Arrest, Search and Seizure: Law Enforcement Best Practices
DATES: 12/3/2018 through 12/4/2018
INSTRUCTOR(S): Shaun Santos
LOCATION: Comal County Sheriff's Office - 3005 W. San Antonio St, New Braunfels, TX 78130
HOTEL: Hampton Inn - New Braunfels, TX 1-830-608-0123
Identify with PATC to receive discounted rate
COURSE REGISTRATION FEE: $295.00 Includes all training materials, and a Certificate of Completion.
Sgt. Santos has been a law enforcement officer for 20 years, with over 15 years experience as a Narcotics Detective. He has extensive experience working with the Drug Enforcement Administration conducting electronic surveillance investigations in to the Drug Trafficking Organizations. Shaun is currently assigned to the DEA’s Financial Investigations Team (FIT), anti-money laundering group, responsible for conducting large international money laundering investigations. He has experience with foreign and domestic money pick-ups, international bank wire transfers, familiarity with Black Market Peso Exchange, and Attorney General Exempt Operations (AGEO), allowing for the laundering of drug proceeds in furtherance of narcotics investigations.
Shaun has received his Bachelor Degree in Criminal Justice, University of Massachusetts, Lowell, MA; Masters Degree from Anna Maria College; and Juris Doctorate from Suffolk University Law School.
Pre-Payment is NOT required to register or attend this seminar
CLICK HERE TO REGISTER FOR THIS SEMINAR
Arrest, Search, Seizure and Interrogation
Constitutional Issues Impacting Law
Law enforcement agencies throughout the United States have invested resources
in certifying officers to train their employees in a variety of skills. While
these skills are essential to the law enforcement function, a primary component
of the law enforcement function is the ability to make sound legal decisions
on when the skills may be employed. For example, an officer may be extremely
skilled in breaking down doors with a battering ram, but this skill is of
little use if the officer is unfamiliar with the legal issues regarding when
it is proper to force open a citizen’s door.
The legal issues to be addressed by this course impact law enforcement in
a variety of ways. First, the manner in which an officer conducts police
operations may impact the prosecution of offenders. Additionally, the professionalism
and credibility of officers and agencies will be scrutinized and challenged
where cases are lost due to a technical failure by officers to follow the
ever-changing legal principles. Finally, officers and agencies may face exposure
to civil liability where there has been some deviation from the constitutional
rules. Consider a 2004 case from Texas, where officers, armed with an arrest
warrant entered the home of third party in search of the subject of the arrest
warrant. The person suing the officers and the agency contended: “in the
twenty years since Steagald v. United States was decided, the section of
the Rules and Procedures Manual pertaining to the execution of arrest warrants
had not been modified to instruct law enforcement officers of the steps that
are constitutionally required to search a third party’s residence for the
subject of an arrest warrant…” After the assistant chief of the department
testified that he was unaware that the United States Supreme Court’s 1981
decision distinguishing entry into third party’s homes, the court concluded
that the agency’s policy was facially unconstitutional and that there was
evidence that the agency failed to train its officers on this important constitutional
The purpose of this course is to update officers and supervisors on the foundational
legal skills related to the critical legal tasks in law enforcement.
Street Encounters: This session will focus on the task of street encounters.
Participants will be presented with the distinctions between consensual contacts,
reasonable suspicion based stops and arrests and probable cause based arrests.
Stop and Frisk: This session examines the principles of stop and frisk
and provides participants with the current legal framework established by
the United States Supreme Court. Participants will assist in developing hypothetical
scenarios involving credible as well as anonymous information in order to
set out distinctions that have developed in the law. Close attention will
be given to the concept of reasonable suspicion as a necessary component
of a lawful stop.
Arrest: This segment focuses on the concept of probable cause and
arrest. Participants will examine the distinctions between arrests in public
places versus arrests in autos and residences.
Search Incident To Arrest: This segment will examine the concept of
search incident to arrest including the most recent Supreme Court decisions
on point. The class will focus on the necessary components and scope of a
search incident to arrest.
Use of Force In Stops and Arrests: Officers must have a clear understanding
of use of force when making stops and when carrying out arrests. The law
in this area is rapidly developing and participants will examine the legal
trends throughout the United States and be provided with case examples.
Strip Searches: A continuing issue in law enforcement involves when
a strip search may be conducted and what constitutes a reasonable strip search
in terms of the manner in which it is conducted once authorized. This session
focuses on these issues and provides participants with a clear understanding
of these principles.
Property Seizure: Officers come into contact with the property of
citizens in a variety of contexts. This session examines the propriety of
officer involvement in the seizure of property by others; the seizure of
property during investigations as well as the proper manner of disposition
of property. Participants will be asked to examine hypothetical law enforcement
encounters which are routine in the profession in order to reach conclusions
as to the appropriate legal response.
Home Entries: This lengthy session will examine the various legal
mechanisms that officers have for entering private dwellings and other private
property. The participants will be provided with a clear understanding with
the differing rules related to each type of entry. Topics include: search
warrants; arrest warrants; crime scenes; exigent entry; consensual entry;
plain view in a home; protective sweeps and search incident to arrest in
a home; third party rights to privacy; knock versus no-knock entries as well
as many other issues relating to home entries.
Plain View: Quite often, when officers are lawfully present in an
area protected by the 4th Amendment, they observe items that they recognize
as evidence or contraband. Officers faced with these circumstances may seize
these items without a warrant. This exception is regularly used by officers,
however it is often misunderstood. This section utilizes practical exercise
that can be duplicated to provide updated training on this important topic.
Motor Vehicle Searches: A major recurring task in law enforcement
is contact with motor vehicles. This session examines the variety of contexts
that officers come into contact with motor vehicles and examines the various
rules governing each of these contexts. The session includes: ordering occupants
out; reasonable suspicions based motor vehicle searches; probable causes
searches of motor vehicle; search incident to arrest in a motor vehicle;
consent searches; canine sniffs of motor vehicles; inventory searches of
motor vehicles and community-care-taking searches of motor vehicles. Participant
will be provided with a vehicle search sheet that crystallizes and distinguishes
the rules covering the various motor vehicle contacts.
Identification Procedures: Once suspects are apprehended officers
may be called upon to construct an identification proceeding. These proceedings
include “on-scene show-ups,” photo-arrays; and line-ups. The key to these
identification proceedings is those officers insure that they are not overly
suggestive. This session focuses on the rules governing these procedures
that have a dramatic impact on the prosecution of cases.
Questioning and Miranda: An area of law enforcement that is continuing
top develop is the use of Miranda warnings during questioning. The United
States Supreme Court has examined a number of Miranda-related cases in the
last two years. Participants will examine the foundation of the Miranda rule
and then focus on how recent decisions impact current operations.