.
Hess, John E. Interviewing and Interrogation for Law Enforcement. Anderson Publishing Company,
1997.
2.
Reid, John E. & Associates. The Reid Technique of Interviewing and Interrogation®. 2008.
3.
Walters, Stan B. & Associates, Inc. Practical Kinesic Interview & Interrogation®. Public Agency
Training Council, 2010.
4.
Federal Law
5.
South Carolina Department of Public Safety Policy
6.
Reducing the Risk: An Executive Guide to Effective Juvenile Interview and Interrogation. (2012).The
Department of Justice Office of Justice Programs.
176
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Crime Prevention
Design
LESSON PLAN #:
Environmental I0296J
Through
TRAINING UNIT:
Police Science Unit
PRIMARY INSTRUCTOR:
Anthony Ayers
STATUS (New/Revised):
Revised-Feb. 2015
TIME ALLOCATION:
4 Hours
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
March 26, 2004
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To instruct School Resource Officers in Crime Prevention Through Environmental Design (CPTED) that can
be used to enhance the safety of their school and assist them in writing their Crisis Response Plans.
EVALUATION PROCEDURES:
100% Class Participation
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
LCD
Power Point
Laptop Computer
177
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Crime Prevention
Design
Through
LESSON PLAN #:
STATUS (New/Revised):
I0296J
Revised-Feb. 2015
Environmental
PERFORMANCE OBJECTIVES:
1.
Define crime prevention through environmental design.
2.
Identify crime prevention through environmental design concepts.
3.
Describe crime prevention through environmental design strategies.
4.
Identify how to organize your crime prevention through environmental design team.
5.
Identify how to implement crime prevention through environmental design in a school setting.
178
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Crime Prevention
Design
I.
Through
LESSON PLAN #:
STATUS (New/Revised):
I0296J
Revised-Feb. 2015
Environmental
INTRODUCTION
A.
INTRODUCE SELF
B.
PROVIDE A BREIF BIOGRAPHY
C.
IDENTIFY OBJECTIVES
D.
OPENING STATEMENT
Crime Prevention Through Environmental Design (CPTED) is not a new concept and has been
utilized in many states for over 30 years. Crime Prevention Through Environmental Design
(CPTED) can be a useful tool for identifying, preventing, and solving local crime problems. For
the purpose of this Lesson Plan we are going to utilize CPTED concepts to improve the safety
and security of schools.
II.
BODY
A.
DEFINE CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
Crime Prevention Through Environmental Design (CPTED) has been defined by the National
Crime Prevention Council (2006) as: “the proper design and effective use of the built
environment that can lead to the reduction in the fear and incidence of crime, and an
improvement in quality of life”.
B.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) CONCEPTS
1.
Core of CPTED
a.
Natural Surveillance
Natural surveillance is a design concept that utilizes features of the building to
increase the overall visibility of areas within the property. For example, the
placement of windows, lighting, and landscaping can increase the ability for
unwanted guests to be detected. If natural surveillance is utilized properly then it
will maximize the potential to deter crime by making the unwanted behavior more
noticeable to SROs, teachers, students and staff.
(1)
Organized – Guards
(2)
Mechanical – Locks
(3)
Natural – Spatial definition
(Crowe, 2000)
b.
Natural Access
Natural access control utilizes doors, shrubs, fences, and gates to deny access to
unwanted guests and to create a perception of risk for the unwanted guest,
179
therefore decreasing crime opportunities. This is a huge area of concern for SROs
because so many people have access to a school, and the campuses are usually
very open. (Crowe, 2000)
c.
(1)
Organized – Police patrol
(2)
Mechanical – Lighting
(3)
Natural – Windows
Territorial Reinforcement
Territorial reinforcement utilizes physical designs to distinguish between private
and public areas of space. The use of sidewalks, landscaping, fencing, and
porches can be employed to define these areas. SROs will find that most of your
schools have good physical designs, but are not reinforcing the use of the area
properly. (Crowe, 2000)
2.
3.
Users of Space
a.
Normal users – Preferred persons using the space
b.
Abnormal users – Undesired persons using the space
c.
Observers – Persons who need to be there to support the operation of the space
The Three D Approach to Assessment of Space
All space has a designated purpose. All space has social, cultural, legal, and/or physical
definitions that define the desired and acceptable behaviors. Space should be designed to
support and reinforce the acceptable behaviors. By utilizing the Three-Ds you can
determine the appropriateness of how space is designed and used.
a.
b.
Designation
(1)
What is the purpose of the space?
(2)
What was the space originally intended for?
(3)
How well does the space support its current use? Its intended use?
Definition
(1)
How is this space defined?
(2)
Is it clear who owns it?
(3)
Where are the borders?
(4)
Are there social and/or cultural definitions that affect how the space is
used?
(5)
Are there legal and/or administrative rules that clearly set out the use and
are reinforced in policy?
(6)
Is the area clearly marked with signs?
(7)
Is there any conflict or confusion over the designation?
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c.
Design
(1)
How well does the design support the intended use?
(2)
How well does the design support the desired or acceptable behaviors?
(3)
Does the design conflict with the productive or proper use and function of
the intended human activity?
(4)
Is there conflict or confusion in how the design was intended to control
behavior?
(Crowe, 2000, PP. 39-41)
C.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN STRATEGIES
1.
Define The Borders of Space
A reasonable person needs to be able to determine that they are transitioning from public
to private space. Border identification can be defined physically or symbolically. Define
outside space by using fences, shrubbery, and or signs; and define inside space by using
furniture, pictures, partitions, and paint schemes. (Crowe, 2000)
2.
a.
“No Trespassing Signs” and “Drug Free Zones” should be posted to clearly mark
the school grounds.
b.
Chain link or wrought iron fencing that defines borders and accommodates
Natural Surveillance.
c.
School parking lots should have gates or barriers at the entrance and exit to
control and restrict access at unauthorized times. School parking lots should also
be restricted to a limited number of controlled entrances and exits.
Clearly Mark Transition Zones
According to (Crowe, 2000), transitional zones need to be marked to let people know
they are moving from public to semi-public to semi-private to private space. By doing
so, an abnormal user is more likely to be recognized and questioned as to why they are in
an area they should not be in. This can also be defined (for inside) with the use of signs,
furniture, paint schemes, partitions, and plants; or (outside) shrubbery, sidewalks, patios,
parking spaces, and fences.
a.
Varying the texture or composition of vehicle driving surfaces at the school
property helps to identify transition zones from student to faculty parking.
b.
Landscaping such as a tree line and/or shrubbery can also be utilized for
transitions areas from break areas to parking lot, etc. When utilizing shrubbery
and/or trees the height is very important. Always keep shrubbery below 3 feet
and tree limbs above 7 feet. This will allow you to utilize both Natural
Surveillance as well as Transition Zones.
c.
Flooring differences can separate public hallway areas from private office space
areas by changing floor from tile to carpet.
d.
Art and designs on the wall also define space and transition zones. In the
hallways you want designs and murals that depict movement and in private office
space there may be portraits and actual pictures on the wall.
181
3.
Relocate Gathering Areas
According to Crowe (2000), all gathering areas should be located or relocated to areas
that allow for good natural surveillance and access control. This allows more people to
observe normal and abnormal users, as well as allows for the opportunity for people to
assist if a problem arises. In a school setting this would allow more adults to observe the
students as well as allow for a quick and safe response if something bad were to happen;
i.e., a fight.
4.
a.
The school office should be located at the main entrance to the building. Since, it
is difficult to move the office you may want to consider locking doors and only
allowing visitors and students to enter through doors located at and/or near the
main office. This allows for more restricted access and natural surveillance of
visitors.
b.
Only allow students to gather in large central common areas in the morning and
afternoon, this allows for both restricted access and surveillance. This can be
accomplished by keep hall and classroom doors closed in the morning and
afternoon to restrict access and keep the students in the common areas.
Move Safe Activities To Unsafe Space
Caution must be of the utmost concern when using this strategy; however this strategy
can be extremely beneficial in a school, public housing, and/or institutional situation.
Safe activities draw in your normal users and give the appearance to abnormal users that
they are unwelcome.
a.
If there is an area in the cafeteria that students are drawn to and fights break out
there; then set up a table there and students will now buy their lunch ticket at that
spot during the trouble times. This will draw your normal users who are not there
to start fights. If students are not there to buy meal tickets then they will stand a
greater chance to be called out by the normal users and the adult manning the
table.
b.
If you have open area under your stairways this is considered an unsafe space.
You can set up tables where meal tickets, fundraisers, yearbooks, and or tickets to
the games (football, baseball, etc…) can be sold during high traffic areas. This
allows you to move a safe activity to an unsafe place. This also keeps the students
from being able to loiter in the unsafe area and gives the normal users a sense of
safety.
(Crowe, 2000)
5.
Move Unsafe Activities To Safe Space
By positioning unsafe activities in safe areas that allows for more natural surveillance and
access control, it creates a safe and secure environment for the desired and normal users
of the area and participants in the activities.
a.
Moving the student parking lot, student break out areas and/or student activities
from isolated areas to a more visible area closer to the school. If you have a
student breakout area that is too close to the road and/or student parking lot,
students will be more inclined to cut school, smoke, use drugs on school property
and fight. Therefore, move these activities to a safe location on the school
campus.
182
b.
Student bus loading should not be located in the same parking lot as the student
and faculty parking. You increase the chances of someone being run over and
increase the risk of an accident. Have a separate bus loading area that can also
accommodate the loading and unloading of handicapped students.
(Crowe, 2000)
6.
Redesign Space To Establish Natural Barriers
Activities and/or areas can be separated by distance, natural terrain or by other activities
to create the perception of a safer environment for the desired or normal user. (Crowe,
2000)
7.
a.
When designing student and faculty parking do not create long straight lanes for
them to drive down. By utilizing sharp turns and staggering the parking spaces
you can create natural barriers that will reduce the amount of speeding and
accidents in the parking lot.
b.
If you have ball fields, students parking, and/or student gathering areas that are
located near a roadway, utilize hostile landscaping to separate the activity from
the road. Plants, trees, and bushes that are very thick and prickly would be
examples of hostile landscaping, and they are perfect for limiting access because
it is difficult to walk and or see through them.
Improve Scheduling Of Space
Try to reduce clutter and increase efficiency when scheduling space. It is human nature
for people to feel very uncomfortable in a crowded space; it also makes it easier for
abnormal users to blend in with the normal users because things are so crowded. Take a
look at the scheduling of space in your school, most schools do not allow for enough
hallway space because they have packed lockers into already crowded hallways. Better
scheduling of space allows for more natural surveillance and allows normal users to feel
more comfortable, thus making abnormal users stand out. (Crowe, 2000)
8.
a.
If you are having difficulty controlling the student population during lunch time
then stagger the lunch times to reduce the number of students in the hallway and
cafeteria during lunch time.
b.
If your school only has one parking lot for students, buses, staff and faculty then
stagger the arrival and dismissal time to reduce the possibility of an accident
occurring due to a high volume of traffic.
c.
If movement in the hallway is becoming too congested because the lockers are
located in the hallways, then the times that students are allowed to go to their
lockers could also be changed. Students may only be allowed to go to their
lockers at homeroom, lunch, and dismissal.
Redesign Space Or Improve The Perception Of Natural Surveillance
The perception of surveillance is more powerful than its reality. The perception of
surveillance can be increased by enhancing existing surveillance; i.e., making sure that
there are clear lines of sight down hallways, windows and doorways by removing any
obstructions.
183
a.
Moving the school parking lot closer to the school campus if the parking lot is
located in another area. This will increase the perception of natural surveillance
and overcome distance and isolation. If the parking lot cannot be moved then cut
down any trees and/or move anything that would obstruct the view of the parking
lot from the school. If that cannot be done then you may want to put up video
cameras in the parking lot.
b.
For high schools, it is recommended that employee and student parking be
intermixed to enhance the natural surveillance of adult supervision.
(Crowe, 2000)
9.
Overcome Distance And Isolation
Make sure that high-use areas are closer in and accessible. The location of restrooms and
entry/exit doors should not be located in remote areas, but in areas with a lot of natural
surveillance and easy access.
a.
Schools should not have a restroom located at the end of a remote hallway when
there is no natural surveillance and few desired users. Otherwise, this area will
become a high problem area for you.
b.
Many school administrators and teachers now carry portable radios that increase
the perception of natural surveillance and control. This allows teachers,
administrators, and the School Resource Officer to stay in contact at all times.
c.
Each classroom should have a telephone that allows the teacher to call directly to
the office, as well as outside phone line access for 911 in emergency situations.
(Crowe, 2000)
D.
ORGANIZING YOUR CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
TEAM
The team should consist of several people who are involved and/or represented in the
school/community. This team is very important because they set the frame work for possible
policy, zoning, and law/legal changes. This team will also conduct an audit to determine what
areas of the school are acceptable and what areas may be deficient, and make a determination as
to “how to fix the problem.” This team is very important because the School Resource Officer
alone cannot effectively complete this task. Therefore, you must solicit people who are
interested in the safety and security of your school. The variety of team members can help to
point out things that the SRO and/or Law Enforcement Agency may not have picked up on.
Some of the key players (and many of these people may already be involved in helping you
develop the school’s Crisis Response Plan as well) that you may want to have on your Crime
Prevention Through Environmental Design Team are:
1.
Principal
2.
Counselor
3.
Nurse
4.
Head custodian or campus foreman
5.
Office Secretary
6.
Vocational education teacher
184
7.
Chemistry teacher
8.
School security or law enforcement personnel
9.
School psychologist
10.
Social worker
11.
Special education teacher
12.
Transportation coordinator
13.
Cafeteria Manager Personnel with areas of expertise (i.e., CPR, first aid, etc.)
14.
School Teams may also consider community representatives such as:
a.
Police, Fire, Emergency Medical
b.
Social Service Agencies
c.
Mental Health
d.
Clergy
e.
Parents
(Kentucky Center for School Safety, n.d.)
E.
IMPLEMENTING CRIME PREVENTION THROUGH ENVIRONEMNTAL DESIGN IN A
SCHOOL SETTING
1.
PowerPoint Slides Of School Layouts And Class Discussion
Now that we understand the concepts and strategies of Crime Prevention Through
Environmental Design, let’s put it together and make it work for your school setting.
Utilizing the PowerPoint presentation, we are going to look at several different school
layouts and through classroom discussion determine what is working and what is not
working. We want to enhance each one of these schools to make them safer.
2.
Practical Exercise
Students will be asked to bring a layout and/or blue print of their school to this class for
the Crime Prevention Through Environmental Design (CPTED) Assessment. The
students will then be paired up into groups of four. Each group will be assigned only one
school layout and/or blue print to assess during this block of instruction. Each group is to
look over the lay out/blue print and determine what areas of the school is already
effectively using CPTED, and which areas of the school are not effectively using
CPTED. If the area is not effectively using CPTED then the group must decide how that
area of the school could be altered to better employ CPTED.
III.
SUMMARY
A.
REVIEW KEY POINTS
B.
QUESTION AND ANSWER
C.
CLOSING STATEMENT
185
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
LESSON PLAN #:
SRO/ Crime Prevention Through Environmental I0296J
Design
STATUS (New/Revised):
Revised Feb. 2015
1.
Definition for CPTED. http://www.ncpc.org/training/training-topics/crme-prevention-throughenviromental-design-cpted/basic-cpted-workshop-description
2.
Crowe, Timothy (2000). Crime Prevention Through Environmental Design. P. 36-41; PP. 187-196.
Fig. 8-72 thru 8-83
3.
Kentucky Center for School Safety. Forming the Emergency Response Team. (n.d.). Retrieved
August 2, 2011, from http://www.kysafeschools.org/emp/spl/FormingtheEmergencyRTeam.html
4.
Microsoft Clipart 2007
186
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Students with Disabilities
LESSON PLAN #:
I0296K
TRAINING UNIT:
Police Science
TIME ALLOCATION:
2 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
January 10, 2003
STATUS (New/Revised):
Revised-Feb. 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
The purpose of this lesson is to instruct School Resource Officers of the dynamics involved when dealing
with students who have disabilities.
EVALUATION PROCEDURES:
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Laptop
Projector
Handouts
Screen
187
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Students with Disabilities
LESSON PLAN #:
I0296K
STATUS (New/Revised):
Revised-Feb. 2015
PERFORMANCE OBJECTIVES:
1.
Identify the rights of students with disabilities under the Individuals with Disabilities Education Act
(IDEA).
2.
Identify the rights of students with disabilities under Section 504 of the Rehabilitation Act.
3.
Identify the rights of homeless students under the McKinney-Vento Homeless Assistance Act 42
U.S.C. 11431 et seq.
188
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Students with Disabilities
I.
LESSON PLAN #:
I0296K
STATUS (New/Revised):
Revised-Feb. 2015
INTRODUCTION
Students with disabilities are afforded numerous protections that are mandated by law. As a School
Resource Officer it is beneficial for you to know and understand these laws whenever dealing with
students who have disabilities. Students with disabilities are protected by two federal laws, the
Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
II.
BODY
A.
RIGHTS OF STUDENTS WITH DISABILITIES UNDER THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT (IDEA) OF 2004
1.
2.
Individuals with Disabilities Education Act (IDEA) of 2004
a.
Originally enacted in 1975 as the Education For All Handicapped Children Act.
b.
The law was enacted due to widespread exclusion of students with disabilities.
c.
The Individuals with Disabilities Education Act was rewritten in 1997, to require
school districts to find students with disabilities and offer them an appropriate
education through an Individualized Education Program (IEP).
d.
Rewritten again in 2004, effective July 1, 2005; the IDEA is now more in line
with the No Child Left Behind Act.
“In 1975, Congress found that fewer than half of all children with disabilities were
receiving an appropriate education or were being completely excluded from the public
school system. Therefore, the Individuals with Disabilities Education Act of 2004,
mandates the following:
a.
Child Find – Requires school districts to identify, locate, and evaluate all children
with disabilities including children who are home schooled, homeless, wards of
the State and children who attend private schools, and determine which children
are not receiving special education and related services. If a child has a disability
and is eligible for special education services, the school does not have to give the
child a “label” before providing services.
b.
Least Restrictive Environment Defined – Schools are required to educate children
with disabilities with children who are not disabled, “to the maximum extent
appropriate.” A child may only be removed from the regular educational setting if
the nature or severity of the disability is such that the child cannot be educated in
regular classes, even with the use of supplementary aids and services.
c.
Free Appropriate Public Education (FAPE) is special education and related
services that are provided at public expense, meet state standards, are appropriate,
and are provided in conformity with an IEP. (FAPE) must be available to children
with disabilities between the ages of 3 to 21; services can be terminated before 21
years of age if the student graduates high school with a diploma.”
(Wright, 2011, p. 20-23)
189
3.
Individualized Education Program (IEP)
a.
“A written statement for each child with a disability that is developed, reviewed,
and revised in accordance with this section and that includes:
(1)
(2)
A statement of the child’s present levels of academic achievement and
functional performance, including:
(a)
How the child’s disability affects the child’s involvement and
progress in general education curriculum;
(b)
For preschool children, how the disability affects the child’s
participation in appropriate activities; and
(c)
For children with disabilities who take alternate assessments
aligned to alternate achievement standards, a description of
benchmark or short-term objectives;
A statement of measurable annual goals, including academic and
functional goals, designed to:
(a)
Meet the child’s needs that result from the child’s disability to
enable the child to be involved in and make progress in general
education curriculum; and
(b)
Meet each of the child’s other educational needs that result from
the child’s disability;
(3)
A description of how the child’s progress toward meeting the annual goals
described in sub-clause II will be measured and when periodic reports on
the progress the child is making toward meeting the annual goals (such as
through the use of quarterly or other periodic reports, concurrent with the
issuance of report cards) will be provided;
(4)
A statement of the special education and related services and
supplementary aids and services, based on peer-reviewed research to the
extent practicable, to be provided to the child, or on behalf of the child,
and a statement of the program modifications or supports for school
personnel that will be provided for the child:
(a)
To advance appropriately toward attaining the annual goals;
(b)
To be involved in and make progress in the general education
curriculum in accordance with subclause I and participate in
extracurricular activities and other nonacademic activities; and
(c)
To be educated and participate with other children with disabilities
and non disabled children in the activities described in this
subparagraph;
(5)
An explanation of the extent, if any, to which the child will not participate
with nondisabled children in the regular class and in activities described in
sub-clause (IV)(cc);
(6)
(a)
A statement of any individual appropriate accommodations that are
necessary to measure the academic achievement and functional
190
performance of the child on State districtwide assessments
consistent with Section 612 (a)(16)(A); and
(b)
If the IEP Team determines that the child shall take an alternate
assessment on a particular State or districtwide assessment of
student achievement, a statement of why:
i.
The child cannot participate in the regular assessment; and
ii.
The particular alternate assessment selected is appropriate
for the child;
(7)
The projected date for the beginning of the services and modifications
described in subclause (IV), and the anticipated frequency, location, and
duration of those services and modifications; and
(8)
Beginning not later than the first IEP to be in effect when the child is 16
and updated annually thereafter:
(a)
Appropriate measurable postsecondary goals based upon age
appropriate transition assessments related to training, education,
employment, and where appropriate, independent living skills;
(b)
The transition services (including course of study) needed to assist
the child in reaching those goals; and
(c)
Beginning not later than 1 year before the child reaches the age of
majority under State law, a statement that the child has be
informed of the child’s rights under this title, if any, that will
transfer to the child on reaching the age of majority under section
1415(m).”
(Wright, 2011, pp.100-101)
b.
Definitions
(1)
Related services defined – “means services that are necessary for child to
benefit from special education; includes speech language pathology and
audiology services, psychological services, physical and occupational
therapy, recreation, early identification and assessment, counseling,
rehabilitation counseling, orientation and mobility services, school health
services, school nurse services, social work services, parent counseling
and training” (Wright, 2011, p. 430).
(2)
Transitional Services “means a coordinated set of activities for a child
with a disability that:
(a)
Is designed to be within a results-oriented process, that is focused
on improving the academic and functional achievement of the
child with a disability to facilitate the child’s movement from
school to post-school activities, including post-secondary
education, vocational education, integrated employment (including
supported employment), continuing and adult education, adult
services, independent living, or community participation;
191
(b)
Is based on the individual child’s needs, taking into account the
child’s strengths, preferences, and interests; and
(c)
includes instruction, related services, community experiences, the
development of employment and other post-school adult living
objectives, and, when appropriate, acquisition of daily living skills
and functional vocational evaluation.”
(Wright, 2011, p. 56)
c.
d.
An IEP team designs the Individualized Education Program.
includes the following people:
The IEP team
(1)
The parent of the child
(2)
Not less than 1 regular education teacher of such child (if the child is, or
may be, participating in the regular education environment).
(3)
Not less than 1 special education teacher, or where appropriate, not less
than 1 special education provider of such child
(4)
A representative of the school district
(5)
The child with the disability (whenever appropriate)
(6)
An individual who can interpret the instructional implications of
evaluation results
(7)
At the discretion of the parent or the school district, others who have
knowledge or special expertise regarding the child, including related
services personnel
Reevaluation of the student’s Individualized Education Program (IEP) – At least
once a year, the IEP team must review existing data on the child, based on this
review and input from the parents, identify what additional information is needed
to determine the following:
(1)
Any change in the child’s expected progress toward the annual goals and
in general education curriculum
(2)
Results of any reevaluations
(3)
Any new information about the child provided to or by the parent
(4)
Any anticipated needs for the child
(5)
Any other relevant matters and/or issues
(Wright, 2011)
4.
Placement
a.
Regular class (Itinerant) -- includes students who receive the majority of their
education program in a regular classroom and receive special education and
related services outside the regular classroom for less than 21 percent of the
school day. This is the least restrictive placement, where the students remain in
regular education.
192
b.
Resource room (Resource) -- includes students who receive special education and
related services outside of the regular classroom for at least 21 percent but no
more than 60 percent of the school day.
c.
Separate class (Self-Contained) -- includes students who receive special education
and related services outside the regular class for more than 60 percent of the
school day.
d.
Separate school (Specialized) -- includes students who receive special education
and related services in a public or private separate day school for students with
disabilities, at public expense, for more than 50 percent of the school day.
e.
Residential facility-- includes students who receive special education in a public
or private residential facility, at public expense, for more than 50 percent of the
school day.
f.
Homebound/hospital-- environment includes students placed in and receiving
special education in a hospital or homebound program.
(Office of Special Education Programs, 1996)
5.
Supplementary Aids and Services
Defined as “aids, services, and other supports that are provided in regular education
classes or other education-related settings to enable children with disabilities to be
educated with nondisabled children to the maximum extent appropriate” (Wright, 2011,
p. 55). Some examples include:
a.
One-on-One aide (Shadow)
b.
Special education training for regular teacher
c.
Ability to use computer-assisted devices
d.
Use of note-takers
e.
Special classroom accommodations (seating, oral exams, etc.)
(Wright, 2011)
6.
Discipline for students (IDEA) –
Suspension - Students with disabilities can be suspended for up to ten days, as any other
student. However, a suspension for more than ten days in one school year is considered a
change in placement. This includes Out of School Suspension (OSS) and bus suspension
(if the student does not come to school that day).
Manifestation Hearing - At the hearing they must determine if the disability impacted the
student’s ability to control his/her behavior and/or understand the consequences. At the
hearing, the IEP Team will make their determination based on the following:
a.
The act was caused by, or was in direct and substantial relationship to the child’s
disability
b.
The act was a direct result of the local educational agency’s failure to implement
the IEP
193
If it is determined that the conduct was a manifestation of the child’s disability, then the
IEP Team shall:
a.
Conduct a functional behavioral assessment and implement a behavioral
intervention for the child
b.
If a behavioral intervention plan had already been in place, then review of the
existing plan and modify as necessary to address the behavior
c.
The child will be returned to the placement from which he or she was removed
from, unless the parent and the local educational agency agree to a change of
placement as part of the modification of the behavioral intervention plan.
d.
If it is determined that the conduct was not a manifestation of the child’s
disability, then the child can be disciplined, but educational services must
continue.
(Wright, 2011)
7.
Special Circumstances - Interim Alternative Educational Setting (IAES)
a.
b.
School personnel may remove a student to an IAES for not more than 45 school
days without regard to whether the behavior is determined to be a manifestation
of the child’s disability, in the following cases:
(1)
Carrying or possessing a weapon to or at school, on school premise, or to a
school function.
(2)
Knowingly possessing or using illegal drugs, or sells or solicits the sale of
a controlled substance, while at school, on school premise, or at a school
function.
(3)
Inflicted serious bodily injury upon another person (student, teacher,
facility, etc.) while at school, on school premise, or at a school function.
Outcomes – The Interim Alternative Educational Setting must give the student an
opportunity to address the behavior that led to the placement; to participate in
regular curriculum, and to all Individualized Education Program (IEP) sanctioned
services.
(Wright, 2011)
8.
Students Not In Special Education - Students not previously identified who get suspended
or expelled may be protected under the procedural safeguards if the school had
knowledge that the student had a disability before the occurrence of the behavior leading
to the disciplinary action.
a.
The basis of knowledge – Local education agency does not have knowledge that a
child is a child with a disability if before the behavior that precipitated the
disciplinary action occurred-(1)
Parent expressed concern in writing to supervisory or administrative
personnel of the appropriate educational agency, or a teacher of the child
that the student is in need of special education and related services;
(2)
The parent of the child has requested an evaluation; or
194
(3)
The teacher of the child, or other school personnel, has expressed concern
about specific concerns about a pattern of behavior demonstrated by the
child, directly to the director of special education or other supervisory
personnel at their educational agency
b.
Exception – If the parent and/or guardian of the child has not allowed the child to
be evaluated in the past, has refused services in the past, and/or the child has been
previously evaluated and it was determined that the child had no disabilities.
c.
Evaluation – If an evaluation is conducted, during the period of disciplinary
action, the district must conduct an evaluation in an expedited manner. The
student will remain in alternate placement until the evaluation is complete.
(Wright, 2011)
9.
Police Involvement - The Individuals with Disabilities Education Act (IDEA) states that
school districts are not prohibited from reporting crimes committed by a child with
disabilities to law enforcement. School districts may not prevent law enforcement from
exercising their responsibilities. The district must provide police with copies of the
special education and disciplinary records of a child with disabilities whenever a crime is
being reported.
(Wright, 2011)
B.
RIGHTS OF STUDENTS WITH DISABILITIES UNDER SECTION 504 OF THE
REHABILITATION ACT
1.
2.
Section 504 of the Rehabilitation Act
a.
Applies to any person who has a physical or mental impairment that substantially
limits one or more major life activities. Major life activities include: caring for
one’s self, walking, seeing, hearing, speaking, breathing, working, and performing
manual tasks.
b.
A person is covered under Section 504 from birth until death.
c.
Section 504 applies to work places as well as to schools.
Individualized Accommodation Plan (IAP)
a.
A student covered only by Section 504 will not have an IEP, but an Individualized
Accommodation Plan. This plan lists the accommodations needed for the student
to attend school. Such as:
(1)
Readers
(2)
Videotext displays
(3)
Talking or Braille calculators
(4)
Telecommunication devices for deaf persons
(5)
Interpreters
(6)
Electronic Readers
195
b.
3.
Individualized Accommodation Plan Teams – The IAP team includes the
following people:
(1)
Psychologist
(2)
Nurse
(3)
Regular Education Teacher
(4)
Parent
(5)
Student
Discipline for Students Under Section 504 of the Rehabilitation Act
a.
Section 504 requires the same procedures for students with disabilities as IDEA
except; if a student’s misbehavior is not related to his/her disability, then the
school district can cease educational services.
b.
A disabled person who is engaged in the use or possession of alcohol or illegal
drugs is not protected under Section 504. Therefore, school districts may also take
disciplinary action against a disabled student who is engaged in the use of alcohol
or illegal drugs.
(Wright, 2011)
C.
McKINNEY-VENTO HOMELESS ASSISTANCE ACT
1.
The McKinney-Vento Homeless Assistance Act requires that all school districts ensure
that children whose families are homeless have access to school.
Each state shall ensure that each child of a homeless individual and each homeless youth
has equal access to the same free, appropriate public education, including a public
preschool, as provided to other children and youths… to ensure that homeless children
and youths are afforded the same free, appropriate public education as provided to other
children and youths. States are prohibited from segregating “…homeless children in
separate schools or separate programs within a school, based on the child’s status as
homeless.”
2.
Homeless children and youth means “ individuals who lack a fixed, regular, and adequate
nighttime residence… and included children and youth who are sharing housing of other
persons due to loss of housing, economic hardship… are living in motels, hotels, trailer
parks, or camping grounds… in emergency or transitional shelters; are abandoned in
hospitals; or are awaiting foster care placement… are living in cars, parks, public spaces,
abandoned buildings, substandard housing, bus or train stations, or similar settings; and
migratory children.
School districts shall make decisions in the best interest of the child. In determining the
best interest of the child, school shall;
a.
Keep a homeless child or youth in the school of origin except when doing so is
contrary to the wishes of the child’s parent or guardian.
b.
Provide a written explanation, including a statement regarding the right to appeal
to the parent or guardian if the school district sends a child to a school other that
the school of origin or a school requested by the parent or guardian.
196
c.
Ensure that the homeless liaison helps to make placement and enrollment
decisions for an unaccompanied youth.
(Wright, 2011)
III.
SUMMARY
A.
B.
REVIEW OBJECTIVES
1.
Identify the rights of students with disabilities under the Individuals with Disabilities
Education Act (IDEA).
2.
Identify the rights of students with disabilities under Section 504 of the Rehabilitation
Act.
3.
Identify the rights of homeless students under the McKinney-Vento Act Homeless
Assistance Act.
QUESTIONS AND ANSWERS
197
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Students With Disabilities
LESSON PLAN #:
I0296K
STATUS (New/Revised):
Revised Feb. 2015
1.
Wright, P. & Wright, P. (2011).Special Education Law 2nd Edition. Hartfield, VA: Harbor House Law
Press Inc.
2.
Office of Special Education Programs. (1996). Educational Placements for Students with
Disabilities. (Table 3.3).Washington D.C.: Department of Education.
3.
Microsoft ClipArt 2007
198
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Child Custody Issues
LESSON PLAN #:
I0296L
TRAINING UNIT:
Advanced Training
TIME ALLOCATION:
2 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
March 12, 2003
STATUS (New/Revised):
Revised-February 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
To educate law enforcement officers on the laws relating to child custody.
EVALUATION PROCEDURES:
100% Class Participation
Multiple Choice, Written Examination
70% Minimum Passing Standard
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Lesson Plan
PowerPoint
LCD Projector
199
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Child Custody Issues
LESSON PLAN #:
I0296L
STATUS (New/Revised):
Revised-February 2015
PERFORMANCE OBJECTIVES:
1.
Identify which parent is entitled to custody when the child is illegitimate pursuant to Section 63-1720(B).
2.
Recognize those situations in which it is appropriate for law enforcement to intervene in the child
custody disputes pursuant to Section 16-17-495.
3.
Recognize those situations in which law enforcement cannot legally intervene in a child custody
dispute.
4.
Identify the appropriate law enforcement response in specific scenarios involving child custody
disputes.
5.
Determine appropriate responses when a custody action is pending.
6.
Recognize the importance of working with intrastate agencies.
7.
Recognize the importance of working with interstate agencies.
200
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Child Custody Issues
I.
LESSON PLAN #:
I0296L
STATUS (New/Revised):
Revised-February 2015
INTRODUCTION
The law enforcement officer responding to domestic calls may often be in the position of dealing with
issues of child custody and visitation rights, as well as familial abductions. When the officer enters into
the world of child custody related issues, he or she has entered into an arena that is affected heavily by
both the criminal and civil laws of this state as well as this nation. It is crucial for officers to understand
when it is appropriate to intervene in these situations that are traditionally viewed as civil family
matters. In order to protect themselves as well as their agencies from costly litigation, officers need to be
familiar with not only the laws, but also the resources that are available to assist in the recovery of
children who have been abducted by family members.
This lesson plan is designed to give officers some guidance in dealing with these very delicate situations
that tend to escalate quickly and, at times, require more resources and manpower than many agencies
have available
II.
BODY
A.
SOUTH CAROLINA CODE OF LAWS, SECTION 63-17-20 (B)
“Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural
mother unless the mother has relinquished her rights to the child. If paternity has been
acknowledged or adjudicated, the father may petition the court for rights of visitation or custody
in a proceeding before the court apart from an action to establish paternity.”
1.
Illegitimate Children Belong To The Mother
While there are various reasons that we, as individuals, may take issue with the idea that
sole custody of illegitimate children lies with the mother, the laws of South Carolina have
made that decision for us. In fact, applying this statute should make the officer’s job
much easier in many situations.
This statute clearly states that, unless there is a court order in place that gives someone
other than the mother custody of the child(ren), the mother maintains exclusive rights of
custody. Additionally, the mother may choose to “relinquish her rights” of custody. To
do so would require a legal document. The mere fact that the mother has left her
child(ren) in the custody of a friend, relative, or the father, for a period of time, does not
act as a “relinquishment” of her rights.
You, as the officer on the scene, may believe that the child(ren) would be better off with
the father or perhaps even a third party. However, unless you have reason to believe that
there is an immediate and substantial threat of harm to the child(ren), you must enforce
the law and assist the mother in regaining physical custody of her child(ren).
2.
Determinations Of Paternity
Even if there has been a determination of paternity through a court order or scientific
tests, the father still has no rights to custody of the minor child(ren). In order to obtain
rights to custody or visitation, the father must file an action with the court. The mere fact
that the father is named on the child(ren)’s birth certificate, or that everyone believes or
201
knows him to be the father, does not change the fact that he has absolutely no rights to
physical custody of the child(ren) absent a court order.
3.
Appropriate Law Enforcement Response When Mother Appears To Be Unfit
Law enforcement officers must in some instances make a determination of the fitness of a
parent. There are many instances or circumstances that would make a parent “unfit” to
have a child under his/her control. The purpose of determining his/her fitness should not
be to pass judgment against a parent, but to assess whether the child would be best served
at this immediate moment if allowed to remain under the care of the parent in question.
A parent may be accused of being unfit because he/she lacks the necessary resources to
provide for the immediate needs of a child (i.e., food, clothing and medications). An
officer will need to determine whether this is a situation in which the parent is in need of
social assistance or the situation is the product of gross negligence from the parent in
question. Is this a temporary or permanent situation? It is highly recommended that
officers interview witnesses who can verify whether the condition is temporary,
continuous or isolated.
A parent may be unfit for an extended period of time or a short term. A parent who is a
habitual drug (prescription drugs apply) or alcohol abuser may be acting in a manner that
does not promote the well-being of the child. The officer must assess whether the longterm condition of the parent is the cause of the child being placed in immediate danger.
The parent may not be placing the child in immediate danger. There may be other persons
present who are not incapacitated and who are able to provide for the safety and security
of the child.
A parent may be under the influence of drugs or alcohol at the moment of contact with
law enforcement and acting in a manner that clearly could be considered grossly
negligent, thereby placing the child in immediate danger. Some examples are attempting
to operate a vehicle or heavy machinery while intoxicated with a child passenger; or
pointing, presenting or firing weapons in the presence of a child while intoxicated. In
these cases the correct answer would be to take the adult into custody. If there is no
interested party who can be allowed, with the mother’s consent, to care for the child, the
child must be taken into Emergency Protective Custody.
The officer must also consider any prior history of sexual, psychological or physical
abuse. If there is a demonstrable and articulable history of sexual, psychological or
physical abuse, law enforcement must investigate. There is the possibility that the child
remains in danger because the abusive parent remains in a position of authority and has
access to the child. There is also the possibility that the non-abusive parent is facilitating
the act, which would cause the child to be in danger from either party. If the offending
parent is removed, then the possibility exists that the child will not need to be taken into
Emergency Protective Custody. If the offending parent is the sole legal custodian and
does not allow or agree for an interested party (a relative or another custodian) to take
care and control of the child, it may become necessary to perform an Emergency
Protective Custody.
Complaints of child abuse to prove unfitness by one party should be taken into
consideration separately from child custody complaints. Child abuse has nothing to do
with child custody issues. It is a matter that must be investigated thoroughly and
objectively. (Cloud, Sheri 2008)
202
B.
SOUTH CAROLINA CODE OF LAWS, SECTION 16-17-495
1.
Elements Of Section 16-17-495(A)(1)
Section 16-17-495. Custodial interference.
When a court of competent jurisdiction in this State or another state has awarded custody
of a child under the age of sixteen years or when custody of a child under the age of
sixteen years is established pursuant to Section 63-17-20(B), it is unlawful for a person
with the intent to violate the court order or Section 63-17-20(B) to take or transport, or
cause to be taken or transported, the child from the legal custodian for the purpose of
concealing the child, or circumventing or avoiding the custody order or statute.
2.
Elements Of Section 16-17-495(A)(2)
“When a pleading has been filed and served seeking a determination of custody of a child
under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid
the custody proceeding to take or transport, or cause to be taken or transported, the child
for the purpose of concealing the child, or circumventing or avoiding the custody
proceeding. It is permissible to infer that a person keeping a child outside the limits of
this State for more than seventy-two hours without notice to a legal custodian intended to
violate this subsection.”
3.
Penalties, Section 16-17-495
a.
Felony Conviction, Section 16-17-495(B) and (D)
“A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon
conviction, must be fined in the discretion of the court or imprisoned not more
than five years, or both.”
“Notwithstanding the provisions of this section, if the taking or transporting of a
child in violation of subsections (A)(1) or (2), is by physical force or the threat of
physical force, the person is guilty of a felony and, upon conviction, must be fined
in the discretion of the court or imprisoned not more than ten years, or both.
b.
Misdemeanor Conviction, Section 16-17-495(C)
“If a person who violates subsection (A)(1) or (2) returns the child to the legal
custodian or to the jurisdiction of the court in which the custody petition was filed
within three days of the violation, the person is guilty of a misdemeanor and, upon
conviction, must be fined in the discretion of the court or imprisoned not more
than three years, or both.”
c.
Payment of Costs and Attorneys Fees, Section 16-17-495(E)
“A person who violates the provisions of this section may be required by the court
to pay necessary travel and other reasonable expenses including, but not limited
to, attorney’s fees incurred by the party entitled to the custody or by a witness or
law enforcement.”
203
C.
WHEN LAW ENFORCEMENT CANNOT INTERVENE
1.
Parties Are Married – No Court Order
If the parties are married and there is no court order regarding custody of the parties’
minor child(ren), law enforcement has no authority to make any decisions or demands
concerning the child(ren)’s temporary placement or custody.
Officers may, if they choose, attempt to mediate the situation between the parties at the
scene, but each parent has equal rights to the child(ren) in such a situation.
The parties involved will often make allegations of abuse or unfitness (i.e., drug use)
against the other party in an effort to sway the officer’s decision concerning temporary
custody of the child(ren). Do not allow yourself to be manipulated by such allegations.
Attempt to make an independent evaluation of the situation to determine if there is any
actual threat of immediate and substantial danger to the child(ren). If not, then the parties
must resolve the custody issue between them or take the matter to court. [One study
found that as many as 14% of allegations of sexual abuse made during domestic litigation
are intentionally false. (J. Bulkley, citing N. Theonnes, “Summary of Findings from the
Sexual Abuse Allegations Project” (Denver, CO: The Association of Family and
Conciliation Courts Research Unit), in Think Tank Report: Allegations of Sexual Abuse in
Child Custody and Visitation Situations (Huntsville, AL: The National Resource Center
of Child Sexual Abuse, 1989), 17.])
2.
Parties Are Separated or Divorced – Joint Legal Custody
When the parties involved are subject to a court order giving them “Joint Legal Custody”
it presents a problem with law enforcement being able to charge either party under
Section 16-17-495(A)(1), as neither party is capable of taking or concealing the minor
child(ren) from the “legal custodian.” Therefore, in such situations, officers are in
basically the same position as they would be had there been no court order.
In such situations law enforcement may certainly try to mediate the situation if called to
the scene, but no decisions concerning custody could be made by law enforcement in the
absence of the issue of danger to the child(ren).
3.
Parties Are Separated or Divorced – No Custody Order
This situation is really no different than the situation in which the parents are married
without a court order. Both parties have equal rights to the child(ren)’s custody. Again,
law enforcement is in the position of either mediating the situation, if possible, or, in the
event of actual threat of immediate and substantial danger to the child(ren), emergency
protective custody is an option if waiting on a court order is not feasible.
D.
LAW ENFORCEMENT RESPONSE IN CASE-SPECIFIC SITUATIONS
1.
Custodial Parent Refuses To Allow Court Ordered Visitation
This is a civil matter and the parties should be referred to family court for a possible
contempt action.
2.
Visiting Parent Refuses To Return Child To Custodial Parent
This scenario falls under SC Code Section 16-17-495. The non-custodial parent may be
charged with a misdemeanor or felony for willfully violating the court order.
204
3.
Custody Issues Between Parents With Joint Legal Custody
As the South Carolina statute dealing with criminal charges for concealing a child from
the custodial parent does not specifically address those situations in which the parents
have joint legal custody, it is advisable for law enforcement to avoid forcefully removing
the child from either parent, absent substantial and imminent danger to the minor child.
When asked to intervene in a custody dispute where the parties have joint legal custody,
the officer may attempt to assist the parties in an amicable temporary resolution of the
issues. Additionally, the officer should advise the aggrieved party to obtain the advice of
counsel and pursue an action in the family court.
If the child is abducted, then the officer should contact the federal authorities and consult
with the National Center for Missing and Exploited Children, and place the appropriate
information into NCIC immediately, pursuant to the National Child Search Assistance
Act of 1990 (42 USC Sections 5779 and 5780).
4.
Allegations Of Abuse Or Neglect
There will often be allegations of abuse, neglect, or drug/alcohol use by one parent
against the other. In a child custody dispute these allegations may be made in an effort to
convince you and/or the court that the other parent is unfit. When receiving such
allegations, law enforcement should consider the allegation and determine whether there
is probable cause for such allegations. If there is probable cause to believe the child is in
substantial and imminent danger, then the officer must determine whether it is necessary
to take the child into Emergency Protective Custody or to leave the child in the custody
of the other parent. The officer must take into consideration the status of the parties (i.e.,
illegitimate child, married parents, separated or divorced parents, terms of the custody
order) when deciding how to deal with the allegations. The best practice to follow is to
always write a report to document the allegations and forward a copy of it to your county
DSS Office. Remember that if there is no substantial and imminent danger, Emergency
Protective Custody is not appropriate.
E.
CUSTODY ACTION PENDING
Section 16-17-495(A)(2) provides for a criminal penalty when a person removes or conceals a
child for the purpose of circumventing or avoiding the determination of custody. Human nature
being what it is, individuals who are fearful of losing custody may be more likely to engage in
such conduct as the time for the hearing draws closer.
F.
WORKING WITH OTHER INTRASTATE AGENCIES
Unless the child and abductor information is entered into NCIC, it will be very difficult for other
agencies to assist you in locating missing children. Once a child is entered into the NCIC, SLED
will be flagged and will contact your agency. SLED has many resources, such as bloodhounds,
which may be useful in locating a missing child. The Federal Bureau of Investigation, as well as
the National Center for Missing and Exploited Children, will also contact your agency to offer
assistance in the recovery of missing children.
If it is determined that the child has been abducted and is at risk of serious bodily harm or death,
then an AMBER Alert can be issued by SLED. For an AMBER Alert to be issued, your agency
needs to request that SLED activate the SC AMBER Alert.
205
1.
The SC AMBER Alert may be activated as soon as an abduction is reported, and the
investigation reveals all of the following:
a.
The law enforcement agency believes that the child has been abducted: taken
from their environment unlawfully, without authority of law, and without
permission from the child's parent or legal guardian.
b.
The child is 17 years old or younger, and the law enforcement agency believes the
child is in immediate danger of serious bodily harm or death; or if the individual
is 18 years old or older, and the law enforcement agency believes the individual is
at greater risk for immediate danger of serious bodily harm or death because the
individual possesses a proven physical or mental disability.
c.
All other possibilities for the victim's disappearance have been reasonably
excluded.
d.
There is sufficient information available to disseminate to the public that could
assist in locating the victim, suspect, or vehicle used in the abduction.
e.
The child's name and other critical data have been entered into NCIC.
IMPORTANT: If you respond NO to ANY of the above statements, it does not meet the
U.S. Department of Justice recommended criteria for activation of the AMBER Alert.
2.
G.
How to Activate the South Carolina AMBER Alert:
a.
When the chief, sheriff, or designee determines that the case meets all of the
criteria for activation of the South Carolina AMBER Alert plan, call SLED
Headquarters at (803) 896-7133.
b.
Fax or email the completed South Carolina AMBER Alert Information Form (see
forms on SLED website) and a photograph of the victim(s) and suspect(s) to (803)
896-7595.
WORKING WITH INTERSTATE AGENCIES
It is certainly challenging to deal with interstate custody matters. Fortunately there is an agency
that specializes in these difficult cases, The National Center for Missing and Exploited Children.
When you have a situation that involves a violation of the law and the child has been moved
across state lines, it is very important that authorities of the jurisdiction in which you believe the
child to be are notified personally of the situation.
The child’s information (name, age, date of birth, social security #, and physical description)
should be placed in NCIC. The child should be entered as either “Missing/Exploited” or
“Missing/Endangered.” This will alert both federal and state agencies to the gravity of the
situation. It will also avoid the unfortunate error of an officer allowing a “missing” child to slip
away due to the fact that the child is in fact with one of their parents.
The assistance that can be provided by this agency is truly amazing. They have created a
database that includes information on the missing child, the abductor, possible sightings, possible
leads and contacts during the pendency of the case. Their success rate includes closure of one
out of every six cases. They have the resources to provide manpower, technology and
networking assistance. Every agency should have a protocol/procedure in place to deal with such
a situation and the NCMEC should be included in that protocol.
206
III.
SUMMARY
Without a doubt, child custody disputes and allegations of abuse and/or neglect can be some of the most
difficult and stressful situations to which law enforcement must respond. It is important for the
responding officer to avoid becoming emotionally involved in the situation. Often, discussing the
situation with another officer or a supervisor will be helpful in ensuring that you are evaluating the
situation objectively and taking only those actions for which you are authorized by law. The good news
is that by handling these cases properly, you can often play a major role in providing stability and a safer
environment for a child who is, no doubt, caught in the middle of hostile parents.
207
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Child Custody Issues
LESSON PLAN #:
I0296L
STATUS (New/Revised):
Revised-February 2015
1.
Buckley, J. & Theonnes N. (1989). Summary of Findings from the Sexual Abuse Allegations Project:
The Association of Family and Conciliation Courts Research Unit), in Think Tank Report:
Allegations of Sexual Abuse in Child Custody and Visitation Situations p. 17.
2.
South Carolina Code of Laws. Jurisdiction. Section 63-17-20 (2010)
3.
South Carolina Code of Laws. Custodial Interference. Section 16-17-495
4.
42 USC 5779 - Sec 5779 Reporting Requirement. http://us-code.vlex.com/vid/sec-reportingrequirement19248188?ix_resultado=2.0&query%5Bbuscable_id%5D=US&query%5Bbuscable_type%5D=Pais&
que r y%5Btextolibre%5D=42+USC+5779
5.
42 USC 5780 – Sec. 5780 State Requirement. http://us-code.vlex.com/vid/sec-state-requirements19248184
6.
South Carolina Law Enforcement Division Amber Alert.
http://www.sled.sc.gov/ActivationProcess.aspx?
7.
Personal Knowledge from S.C.C.J.A. Instructor Sherri Cloud
8.
Personal Knowledge from S.C.C.J.A. Instructor Anthony Ayers
9.
Microsoft Clipart 2007
208
Retrieved February 5, 2015, from
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Crisis Response
LESSON PLAN #:
I0296M
TRAINING UNIT:
Police Science
TIME ALLOCATION:
4 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
June 11, 2003
STATUS (New/Revised):
Revised – Feb. 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
The student will be able to understand the importance of having and implementing a crisis response manual
with their school.
EVALUATION PROCEDURES:
100% Class Participation
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Laptop
Projector
Handouts
Markers
Screen
Tape
Paper
209
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Crisis Response
LESSON PLAN #:
I0296M
PERFORMANCE OBJECTIVES:
1.
Identify crisis response situations that can occur in a school.
2.
Discuss the importance of mitigation and prevention of a critical incident.
3.
Explain the lockdown and evacuation procedures for a school.
4.
Identify ways to implement the crisis response manual.
5.
Identify the recommended items for the crisis response kit.
210
STATUS (New/Revised):
Revised – Feb. 2015
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Crisis Response
I.
LESSON PLAN #:
I0296M
STATUS (New/Revised):
Revised – Feb. 2015
INTRODUCTION
School violence and the prevention of such violence, has in recent years overshadowed the concept of
school being a safe haven for education. In the 1990s there were approximately 46 school shooting
incidents. In the 2000s there were approximately 50 school shooting incidents. In the 2010s there have
been approximately 106 school shooting incidents as of February 2015. As if preparing for natural
disasters were not enough, school districts, law enforcement and the community must now heighten their
approach towards school safety. A well prepared crisis response plan is the first step in protecting our
nation’s schools and saving countless lives when a crisis occurs.
II.
BODY
A.
B.
IDENTIFY CRISIS RESPONSE SITUATIONS THAT CAN OCCUR IN A SCHOOL
1.
Put students in groups of five.
2.
Pass out paper and markers.
3.
Have groups write down different violent situations that can occur in a school setting.
4.
Give students 20 minutes to finish activity.
5.
Have one student from each group report on their responses.
6.
Tape responses to the wall.
THE IMPORTANCE OF MITIGATION AND PREVENTION OF A CRISIS SITUATION
1.
The goal of Mitigation is to reduce the need for response as opposed to simply increasing
response capabilities. (Department of Education, 2007)
This concept applies to the pre-planning stage of a crisis situation.
2.
a.
Meet with school officials, local Fire, and Ems to identify potential hazards and
implement a M.O.U.
b.
Identify architectural safety concerns (buildings, hallways, windows etc.).
c.
Designate staff responsibilities for the crisis team. (alternate members)
d.
Review previous incidents and the response to those incidents. (Was the response
adequate? Can it be improved?)
e.
Examine how new incidents may impact the school.
Construct critical incident response kits:
a.
Appoint staff person to be responsible for kit.
b.
Identify two additional persons if primary person is not available.
211
3.
4.
Material for critical incident response kits:
a.
Have a backup kit.
b.
Gather and put information in both kits.
c.
Complete the critical incident response kit checklist.
d.
Red and green communication cards.
Method
a.
b.
5.
Location of incident response kit
(1)
Place both kits in readily accessible areas.
(2)
Do not put the kits in the same location.
Lockdown procedures
(1)
Cut, laminate and distribute the response checklist.
(2)
Establish verbal code for lockdown procedure.
The goal of Prevention is to evaluate previous incidents and implement safety measures
to reduce their reoccurrence.
Analyze previous crime trends in the school.
a.
Where are they occurring?
b.
What can be done to prevent them from occurring?
Example:
In review of the 2010-2011 school year, you observe that larcenies from the gym
locker room were up. As a preventative measure you discuss the matter with your
school administrators and propose attendance be taken outside the locker room.
Once attendance has been taken the teacher can walk through and secure the
locker room until the end of class.
(U.S. Department of Education, 2007)
C.
EXPLAIN THE LOCKDOWN AND EVACUATION PROCEDURES FOR A SCHOOL
1.
Lockdown Procedures for the Principals
a.
What stage is the crisis in?
(1)
Pre-crisis
(2)
Active crisis
b.
Dial 911
c.
Location of incident
d.
Type of incident
e.
Number of injured
212
2.
3.
f.
Locations of injured
g.
Description of intruders and weapons
h.
Whether or not there is an onsite law enforcement or security
i.
Notify all personnel of schoolwide lockdown using verbal code.
j.
Secure the office and retrieve the kit.
k.
Notify the superintendent’s office.
l.
Turn the school bell off.
m.
Check classroom status and make notes.
n.
Meet and assist law enforcement officials.
Lockdown Procedures for the Teachers
a.
Immediately clear students from the hallway.
b.
Close and lock all windows and doors.
c.
Move students away from the windows and doors.
d.
Account for students.
e.
Turn off lights.
f.
Use red and green cards to communicate with law enforcement officials and
emergency responders.
Lockdown Procedures For Law Enforcement
a.
Rapid Deployment
b.
Setup Incident Command
c.
Review Incident Command System
d.
Develop a Unified Command (School, fire, EMS, etc.)
e.
Assemble Contact and Rescue Teams
f.
Support Teams (Victim’s assistance, counselor etc.)
g.
Establish Perimeter
h.
Command Post
i.
Set up staging areas
(1)
Police (Negotiators, swat, etc.)
(2)
Fire
(3)
Ems
(4)
Triage area
213
(5)
Media Area
(Personal Knowledge of Anthony Ayers)
4.
Evacuation And Relocation Procedures
a.
Develop an Evacuation Plan and place location in the kits.
b.
Identify safe Rally Points.
c.
Develop a Transportation Plan.
d.
Establish a Relocation Site.
e.
Set up phone bank system.
(U.S. Department of Education, 2007)
5.
Recovery
a.
Strive to return to a learning environment as soon as possible.
b.
Conduct debriefings with staff and first responders.
c.
Establish post trauma evaluations and follow-up intervention programs for first
responders, staff and students.
d.
Evaluate the crisis response manual. (What did we learn?)
(U.S. Department of Education, 2007)
D.
WAYS TO IMPLEMENT THE CRISIS RESPONSE MANUAL
1.
2.
Planning Teams
a.
System level crisis planning committee
b.
School centered critical incident response team
c.
Incident command system
Memorandum of Understanding
a.
Practice the plan
b.
Staff education
c.
Exercises
d.
Tabletop exercises
e.
Lockdown drill
f.
Functional exercises
g.
Full scale exercises
(U.S. Department of Education, 2007)
214
3.
E.
Ways of Delivery
a.
Written manual
b.
Video
c.
CD ROM
THE RECOMMENDED ITEMS FOR THE CRISIS RESPONSE KIT
1.
Floor plans of the school
2.
Maps of the outside and surrounding areas of the school
3.
Blueprints of the school
4.
Aerial photos of the school
5.
Evacuation plans with routes and rally points
6.
Placards with directional words
7.
Procedures to cut off
a.
Fire alarm
b.
Utilities
c.
Sprinkler
d.
Cable television
8.
Keys and /or codes
9.
Master schedule
10.
Current day roster
11.
Faculty and staff roster
12.
Bus route and roster
13.
Sample letters notifying students and parents of incident
14.
Student release forms
15.
Contact list
16.
Basic supplies
a.
Pens and pencils
b.
Notepads
c.
Tape
d.
Flashlight
e.
Batteries
215
f.
Name tags
g.
Paper Towels
h.
Laptop/tablet computers
(U.S. Department of Education, 2007)
III.
SUMMARY
Creating a critical response plan requires planning and preparation on all parties involved. School
administrators and law enforcement officers should be aware of everyone’s role and responsibilities and
be able to take charge at a moment’s notice. Crisis planning involves hard work and there is no shortcut.
Each school needs to do their homework and spend time in crisis planning. The best time to create a
crisis response manual is now---not in the middle of a crisis.
216
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Crisis Response
LESSON PLAN #:
I0296M
STATUS (New/Revised):
Revised – Feb. 2015
1.
U.S. Department of Education. (2007). Complete Crisis Planning Guide for Schools and
Communities.
Jessup,
MD:
Department
of
Education.
http://www2.ed.gov/admins/lead/safety/crisisplanning.html
2.
Wikipedia
List
of
School
Shootings.
Retrieved
February
http://en.wikipedia.org/wiki/List_of_school_shootings_in_the_United_States
3.
Personal Knowledge of S.C.C.J.A. Instructor Anthony Ayers
4.
Microsoft clipart 2007
217
5,
2015
from
218
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Active Shooter
LESSON PLAN #:
I0296N
TRAINING UNIT:
Police Science
TIME ALLOCATION:
7 Hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
June 01, 2007
STATUS (New/Revised):
Revised-February-2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
This course of instruction is designed to provide School Resource Officers with a basic understanding of the
psychology of individuals who perpetrate active and aggressive shooter situations, address instances in which
officers or others may be able to intercede and prevent an active shooter situation, as well as preparation for
officers who may respond to those types of incidents.
EVALUATION PROCEDURES:
Instructor approval based on officers/students participation in Lab Exercises/Problem Based Learning and
demonstration/implementation of performance objectives as discussed in class.
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
Power Point LCD
Laptop
Video
Practical Range
219
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Active Shooter
LESSON PLAN #:
I0296N
PERFORMANCE OBJECTIVES:
1.
Define active shooter
2.
Discuss active shooter history overview
3.
Identify 4 levels of attacks
4.
Identify hostage barricade and active shooter responses
5.
Discuss concepts and principles of team movement
6.
Introduce communication techniques.
7.
Identify shooting and moving techniques
8.
Demonstrate threshold evaluation
9.
Setting up for room entries
10.
Identify post engagement priorities
11.
Discuss improvised explosion devices and active shooter
12.
Identify rapid response gear for active shooter situations
13.
Discuss crossing open terrain as a team
14.
Demonstrate team movements on stairs
220
STATUS (New/Revised):
Revised-February-2015
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Active Shooter
I.
LESSON PLAN #:
I0296N
STATUS (New/Revised):
Revised-February-2015
INTRODUCTION
Since the Columbine High School active shooter incident of 1994, response to active shooter incidents
have changed dramatically, no longer are we setting up a perimeter and awaiting a SWAT team to go in
and neutralize the threat. Law enforcement agencies around the country are training their officers in the
use of paramilitary tactics that call for an immediate response by first responding officers. These tactics
demonstrate the need for rapid response to locate and neutralize the threat while decreasing the amount
of harm to others. Officers should also realize that in every school related active shooter incident there
have been pre-attack indicators. Officers should become aware of these indicators as well as the
different stages a potential active shooter goes through in an effort to deter these types of situations from
occurring.
II.
BODY
A.
DEFINITON OF ACTIVE SHOOTER
The National Tactical Officers Association (NTOA, 2014) defines active shooter as “one or more
subjects who participate in a random or systematic shooting spree, demonstrating their intent to
continuously harm others. An active shooter’s overriding objective appears to be that of mass
murder, rather than criminal conduct such as robbery, kidnapping, etc.” The definition of active
shooter includes any assault with a deadly weapon capable of causing mass homicide.
B.
ACTIVE SHOOTER HISTORY OVERVIEW
1.
Bath School Massacre, May 18, 1927, Bath Township, Michigan. Andrew Kehoe
detonated a bomb that killed 38 elementary school children and six adults in total, and
injured at least 58 other people.. Kehoe first killed his wife, fire-bombed his farm and set
off a major explosion in the Bath Consolidated School, before committing suicide by
detonating a final explosion in his truck. It is the deadliest mass murder in a school in
United States history. (Peters, 2012)
2.
University of Texas, August 1, 1966, Austin, Texas. Charles Whitman shoots and kills
15 people (including an unborn child), wounds 32 others with a high powered rifle from
the top of the clock tower on the campus of The University of Texas, Austin. Incident
resolved by two uniform patrol officers who were able to gain entry into the tower and
shoot and kill Whitman. (Kolchak, 2006)
3.
Columbine High School, April 20th, 1999, Littleton, Colorado. Eric Harris and Dylan
Klebold shoot and kill 13 people and wound dozens of others. Both suspects committed
suicide. (Rosenberg, n.d.)
4.
Virginia Tech, April 16th, 2007, Blacksburg, Virginia. Seung-Hui Cho shoots and kills
two students and leaves campus. Returns approximately two hours later and shoots and
kills 33 people. Cho wounds several other students and teachers. Suspect commits
suicide. (Hauser & O’Connor, 2007)
5.
Sandy Hook Elementary School, December 14th, 2012, Newtown, Connecticut. Adam
Lanza fatally shot twenty children and six adult staff members. As first responders
arrived, he committed suicide by shooting himself in the head. (CBC News, 2012)
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C.
WHEN TERROR RETURNS/4 LEVELS OF TERROR ASSAULTS
In his book, “When Terror Returns,” John Giduck explains the four types of Strategic-Level
Terror Attacks. Strategic level terror attacks, as prepared, planned, trained, and executed by
terrorists through recent decades—and the current jihadists in particular—are easily understood
as grouped into four types: Decimation Assaults, Mass-Hostage Sieges, Hybrid or Synergistic
Attacks, and Symphonic Attacks. Of the four, only one does not involve the taking of hostages,
or the likely taking of hostages, to any degree. The following is an overview of these attacks.
1.
Decimation Assault
Decimation Assaults are the most commonly employed, and also encompass the greatest
number of terror strikes. The elements of this method of attack are simply delivering the
weapon to its target and activating it. This would include the Active Shooter. In this type
of attack, the shooter is the weapon, self-activated upon delivery on target. It is an attack
that has occurred in various countries around the world and sometimes with devastating
effects. Decimation Assaults would also include numerous other type of attacks: suicide
bombers, chemical attacks, biological weapon dispersal, cyber-attacks (usually a
computer virus), and radiological or dirty bombs.
2.
Mass-Hostage Siege
The Mass-Hostage Siege offers other, and in many ways, superior benefits. As with the
prior method—and as must be anticipated in all future attacks of this type—in the end the
terrorists will seek to murder a large number of people. Yet if they are ultimately going to
kill masses of innocent people, they enjoy an exponential increase in the terror impact if
they first take and hold the victims as hostages for days, with all of the attendant media
focus. Terrorists have most recently learned that when they take and hold children, they
effectively hold an entire nation hostage through the use of 24 hour media coverage.
Thus, hostage sieges, in their various forms, rank high among all available terror attack
methods. There are five characteristics of an attack team in a Mass-Hostage Siege:
3.
a.
They must be able to assault a building quickly.
b.
They must be able to control an exponentially greater number of hostages relative
to the team.
c.
They must be able to fortify their position.
d.
They must be able to fend off a government assault.
e.
They ultimately must execute the hostages in the greatest numbers.
Hybrid or Synergistic Attack
Applying some elements of both early attack methods, the first Hybrid or Synergistic
Attacks were actually executed on 9/11. With this, the overall attack approach is that of a
Decimation Assault, where they must deliver the weapon on target. However, due to the
nature of the weapon—a mass transportation mode—the terrorist team must control an
exponentially greater number of hostages.
4.
Symphonic Attacks
This is the most recent, and potentially the greatest future, strategic level threat the
terrorist community has used. In Symphonic Attacks, multiple targets are struck
simultaneously—or nearly so—with different and varying attack methodologies
individually selected for, and matched to, each target. This results in responding forces
being confronted with numerous targets undergoing different crises. This demands the
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filtering of countless reports from a terrified citizenry, requires the ability to quickly
assess the true state of affairs, and determines what response tactics to employ for each.
This is an overwhelming task for us as first responders. Many experts believe that we are
nowhere ready to face and adequately deal with such an assault.
D.
HOSTAGE BARRICADE/ACTIVE SHOOTER
1.
Hostage Barricade- A hostage crisis develops when one or more terrorist(s) or criminals
hold people against their own will and try to hold off authorities by force, threatening to
kill the hostages if provoked or attacked.
a.
b.
c.
Contain
(1)
Containment of a hostage barricade scene is critical. First responders
should remember that most hostage situations are not planned events.
(2)
First Responders should position themselves with a good view of the crisis
site and clear fields of fire should they have to engage or challenge a
fleeing suspect.
(3)
First Responders should, as soon as practical, ensure that there are two
first responders in each containment position (cover/contact).
(4)
Hostage situations are very dynamic in nature, especially during the early
phases of the operation. First responders must constantly assess the
situation as intelligence is gathered about the actor, weapons capabilities,
victims, and the structure itself.
(5)
First responders should make sure that others know their exact location.
Control
(1)
First and foremost the first responder must control themselves.
(2)
Control of the scene requires that first responders contain or cordon off the
crisis site. This will include removing innocent third parties from inside
the affected area of operation.
(3)
If it is determined that the hostage barricade is a preplanned event, great
care must be taken to control the outer perimeter.
(4)
First responders should assume that counter-intelligence personnel will be
outside the crisis site watching and sending information inside.
(5)
Establish a family reunification site separated from the press and general
public.
Communicate
(1)
Communication is the key to any successful tactical operation.
(2)
Communication should be established between officers on scene and with
witnesses who have information about the suspects, weapons, hostages,
structure, etc.
(3)
First responders must also be prepared to communicate with the suspect if
they attempt to communicate.
(4)
First responders must be familiar with basic field negotiation skills to
ensure the safety of hostages.
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d.
(5)
If a hostage taker attempts to communicate with first responder’s prior to
the arrival of formally trained negotiators, first responders should
communicate. Failure to communicate with a desperate hostage taker
could escalate the situation.
(6)
First responders should gather as much intelligence as possible about the
suspects, the number and condition of hostages, the hostage taker’s state
of mind, etc.
(7)
Do not get caught in a lie and never promise anything that you are not
100% sure you can deliver.
Call SWAT
First Responders should, as soon as practical, contact a tactical team who has
been trained in dealing with a hostage barricade situation.
e.
2.
Create a Plan
(1)
First responders who find themselves at the scene of a hostage barricade
should, as soon as practical, formulate an immediate action plan.
(2)
Immediate action plans should include responses for the following
occurrences.
(a)
Active shooter - If the hostage taker starts killing innocent
hostages, responders should have a plan to enter, close distance
and neutralize the threat.
(b)
Hostage taker surrenders - Identify an arrest team to move in and
make the arrest without personnel on the perimeter shifting focus
off their area of responsibility.
(c)
Release of hostages - The arrest team may be designated to recover
released hostages. Hostages should be moved to a secure area for
debriefing.
(d)
Conduct that requires immediate response - Plan a response if the
hostage taker starts to sexually assault hostages, starts a
countdown, etc.
Active Shooter- Unlike the hostage barricade, the active shooter is normally a planned
event with the goal of killing as many innocent people as possible.
a.
Contact Team Principles
Optimally, four to five responders form a single contact team on scene.
Realistically, the first contact teams to enter into the structure and address an
active shooter will consist of two, possibly three, first responders. A single officer
entering the active shooter scene must understand the inherent risk assumed in
taking this action. Although this should not be the typical response, first
responders should be empowered to make the decision based on the information
available at the time.
b.
Bypass Wounded
Contact teams should identify and communicate to follow-up responders the
location of victims needing medical attention. If time allows, the contact team can
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conduct a quick casualty assessment (airway, breathing, circulation) if there is no
driving force, gunfire, or intelligence indicating where the shooter is located. The
scene will eventually turn into a crime scene and there is no need to direct vital
lifesaving resources to body recovery.
c.
Direct Victims to Safety
First responders should try to give accurate information to those trying to escape
the scene. If the gunman is in an elevated position in a multi-story building, first
responders might not want to send victims outside into a possible kill zone. It
might be more effective to have them barricade themselves inside the structure
with orders to not allow anyone else inside unless they can positively identify
themselves as friendly. First responders can ask victims actionable intelligence
information including suspect description, weapons, and direction of travel. The
team gives the location of wounded persons to the incident commander so that
follow up responders can be directed to their location if there is no active threat.
E.
CONCEPTS AND PRINCIPLES OF TEAM MOVEMENT
1.
2.
Concepts of Team Movement
a.
Stay together as much as possible
b.
Maximize Communication - By staying in close contact with other first
responders, it’s easier to communicate with other members of the contact team.
This is especially important when entering an environment where ambient noise
(such as alarms, screaming, gunfire, or explosions) could be a barrier to
communication.
c.
Maximize Threat Coverage - A team moving within a structure must constantly
observe and cover angles that open and close. By staying close together, first
responders can cover angles that their teammates possibly cannot.
d.
Maximize Firepower - A team that stays together can maximize firepower on a
threat quickly and efficiently. By staying together team members will be less
likely to go over, around, or past another first responder to engage a threat. This
also enables first responders to safely mass firepower on a threat in confined areas
and at close quarters.
e.
540 degrees of coverage around the team will allow the team to bypass uncleared
areas within a structure when actionable intelligence is causing them to move
directly to a known threat. First responders should visually search from directly
above their heads to their feet and from peripheral. First responders should train
their eyes to focus into and at areas that can or could conceal a human, obstacles,
or other dangers such as booby-trapped explosives.
Principles of Team Movement
a.
Solo Entry
The solo entry is a concept based on the reality that every second a first responder
waits for backup could mean death or serious bodily injury to innocent victims
trapped inside. Time is not on your side. As a first responder on the scene, you
must have good situational awareness and make the decision to enter or to hold
and wait for backup based on what is known at the time. You should base your
decision to make a solo entry on the availability of actionable intelligence. The
general location of the gunman inside the structure, number of actors, the delay
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until backup arrives, and your ability to communicate with follow-up responders
will be critical in the decision making process. You should not make entry into a
situation if you feel you are going to exacerbate the problem instead of bringing it
to a successful resolution.
(1)
Strengths and Weaknesses of Solo Entry Movement Techniques
(a)
(b)
b.
Strengths:
i.
Normally the quickest response—no waiting for backup.
ii.
Small target signature.
iii.
Can move quickly using stealth to a known threat location.
Weaknesses:
i.
Backup not immediately available.
ii.
Must have accurate actionable intelligence to be successful.
iii.
Danger linking up with other responders.
iv.
Multiple actors can create a variety of tactical problems.
Two-Man Entries
The two-man entry can use either the side-by-side movement or the tethered
movement. The front cover position has responsibility 180° to the front and 90°
up and over the team. The rear guard position has responsibility 180° to the rear
and 90° up and over the team. First responders must prioritize threat areas while
moving down a hallway, with priority given to the threat area closest to the team
until it has been passed.
c.
Three-Man Movements
The three-man team offers more coverage to the front (the direction of travel).
This can be accomplished with two responders facing the direction of travel,
supporting each other in covering the front 180° and 90° up and over the team,
with the rear guard position covering 180° to the rear and 90° up and over the
team. The left and right front cover positions will announce threat areas to their
respective sides and cover them as the team moves past. As the team passes the
threat area, coverage of it passes to the rear guard. Depending on the hallway size,
the team can either use a linear movement with the rear guard position in the
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center providing rear security or a tethered movement with the rear guard position
tethered to one of the front security elements.
d.
Four-Man Movement Techniques
Having the luxury of four first responders immediately on scene maximizes the
team’s ability to cover all threat areas as it moves through the structure. There are
many different four-man movement techniques currently in use in active shooter
training. Below are several examples:
(1)
Point Position
The point position is centered in a three-man wedge facing the direction of
travel. The point’s area of responsibility will be long coverage down a
linear hallway.
(2)
Left Cover Position
The left cover position will be to the left of the point and will cover the
front and any openings to the left side of the team.
(3)
Right Cover Position
The right cover position will be to the right of the point and will cover the
front and any threat areas to the right of the team.
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(4)
Rear Guard Position
The rear guard position will be responsible for all threats coming from the
rear of the formation. Threat areas passed off by the left and right cover
will be passed to the rear guard. The rear guard usually provides radio
communication for the team.
e.
Five-Man Movement Techniques
Five responders is the maximum recommended number of first responders for a
single contact team. Larger sets of first responders can form multiple teams. For
example, if there are six responders present and prepared to make entry into the
crisis site, they may want to break up into two teams of three responders or one
team of four and one team of two. Having more than five responders in a team
becomes too cumbersome and awkward in movement and control to be effective.
As discussed in the four-man movement techniques, the five-man movement
techniques can position responders where it makes the most sense depending
upon the operational environment. Following are just two examples of five-man
movement techniques.
2.
Link-Up Procedure
a.
First responders must recognize the danger of bringing two armed elements (a
contact team and a secondary responder team) into contact with each other during
an emotionally charged and dynamic active shooter environment.
b.
Teams must establish positive communication before coming together. Secondary
responders should not enter into the immediate area controlled by the contact
team until they establish communication with the contact team.
c.
Link-up protocol must be established and understood before the secondary
responders enter. Contact team members should attempt to mark their exact
location inside the crisis site. They can accomplish this using terrain designation
such as “we are inside the third room on the right once you enter the doorway,
room 212.”
d.
Another method is for the contact team to use a mechanical device to mark the
team’s location. This might be the use of a chem-light or small battery operated
strobe light, which can be seen in various lighting and environmental conditions.
If none of these devices are available, first responders can use field expedient
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items to mark their location such as chairs stacked on top of each other outside the
doorway or trashcans in the center of the hallway.
e.
F.
Contact team members should not be in the hallway when the secondary
responder team is given permission to enter. This is done to prevent the creation
of a crossfire situation with a threat coming out of a room between members of
the secondary responder team and contact team. If for some reason this does
occur, it is important to remember that the moving team has priority of fire. This
is almost always the secondary responder team. Members of the contact team
should evacuate the hallway or make themselves small to avoid being hit by
friendly fire.
COMMUNICATION
1.
2.
Communication is typically broken down into two categories: verbal and non-verbal.
Verbal communication is the spoken word. There are times during a tactical operation
when verbal communication may not be the preferred method of communication, such as
prior to making a room entry. In these instances non-verbal communication such as hand
and arm signals or touch indexing is appropriate.
a.
The most critical aspect of teamwork is communication.
b.
Effective communication is the glue that holds the team together and ensures that,
regardless of size, the team acts as one.
c.
It is important to think of effective communication as a communication loop. In
order for communication to be effective, there must be a sender who gives
information to the receiver. The loop closes when the receiver acknowledges the
message and gives feedback to the sender.
Levels of Communication
a.
Due to the complexity of the active shooter response, you must also communicate
at different levels. The first level of communication is between members of the
team.
b.
Team members should also communicate with witnesses or victims to gain
valuable intelligence about the actor or actors.
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3.
c.
A third level of communication must take place between different teams of first
responders working inside the crisis site. Link-up procedures must be worked out
prior to friendly elements coming into contact with each other.
d.
The link-up will most likely start with verbal communication via radio, however,
teams may conduct actual link-up using non-verbal communication such as white
light, hand and arm signals, or the use of other signaling devices.
Methods of Communication
a.
Nothing Found
As the first responder closest to the opening maintains the 6 foot reactionary gap
away from the leading edge of the threshold and pins the hard corner, the partner
conducts the threshold evaluation of the room using a semi-circle or crescent
pattern as described above. With the first responders positioned outside the
threshold, if the threshold evaluation reveals no intelligence suggesting against it,
the first responders are in position to make a room entry.
b.
Hand and Arm Signals
Use either predetermined hand and arm signals, or hand and arm signals that are
easily understood, and use them only when you have the tactical advantage of
surprise over the suspect inside the room. It is imperative that hand and arm
signals can be communicated without first responders looking directly at each
other, thereby taking their attention away from their areas of responsibility inside
the room. This is accomplished by using exaggerated movements. When the first
responder who is searching the room (the primary observer) observes a
suspect/unknown and determines that the element of surprise has not been lost, he
should signal to his partner to move to a position on his inside shoulder (known as
an indexed position). Once indexed, the partner should place his inside foot as
close to the observing responder’s inside foot as practical and place his outside
foot behind the observing responder’s feet. Once in position, the partner should
use his elbow to nudge or tap the primary observer signaling him to move into
position to confront the suspect/unknown. Both first responders must step into the
threshold far enough to have an unobstructed view of the suspect/unknown. If the
suspect/unknown starts to move inside the room, the first responder pair can stay
in the indexed position and move with the threat to the point where the
suspect/unknown is concealed by the hard corner of the room that is not visible
from the position outside the threshold. If this happens, a decision must be made
as to whether to move into the room or barricade and call out. First responders
must be vigilant to ensure that a suspect who decides to take the fight to them at
the threshold does not catch them off guard.
c.
Gunfire
Again, use predetermined hand and arm signals, or hand and arm signals that are
easily understood, and use them only when you have the tactical advantage of
surprise over the suspect inside the room. The partner should move into a position
where he too can engage the threat if necessary. This should all be done from the
hallway. First responders should not rush into the room. A room entry plan should
be made and executed to secure the downed suspect, search for additional threats,
establish security, formulate an immediate action plan to address additional
threats outside the room, and treat the injured when practical. If no actionable
intelligence is driving the team to leave the room, the injured should be treated
using immediate lifesaving intervention.
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G.
SHOOTING AND MOVING TECHNIQUES
1.
2.
3.
4.
Universal Firearms Safety Rules
a.
Treat all weapons as if they were loaded. “Perfect Practice Makes Perfect”—
handle your training weapon as if it were your duty weapon.
b.
Keep your finger OFF the trigger until you have positively identified a threat and
have made a decision to engage. “Index Trigger Finger”—Index your trigger
finger outside the trigger guard and along the frame of the weapon. Your finger
should only move to the trigger when you identify a threat and must take
immediate action. After neutralizing a threat and completing follow-through,
return to the index position before scanning or moving.
c.
Never let your muzzles cover anything you are not willing to kill or destroy.
“Laser Rule”-- Imagine a laser coming from the muzzle of your weapon and
extending to the maximum range of the weapon system. At no time should your
laser ever touch any part of a teammate’s body or anyone you do not suspect of
being a threat to yourself or a third person. The muzzle should stay below
horizontal at all times unless engaging an elevated threat or covering an elevated
threat area (for example, a stairway).
d.
Know your arc of fire. Maintain situational awareness of your bullet’s path from
the muzzle of your firearm to the target and beyond in the event you miss or the
bullet over penetrates the threat.
Two-Handed “High-Friction” Grip (Semiautomatic Handgun)
a.
The purpose of a good grip is to control the movement of the weapon caused by
recoil.
b.
It is imperative that the first responder makes contact with as much of the frame
of the weapon as possible.
c.
The grip must be high on the frame of the weapon, with no gap between the web
of the shooting hand and the top of the back strap tang of the pistol grip.
Modified Low-Ready/Combat-Ready Position (traveling position)
a.
From a two-hand support position with elbows slightly bent, bring the weapon
back toward your body and, at the same time, lower the weapon keeping the
sights aligned.
b.
Lower the weapon until your visual field is clear of the weapon system and the
weapon is in the lower quadrant of your visual field with sights aligned.
c.
If a threat presents itself, first responders will just raise the weapon with the same
motion that a person would use to raise a platter with a glass of water resting on it.
d.
After raising the weapon to a position along the visual line between the first
responder’s eyes and the threat, the sights should be close to perfectly aligned
allowing for the quick discharge of the weapon system.
Position Sul or Safety Circle (used with Known Friendlies in down-range)
a.
Sul (pronounced sool, Portuguese for south) or safety circle is one of the safest
positions when moving in and around large groups of people that are not a threat.
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5.
b.
Starting with the handgun in a proper two-hand grip from a low- or combat-ready
position, release the grip of your support hand.
c.
Rotate the weapon’s muzzle down while positioning the support/off side of the
weapon on the back of your support hand.
d.
Place the palm of your support hand on your upper abdomen or sternum. Your
muzzle should be pointing straight down toward the ground and your laser should
stay approximately 18–24 inches in front of your feet.
Universal Fighting Stance
Proper Body Position
a.
Feet, knees, hips, and shoulders square to the threat or direction of travel
b.
Weak side foot slightly forward
c.
Knees slightly bent
d.
Bent slightly forward at the waist (aggressive posture/control recoil)
e.
Shoulders rolled forward
f.
Elbows rotated down to prevent hitting them on objects while moving through or
around doorways, partners, etc.
g.
First responders should be using skeletal support and not muscular tension to
support the weapon.
h.
Head erect (bring the sights of the weapon to your eyes, not your head and eyes to
the weapon)
i.
Relaxed body
Undue tension will transmit to your weapon through your body. Remember:
rigidity is weakness; flexibility is strength.
6.
Movement
The unsupported human body is not the most stable shooting platform to begin with, and
now we are adding movement into the equation. The proper body position will help you
absorb most of the movement caused by walking into your feet, knees, and hips, leaving
your upper body stable enough to surgically engage threats while moving. Walk
normally. Most of us do not take a step with one foot and drag the other behind as we
casually walk day to day. Now is not the time to fight your instincts and natural
movements.
a.
Walk in short choppy steps, dispersing the weight of your body along the outside
of your feet from heel to toe in a rolling motion. By doing this, you will keep
yourself balanced and in contact with the ground at all times, allowing you to
engage a threat immediately without having to stabilize before pressing the
trigger.
b.
You should attempt to control the movement of your weapon to a slight vertical
movement and minimize all horizontal movement. You have a larger margin of
error if your shots are high or low (up and down a human body) but have a
smaller margin of error moving left or right (the width of a human body).
c.
Horizontal movement of the sights of the weapon is usually caused by taking long
steps with your toes pointing out and away from the direction of travel. To correct
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this, take shorter steps with your feet close together and your toes pointed in the
direction of travel.
7.
First Responder Issues
a.
6 Foot Reactionary Gap
The 6 foot reactionary gap is a technique used by many first responders in an
attempt to keep a reasonable distance from a suspect or unknown. This distance,
though close, can give you the space to observe and react to a threat should it
manifest itself. When entering a building with high occupancy, you may not
always be able to maintain the 6 foot reactionary gap. When practical, and if the
situation allows you to control the distance, observe the 6 foot reactionary gap. A
suspect who is skilled in weapons disarmament can easily take a weapon from an
unsuspecting first responder.
b.
Lower Weapon to Open Visual Field
Lower your weapon system as you close the distance on apparently unarmed
subjects. This allows you to see the subject’s hands and waistband without your
weapon system, arms, or hands blocking your vision. The weapon system should
be dropped to reveal the pelvic girdle area of the subject, giving you an
unobstructed view of the subject’s waistband.
8.
Priority of Fire
First responders working in close proximity to other team members in dynamic, high
stress environments must constantly assess their arc of fire along any potential threat
angle. At no time should first responders fire their weapon system from behind a
teammate. Priority of fire is given to the first responder who has a clear arc of fire to the
threat. Others should either move up on line with the teammate who is shooting or open
up angles by moving laterally to ensure they are not shooting past their teammates.
Some first responders train to take a knee if their weapon malfunctions or need to
conduct an emergency reload. If this occurs in tight quarters, other first responders should
move into a position to cover their kneeling partner. There are two primary ways this can
be done safely.
a.
The first is for the standing responder to step around and in front of the kneeling
responder to provide ballistic protection from any threats. The standing responder
in the blocking position should be close enough to touch the kneeling responder.
This is done to prevent confusion under stress and its physiological and
psychological effects that sometimes occur during conflict (for example, tunnel
vision and auditory exclusion).
b.
The second technique is for the standing responder to step up behind the kneeling
responder into a high-low position. The standing responder should ensure that his
muzzle is safely beyond his partner in the event the situation calls for him to fire
his weapon. After the kneeling partner completes the reload or malfunction drill,
the standing partner can either lift the kneeling responder while ensuring muzzle
control, or the kneeling responder should scan behind him before standing to
ensure that no one is standing behind him ready to engage a threat beyond his
position.
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9.
Contact Cover Principle
Contact cover is a technique used to safely approach, secure, and search an individual or
group of individuals. This technique requires a minimum of two responders working
together. One responder will move to a position to provide lethal cover, while the others
secure their weapons and close inside the 6 foot reactionary gap to secure the subject.
Communication between the responders is critical to ensure that the technique is done in
such a way as to maximize safety and security. The cover position should move to a
position where the immediate use of lethal force can be achieved at all times. Depending
on the position of the suspect being searched, this may require the cover position to move
during the use of this technique.
10.
Follow-Through, Scan, and Breathe
a.
Follow-Through
Once you have made the decision to use deadly force to stop a threat, engaged the
threat with your firearm until the threat has fallen out of the front sight, and
tracked the threat onto the ground, the next step is to reset or prep the trigger and
realign your front sight back on center mass of the threat. This is known as
follow-through. This is done in case follow up shots are necessary. For example,
if the neutralization of a threat causes you to fire your weapon system four times,
you should have five sight pictures. The fifth sight picture is follow-through. It is
important to remember that once you determine that the subject is no longer a
threat, you should remove your trigger finger from the trigger and index it outside
the trigger guard and along the frame of the weapon. Once this is done, visually
scan the immediate area to ensure situational awareness.
b.
Scan
As a first responder, you should keep your weapon covering the known threat (the
suspect just engaged) and turn your head while scanning 540° of your
surroundings for other potential threats or positions of cover. This assists you in
breaking tunnel vision and gives you an opportunity to check on the status of
teammates. A partner that has been hit is also a hole in the team’s security
c.
Breathe
First responders who fail to breathe after or during an attack will experience an
increase in heart rate thereby causing the loss of fine/complex motor skills and
rational thought processes. Breathing will aid you in helping your body perform
under the stress of physical conflict. There are different techniques used in most
fighting arts and by athletes involved in certain sporting events that have proven
useful and have been adopted by both the United States Army and the United
States Marine Corps. Without going into great detail, the important thing to
remember is to continue to breathe before, during, and after an engagement.
H.
THRESHOLD EVALUATION
This technique also helps the first responders, who may have never worked or trained with each
other prior to the incident, giving them time to observe, orient themselves, and decide upon a
course of action more effectively than just running into a room blindly. First responders who
rush in blindly usually become part of the problem rather than part of the solution. The threshold
evaluation technique can be conducted at any pace from an extremely slow pace (if no actionable
intelligence is driving the first responders) to an extremely fast, dynamic pace if shots are heard
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coming from inside the room. Dynamic entry is a popular method that many tactical teams utilize
to dominate an objective using speed, surprise, and violence of action. Dynamic entry is an
extremely effective tactic. However, it is also a very perishable skill and requires a great amount
of training and teamwork to stay proficient, things that most first responders are not afforded.
The perishable skill-set required and the lack of training as a cohesive unit creates a substantial
risk of improper application of the tactic for ad hoc teams. Threshold evaluation is an effective
technique for first responders who have not trained together in dynamic entry tactics.
1.
Deliberate Speed
Deliberate speed is preferred when teams are in a slow searching mode. Teams would
have no intelligence as to the exact location of the threat such as gunfire, witness
statements, or intelligence transmitted through an emergency communication center.
2.
Dynamic Threshold Evaluation
The threshold evaluation technique can also be used when a more deliberate speed is
preferred when teams are in a slow searching mode. If first responders enter into the
crisis site and hear gunshots, screaming, or are driven by intelligence sources as to the
exact location of one or more suspects, the nature of such circumstances require a more
dynamic approach to solve the problem. First responders who find they need to respond
directly to the threat should move in the direction of the gunfire, find the exact location,
and quickly move together in a two-man, shoulder-to-shoulder element, conducting a
threshold evaluation of the suspected doorway, until identifying the suspect through the
threshold. After identifying the threat, use a surgical application of deadly force to
neutralize the suspect. After neutralizing the threat, the team must quickly formulate an
entry plan while providing security from any additional threats from inside the room or
other threat areas inside the building. The number of first responders composing the
contact team will, in many cases, determine the priority of work.
3.
Search Pattern
This will be dependent upon the layout of the floor plan. If practical, first responders
should start looking into the threshold from approximately 10 to 15 feet away as they
approach. Start by looking deep into the opposing hard corner while attempting to
maintain a 6 foot reactionary gap from the lead edge of the doorway prior to starting the
arc movement around the threshold. Conduct the arc movement in a semi-circle around
the doorway; attempting to maintain a reactionary gap should someone exit the room
unexpectedly. This gap will give the first responder time and distance to scan the subject
for possible weapons.
4.
Body Position
When conducting a deliberate search of a room using the threshold evaluation technique,
be careful not to telegraph your movement. Your body must be positioned in such a
manner that you expose only a small portion of your head, eye, and weapon system to the
leading angle of view from inside the room. Focus on keeping your shoulders, feet, and
elbows inside the imaginary line drawn from your leading eye to the floor.
5.
Visual Searching Pattern
Make sure that you do not block your ability to see critical clues because your weapon
system is blocking the lower portion of your visual field. Position your weapon system to
allow an unobstructed view of the ground between the doorframes. You should use the
leading edge of the threshold as your reference point, search visually up and down the
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leading edge looking for any clue of a human form inside the room. This search should
be both shallow and deep inside the room.
6.
Reflective Surfaces
As you conduct the search, pay special attention to any items inside the room that have
reflective surfaces (television screens, computer monitors, picture frames, etc.). You can
gain valuable intelligence about the contents of a room by using these reflective surfaces.
Lighting conditions will determine how effective this technique will be. The lighting
conditions can also work against you. If the suspects are concealed inside a dark area and
you are working from a well-lit hallway, the suspects can see your location and actions
without revealing their location and actions.
I.
SETTING UP FOR AND CONDUCTING ROOM ENTRIES
1.
Setting Up for Room Entry
A slow, systematic clearing of the building by the contact team is an option, yet this type
of search is very manpower and time intensive. First responders must search each room,
hallway, and floor along the way until they make contact with the suspect or receive
information about the situation (such as noise, shooting, or witness information).
2.
3.
Positioning
a.
If the door is on the right, the right cover will move up to the doorway and post on
it, covering the deep corner in the direction he is holding.
b.
The rear guard will go back-to-back with the right cover and continue to protect
the rear of team.
c.
The left cover will take long cover responsibilities and protect the point as he
slices the pie across the threshold, making sure not to telegraph past where the
point is able to clear.
d.
As the point completes the clear across the threshold, the point and the left cover
will end up back-to-back. (This figure shows the movements and positioning for
setting up for room entry.)
Physical contact between team members throughout this process is critical for keeping a
tight formation and maintaining coverage without having to look away to check on the
pace of the other first responders.
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4.
At this point, the doorway is split between two two-man teams. The two first responders
outside the formation, left cover and rear guard, will now cover front and rear while the
two first responders inside the formation cover the threshold and evaluate the room prior
to entry.
5.
These steps are also applicable for closed doors except that the threshold evaluation will
take place after the door has been opened. The setup will likely be much quicker;
however, some doors may have windows, which the team should be attentive to.
Once the team has set up for room entry, the point and either the left or right cover
position (depending on the location of the threshold) will use hand and arm signals to
communicate who will be first to make entry, with the other first responder entering
second. Usually, the first person to enter will be the position that has seen more of the
room (point) but occasionally a floor plan will dictate that the left or right cover enters
first.
6.
Remember, it takes a minimum of two first responders to clear a room. Since the
buttonhook can be a somewhat clumsy entry method and may take more time to effect
the entry and dominate the room, first responders should try to always use the crisscross
method of room entry, also known as going to the known. Once the point and left or right
cover make entry into the room, the long cover and rear guard slowly move back into the
area of the threshold. This is done for several reasons:
a.
Maintaining communication among the team
b.
Limiting exposure in the hallway while still maintaining hallway security
c.
Providing immediate support if needed inside the room
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7.
8.
Coming Out
a.
Prior to the team launching back out into the hallway, members should use the
terrain they now control for planning and team maintenance. Deliberate searches
can be time consuming and physically draining to the first responder. Unless
something is driving the team to move, take the time to plan your next course of
action.
b.
The first responder covering long down the hallway in the direction of travel will
become the point when the team moves back out into the hallway. The rear guard
will remain in the rear guard position. This is done because they both have history
with their respective areas.
c.
Prior to the team moving back into the hallway, a member from the clearing
element needs to make physical contact with both hallway security elements and
ask them what they see. Once the team decides on a plan of movement and all
team members understand it, the clearing element will announce, “Coming out.”
d.
The hallway security elements will step out of the threshold at a 45° angle into the
center of the hallway. The clearing elements will then step out of the room and
take up predetermined positions at the left or right cover.
Support
Teams should use a common term such as “support” to indicate when assistance is
needed pre- or post-entry.
a.
Pre-Entry Support
If, while conducting the threshold evaluation of the room, the point decides that
the entry requires more first responders due to the complexity of the floor plan or
the number of unknowns inside the room, he can communicate “support” to the
team prior to the entry. When conducting a deliberate search, this third responder
into the room will most often be the rear guard while the long cover will move
back into the threshold and hold the hallway from approximately two feet inside
the room.
b.
Post-Entry Support
If the clearing elements require assistance inside the room after entry, they can
communicate “support” to alert hallway security that they require more assets to
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clear or secure the room. Upon hearing the request for support, the hallway
security elements should communicate with each other to determine which first
responder will enter to assist the clearing element while the other takes up a
position inside the doorway and provides hallway security for the team. The first
responder that enters to support the clearing element should move inside and
communicate “support in” and wait for instructions from the clearing element. If
no instructions are given after several seconds, the support element should request
guidance. If you are one of the first responders that called for assistance, give the
support responder some guidance as to what you need done, for example, “hold
that door,” “cover that suspect” or “hands on.”
9.
Hallway Security
If one responder is left to maintain hallway security, it is best if that security element
takes approximately a half step back into the threshold. Using soft focus the security
element can maintain security of approximately 45° of the hallway. Without moving the
half step back, the single security element stays out in the hallway visible from all angles
and attempts to cover the entire hallway. This is virtually impossible for one first
responder to do effectively.
10.
Total Support
If the team must drop all hallway security to dominate a room, as soon as practical after
clearing the room, someone should return to the hallway to re-establish security.
11.
The Israeli Lean
After the room is secure, the team must secure the hallway. Two members of the team
should use threshold evaluation to clear as much of the hallway as possible from inside
the room. They will then turn back-to-back in the threshold and take up the remaining
10% of the hallway in both directions. First responders must always be prepared for what
they might find; this last 10% is no different. Be mentally and physically prepared for a
deadly force encounter around every inch of real estate you move into and control. If, for
whatever reason, you pull back into the room, hook your partner and pull him back with
you.
12.
Leaving a Room Post-Contact
If a team makes contact with suspects inside a room there will be much work to be done.
Teams must provide security, secure the suspects, treat the wounded, process unknowns,
and formulate a contingency plan if shots are fired in another location. They should
determine who will stay and who will go prior to hearing shots. The team should also
communicate with incident command as soon as practical after establishing security, but
not before.
13.
Principles of Room Entry
For as long as first responders have made entries into rooms, there have been debates as
to the most effective way to perform them. Three of the most important components of an
effective room entry are surprise, speed, and violence of action. These three components
are sometimes described as forming a triangle of success, with each component making
up a side of the triangle. The triangle will not stand unless all three components (or sides)
are present. A triangle without one of these sides will collapse. Similarly, a room entry
will not be as effective as it could be if one component breaks down. To understand fully
the meaning behind this triangle of success we must break it down and look at its
components.
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a.
The Element of Surprise
Surprise is the base of the triangle and the element on which speed and violence
of action depend. Once you lose the element of surprise, no amount of speed or
increased violence of action can compensate for its loss.
b.
(1)
What is surprise? Webster’s Dictionary defines surprise as, “to come upon
unexpectedly.” We have all been surprised at one time or another but how
do we apply this to first responders making room entry? It starts outside
the door of the room to be entered. The communication between the first
responders prior to entry is critical to success. It is important that first
responders avoid verbalizing when entry is imminent. Many first
responders, under stress, will verbally countdown to the entry, “Ready?
Okay, on three… one, two, and three.” While the coordination is essential,
hand and arm signals instead of verbalization accomplish the same goal
and allow the coordination to take place without telegraphing the team’s
intentions to the suspect, who we should assume is inside each room we
enter to clear.
(2)
How long does surprise last? Think about yourself sitting at your house
watching television just before going to bed, when suddenly you hear a
loud crash. How long will it take you to observe (hear), orient yourself
that the loud crash occurred at your front door, try to determine what
caused it, decide on your next course of action, and take that course of
action?
(3)
How long did it take you? To place an exact time on the effects of surprise
is impossible, because there are too many variables; however, it does not
last indefinitely. First responders must use the tools they have available to
keep the suspect guessing when, where, and how the room entry will take
place.
Speed
Speed is defined in the concepts and principles as “moving only as fast as you can
shoot accurately and think.” The most dynamic part of the entry is the process of
entering into and through the doorway and moving to your points of domination
inside the room. By using the threshold evaluation technique, first responders can
gain valuable intelligence about the floor plan, room contents, and unobstructed
paths of travel prior to entry. This technique also sets up the first responders to
make entry into the known using the crisscross method.
First responders should break down the entry in deliberate fashion:
(1)
Clear the immediate threat area. Immediately address anyone standing
between you and your point of domination in the room.
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c.
(2)
Clear the immediate corner of any possible threats as you move to your
point of domination.
(3)
Stop at your point of domination. Normally, approximately half the
distance of the wall and approximately 30–36 inches off the wall if
practical. Once at your point of domination, set your feet.
(4)
Make a primary visual scan across the room to within approximately 1
yard in front of your partner’s body.
(5)
Make a secondary visual scan across the room to ensure that no threats
have manifested, to measure compliance level, and to begin a detailed
scanning sequence of persons.
(6)
Communicate that your area of responsibility is clear or identify areas that
require moving to clear. Work with your partner to clear secondary threat
locations.
(7)
Use the contact cover principle to take suspects into custody.
Violence of Action
Violence of action is best described as, “controlled aggression to achieve a
tactical objective.” Specifically, it is how first responders move and posture
themselves, as well as how they communicate with authority what they want
done. Body language that exudes confidence and capability is the essence of
violence of action. It is easy to tell just by a person’s body language and
verbalization whether or not they want to be where they are. Suspects will often
gauge their reaction based on how they perceive the first responder. A first
responder who is succumbing to their fear and acting like prey will empower a
suspect to act while a first responder that is controlled, aggressive, and confident
will cause the suspect to think twice before challenging someone they see as a
predator.
J.
POST ENGAGEMENT PRIORITIES
First responder training for rapid response to an active shooter scenario must include not only the
initial response to isolate, distract, and neutralize the gunman but must also train the first
responder for the aftermath of the incident. Many times in training first responders will move to
and neutralize the gunman and then immediately move to find another unprovoked gun battle
elsewhere in the structure. A type of video game effect takes over and responders begin to
neglect necessary and vital training issues, their response seemingly becoming, “Okay, we have
neutralized this gunman, level 1 is over let’s move to level 2.” Not only is this unrealistic, but
potentially dangerous for all involved. First responders must have a system by which to handle
the real world issues once they neutralize the immediate threats. After moving to neutralize a
shooter, first responders must then neutralize the flow of adrenalin that is rushing through their
bodies and temper the aggressive nature and impatience of their “Type A” personality. They
must train in situational awareness and priorities of work until they become second nature.
S.I.M.—Post Entry Model
1.
Security
Security should take priority. The security of the team is the primary focus of the
concepts and principles taught in this course. After entering a structure, first responders
should attempt to close the distance on the shooter and, if possible, engage using
threshold evaluation. First responders should attempt to communicate with any victims or
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unknowns inside the room prior to making entry. The intelligence gained through this
communication may lessen the possibility of an ad hoc entry team rushing into a set
ambush inside the room. If attempts to communicate with persons inside the room fail,
first responders must attempt to assess the reason for the failure. Are the victims frozen in
fear? Is there another shooter inside the room that is preventing communication?
a.
First responders must prepare themselves to enter and take immediate control of
the situation. The scene can range from chaotic to eerie silence. The responders to
the Virginia Tech massacre reported that when they entered the rooms on the
second floor they initially thought that everyone inside was dead. The students,
both wounded and not wounded, lay so still and lifeless on the floors of the
classrooms that it appeared there were no survivors. Only after the victims were
sure that the threat was over would they move or communicate. First responders
to other active shooters reported that they were almost overwhelmed by the
victims as they responded.
Upon entry, all members of the contact team should enter the room. An exception
to this tactic is if the team needs to cover a known threat outside the room.
As soon as practical, one of the members of the team should communicate that
they are covering the door and then move into a position of cover. If it is
necessary for all first responders to stay focused on the room, one tactic may be to
close the door leading into the hallway. This will help reduce both the visual and
auditory target signature presented by the team working in the room.
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b.
Regardless of the scene, first responders must immediately gain control over
everyone in the room. Do not get in the habit of assuming who is good and who is
bad. Treat everyone as unknown until they have been thoroughly searched or
vetted through a reliable source.
c.
Tell unknown persons in the room to do something once, if they do not comply,
make them comply. Four or five first responders in a room with fifteen, twenty,
thirty or more unknowns can be easily overwhelmed if they do not exert positive
control quickly and effectively.
d.
First responders should attempt to secure any known shooters as quickly as
possible without giving up security. These suspects should be thoroughly
searched for both weapons and intelligence information including radios, phones,
and maps which could indicate additional suspects or target locations.
e.
Move unknowns to positions of disadvantage using verbal commands before
moving into areas of the room where you are vulnerable to attack by unknown
persons. Even if each first responder carries two pairs of personal restraints
(handcuffs or flex ties) into a room with thirty or forty persons, they will not be
able to restrain everyone using these devices. The “Handcuff Fairy” will not
magically appear and start handing out personal restraints for first responders to
use.
f.
First responders should move unknown persons against a wall (called the dirty
wall) inside the room and in a position of disadvantage (on their knees with their
faces against the wall and hands on the back of their heads) until the team can
restrain the known shooters.
g.
First responders must then begin cleaning the unknown persons inside the room,
searching them to ensure that they do not pose a threat to the victims or first
responders.
h.
One method first responders can use to expedite this cleaning process is for the
first responders to clean two of the unknowns and then, once found to not be a
threat, enlist them to assist the first responders by identifying others that are
known to them to not be threats.
i.
Anyone they are not sure of should be cleared by first responders. Some scenes
will be easier to clean using this method than others.
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j.
2.
Closing Down A Room
(1)
With the unknowns moved against the dirty wall and placed in a position
of disadvantage, the first responders in the center of the room should act as
cover while the first responders on the perimeter of the room should act as
contact or hands on.
(2)
If there are four first responders in a room, the two on the left side can
work as a contact/cover team and the two on the right can do the same. If
there are only three first responders in the room, then the first responder in
the center will act as the cover and the outside two first responders will
operate as contact.
(3)
First responders must communicate and identify which team member will
move to go hands on and who will cover. The hands on first responder
should immediately put his weapon back into a ready position after
securing the hostile or unknown.
Immediate Action Plan
a.
After the team neutralizes all known threats inside the room and gains positive
control over the room’s occupants, they should formulate an Immediate Action
Plan as quickly as possible.
b.
If the number 4 man assesses the room and determines that he should turn and
provide cover through the doorway, he should also communicate the team’s
status (location, injured, KIA, etc.) via radio to the command post or other
responders.
c.
Once the status update is complete, someone on the team needs to decide upon a
course of action in the event more gunfire erupts and the team needs to move to
another location to defend innocent lives.
d.
The Immediate Action Plan should be simple, easy to understand, and based on a
when/then model such as, “When <this event> happens, then <team member
name> will stay here and <team member name> will move to the threat.”
This should be the first phase of the Immediate Action Plan and should be
developed as soon as practical. The Immediate Action Plan helps to minimize
confusion among teammates if the situation dictates that the team must suspend
post engagement operations in one room and move to another location to stop the
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murdering of innocent persons. The K.I.S.S. principle (keep it simple stupid)
applies here.
e.
3.
(1)
There is no need to develop a five-paragraph operations order to give each
first responder a general task assignment. A simple statement like, “When
shots are fired, you stay, we will go” is best.
(2)
An Immediate Action Plan should take into account the totality of the
circumstances as they are perceived at the time. For example, if there are
known to be five other contact teams moving inside the crisis site, first
responders may not want to leave the location they are working.
(3)
They may elect to set up a blocking position in a hallway and allow
another team to move to the second crisis point.
First responders should consider several factors and be prepared to articulate why
they took the actions they did. In many states first responders are bound by law to
safeguard the offenders once they have been taken into custody.
(1)
If first responders secure a shooter and then leave to respond to another
shooter in another location, and the victims turn on the restrained gunman
and beat him to death, first responders need to articulate why they were
unable to safeguard the shooter they had taken into custody. First
responders should also consider these additional issues before leaving a
location.
(2)
The capability of the team if first responders are wounded or killed.
(3)
The presence of terrorists or multiple shooters.
Medical
a.
First responders should address medical issues as soon as they establish security
and formulate the Immediate Action Plan.
b.
First responders should call for a secondary responder team and guide them into
their immediate area of control.
c.
It is important to remember that depending on the overall situation, a secondary
responder team may not be available for an extended amount of time, time that
may be critical to the survival of injured persons if not treated.
d.
First responders should carry a minimum of three wound kits each. Wound kits
consist of simple life saving items designed to control bleeding and treat gunshot
wounds. If wound kits are not available, first responders should use field
expedient items to treat the wounded.
e.
First responders in most circumstances will still have to provide security. It is
difficult to provide first aid and security at the same time. First responders may
consider enlisting the help of uninjured victims to administer first aid.
f.
This will allow the first responders to stay focused on security while also
providing treatment to the injured. This also aids in the psychological recovery of
victims if they are allowed to assist rather than sitting helpless and watching the
event unfold in front of them. Victims that are dead should be covered if possible.
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K.
IMPROVISED EXPOLSIVE DEVICES AND THE ACTIVE SHOOTER
The threat of explosive devices being used on an active shooter scene is nothing new. The
original plan to assault Columbine High School was to initiate the assault with an improvised
explosive device (IED) in the cafeteria during a lunch period. The investigation of the
Columbine assault revealed ninety-nine IEDs, everything from small hand-delivered devices to
vehicle-borne devices. The assaults in Beslan, Russia, and Mumbai, India, demonstrate terrorist
uses of explosive devices during their assaults. First responders must prepare for this level of
assault in their own jurisdictions. Standard bomb threat training will do little against an armed
and murderous group determined to murder as many innocent citizens as possible.
1.
Effects of an Explosion on the Human Body
The effects of an explosive device can vary depending on the type and size of the device.
Nonetheless, explosions will affect first responders both physiologically and
psychologically. When devices are used in an enclosed area such as a building or a
vehicle like a bus or train the shock wave is most often the biggest killer. The shock wave
travels much the same as electricity or water; it will take the path of least resistance.
Linear danger areas, such as hallways, should be evacuated as soon as practical prior to
detonation of a device. The shock wave of a large explosion can disrupt and even destroy
vital internal organs. Injuries of an explosive device will often include hemorrhaging
from the nose, the ears, and even the eyes.
2.
Refuge from an Explosive Device (Angles and Air Gaps)
First responders must remember, “If you can see the device, it can hurt you.” It may not
always be practical for first responders to turn tail and run just because they located a
device. Responders may have to continue pressing the fight if innocent persons are being
murdered. In a hallway, take refuge by using angles, breaking 90° away from the device
and entering a room prior to detonation if possible. If you locate an IED inside a room,
move any victims from the area quickly and create an air gap between any hostage
holding area or casualty collection point and the room housing the device. Prior to
forcing victims to move, ask them if there is any reason they cannot move such as booby
traps or devices attached to their bodies.
3.
a.
If a victim states that they have been booby-trapped or have had a device placed
on them, attempt to keep them calm by explaining to them that specialists are on
the way to help as other victims and responders evacuate the immediate area. If it
is not practical to evacuate the building, take up a barricaded position using angles
and air gaps.
b.
There are numerous discussions that take place in police training and
administrative circles regarding homicide bombers. First responders should
immediately assess the situation and determine the appropriate response. If it is
appropriate one should de-animate a bomber on an active shooter scene. If it is
appropriate you should try to administer surgical headshots to the nasal cavity, ear
canal, or brain stem. Never touch people expected of having an explosive
device; treat them like an explosive device themselves, because they are.
Three Rules for Dealing with Explosives
a.
Rule #1: Never touch the device
First responders who encounter an explosive device should never touch it. Also,
take great care when touching anything that could possibly house an explosive
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device if reports indicate that actors possess or have used explosives during the
assault.
b.
Rule #2: Create distance between you and the device
First responders who identify an explosive device should immediately seek refuge
using distance, angles, and air gaps. If innocent people are being murdered, first
responders may have to move past a device in order to close distance and
neutralize the shooter. If first responders identify the device as using a burning
fuse, seek distance, angles, and air gaps until the device detonates. Remember, “If
you can see the device, it can hurt you.”
c.
Rule #3: Communicate to teammates and incident command
Communication is key to survival in all aspects of responding to an active
shooter. It is especially critical in all aspects of dealing with explosive devices. If
it becomes necessary to move past a device, communicate the presence and
location of the device to teammates. The rear guard, upon notification, should
immediately turn around and locate the device. As soon as the team has reached a
safe distance from the device they should notify incident command of the location
and they type of device.
4.
Common Types of Detonators Used with IEDs
a.
Burning Fuse
The simplest form of fuse is the burning fuse, believed to date back to the 10th
century and originating in China. The fuse consists of a burning core coated with
wax or lacquer for durability and water resistance. The core of the fuse can be
burning up to six inches beyond where you see the coating burning.
b.
Booby Trap
Explosive booby traps are designed to kill or incapacitate personnel. They are
normally placed to avoid detection and are usually activated when an
unsuspecting person disturbs an apparently harmless object. Booby traps can be
placed to deny responders access into certain areas of a building and are normally
found at choke points such as stairways, hallway intersections, and entry points.
c.
Radio Frequency/Command Detonated
Radio frequency (RF) detonated devices (also known as command detonated
devices) are the least common type of devices currently found by law
enforcement. Most explosive ordnance disposal (EOD) personnel have never
encountered an RF detonated device outside of a training scenario. It is important
to be aware of these devices and their characteristics. Many terrorist bombings in
the Middle East use a command detonation, designed to allow detonation by
sending a signal with a mobile phone, pager, or any number of electronic devices
that transmit a radio frequency or electronic pulse to a detonator.
5.
Hand Delivered Devices Used Against the Team
Most hand delivered (thrown) devices are small and designed to maim or kill persons.
Most are composed of a low yield explosive that will generate a pressure wave of less
than 50,000 psi, more than enough to cause damage although much less than a high yield
explosive’s pressure wave of 50,000 to 4,000,000 psi. The shock wave consists of highly
compressed air that travels outward from the source at supersonic velocities. When the
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shock wave encounters a surface that is in line-of-sight of the explosion, the surface
reflects the wave, resulting in a tremendous amplification of pressure.
6.
a.
It is important that first responders develop tactics to counterassault a suspect who
is using explosive devices. The following tactics are demonstrated as a last resort,
to save innocent persons and neutralize the suspect.
b.
Team members must be able to rapidly communicate details about the device and
the action that should be taken by members of the responding team.
Bomb Cover and Bomb Go
a.
Bomb Cover
The energy (or perceived energy) propelling the hand-delivered device toward the
team will determine which tactic they should use. Bomb Cover Call “bomb
cover” if it appears that the device being thrown at the team will stop at least 15
feet or more from the team’s current location. When this command is given,
immediately seek cover wherever you find it. If you are attempting to find
cover by exiting the hallway and making entry into a room, it is important to
clear the room.
(1)
It is natural for first responders to want to look at what they perceive as a
threat to their safety. First responders in training are often observed
looking at the device and paying no attention to the occupants of a room
they are entering for cover from the device.
(2)
First responders must train to immediately transition from the threat of the
device to the threat of the room entry. Due to the dynamics of an explosive
device being thrown at the team, you must be prepared to enter into and
clear a room by yourself. Your focus must quickly shift from the device to
the room.
(3)
Once inside, move to position yourself with your back against a wall and
scan the room for any immediate threats. This will decrease the threat
angles, making the room more manageable to clear as a single unit.
(4)
Clear the room quickly and then get down as low as possible behind
something that will stop shrapnel or secondary missiles. If possible, do not
lie down, as it is difficult to fight from this position.
(5)
While maintaining your weapon, take your weapon-side ear and rotate it
down onto your shoulder, place your weak or offside hand over your other
ear, and open your mouth to help with the over pressurization caused by
the blast.
(6)
After the device detonates, move immediately to evaluate the threshold.
Attempt to take a position inside the threshold to engage the suspect
throwing the device. You can accomplish this in a number of ways.
Remember, all threat areas must be covered; get as many weapons
covering the threat areas as possible.
(7)
If all first responders on the contact team have sought cover on the same
side of the hallway, it is important to send two first responders (minimum)
to clear a room on the other side as soon as practical. This will help
provide effective cross cover down the hallway in the direction from
which the IED came.
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(8)
b.
c.
L.
Communicate to secondary responders in an attempt to neutralize the
bomber from outside a window or other area. Do not leave the safety of
cover unless there is a tactical reason to do so. If someone starts shooting
at the other end of the hallway, and it does not appear to be directed
toward the team, move quickly to the sounds of gunfire and neutralize the
shooter. Lives are depending on it.
Bomb Go
(1)
Call “bomb go” if the energy propelling the device toward the team will
carry the device to within 15 feet of the team, into the team, or through the
team. When the “bomb go” command is given, move quickly past the
device and into a position to engage the suspect throwing the device.
(2)
Great debate has taken place over neutralizing a bomber. First responders
should immediately assess the situation and determine the appropriate
response. If it is appropriate one should de-animate a bomber on an active
shooter scene. Explosive devices do not discriminate who they maim or
kill. A person controlling an explosive must be neutralized, if it is the
appropriate response, before any body movement can occur. This can only
be done in a timely manner by administering headshots to the suspect.
Once neutralized, treat the bomber like an explosive device. Do not touch.
Evacuate unknowns from the area, create distance (angles and air gaps),
and communicate.
Although the killing radius of the M67 fragmentation grenade is 16 feet (5m) and
the casualty-producing radius is 50 feet (15 m), fragmentation can disperse as far
away as 755 feet (230 m).
RAPID RESPONSE OR BAIL-OUT BAG
The modern first responder is required to carry an inordinate amount of equipment just to
conduct their average day-to-day activities, not to mention the specialized equipment needed to
formulate an effective response to a Mumbai style attack, a Beslan style siege, or a homicidal
suspect walking into a shopping center. First responders must develop a system to carry these
specialized items onto the scene without diminishing their ability to shoot, move, and
communicate. Many clothing and tactical gear manufacturers have recognized this problem and
have developed an array of bags and load bearing vests to aid the first responder in carrying the
additional equipment. It is the responsibility of first responders to find the system that works best
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for them. After all, a system that does not work will be left behind when the event transpires.
Regardless of the system used to carry the specialized equipment needed for a response, the
equipment itself falls into two categories: critical and non-critical.
1.
Critical Equipment
a.
2.
Ammunition: You must prepare yourself for the worst-case scenario such as what
happened in Beslan or Mumbai. If you find yourself in a similar situation, the last
thing you want to do is run out of ammunition. Most first responders do not
normally carry extra ammunition for their patrol rifle while in uniform.
(1)
It is critical that you, as a first responder, develop a system to carry extra
ammunition, especially ammunition for your most effective weapon
system. You should also load the ammunition into magazines and inspect
it on a regular basis.
(2)
This inspection of the ammunition will allow the spring inside the
magazine to expand and contract adding to the life of the magazine and
ensuring proper functioning.
b.
Medical Equipment: Another critical item you should carry is medical equipment.
This medical equipment should be focused on hemorrhage control. ALERRT
suggests that you carry a minimum of two tourniquets (TCCC approved) and
multiple wound kits, each of which consists of one pair of medical gloves, one
roll of gauze (Kerlix), and one bandage (Ace bandage or Coflex). You can create
individual wound kits by placing the items inside a Ziploc bag. You should also
consider medical shears as part of your overall medical equipment as well as any
combat tested hemostatic agent (such as Combat Gauze). (A.L.E.R.R.T., 2013)
c.
First responders who do not feel it necessary to prepare for the event through
proper training should at least create a system to carry the critical equipment
necessary for an effective response to a worst-case scene.
Non-Critical Equipment
You should also consider the many potential scenarios you could face when responding
to one of these scenes. The following equipment is not an exhaustive list and, depending
on your primary duties, some of it may be categorized as critical.
a.
Breaching Equipment
Breaching equipment can run the gamut from high energy, ballistic, manual tools,
mechanical tools, or to field expedient. Review your department policy and attend
the proper training on many of the systems listed above. Breaching is often
overlooked and first responders are seldom trained in the skill of breaching.
Without the ability to breach into the threat area, you will simply be an observer
while innocent victims are murdered in your presence. The Virginia Tech and
West Nickel Mines, Pennsylvania, incidents are prime examples of the need for a
variety of breaching techniques and tools.
b.
Link-Up/Visual Communication Equipment
Link-up procedures between first responders is one of the most dangerous and
critical tasks given first responders. The use of white light, strobe light, and chemlights can aid in the often-difficult task of reducing confusion between first
responders arriving on scene at different times and entering at different locations.
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c.
Covert Searching Equipment
Once the known shooters are isolated, distracted, or neutralized the building will
need to be cleared to ensure that no other shooters are inside and that all victims
are located and removed from the scene. Equipment such as mirrors to look
around corners and survey tape or fluorescent spray paint to mark areas that have
or have not been cleared can be effective ways of communicating to follow-up
personnel the status of a room or area. Door stops or door markers can be used to
prevent suspects from exiting unexpectedly from behind an outward opening
locked door. In the same way, rope can be used to deter the suspect from exiting
an inward opening door.
d.
Miscellaneous Tools
Everything from duct tape to portable litters can be carried into the scene to aid in
various stages of the response. You are only limited by your own imagination as
to the tools necessary to respond to this type of scene and the practicality of
carrying them in with you.
M.
CROSSING OPEN TERRAIN AS A TEAM
So much emphasis is placed on the first responder’s ability to locate, engage and neutralize the
threat that an important component is often left out. How do we cross dangerous open areas to
get to the threat? (Parking lots, wooded lots etc.) The military has used the technique of
bounding overwatch for years and it has proven to be very effective. Upon arrival first
responders will utilize a T/Y formation in tandem with bounding overwatch to effectively
mitigate open terrain. (P.A.C.O.P, 2013)
1.
2.
Threat Area Coverage and Directed Fire Threat Area Coverage
a.
The need to maximize firepower to the front of an element making its approach to
a point of entry is imperative. As many first responders as possible, on the contact
team, need to be able to cover down on a threat area and address it with directed
fire if a threat materializes.
b.
Staying too tight together in an open area will make it easier for an armed suspect
to take out most or all of the team without ever having to change sight picture.
Increasing intervals and avoiding a linear or stack approach is imperative. These
approaches improve threat coverage and increase the odds of the majority of the
team arriving to the breach point even under heavy fire.
Directed Fire vs. Suppressive Fire
a.
The military uses a tactic known as suppressive fire. Suppressive fire means
sending copious amounts of indiscriminant rounds into the general area of the
enemy’s location. The intent is not necessarily to kill the enemy but to cause him
to seek cover or disengage because of the overwhelming firepower being brought
to bear against him and his current location. This is an extremely effective tactic.
However, it is not necessarily one that first responders can employ when
responding to a Mumbai, Beslan, or Columbine style attack where innocent
civilians are occupying the same ground as the suspects.
b.
Directed fire is a technique somewhat similar to suppressive fire in that it seeks to
neutralize incoming fire from a hostile threat. It may accomplish the same
outcome as suppressive fire—to cause the suspects to seek cover or disengage if
they are not struck by the sighted fire. Directed fire is deadly force fire directed at
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a specific known threat that has been identified by the first responder employing
deadly force. Due to the limited amount of ammunition that they carry, first
responders should be judicious about each round sent down range. Slowing down
the sighted rate of fire to approximately one round per second from any officer
with a clear line of fire and good visibility of the threat increases the team’s
accuracy and minimizes wasted ammo.
3.
Approach Formations
a.
b.
N.
Expanded T/Y Formation
(1)
Same position as the traditional T/Y formation.
(2)
Wing men will still utilize cross-coverage searching techniques.
(3)
Rear guard will free roam in the rear checking points of likely opposition
(P.O.L.O.’s) to assure the team doesn’t pass a threat.
(4)
The space between officers is increased based on the size of location
(parking lot, open field, wooded areas).
(5)
The strike team still needs to communicate from further apart (consider
radio and/or hand signals).
(6)
The T/Y is used to move toward stimuli and/or the threat when the team is
not being actively engaged.
Bounding Overwatch
(1)
When multiple teams are present or if one team can break down into subelements, the bounding overwatch can be a very effective method to close
in on a breach point.
(2)
One team provides cover on the threat areas and the other team advances.
The team providing cover is watching the threat areas and (because they
are stationary) is able to place more precise fire on threats that appear.
(3)
The cover team can even use the barriers they are behind for stabilization
if necessary.
(4)
The team that is advancing should quickly move past the cover team and
to the next available point of cover.
(5)
The advancing team shouldn’t move too far in front of the cover team or
the cover team may not be able to cover them effectively.
(6)
Once the advancing team establishes a position from which to provide
cover, the elements switch roles. This process continues until the breachpoint is reached.
TEAM MOVEMENT ON STAIRS
There are dozens of different techniques used by tactical teams, military units, and home defense
experts to clear a stairwell. Most are adequate and will get the job done. The important thing you
should remember is that a stairwell is nothing more than an ascending or descending hallway
with unsure footing. There are angles both horizontal and vertical and you should work together
to cover them as best as possible.
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1.
Stairwells are choke points and therefore make great ambush sites. When practical you
should limit the amount of first responders on the stairwell. This is easier to do when you
only have to traverse one or two floors. You must have other techniques if your response
requires you to dynamically clear multiple stairwell levels to get to the known crisis point
within the structure.
2.
The following is an example of clearing a stairwell that only requires ascending one or
two levels. The number 1 responder will position himself nearest the inside portion of the
stairwell with his back facing the stairs.
3.
The number 2 responder, making sure not to telegraph his weapon, will line up next to
the number 1 responder facing up the stairs and focused on the first landing (top figure on
the left).
4.
The number 1 responder will take one step back covering the top landing on the stairwell.
Once this area is cleared, the responders will move together up the stairwell as in the
side-by-side two-man movement technique. The number 1 responder can lean against the
handrail for additional support as he traverses backwards up the stairs.
5.
The responders will move together with the number 1 responder focused on the top
landing and upper stairs while the number 2 responder focuses on the first or cutback
landing (second figure on top right).
6.
After clearing the first landing, the responders can focus on the top landing and move
more quickly if this is the top level (third figure above).
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III.
7.
If there are more levels above, the clearing process must continue in an attempt to cover
both horizontal and vertical threat areas. The remainder of the team can now proceed up
the stairwell under the cover of the first two responders.
8.
Multiple Levels
a.
In situations where first responders must ascend multiple levels to reach the
known crisis point within the structure, they could move more quickly using a
leap-frog technique (bottom figure).
b.
This technique will require that the number 1 man post-up and check the angle
directly above the responders as the number 2 responder moves past the number 1
and posts approximately two to four steps above and covers the angles.
c.
The number 3 responder will then pass the number 1 responder and sound off
with “last man” and continue up two to four steps past the number 2 responder
posted in the stairwell.
d.
Once the number 1 responder sees the number 3 responder move behind the
number 2 responder, the number 1 responder will move past the number 2
responder sounding off with “last man” and then move to a position 2 to 4 steps
beyond the number 3.
e.
The cycle will continue until the team reaches its objective. This technique could
be compared to an ascending bounding overwatch. The same technique will be
used for descending stairs.
SUMMARY
By providing officers with a history of active shooter situations and an explanation of the stages an
individual planning one of these types of attacks goes through perhaps some future attacks may be
prevented.
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INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Active Shooter
LESSON PLAN #:
I0296N
STATUS (New/Revised):
Revised-February-2015
1.
Definition of Active Shooter, The National Tactical Officers Association (NTOA, 2014)
2.
Bath School Massacre, Peters, Justin (December 18, 2012). ""We Still Look at Ourselves as
Survivors": More Than Eighty Years Later, Remembering the Deadliest School Massacre in
American History".
Slate.Com. Retrieved January 20, 2014
3.
Kolchak, Carl. (2006). Charles Whitman-The Texas Tower Massacre. Retrieved August 16, 2011
from
http://associatedcontent.com/article/20857/charles_whitman_the_texas_tower_massacre_pg5.html.?ca
t=49
4.
Rosenberg, Jennifer. (n.d.). Columbine Massacre. Retrieved August
http://history1900s.about.com/od/famouscrimesscandals/a/columbine_4.htm
5.
Hauser, C. & O’Connor, A. (2007, April 16). Virginia Tech Shooting Leaves 33 Dead. Retrieved
August 16, 2011 from http://www.nytimes.com/2007/04/16/us/16cnd-shooting.html
6.
"20 children among dead at school shooting in Connecticut". CBC News. December 14, 2012.
Retrieved January 20, 2014
7.
A.L.E.R.R.T. (Advanced Law Enforcement Rapid Response Training) 2013
8.
P.A.C.O.P. (Paramilitary Attack Counter Offensive Plan) 2013
9.
Giduck, John. (2011) When Terror Returns (The History and Future of Terrorist Mass-Hostage
Sieges). Archangel Group Ltd.
10.
Definition of “Surprise”. http://www.webster-dictionary.net/definition/surprise
255
16,
2011
from
256
CJA LESSON PLAN COVER SHEET
LESSON PLAN TITLE:
SRO/Active Shooter Practicals
LESSON PLAN #:
I0296O
TRAINING UNIT:
Police Science
TIME ALLOCATION:
8 hours
PRIMARY INSTRUCTOR:
Anthony Ayers
ALT. INSTRUCTOR:
ORIGINAL DATE OF LESSON PLAN:
STATUS (New/Revised):
Revised/ Feb. 2015
REVISED & SUBMITTED BY:
Anthony Ayers
JOB TASK ANALYSIS YEAR:
LESSON PLAN PURPOSE:
The purpose of the Active Shooter Practicals is to evaluate the participant’s ability to apply the tactics,
techniques and procedures that was taught in the classroom portion of Active Shooter for SROs.
EVALUATION PROCEDURES:
100% participation and successful demonstration and response to Active Shooter drills/scenarios.
TRAINING AIDS, SUPPLIES, EQUIPMENT, SPECIAL CLASSROOM/INSTRUCTIONAL REQUIREMENTS:
257
PERFORMANCE OBJECTIVES
LESSON PLAN TITLE:
SRO/Active Shooter Practicals
LESSON PLAN #:
I0296O
STATUS (New/Revised):
Revised / Feb. 2015
PERFORMANCE OBJECTIVES:
1.
Participate and demonstrate accurate responses to active shooter drills/scenarios.
258
LESSON PLAN EXPANDED OUTLINE
LESSON PLAN TITLE:
SRO/Active Shooter Practicals
I.
LESSON PLAN #:
I0296O
STATUS (New/Revised):
Revised/Feb. 2015
INTRODUCTION
Learning about proper active shooter responses in a classroom setting is beneficial, however in order to
fully understand and learn how to properly respond to these types of situations, scenario based learning
helps to lay the foundation and groundwork one needs to respond to these types of situations if they ever
were to occur in real life setting.
II.
BODY
A.
DEMONSTRATE PROPER RESPONSES TO ACTIVE SHOOTER SCENARIOS
The narrative and practical portion of this lesson plan is based on the “ALERRT Terrorism
Response Tactics Active Shooter Train-the-Trainer v5.3”
III.
SUMMARY
Once a student completes the scenario based training he/she should have a better understanding of how
to respond to an active shooter situation in their role as an SRO. Further training is highly recommended
so the officer can maintain his/her proficiencies in this area.
259
INSTRUCTIONAL CONTENT
BIBLIOGRAPHY
LESSON PLAN TITLE:
SRO/Active Shooter Practicals
1.
LESSON PLAN #:
I0296O
STATUS (New/Revised):
New
ALERRT (2013). “Terrorism Response Tactics Actvie Shooter Train-the-Trainer v5.3”
260
CJA PRACTICAL EXERCISE
LESSON PLAN TITLE:
SRO/Site Assessment Evaluation
LESSON PLAN #:
I0296P
PRACTICAL EXERCISE TITLE:
School Site Plan Security Assessment
TIME ALLOCATION:
4 Hours
STATUS (New/Revised):
Revised-Feb. 2015
PURPOSE OF EXERCISE:
To have officers utilize and apply Crime Prevention Through Environmental Design to their schools, then
conduct a site Assessment review.
LEARNING OPPORTUNITIES:
Group Discussion
Security Assessment
EVALUATION OPPORTUNITIES:
The Instructors will oversee the group work and observe the group presentations, and the class will assess
each group’s work.
INSTRUCTOR’S ROLE/NUMBER OF INSTRUCTORS REQUIRED:
2 Instructors – To oversee the groups and provide input on their conclusions
LOCATION OF EXERCISE (Classroom, Parking Lot, Firing Range) AND EQUIPMENT NEEDED:
Classroom
Blue Prints and/or Site Plans
261
PRACTICAL EXERCISE DESCRIPTION
CLASS TITLE:
SRO/Site Assessment Evaluation
PRACTICAL EXERCISE TITLE:
School Site Plan Security Assessment
Note: This is a detailed narrative and must indicate critique points. You must attach the Student
Performance/Evaluation Sheet if used.
Narrative:
The class will be divided into 4 groups, and each group will have a School Site Plan. Each group will be
required to look over the School Site Plan and document areas where Crime Prevention Through Environmental
Design has been used effectively and could be utilized more effectively. Each group will then present their
finding before the class.
Critique Points:
1.
Each group will be assigned a School Site Plan where they must utilize Crime Prevention Through
Environmental Design Concepts and Strategies.
2.
Each group is to assess their School Site Plan and list areas where Crime Prevention Through
Environmental Design was used effectively.
3.
Each group is to assess their School Site Plan and list areas where Crime Prevention Through
Environmental Design was not used effectively, and how it could be improved.
4.
Each group will present their findings before the class, and the class will determine whether the group
assessment is complete and accurate.
262