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While law enforcement agencies have volumes of policies covering every conceivable
task, exposure to liability is generally limited to a few recurring tasks in
law enforcement. In fact, G. Patrick Gallagher, one of the first to recognize
the importance of pro-active risk management in law enforcement has said that
95% of law enforcement liability comes from only 12 tasks. Liability most frequently
occurs when officers violate some legal mandate.
The legal mandates that direct law enforcement operations come from court
decisions decided by the United States Supreme Court and lower federal courts
as well as state court decisions. The purpose of this manual is to examine
the 12 high risk critical tasks in law enforcement. It serves as a comprehensive
guide to the legal trends impacting the law enforcement profession.
The manual is set out in twelve distinct sections, each covering
one of the critical tasks. Some of the sections include, by necessity, several
subsections
covering particular areas of the task under review. An example is search, seizure
and arrest which examines multiple facets of this task.
By providing law enforcement personnel with a reference source to the legal
trends in the profession, officers will be in a stronger position to avoid
liability.
| Table of Contents |
- Use of force
- Handcuffing
- Empty Hand Control
- Taser
- Chemical/Pepper Spray
- Less-Lethal Munitions (BeanBag)
- Seizure at Gunpoint
- Canines as Force
- Duty to Intervene
- Deadly Force
- Pre-Shooting Conduct (Totality of Circumstance)
- Deadly Force to Prevent Escape
- Pursuit/Emergency operation of vehicles
- Ramming to Stop
- Search and Seizure/Arrest
- Consensual Contacts
- Seizure-Physical or Show of Authority
- Seizure of Property
- Reasonable Suspicion Based Stops
- Probable Cause/Arrest
- Refusal to Identify during Terry Stop
- Search Incident to Arrest
- Strip Searches
- Motor Vehicle Contacts
- Routine Stops (Ordering Occupants Out)
- Frisk of Vehicle
- Incident to Arrest-Vehicle
- Canine Sniffs
- Probable Cause (Motor Vehicle Exception
- Inventory Searches
- Community Caretaking
- Roadside Checkpoints
- Entering and Searching Homes
- Consent
- Warrant Entries
- Search Warrants
- Knock and Announce
- Authority over unnamed persons present
- Exigent Entry
- Incident to Arrest-Dwelling
- Plain View Doctrine
- Plain Touch Doctrine
- The Law of Interrogation
- Failure to Disclose Exculpatory Evidence (Brady)
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- Care, custody, restraints and transportation of
prisoners
- Jail Suicides
- Medical Needs
- DV/Agency Employee involved Domestic Misconduct
- Property / Evidence
- Off-Duty conduct of officers / Off-duty paid details
- Sexual Harassment / External Sexual Misconduct by Officers
- Selection and Hiring
- Complaints and Internal Affairs Investigations
- Search of Employees
- Seizure of the Officer
- Covert Video Surveillance of Employees
- Compelled Substance Abuse Testing
- Financial Disclosure
- HIPAA and Employee Health Records
- Due Process Rights of Employees
- Law Enforcement Officers Bill of Rights
- External Liabilities of Internal Affairs
- Special Operations: SWAT, Narcotics, High Risk
Warrants Service
- Failure to have Policy
- Failure to Train - Warrant Execution
- Dealing with mentally ill, emotionally disturbed
persons, and persons with diminished capacity
- Use of Force Issues - Mentally Impaired / EDP
- Training & Policy Issues
- Americans with Disabilities Act
- ADA Application to Law Enforcement
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 Author: Jack Ryan,
JD
Law Enforcement Legal and Liability Risk Management Institute
5101 Decatur Blvd, Suite L
Indianapolis, IN 46241
1-800-365-0119
www.llrmi.com
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