Police Administration
CRIM 340-50
Thomas N. Davidson, J.D.
www.thinblueline.ws
The degree to which a society achieves public
order depends in part on the price society is
willing to pay to obtain it.
 Resources committed to crime suppressions,
detection, and prevention.
 The extent to which people are willing to accept
a reduction in civil liberties.
In a free society there is a constant tension
between its government’s legitimate police
function and its citizens’ liberty interests. It has
and will be with us and it will never go away. It
is a source of conflict that must be understood
by both the police and the population in order
for it to be controlled.
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Disorder-control: Need to suppress mob rule
and violence.
Crime-control: Threats to public order create a
climate of fear.
Class-control: Police reinforce class-based
economic exploitation. Labor provided the fuel
for capitalism, yet were perceived as
dangerous.
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Ancient Era 3000BC to 400AD
Kin policing derived from the power and
authority of kinship systems & rule by elders.
The family of the offended individual was
expected to assume responsibility for justice by
punishing the offender.
Egyptian rulers used elite units of the military
as bodyguards.
In Mesopotamia, captured Nubian slaves were
used as guards.
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The Greeks had a sort of highway patrol and
trials.
The Hebrews developed the Mosaic Law.
The first organized police department is
believed to be the Roman vigils around 27 BC.
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Middle Ages 400 A.D. – 1600 A.D.
Either no system or:
Gendarme System in France were agents of
the crown.
Pledge System in England by Alfred the Great;
each person is pledged to perform some kind
of police work unless excused by the shirereeve.
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Tithing system 1066 A.D. (frankpledge)
All the men over 12 in a village formed a
tithing.
10 tithings organized into a hundred supervised
by a constable.
10 hundreds were organized into a shire
supervised by the shire-reeve.
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Statute of Winchester of 1285
Required every able-bodied man to possess a
weapon (assize of arms).
Everyone in the countryside accountable in
assisting with apprehension of criminals (hue
and cry system).
Established a watch and ward night patrol to
augment daytime constables (watch system).
Formalized the parish constable system
(frankpledge system).
Colonial Era 1600 A.D. – 1800 A.D.
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Adopted the watch system.
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Shire-reeves became sheriffs.
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Towns had constables who organized
watchmen.
Like the English system, the American system was
characterized by:
1.
Limited authority causing legitimacy problems.
2.
Decentralization. Local control & varation.
3.
Fragmentation. One hand doesn’t know . . .
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English Police Reform
Bow Street Runners (1st detectives 1750).
Creation of the 1st professional police
department in 1829. Created by Sir Robert
Peel, the officers were called Bobbies or
Peelers.
Sir Robert Peel
Known as the father of modern policing
Peel established the Metropolitan Police Force for London
based at Scotland Yard 1829. The 1,000 constables
employed were affectionately nicknamed 'Bobbies' or,
somewhat less affectionately, 'Peelers.' Although at first
unpopular, they proved very successful in cutting crime
in London, and by 1835 all cities in the UK were being
directed to form their own police forces. Known as the
father of modern policing, Robert Peel developed the
Peelain Principles which defined the ethical
requirements police officers must follow in order to be
effective. His most memorable principle was, "the
police are the public, and the public are the police."
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The basic mission for which the police exist is to
prevent crime and disorder.
The ability of the police to perform their duties is
dependent upon public approval of police actions.
Police must secure the willing co-operation of the
public in voluntary observance of the law to be able to
secure and maintain the respect of the public.
The degree of co-operation of the public that can be
secured diminishes proportionately to the necessity of
the use of physical force.
Police seek and preserve public favour not by catering
to public opinion but by constantly demonstrating
absolute impartial service to the law.
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9.
Police use physical force to the extent necessary to
secure observance of the law or to restore order only
when the exercise of persuasion, advice and warning
is found to be insufficient.
Police, at all times, should maintain a relationship with
the public that gives reality to the historic tradition that
the police are the public and the public are the police;
the police being only members of the public who are
paid to give full-time attention to duties which are
incumbent on every citizen in the interests of
community welfare and existence.
Police should always direct their action strictly towards
their functions and never appear to usurp the powers
of the judiciary.
The test of police efficiency is the absence of crime
and disorder, not the visible evidence of police action
in dealing with it.
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Spoils Era 1800 A.D. – 1900 A.D.
Large scale social changes in America.
Politicians control the police.
Riot control function because of race and ethnic riots
between 1835-1890s.
1845 New York City paid professional policing.
Pre civil war Paddy-Roller slave catchers.
1911 motorized.
1845 saw beginning of state and federal agencies:
Texas rangers, Border Patrol, IRS.
Pendleton Act of 1883 sought to end the spoils system
in the federal government.
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Progressive Era 1900 A.D. – 1920 A.D.
Spoils system replaced by civil service.
1902 formation of IACP.
Attempts to foster professionalism.
Chief Vollmer of Berkeley champions
professionalism 1918.
FOP created in 1915.
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Gangster Era 1920 A.D. – 1950 A.D.
18th Amendment (Prohibition) 1919.
Great depression 1930s.
Vice control.
Wave of bank robberies, kidnappings,
bootlegging.
Rise of the “G-men.”
Elliot Ness-Prohibition Bureau.
J. Edgar Hoover-FBI.
Elliot Ness
J. Edgar Hoover
August Vollmer
Vollmer earned the reputation as the "father of U.S.
modern law enforcement.” He was the first chief to
require that police officers attain college degrees, and
persuaded the University of California to teach criminal
justice. In 1916, UC-Berkeley established a criminal
justice program, headed by Vollmer. Vollmer was also
the first police chief to create a motorized force, placing
officers on motorcycles, and in cars so that they could
patrol a broader area with greater efficiency. Radios
were included in patrol cars. He was also the first to
use the lie detector, developed at the University of
California, in police work. Vollmer supported programs
to assist disadvantaged children, and was often
criticized for his leniency towards petty offenders such
as drunks and loiterers. He also encouraged the
training and employment of female and African
American police officers.
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The Wickersham Commission was established in May of 1929
when President Herbert Hoover appointed George W. Wickersham
(1858-1936) to head the National Committee on Law Observation
and Enforcement, popularly called the Wickersham Commission.
The Commission was an 11-member group charged with
identifying the causes of criminal activity and to make
recommendations for appropriate public policy. The emphasis was
almost entirely on the widespread violations of national alcohol
prohibition.
The report was almost entirely written by Vollmer. Among other
things the report included various ideas for police reform including:
Personnel standards (for cause removal only).
Communications and records.
Separate units for crimes of vice and juveniles.
State information bureaus.
Training academies.
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Revolutionary ERA 1960 A.D. – 1970 A.D.
Civil rights struggle.
Assassinations, mass & serial murders.
100 officers killed a year ILOD. 300 citizens a
year killed by police.
The process of Incorporation.
Miranda.
The exclusionary rule.
Law enforcement Assistance Administration
(LEAA) & Law enforcement education
prograam (LEEP)
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Current Era 1970 A.D – Present
Police community relations.
Diversity in police departments.
MBO.
Knapp Commission
War on drugs.
War on terror.
Technology.
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18,000 different agencies ( UK with ¼ of US
population has 43 agencies).
Fragmented (UK all agencies administered by
the Home Office).
Federal agencies.
State agencies.
County sheriffs.
Local police agencies.
Special police.
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Nationally, sworn officers account for 69.5
percent of PD personnel.
Nationally, police to population ratio rural and
city is: 2.4 per 1000.
Indiana has 146 local PDs.
The "thin blue line" is the collective group of law
enforcement officers (LEO), correctional
officers, prosecutors and others in the criminal
justice system that separate and
protect society from anarchy.
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1970 through the 80’s police generally used the
professional model.
Patrol from cars, aloof, impartial, everybody
gets the same treatment.
Rising crime rates
Broken windows policing emerged
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Commitment to crime prevention
Public scrutiny of police
Accountability of police action to public
Customized police service
Community organization
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Number of police does not lower crime rate or
solve more crimes.
Random patrol neither lowers crime or
increases chances of catching criminals.
2 person patrol cars are not safer and do not
lower crime rates.
Saturation patrols do not lower crime it
displaces it.
Improving response time has little effect in
solving crime.
Police cannot control:
1.
The time it takes from when the crime occurs
to when it is discovered;
2.
The time it takes from when it is discovered to
when it is reported to police
Scanning
Analysis
Response
Assessment
Each problem will likely not
only involves crime, but a
wider community social issue.
Clean up the community, people will take pride, &
criminals will be displaced.
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Lack of definition.
Lack of community.
Role confusion and low morale.
Expensive.
Lack of credible evaluation.
Conflict with accreditation standards.
Crime Prevention
Crime Deterrence
Likelihood
Desire
Ability
Desire
of being
caught
Opportunity
Gravity of harm if caught
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Outputs are work product like the number of
traffic tickets issued, crashes investigated, or
the number of criminals arrested.
Outcomes are the results of outputs. Crime
and accident rates for example.
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Crime Specific Analysis-pattern of reported
crime.
Link analysis-Associations among people.
Telephone Toll Analysis.
Visual Investigative Analysis (VIA) charting key
criminal events in chronological order.
Case Analysis and Management Systemcomputerized to clarify relationships &
calculate probability of associations.
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Politics
Economy
Competing agencies
Community groups
Governments: federal, state, & local
Unions and associations
Review boards
Judicial review
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Prior to the 60’s the Bill of Rights restricted and
regulated only the federal government.
Through a series of cases in the 60’s, the
Warren Court began incorporating USC
protections to the states through the due
process clause of the 14th Amendment.
Section. 1. All persons born or naturalized in the
United States and subject to the jurisdiction
thereof, are citizens of the United States and of
the State wherein they reside. No State shall
make or enforce any law which shall abridge
the privileges or immunities of citizens of the
United States; nor shall any State deprive any
person of life, liberty, or property, without due
process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
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Procedural Due Process can be boiled down to
notice of the charges and an opportunity to be
heard.
Substantive Due Process means the
procedures must be in content and conducted
“fairly.”
Constitutions
1.
Federal
2.
States
Legislated
1.
Federal
2.
State
3.
Local
Common law (Case law)
1.
Federal
2.
State
Administrative law
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Judicial – interprete laws
Executive – execute and enforce laws
Legislative – create and pass laws
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Congress or legislature delegates authority to
the administrative agency through an enabling
statute.
Laws must be tailored to the mission of the
agency.
Must be properly promulgated.
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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 .
Any search conducted without a warrant is per
se illegal unless an exception exists.
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Search incident to a lawful, custodial arrest
Voluntary consent and waiver
Search of a vehicle with probable cause
Inventory after lawful impoundment of a vehicle
Stop and frisk searches (Investigatory Detention)
Plain view, smell & touch
Open fields
Exigent circumstances - hot pursuit
Abandoned property
Protective sweep
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in
the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put
in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public
use, without just compensation.
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Custodial Interrogation.
The person in custody must, prior to interrogation, be
clearly informed that he or she has the right to remain
silent, and that anything the person says may be used
against that person in court; the person must be clearly
informed that he or she has the right to consult with an
attorney and to have that attorney present during
questioning, and that, if he or she is indigent, an
attorney will be provided at no cost to represent him or
her. Additionally, the officer must ask whether the
person understands their right and will consent to
questioning.
Weeks v. United States, 232 U.S. 383 (1914).
First used in federal case.
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Mapp v. Ohio, 367 U.S. 643 (1961) Made
applicable to the states.
Rationale
1.
Dirty Hands
2.
Deterrence
3.
Way to enforce constitution
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Indiana EVIDENCE RULE 617
Applies to custodial interrogations of felony suspects conducted after
January 1, 2011 that occur in a place of detainment. Interrogation must be
audio and video taped. (Exceptions).
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No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in
the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put
in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public
use, without just compensation.
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Prohibition from being tried twice for crimes
arising out of the same set of facts.
Prohibition from increasing a penalty ex-post
facto.
Dual sovereignty.
8th Amendment: Excessive bail shall not be
required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
1.
Guarantee defendant’s appearance.
2.
Public safety.
Presumed innocent means that the defendant is
not judged guilty of a crime and punished
unless convicted BRD or he pleads guilty to it
in the criminal courts.
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Beyond a reasonable doubt.
Clear and convincing evidence.
Preponderance of the evidence.
Probable cause.
Articulable suspicion.
Good faith belief.
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There are four traditional types of evidence:
real evidence (tangible things like a weapon),
demonstrative (a model or photograph),
documentary (a writing or other document),
and testimonial (testimony by witnesses).
Circumstantial Evidence - Testimony not based
on actual personal knowledge or observation of
the facts in controversy, but of other facts from
which deductions are drawn, showing
indirectly the facts to be proved.
Ethics can be defined as a branch of philosophy
that is concerned with the study of what is
morally right and wrong, good and bad. The
term comes from the Greek root ethikos, which
means character.
Act or omission.
 Cognitive Dissonance.
 Rationalization that transforms the act or
omission to being ethical.
Cognitive dissonance is a psychological term
which describes the uncomfortable tension that
comes from holding two conflicting thoughts at
the same time.
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E is the ethical decision to be made.
P is the principle.
J is the justification of the situation.
Square on the value of J is proposed to allow
for justification to be ratcheted up or down
depending on the power of accentuating or
mitigating factors.
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4.
E = Death penalty.
P = Sanctity of Life.
J = Protect Society
Deterrence (A)
Retribution (A)
Extinguishes risk of escape and other
transaction costs of incarceration. (A)
Killing is intrinsically evil even when done by
the government. (M)
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16,272 murders reported to police in USA in
2008.
37 executions carried out in 2008.
111 convicted murders sentenced to death in
2008.
3,215 inmates on death row in 2008.
1977 to 2007 only 19 of 94 inmates given a
death sentence in Indiana were executed
(20%). California 13 of 802 (1.6%)
Police Ethical Models
1.
Law.
2.
Code of conduct.
3.
Rules, regulations, & standard operating
procedures.
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Depends on one’s moral commitment to both
society and the agency served.
Indiana’s Tort Claims act gives officers
immunity from liability for using discretion as to
whether to enforce or not enforce a law.
Special Relationship doctrine.
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Notice of tort claim 270 days for state; 180 days for
political subdivision.
IC 34-13-3-3 Immunity of governmental entity or
employee: The performance of a discretionary function;
The adoption and enforcement of or failure to adopt or
enforce a law, unless the act of enforcement
constitutes false arrest or false imprisonment; and an
act or omission performed in good faith and without
malice under the apparent authority of a statute which
is invalid if the employee would not have been liable
had the statute been valid.
The Act provides for 23 express instances of immunity.
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A cultural subgroup differentiated by status,
ethnic background, residence, religion, or other
factors that functionally unify the group and act
collectively on each member.
The existence of a subculture suggests that
officers share a number of attitudes, values,
and beliefs that separate them from other
members of society. These attitudes, values,
and beliefs are transmitted from one generation
to the next through a process of socialization.
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Principled-Based Management: philosophy of
management that is based on ethical
principles, enlightened reasoning, moral
responsibility, & good faith.
Integrated Thinking: Based on reasoning and
deductive logic independent of bias or interest.
Moral Agility: ability to distinguish between
shades of moral choices.
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The public does not have a constitutional right
that the police will tell the truth.
Public Policy: undercover officers.
Lying by the police during interrogation can be
used as a factor to determine whether any
statements were coerced.
Lying under oath, however, is a crime (perjury).
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Acceptable when innocent lives are at stake; or
When a lie can help achieve a higher moral
value, such as national secrets, helping a
patient recover, or sustaining vital family
relations.
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What is the benefit to be gained by deceiving
the suspect?
What is the likelihood the deception will be
discovered?
What are the possible consequences if the
deception is discovered?
If the deception is discovered, is there a way to
recover from it?
Is there an alternative to deceiving the
suspect?
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Serves a legitimate purpose.
Nexus between lie and purpose.
Deception serves the public interest.
Does not violate law.
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Justifiable Inequality: unequal treatment
necessary to serve legitimate social or
governmental interests.
Unjustifiable Inequality: unequal treatment that
does not serve a legitimate social or
government interest.
Discrimination: injurious treatment of people on
grounds irrelevant to situation.
Stereotyping: automatically treating someone
as an exact duplicate and assigning
characteristics of a group to which he belongs.
The Gates case raised new and revived old
questions regarding police profiling and factors
that lead to articulable suspicion and probable
cause.
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Egoism: the theory that people will naturally
act only in fulfillment of their self interest (self
love).
Authority: the right to control others.
Power: the means to control others.
The sum of these three factors often leads to
abuse of power by police.
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Antidote for natural egoism.
Responsibility for the cause of their actions.
Accountability for the manner in which duties
are carried out.
Obligation to follow the law & rules.
Deadly force by police is justified:
1.
To protect/defend oneself or a third party from
the threat of immanent serious bodily injury or
death;
2.
To interdict a forcible felony;
3.
To apprehend a fleeing forcible felon once less
lethal means of capture have failed, and
suspect will get away if you don’t (provide a
warning whenever possible.).
On my honor, I will never betray my badge, my
integrity, my character or the public trust. I will
always have the courage to hold myself and
others accountable for our actions. I will
always uphold the constitution, my community,
and the agency I serve.
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Honor: one’s word is given as a guarantee.
Betray: breaking faith.
Badge: symbol of office.
Integrity: adherence to a set of values.
Character: individual qualities. . .
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Courage: having the strength to withstand
unethical pressure, fear, or danger.
Accountability: answerable and responsible.
Community: Your jurisdiction.
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Malfeasance: direct misconduct.
Misfeasance: improper performance.
Nonfeasance: failure to act or live up to
responsibilities.
Grass Eaters: takes what comes along.
Meat Eaters: aggressively exploiting for gain.
Code of Silence: conflicting loyalties causing
officers not to report misconduct by other
officers.
Secure and stable life within an orderly
community. Focus is on social norms and legal
sanctions.
Collective concern for superior values within the
realm of the spiritual. Focused on the
principles of humanity, fairness, and
righteousness, among other standards of
civility.
A vision of law enforcement by which hard
working police diligently handle each case on
its merits.
Bureaucratic garage sale model. CJS awash in
arbitrary and irrational decision-making.
Questionable motives for making arrests,
deviance by police, railroading, revolving door
practice of courts, and the failure of
corrections.
Practiced for personal gain or comfort.
Gratuities, bribery, thefts, and dishonesty.
Knowingly violating rules and regulations for
egotistical purposes. Abuse of power and
authority, crude, and self aggrandizement
(increase one’s power, influence, or status).
I have interview over 700 prospective police
officers. When asked “Why do you want to be
a police officer?” The answer is always some
variation of “I want to help people.” These are
sincere answers. How then do some of these
young idealistic men and women become
corrupt or brutal?
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Egoism.
The job does not live up to expectations, so the
officers try to stimulate their professional
experience.
Disillusionment (public, courts, administration).
Greed.
Anti-social personalities (sociopaths).
Apologia.
Corrupt subculture.
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Talk about ethics.
Search for the truth.
Demand ethical solutions.
Create an environment conducive to civility.
Don’t laugh at unethical statements or jokes.
Reinforce ethical principles.
Monitor your commitment to justice.
Must be rendered first and foremost by you.
Modeling.
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Police have a property interest in their jobs.
Cannot be terminated or disciplined without
due process.
Internal Investigation
1.
Founded
2.
Unfounded
3.
Exonerated
4.
Not determined.
By invoking the Garrity rule, the officer is invoking
his or her right against self incrimination. Any
statements made after invoking Garrity, may
only be used for department investigation
purposes and not for criminal prosecution
purposes. The Garrity Rule stems from the
court case Garrity v. New Jersey, 385 U.S. 493
(1967), which was decided in 1966 by the
United States Supreme Court. It was a traffic
ticket fixing case.
Criminal Investigation
Interview
Criminal Investigation
Internal Investigation
Internal Investigation
Interview
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1.
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For private employers there is no 4th Amendment or
other constitutional issues.
Look to your state law for prohibition or regulation on
drug testing.
Government employers must be cognizant of USC
issues:
Articulable suspicion
Safety sensitive employees
Watch out for tort traps such as false imprisonment,
IIED, defamation, & wrongful termination.
In general, last chance agreements are
probationary contracts negotiated by an
employer with an employee who faces
termination or serious discipline. The employer
agrees not to execute the discipline, and the
employee promises to rehabilitate his or her
performance in definite ways. Last chance
agreements usually contain a clause by which
the employee waives his or her right to any
administrative disciplinary appeal if the
employee violates the agreement within a
distinct timeframe.
The courts have found: 1) employees may voluntarily
waive their statutory rights; 2) the fact that an employee
may face serious discipline or termination does not
nullify the voluntariness of the agreement; 3) employers
may not illegally discriminate, negotiate in bad faith,
abuse discretion or engage in prohibited personnel
practices; 4) employers must inform the employee of
the alternatives and consequences of the agreement
and not misstate the employees options; 5) to avoid
findings of unfair arbitrary and capricious agreements,
the agreements should not be open ended (usually one
year) and be directed towards correcting the
employee’s specific behaviors, conduct and derivative
unsatisfactory performance; and 6) there must be
review for determining whether the agreement was
breached by the employee




Counseling
Discipline: reprimand, suspension (with or
without pay), transfers (shift, location, duty
assignment), demotion, pass-over for
promotion, suspend personal use of car, and
termination
Civil penalties: state tort law & Section 1983
violation of civil rights suits.
Criminal penalties: fines, probation, restitution,
and imprisonment.


Cannot be filed against the state, but it can
against its employees.
Cannot be filed against the Federal
Government. Claims against the federal
government employees are brought under the
Federal Tort Claims Act ( 28 USCA §§ 1346;
2671 -2680). These are often called Bivens
actions named for a USC ruling.




Person – (individual officers and local
government entities may be sued) acting under
Color of Law – (misused powers under
auspices of state & local law) Willful or wanton (negligence is not enough)
action that Violated US constitutional right or right
protected under federal law of a person
(corporations are not protected).



States are not persons under §1983.
Sovereign immunity – cannot file a lawsuit in
federal court against the state without its
permission (11th Amendment).
Qualified immunity – Officials cannot be liable
for performing discretionary functions
(ministerial duties not covered).



Decision is made;
No clearly established constitutional right
exists;
The right was clearly established, but the
officer could not reasonably have known that
his conduct was violating that right.
Claims of excessive use of force by police invoke
protections under the 4th Amendment.
The question is decided by whether the officer’s
actions are objectively reasonable in light of the
facts and circumstances confronting them,
without regard to motivation. An allowance
must be made for the fact that officers are
forced to make split-second decisions.
Graham v. Connor, 490 US 386 (1989).




Injunctive relief
Money damages
Punitive damages
Attorney fees for prevailing party





Legal duty
Breach of duty
Proximate cause
Injury
Identifiable damages




Contributory negligence (State of Indiana)
Comparative negligence (Private and political
subdivisions).
Assumption of Risks.
Proof by preponderance of the evidence.



Quakenbush v. Lackey, 622 N.E.2d 1284
(1993) (Overruling Seymour Nat’l Bank v.
State, 422 N.E.2d 1223 (1981) the Public –
Private duty test-officer owes private duty while
responding to calls.)
Minks v. Pina, 709 N.E.2d 379 (Ind. Ct. App.
1999).
Conner v. State, 724 N.E.2d 1125 (2000)
(dispensing with private-public duty test).
Abandoning assault victims when
reoccurrence is likely.

Abandoning children when parent is arrested.

Assurances of protection.
Knowledge, risk is foreseeable, police give
direction, person changes their action to abide
by the direction, and is harmed.





County of Sacramento v. Lewis, 118 S.Ct. 1708
(1998). Section 1983 USC case.
Reiterated that negligence is not enough,
conduct causing the harm must be deliberate,
willful, or wonton.
4th Amendment “objective reasonableness” test
did not apply since chase was not a seizure.
Chase with no intent to harm does not violate
due process.














Reason for the pursuit.
Type of pursuing car and training of driver (unmarked?).
Urban/Rural.
Hills, sharp corners.
Traffic – pedestrians present?
Construction areas.
Intersections.
Schools.
Likelihood of apprehension at another time.
Weather.
Speeds involved and recklessness of offender.
Pursuer's knowledge of location.
Adequate communication and equipment.
Alternative methods tried, available.



Preemption means stopping a vehicle's
opportunity to flee.
Control means measures designed to make
continued apprehension efforts safer.
Termination means measures designed to
bring a fleeing vehicle to a stop.






Stop sticks - tire deflation.
Pursuit intervention technique (spin out).
Boxing in.
Ramming (Use of force).
Channelization.
Barricades.



Severely restrict pursuits
Set standards with supervisory control
Minimal standards.
Pursuit Phases: 1983 Study-5 stages that
precede a pursuit.
 Commission of a violation or crime.
 Observation by the police.
 Suspect becomes aware of the police.
 Violator deciding to flee.
 Police deciding to chase.




Pre-pursuit Phase - the time between the decision to
stop and the officer's recognition that the suspect is
going to flee. What actions can the officer take to
reduce the risk of the pursuit taking place?
Communication Phase - the time between the start of
chase and arrival of back up officers.
Arrival of Resources Phase - the period when assisting
personnel and equipment arrive to attempt to terminate
the pursuit.
Post-pursuit Phase - the time after the pursuit ends and
actions by the police after the chase ends.
IC 34-13-3-4 (a) The combined aggregate liability of all governmental
entities and of all public employees, acting within the scope of their
employment and not excluded from liability under > section 3 of
this chapter, does not exceed:
(1) for injury to or death of one (1) person in any one (1) occurrence:
(A) three hundred thousand dollars ($300,000) for a cause of action
that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of action that
accrues on or after January 1, 2006, and before January 1, 2008;
or
(C) seven hundred thousand dollars ($700,000) for a cause of action
that accrues on or after January 1, 2008; and
(2) for injury to or death of all persons in that occurrence, five million
dollars ($5,000,000).
(b) A governmental entity or an employee of a governmental entity
acting within the scope of employment is not liable for punitive
damages.
Notwithstanding any other law, a political
subdivision (among others) is not liable for
damages in a civil action or subject to criminal
prosecution resulting from death, injury, or loss
to persons or property incurred by any person
in connection with establishing, developing,
implementing, maintaining, operating, and
providing enhanced wireless 911 service in
compliance with the requirements established
by the FCC order and rules adopted under the
FCC order, except in the case of willful or
wanton misconduct.




IC 34-13-4-1 Personal civil liability under civil
rights laws of employee acting within scope of
employment.
Government entity had an opportunity to
defend.
Non-criminal act.
Consistent with public policy the agency will
pay the judgment and costs.





Job task analysis – screening, training, testing.
Job descriptions & performance evaluations.
Risk control program.
Policy development.
Risk reduction strategies – avoidance,
prevention, reduction, & transfer.
The First Amendment of the federal constitution
provides the news media and all citizens
certain rights of free speech and press. The
media, however, does not have an unlimited
right to engage in the collection of news
material. “Newsmen have no constitutional
right of special access to the scenes of crime
or disaster when the general public is excluded
. . .” Brandzburg v. Hayes, 408 U.S. 665, 684685 (1972). However, once the news media
has acquired information from a critical incident
or other source, it will be difficult to prevent its
publication. Bantam Books, Inc. v. Sullivan,
372 U.S. 58 (1963).



Federal: US Attorney may bring a charge only
through a GJ Indictment.
State: Prosecutor may bring a charge either by
filing an Information or by GJ Indictment.
Prosecutor has absolute discretion on whether
to bring a charge, but must have PC if he
decides to bring a charge.
The FBI defines terrorism as the unlawful use of
force or violence against persons or property to
intimidate or coerce a government, civilian
population, or any segment thereof in
furtherance of political or social goals. It is
widely acknowledged that a variety of
definitions exist for terrorism. Most definitions
contain the following elements: 1) use of
violence or threat of violence, 2) coercion of a
target group; 3) achievement of goals of a
political, a religious, or an ideological nature.
Generally, there are four elements necessary to
precipitate violence by domestic “hate” groups:
1) the group is based on a false premise, such
as there is no hope for the future; 2) the group
must have a charismatic leader; 3) the leader
will pin-point all “trouble” as being caused by a
particular group, such as the Jewish society;
and, 4) some event to rally and excite the
group, such as a confrontation between police
and some other right-wing extremist.



Suicidal personality. Does not care if he/she is killed,
and may cause someone else to fulfill his death wish.
Vengeance Seeker. Driven by an irrational purpose.
His hostage taking scheme is normally well-planned.
Incidents involving this type of hostage taker pose a
high probability that it will require a police assault to
resolve. The vengeance seeker often falls in the
category of “homicide to be”.
Disturbed individual. This person’s hostage taking
motives and methods may be illogical and improvised.
There are two common psychotic disorders associated
with many hostage takers: 1) paranoid schizophrenia,
and 2) manic-depressive Illness.



Cornered perpetrator. A bank robbery suspect, for
example, unexpectedly is confronted by the police,
retreats back into the bank, and has no escape.
Aggrieved Inmate(s). These incidents may be well
planned or spontaneous.
Extortionist. The kidnapper is usually motivated by
greed. The kidnapper’s location is usually not known to
police, he usually is not contained, and usually only
communicates with the victim’s family, even if the police
are present. Police negotiators seldom talk to the
kidnappers directly because they usually require the
family to not call the police as a prerequisite for not
killing the kidnap victim.


Social protester. This person is likely to be a
young educated person. This hostage taker
wants to eliminate social injustice. Normally,
this hostage taker will take the hostage in a
group at the location of the unwanted entity or
event or where the protest is most visible.
Fanatic. This person believes in a cause and
is usually willing to kill and die for the cause.
This hostage taker can be characterized as an
Ideological Zealot.

Terrorist Extremist. Hostage taking by terrorist groups
are well planned, probably brutal, and the hostage
takers are willing to kill and die. The intent of political
hostage takers is to get as much publicity as possible
for their cause. The incidents are well planned and
organized. In political terrorism, the hostage takers
attempt to demonstrate to the public that the
government is unable to protect its own citizens. Often
the demands of the hostage takers go beyond the
authority of local police. It is the hope of the terrorists,
who are virtually guaranteed of media coverage, that
after several hostage incidents, that the government
will overreact and become excessively restrictive with
its own citizens, thus causing civil discontent.
Major Incidents of School Violence
Olivehurst, California 5/1/92
Grayson, Kentucky 1/18/93
Moses Lake, Washington 2/2/96
Bethel, Alaska 2/19/97
Pearl, Mississippi 10/1/97
Paducah, Kentucky 12/1/97
Jonesboro, Arkansas 3/24/98
Edinboro, Pennsylvania 4/24/98
Fayetteville, Tennessee 5/19/98
Springfield, Oklahoma 5/21/98
Littleton, Colorado 4/20/99
Nickel Mines, Pennsylvania 10/2/06
Tacoma, Washington 1/3/07

“It’s not your father’s high school” was the reply when a young
man was asked why there seems to be more violence in schools
today. He explained that his high school was large, there was very
little individual attention (unless you were popular, a scholar or an
athlete) from staff, there was a double standard and open,
tolerated prejudice against those who were somehow “different”.
“One group picks on another, no one will help you, sometimes
your thoughts turn to revenge and how easy it would be to get
even.” “Don’t get me wrong, I don’t think what they did was right,
but I understand why they did it.”

Reference to Dylan Kiebold and Eric Harris regarding the Littleton,
Colorado school shootings, April 20, 1999.






Gun-free zone legislation.
Develop safe routes to and from school (police,
business & parent volunteers).
Campaign to break the student code-of-silence
with respect to weapons, et cetera.
Metal detectors.
Plastic see-through book bags.
Standardized school incident report forms.








Pre-arranged safe area for evacuated students.
School floor plan readily available.
Establish a parent staging area.
Prohibit book-bags in classrooms. (Leave them in
lockers.) Weapons are easily concealed in book-bags.
Cellular or digital telephone in the classroom for
emergency calls.
If practical, leave doors to hallways open during class
so that a passerby could notice and alert someone of
trouble in the classroom.
If trouble or gunfire erupts somewhere else in the
school, shut the classroom door if evacuation is not a
safe option. Do not send a student to investigate.
Effective discipline policy and Alternative Dispute
Resolution (ADR).








Personal-level intervention. Discussions with bullies
and victims.
Establish a method for persons to report
(anonymously) suspicious activity.
Whenever possible, eliminate dark, secluded and
unsupervised areas.
Be aware of who is in the school and why.
No one should be able to walk right into the office or
roam the halls.
Set up reception areas for visitors.
Install door sensors and cameras (target hardening).
Establish a “safe room”. A safe room is a room where
faculty, staff, students, et cetera can go for assistance.
This room should have doors that will lock, more than
one way out and a telephone.




Social skills, anger management techniques training for
students.
Establish a zero tolerance policy for violence,
threatening behavior, guns, drugs and alcohol.
Institute an Anti-Bullying Program. Bullying is the
repeated, negative acts committed by one or more
children against another. The acts may be physical or
verbal. Studies suggest that there are both short and
enduring consequences of bullying for both the victims
and bullies. Chronically victimized students may, as
adults, be at increased risk for depression, poor selfesteem and other mental difficulties. Bullies have been
found to have a greater drop out rate and increased
risk for violence and delinquency.
School level intervention. Increase supervision and
school-wide anti-bullying awareness and training.

A critical incident is an event involving potential
or actual injury, death, or property damage
requiring an exceptional emergency response.
There are two major categories of critical
incidents: 1) natural disasters (such as floods,
earthquakes, fires); 2) human-caused
emergencies (such as plane crashes,
hazardous material spills, riots, hostage
incidents).

One of the most important phases of managing a
critical incident occurs prior to the event’s
occurrence, and that is the planning phase. In
terms of Critical Incident Management, planning
means preparing. The elements of pre-planning
include: 1) evaluation and assessment of the
Department’s capabilities and equipment; 2) clearly
worded policy and procedure statement(s); and 3)
training and equipping patrol officers, negotiators,
emergency response teams, public information
officers, victim management personnel, and critical
incident commanders.

There are four phases of critical incident
response: 1) Response Phase - isolate,
contain, control, and communicate; 2)
Deployment Phase - deploy special units, and
establish perimeters and command post
established; 3) Negotiation Phase - attempt to
contact suspect and negotiate a resolution;
and, 4) Resolution Phase - the suspect
surrenders, or a rescue attempt/assault is
conducted.

Next to a rescue attempt, the first 15 to 20
minutes of a crisis situation is the most
dangerous. Confusion, fear, anger, frustration,
and excitement among suspect(s), victim(s),
and police may exacerbate the situation. Time
is needed to help the situation to stabilize.

Research and experience indicate that many
critical incident commanders acquiesce to the
pressure to do something. This pressure has
also been called the “action imperative.” The
pressure comes from the news media, family of
victims, officers, S.W.A.T., internal feelings and
“higher ups.” Once the assault takes place, often
with someone being injured or killed, unprepared
commanders commonly find themselves
scrambling to articulate concrete reasons for why
the assault was authorized. Suicidal persons, who
were threatening no one but themselves, have
been killed by police trying to “rescue” them.










The suspect deliberately commits an action that he knows will cause a
police response or confrontation.
The victim is known and specifically selected by the suspect, especially if
the suspect has had a romantic involvement with the victim, or if the victim
is a family member.
There is a past history of problems between the suspect and the victim
severe enough to warrant police intervention, especially if the problems
involve allegations of wife or child abuse and/or the victim has filed a
complaint against the suspect.
The suspect makes direct threats against the victim, combined with no
substantive demands.
The suspect has a history of previous similar incidents.
The suspect has experienced multiple recent life stressors, such as
financial loss, job loss, or emotional loss.
The suspect’s cultural background emphasizes significance of “loss of
face” and/or the importance of macho/male dominance in personal
relations.
The suspect lacks family or social support system.
The suspect verbalizes an intent to commit suicide.
The suspect has given a “verbal will” to someone or has “set his affairs in
order.”

law enforcement planners must also deal with
the threat of the “Active Shooter.” An Active
Shooter(s) is a suspect(s) who enters a
building, event or organization determined to
commit as many acts of murder or other acts of
violence. The suspect may be a vengeance
seeker, disturbed individual or politically
motivated. Using people as hostages to obtain
something from officials is generally not part of
the Active Shooter’s plan.

Training elements for “Active Shooter” first responders should
include:






Isolation and surveillance techniques.
Communication.
Room to room search techniques.
Containment techniques.
Hand off to SWAT.


Different agencies will have differing opinions on how many
officers should arrive at a scene before trying to engage an Active
Shooter(s). The circumstances of each situation will dictate the
response in many instances. Generally, there should be a team of
officers who can enter, cover, engage the suspect, and provide
information by radio to arriving personnel.









Awareness. School officials must be sensitive to
mutterings of a potential confrontation. (Don’t explain
things away or rationalize!)
Gangs.
Drug-related.
Personal animosity.
Scheduled fights.
Disgruntled parents or students.
Disturbed students.
Parent, Teacher, Public Safety and Student Quorums.
Establish periodic meetings to discuss issues and
concerns.
Classroom level intervention. Class meetings and
discussions.


Homeland Security Act of 2002-Encourages
cooperation between local, state and federal
agencies including technology.
Patriot Act of 2001-Allows for intelligence
sharing and grants to local and state agencies.






Encode
Transmit
Medium
Reception
Decoding
Feedback






Oral (face to face).
Radio.
Telephone.
Email.
Written.
Sign language.



Channel I: Nonverbal
Channel II: Verbal
Channel III: Para-verbal (How we say things,
grunts, groans, tone, etc.)


When you are about to say something
important; or
When you have just said something significant.





Noise, temperature, physical distractions.
Inability to hear or see.
Poor sender-receiver relationship.
Language.
Dropped calls.







Senders incorrectly assumes that the receiver
has knowledge needed to understand the
message.
Unsuitable medium.
No feedback.
Feedback incorrectly interpreted.
Cultural differences.
Poor listener.
Jump to conclusions.







Not paying attention.
Pseudo listening.
Rehearsing & waiting for disagreement.
Interrupting.
Interference.
Hearing what is expected.
Being defensive.








Moralizing.
Directing.
Admonishing.
Teasing.
Sarcasm.
Connotative language.
Lack of respect.
Taking “it” personally & emotions.






Time – as time progresses, relationships can
develop.
Self-disclosure – don’t force it, but when
appropriate discuss your own interests or
feelings.
Empathy – not sympathy.
Show concern – use tone of voice.
Help person to save face.
Utilize “active listening” skills.






Emotion labeling – also be aware of missing
emotions.
Paraphrasing.
Reflecting or mirroring.
Effective pauses.
Minimal encouragers.
“I” messages.
Conflict involves competition between 2 or more
individuals or groups who have incompatible
interests and who are interdependent.





Avoidance
Accommodation
Competition
Compromise
Collaborate


Positional – contest , demands, locked
positions. The positional approach is the
traditional model.
Interest Based – underlying needs, values, &
goals of the parties. Particularly useful when
relationships matter.



Power based approach – one party wields
power over the weaker party.
Rights based approach – is based on rules and
regulations.
Interest based approach – is based on the
parties’ underlying needs or interests.



Traditional model.
Parties view the potential outcome as limited to
a fixed pie with only so many slices that can be
distributed.
A win for one party is a loss for the other.



Parties educate each other about their
respective needs and engage in problem
solving to reach a resolution that integrate their
needs.
Relationships are important.
Look for shared interests.
1.
2.
3.
4.
5.
Assess the situation – Identify parties, sources,
triggers, & issues.
Clarify the problem – Use direct
communication, active listening skills, “I”
messages, attack the issue not people.
Define interests and common ground.
Generate Options – Brainstorm, invent first
decide later, overlapping interests, win-win.
Decide & Implement – Collaborate on criteria.









ID interests and distinguish from demands.
ID each side’s worst fears and best outcomes.
ID overlapping interests.
ID transaction costs.
Point out overlapping interests & how they move each
side closer.
Point out how transaction costs move each side further
away.
Concentrate on interests and avoid demands.
Suggest alternatives that will reduce transaction costs
and move each side closer.
Be professional, stick to issues and be non-judgmental.








Policy and procedures.
Performance appraisals.
Recruiting.
Promotion evaluations.
Position classifications.
Benefits.
Union negotiations.
Training programs.
Human Resources
Planning
Job Analysis
Determine recruitment
& selection needs

Job analysis determines the tasks, duties and
responsibilities of the job.


A job analysis should be done for each job in the
organization.
Job analysis can be done by:
 Observe current workers.
 Questionnaires filled out by worker and managers.

Current trends are toward flexible jobs where duties are
not easily defined in advance.

Selection tools must be reliable and valid.

Reliability: the degree to which the tool measures the
same thing each time it is used.
 Scores should be close for the same person taking the same
test over time.

Validity: Does the test measure what it is supposed to
measure?
 Example: does a physical ability test really predict the job
performance of a firefighter?

Managers have an ethical and legal duty to develop good
selection tools.





Has a disability or is perceived to have a
disability;
Otherwise qualified; and
Denied solely because of the disability.
Reasonable accommodation.
Current use rule.



BFOQ
Business Necessity
Employee’s claims (facts) are not true
Title VII of the Civil Rights Act of 1964 prohibits
the unequal treatment of persons based on
race, color, national origin, religion, gender,
age, or disability.
 Disparate treatment. Prove that you:
1. A member of a protected class; and
2. Qualified; and
3. Rejected, demoted, or terminated; and
4. Position filled by a person not in a protected
class.
Disparate Impact: Practices or procedures that are
not intentionally discriminatory but have the
effect of discrimination.
Four-Fifths Rule: Minorities are hired or
promoted at a rate less than fourth-fifths of the
rate for the group with the highest rate of
hiring or promoting.
Belongs to a protected group
 Was qualified for the job
 Was rejected
 Position remained open and search continued
Employer claims action was taken for legitimate
nondiscriminatory reasons. Employee counters
that the reasons are simply a pretext for
discrimination.







Oppression of the
Rights of Women and
Minorities
Right to Vote
Restriction of First
Amendment Rights:
Free Speech / Right to
Protest
Discrimination
Separation of Races
Violence



Employers were much more likely to
employ a white than a minority.
Minorities usually had only the most
menial of jobs open to them.
Minorities and women were often
paid lower wages, even if their work
was better than their white
counterparts’.










Title I
Equal Voting Rights
Title II
Outlawed Discrimination in Public Places Engaged in
Interstate Commerce
Title III
Encouraged and Provided a Means for the
Desegregation of Public Schools
Title IV
Authorized Withdrawal of Funds from Programs
Practicing Discrimination
Title V
Outlawed Employment Discrimination; Created Equal
Employment Opportunities Commission
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A common misunderstanding:
Reservation of certain facilities to ‘under-privileged’ minorities
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What it really means:
Title VII of the 1964 Civil Rights Act states that: “703 (j) Nothing
contained in this title shall be interpreted to require any
employer… to grant preferential treatment to any individual or to
any group because of the race, color, religion, sex, or national
origin group on account of any imbalance which may exist with
respect to the total number or percentage of persons of any race,
color, religion, sex, or national origin by any employer…”
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1. Among qualified candidates (applicants, etc.),
affirmative action means that the underrepresented
candidate(s) should get the nod; or
2. Among equally qualified candidates, affirmative
action means that the underrepresented candidate
should get the nod; or
3. Among unequally qualified candidates, affirmative
action means that underrepresented status serves as a
"plus factor" that may elevate an (otherwise) less
qualified candidate over (otherwise) more qualified
candidates; or
4. Affirmative action means equality of opportunity as
opposed to equality of outcome.
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1.
2.
3.
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Prohibits:
Requiring or causing employees to take lie
detector tests;
Using the results of a lie detector tests; and
Taking negative action as a result of a lie
detector tests.
Exceptions: police, people dealing with $$,
certain security personnel.
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Discrimination on basis of age against persons
40 or older; and
Mandatory retirement for non-managerial
employees.
Public safety exception.
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12 weeks per 12 month period.
Benefits continue during leave.
Unless and exception exists, the employer
guarantees reemployment after leave.
FMLA does not apply to employers employing
less than 50 employees or to employees with
less than year seniority or less than 25 hours
per week for the previous year.
Uniform Services Employment & Reemployment
Rights Act
 Reemployment rights
 Free from discrimination & retaliation
 Health insurance
 Pension protection
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Men and women doing the same job, same
qualifications, should be paid the same.
A government employee in Indiana is wrongfully
disciplined for statements made by the employee if:
 First, the employee was speaking on a matter of public
concern about which free and open debate is vital to
the decision making of the community.
 Second, the reviewing court must balance the interests
of the employee, as a citizen, in commenting upon
matters of public concern and the State's interest, as an
employer, in running an efficient operation.
 Third, the employee's protected conduct must be a
motivating factor in the State's decision to [discipline
the employee.]
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Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006)
made it clear that public employees have no
cause of action for First Amendment retaliation
unless they were disciplined for speaking as
citizens about a matter of public concern. When
public employees make statements pursuant to
their official duties, they are not speaking as
citizens and "the Constitution does not insulate
their communications from employer
discipline.”
Generally, a reasonable accommodation must be made to
allow an employee to practice their religious beliefs.
However if strongly-held religious beliefs that, if exercised
by law enforcement officers during the course of their
duties, would thwart the most basic tenets of public
protection: the neutral enforcement of laws and
protection of potential victims, then a police agency
can terminate the officer. An accommodation that
would allow a law enforcement officer to choose which
laws to enforce and whom to protect would be
"unreasonable [for] any police or fire department to
tolerate." Endres, 2003 WL 21480361.
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Except for public safety employees anything
over 40 hours in a work-week for non-exempt
employees is compensated at 1.5 times the rate
of pay or in comp time.
Exempt employees.
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Job related
Reliable – measures what it is designed to
measures.
Valid – behaviors being measured are relevant.
Job task analysis can be used to identify SKAs.
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Pygmalion effect.
Halo error.
Recently error.
Tendency error.