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PC 832 Laws of Arrest Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 1 - L EADERSHIP, P ROFESSIONALISM & E THICS I Peace officers are expected to be leaders in the community, in their agencies, and among peers. To be effective, officers must understand the components of leadership, their responsibility to lead, and the impact of their leadership. A Discuss why leadership is important B Define leadership C Discuss universal components of leadership D Discuss the officer as a leader E Discuss the leader as a follower F Discuss how leadership impacts the daily work of a peace officer and how officers can recognize the results. II Peace officers are empowered and entrusted by the community with a broad range of power, authority and discretion to maintain safety and order. Professional and ethical standards are the means by which peace officers maintain the public trust. To be effective, a peace officer must make a life-long commitment to these standards. A Discuss the relationship between public trust and a peace officer’s ability to perform their job B Discuss the community, agency, and other peace officers’ expectations of a peace officer’s conduct C Explain the benefits of professional and ethical behavior to the community, agency and peace officer D Describe the consequences of unprofessional/unethical conduct to the community, agency, and peace officer. E Discuss the Law Enforcement Code of Ethics and explain the importance of adhering to the Law Enforcement Code of Ethics F Explain why an officer should respond to a coworker’s unprofessional or unethical conduct, including the legal basis for such interventions G Discuss the situations when it is necessary to intervene on another peace officer’s behalf and factors that can inhibit intervention H Describe the types and levels of intervention used to prevent another peace officer’s inappropriate behavior I Give examples of ethical decision making strategies J Explain the value of ethical decision making in leadership 1 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 2 - C RIMINAL J USTICE S YSTEM I To be effective leaders, peace officers must be aware of the constitutional rights of all individuals within the United States, regardless of citizenship status, and the role of the criminal justice system has in protecting those rights. A Identify the freedoms and rights afforded to individuals under the U.S. Constitution, the Bill of Rights, and later amendments B Identify how the U.S. Constitution amendments apply to the actions and conduct of peace officers C Discuss the components and primary goals of the criminal justice system II Peace officers must realize that law enforcement is not solely the function of police and sheriff agencies. There are many other federal, state, and local law enforcement agencies that are part of the criminal justice system. A List the primary federal, state, and local law enforcement agencies within the criminal justice system III Peace officers must understand the judicial component of the criminal justice system because much of their work results in cases that go to court. A Discuss the objectives of the Judicial component of the criminal justice system B Discuss the organization of the California court system, including positions commonly recognized as part of the judicial system C Discuss the judicial process in criminal cases IV Peace Officers should recognize that the California Youth and Adult Correctional Agency (YACA) is a component of the criminal justice system. Officers must also be familiar with the differences between parole and probation conditions, and their role in the enforcement of those conditions. A Discuss the objectives and responsibilities of the correction’s component of the criminal justice system V Required Tests A The POST-Constructed PC 832 Arrest Written Test will include learning objectives in Domain #2 2 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 3 - P OLICING THE C OMMUNITY I Peace officers need to know that their role in the community is to work in partnership with community members to resolve or reduce problems for the benefit of those who live and work there. A Identify peace officer responsibilities in the community, including: A Differentiate between proactive and reactive policing B Recognize peace officers’ responsibilities to enforce the law, including: C Identify the elements of area/beat knowledge including: D Discuss current and emerging issues that can impact the delivery of services by peace officers E Discuss opportunities where peace officers educate and learn from community members II Peace officers need to understand that community partnerships provide opportunities to effect greater change than could be accomplished by any one group alone. A Define community partnerships B Discuss the key elements for developing trust between community partners, including: C Discuss relationship of ethics to the badge of office D Discuss leadership skills in community policing E Define communication F Recognize the components of a message in communications with others, including: G Recognize the potential effects of negative nonverbal signals H Give examples of effective communication techniques for: III Peace officers need to recognize that effective problem solving is a process that identifies and addresses the underlying conditions of crime and disorder in the community A Identify the steps of the SARA Model B Apply the SARA Model IV Required Tests A The POST-Constructed PC 832 Arrest Written Test will include learning objectives in Domain #03. V Required Learning Activities A The student will participate in a learning activity that will reinforce an understanding of the steps involved applying the SARA model, including: 3 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 5 - I NTRODUCTION TO C RIMINAL L AW I Peace officers must know the origins of current law to know the role of law enforcement today. A Identify the relationship among: II Peace officers must know the nuances of the written law to correctly interpret the law. A Differentiate between the letter of the law and the spirit of the law B Differentiate between criminal and civil law III To enforce the law, peace officers must know what constitutes a crime and the information required to identify that a crime has occurred A Recall the statutory definition of a crime B Identify the basic elements common to all crimes C Discuss general, specific and transferred intent crimes D Differentiate between criminal intent and criminal negligence IV To arrest a subject, peace officers must determine what type of crime has been committed, who was involved in the commission of the crime, and who cannot be criminally liable. A Identify three classes of crime: B Differentiate among the three parties in a crime, to include: C Identify people legally incapable of committing a crime V Required Tests A The PC 832 Arrest Written test will include learning objectives in Domain #05. 4 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 15 - L AWS OF A RREST I Peace officers must have an understanding of the amendments to the U.S. Constitution, and similar sections of the California Constitution that are related to the authority, liability, and responsibility they have in making arrests. A Recognize a peace officer’s role in relation to the protections and rights included in the following amendments to the U.S. Constitution and related California Constitution sections: B Recognize peace officer’s role in relation to the protections included under federal civil rights statutes. II Peace officers must recognize that a consensual encounter is a face-to-face contact with a private person that they can not exert authority, and the person reasonably believes they can leave or not cooperate at any time. A Recognize appropriate conduct during a consensual encounter B Recognize conduct that may elevate a consensual encounter C Recognize the consequences of elevating a consensual encounter III To execute the appropriate actions, peace officers must recognize that a temporary detention is an assertion of authority that is less than an arrest but more substantial than a consensual encounter. A Differentiate between a detention and a consensual encounter B Recognize reasonable suspicion C Recognize appropriate peace officer actions during a detention D Recognize the scope and conditions for warrantless searches and seizures during a detention E Recognize conditions where the use of force or physical restraint is appropriate during a detention IV Peace officers must know and comply with the statutory rules of arrest in order to properly exercise their authority and responsibility, and to avoid potential liability when making arrests. A Recognize when there is probable cause to arrest B Identify elements of a lawful arrest C Differentiate between arrest and detention D Recognize information that must be given to an arrested person E Recognize elements of a warrantless arrest for a misdemeanor F Recognize elements of a warrantless arrest for a felony G Recognize elements of a warrant arrest H Recognize the requirements for entry to make an arrest 5 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline I Recognize the authority for a private person arrest and the peace officer’s duty in response to a private person arrest J Recognize conditions under which the use of force or physical restraint is appropriate during an arrest K Recognize the statutory requirements for the disposition of an arrested person L Recognize the exception to the powers to arrest V When interrogating a suspect who is in custody, peace officers must follow Miranda procedures to ensure that any answers they obtain will be admissible in court. A Identify the purpose of the Miranda warning B Recognize when Miranda warnings must be given C Identify the proper administration of Miranda warnings D Recognize the impact of invoking either the right to remain silent or the right to counsel E Recognize the types of Miranda waivers F Recognize the exception to the Miranda rule VI To develop admissible evidence while ensuring the constitutional rights of all individuals, peace officers must be aware of and correctly follow standardized practices for conducting crime scene interviews and interrogations. A Differentiate between an interview and interrogation B Differentiate between an admission and confession VII Required Tests A The POST-Constructed PC 832 Arrest Written Test will include learning objectives in Domain #15. 6 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 16 - S EARCH & S EIZURE I Peace officers must have a clear understanding of their authority, responsibility, and potential for liability in the areas of search and seizure law, as well as the protections provided by constitutional law, statutory law, and case law against unreasonable searches and seizures. A Recognize constitutional protections guaranteed by the Fourth Amendment B Identify the concept of reasonable expectation of privacy C Recognize standing and how it applies to an expectation of privacy D Recognize probable cause to search and its link between Fourth Amendment protections and search and seizure law II Although warrantless searches and seizures are presumptively illegal, when certain conditions are met, officers may lawfully search and seize evidence without a search warrant. For evidence to be admissible at trial, officers must have a clear understanding of the legal requirements for those conditions. A Recognize the conditions and circumstances where warrantless searches and seizures are considered reasonable and legal B Recognize the scope and necessary conditions for conducting the following types of warrantless searches: III The Fourth Amendment’s protection against unreasonable searches and seizures extends to a person’s vehicle and property inside the vehicle. However, the courts have created several exceptions to the Fourth Amendment’s warrant requirement because of a motor vehicle’s potential mobility and reduced expectation of privacy. A Recognize the scope and necessary conditions for conducting the following types of motor vehicle searches: 1 Vehicle inventories IV Peace officers must recognize when a search or the seizure of evidence involves intrusion into a subject’s body, special care must be taken to balance the subject’s reasonable expectation of privacy under the Fourth Amendment against the government’s need to collect evidence. A Recognize the legal framework establishing a peace officer’s authority to seize physical evidence from a subject’s body: B Recognize conditions under which a peace officer may use reasonable force to prevent a subject from swallowing or attempting to swallow evidence C Recognize the conditions necessary for legally obtaining blood samples D Recognize the conditions for legally obtaining the following nonintrusive bodily evidence: 7 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline V Required Tests A The POST-Constructed PC 832 Arrest Written Test will include learning objectives in Domain #16. 8 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 17 - P RESENTATION OF E VIDENCE I Peace officers must know the criteria for admitting and excluding evidence to ensure evidence is identified, collected, and tracked in a legal manner that will be accepted in court. A Recognize circumstances which may cause evidence to be excluded B Recognize a peace officer’s role in ensuring the admissibility of evidence II Peace officers need to take thorough and reliable witness reports. A Recognize the requirements and exceptions for admitting hearsay evidence for: 9 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 18 - I NVESTIGATIVE R EPORT W RITING I A peace officer’s ability to clearly document the facts and activities of an investigation not only reflects on the officer’s own professionalism, but also on the ability of the justice system to prosecute the criminal case. A Explain the legal basis for requiring investigative reports II Peace officers must recognize that the information gathered during their initial investigation in the field will become the foundation for their investigative reports. A Discuss the importance of taking notes in preparation for writing reports B Apply appropriate actions for taking notes during a field interview III Peace officers must recognize in order for an investigative report to be of use in the judicial process, the report must be well organized, and include facts needed to establish that a crime has been committed and all actions taken by officers were appropriate. A Summarize the primary questions that must be answered by an investigative report B Identify the fundamental content elements in investigative reports, including: 10 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 20 - U SE OF F ORCE I Peace officers must recognize that they have the authority to use reasonable force to affect an arrest, to prevent escape, or to overcome resistance as authorized by the California Penal Code. For their safety, and for the safety and well-being of fellow officers, it is critical that peace officers know the laws governing the use of force. A Discuss reasonable force as stated by law B Discuss the components of the Fourth Amendment C Explain the legal framework establishing a peace officer’s authority during a legal arrest, including: D Identify the circumstances set forth in the California Penal Code when a peace officer has the authority use force E Discuss the level of authority agency policies have regarding the use of force by a peace officer II Peace officers must recognize that they have a range of force options available to them. However, in all cases the use of force must be reasonable compared to the threat, resistance, and other circumstances known to the officer at the time the force was used. A Define the term “force option” B Identify that the objective of using force is to overcome resistance to gain control of an individual and the situation C Recognize force options and the amount of force peace officers may use based on the subject’s resistance III Peace officers must fully comprehend their authority, responsibility, and liability regarding the use of deadly force as authorized by law. A Identify the legal standard for the use of deadly force B Identify the factors required to establish sufficiency of fear for the use of deadly force C Recognize facts an officer should consider when determining whether or not to use deadly force D Discuss the role of agency policies regarding the use of deadly force E Recognize the law regarding justifiable homicide by a public officer and the circumstances under which the homicide is considered justifiable IV Peace officers must be ready to, and capable of, safely taking control of a dangerous situation. A Discuss factors that can affect a peace officer’s response when threatened with danger, to include: B Give examples of acceptable techniques for managing anger 11 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline V Required Tests A The POST-Constructed PC 832 Arrest Written Test will include learning objectives in Domain #20. 12 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 30 - P RELIMINARY I NVESTIGATION I Peace officers must have a general understanding of the total range of basic criminal investigation procedures in order to make the appropriate decisions regarding the identification and preservation of evidence at the scene of a crime. A Identify the goal of a criminal investigation B Perform the steps of a preliminary criminal investigation, including: C Identify the primary purpose of conducting a: D Identify criteria for allowing crime scene photographs to be admitted as evidence by the court II Peace officers must be aware of and comply with the general guidelines for the collection, packaging, and processing of physical evidence found at a crime scene to ensure that each piece of evidence is admissible in a court of law. A Prepare the information that should be noted on a chain of custody record B Identify the three forms of fingerprint impressions that may be found at a crime scene 13 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 33 - A RREST M ETHODS/D EFENSIVE T ACTICS I For their own safety and the safety of others, peace officers must maintain awareness and respond appropriately when confronted by a potential hazard or threat. A Demonstrate principles of defensive tactics, to include: B Describe parts of an officer’s body that are most vulnerable to serious injury C Describe parts of an officer’s body that may be used as personal weapons for self defense or to overcome resistance by a subject II Conducting a person search can be dangerous for peace officers. A peace officer’s actions and reactions in these situations should always allow for a margin of safety while maintaining a position of advantage. A Explain factors to consider when approaching a subject and conducting a plain view search B Demonstrate an approach to safely and effectively conduct a person search C Discuss locations where weapons and/or contraband can be concealed on a subject’s body D Explain agency considerations and restrictions that may be common regarding a search of a person of the opposite sex E Explain cover officer responsibilities F Demonstrate cover officer responsibilities during a search of a subject III Peace officers must be ready and physically capable of taking control of a subject and to justify their actions if the subject refuses to follow verbal commands, physically resists, or attempts to attack the peace officer during a detention or arrest situation. A Discuss a peace officer’s justification to use controlling force on a subject B Explain advantages and limitations a peace officer should consider when applying a control hold C Explain advantages and limitations a peace officer should consider when performing a takedown technique IV The application of a restraint device (i.e., handcuffs, plastic flex cuffs, leg restraint devices, full body restraints) on a subject can be a difficult and potentially dangerous task for a peace officer. Peace officers must be proficient in the use of proper methods to ensure their safety and the safety of the subjects. A Explain the purpose of using restraint devices on a subject B Explain potential hazards when using handcuffs as a restraint device C Demonstrate the correct positioning of handcuffs on a subject 14 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline D Discuss responsibilities of the contact and cover officers when handcuffing multiple subjects V Peace officers must maintain control of their firearm(s) and when appropriate, be physically capable of disarming a subject. A Describe factors involved in retaining a peace officer’s firearm B Demonstrate the basic techniques for peace officers to safely maintain control of their firearm in a physical conflict C Discuss a peace officer’s tactical considerations when confronted by an armed subject D Discuss tactical considerations when disarming a subject E Discuss a peace officer’s justification to retain their firearm or disarm a subject VI When transporting a prisoner, peace officers must recognize that the unpredictable nature of prisoners can create a serious threat. Officers must be aware of safety hazards and appropriate transporting procedures to ensure their safety and the safety of the prisoner. A Describe common transporting procedures that maximize officer safety and prevent prisoner escape B Describe the safe and secure positioning of a prisoner in an officer’s vehicle VII Required Tests A An exercise test that evaluates the student’s ability to safely and effectively conduct the following types of searches: B An exercise test that evaluates the student’s ability to demonstrate safe and effective handcuffing procedures to minimally include: C An exercise test that evaluates the student’s ability to demonstrate the mechanics of a control hold(s) to minimally include: D An exercise test that evaluates the student’s ability to demonstrate the mechanics of a takedown technique(s) to minimally include: VIII Required Learning Activities A Student will participate in learning activity that will reinforce the student’s ability to demonstrate the role of a cover officer during a field contact to include: 15 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 39 - C RIMES A GAINST THE J USTICE S YSTEM I Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes that obstruct law enforcement in their duties and to correctly categorize these crimes as misdemeanors or felonies. A Recognize the crime elements required to arrest for: B Recognize the crime classification as a misdemeanor or felony. II Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes related to false information and to correctly categorize these crimes as misdemeanors or felonies. A Recognize the crime elements, required to arrest for: B Recognize the crime classification as a misdemeanor or felony. III Required tests A The POST-Constructed PC 832 Arrest Written Test will include learning objectives in Domain #39 16 8/25/07 Fresno County Sheriff's Department Laws of Arrest (PC 832) Course Outline L EARNING D OMAIN # 42 - C ULTURAL D IVERSITY/D ISCRIMINATION I Peace officers need to recognize and respect the complexities of cultural diversity to develop skills necessary for identifying and responding to California’s changing communities. A Describe personal, professional and organizational benefits of valuing diversity within the community and law enforcement organizations. II Peace officers need to become aware of stereotyping that could lead to prejudicial viewpoints and unlawful acts of discrimination. A Discuss the dangers of relying on stereotypes to form judgments or to determine actions B Define the term prejudice C Define the term discrimination 17 8/25/07