FSU CJE 3110 - CH. 12: REGULATING POLICE BEHAVIOR

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CH 12 REGULATING POLICE BEHAVIOR CJE3110 Exam 5 Study Guide Who polices the police Agency IAU State Licensing Agency Federal Courts State Courts The Need for Policy Guidelines Goal prevent unarticulated improvisations Objections to unarticulated improvisations Bottom rung of the agency is making de facto policy Ensure consistency within officers and uniformity between officers Ensure that discretion doesn t erode into discrimination Covers operational areas not addressed by the courts The Miranda decision Garner decision and use of force policy developments Covers areas not addressed by legislation Ex take home cars secondary employment response procedures for natural disasters evacuations bomb dispersal false alarm responses Courts are not always proactive Avoid civil liability The Monell Decision Lack of written policy does not insulate an agency from its responsibilities Deliberate indifference Customs and practice approved directives Courts will impose greater liability on the agency Higher damages awarded to a plaintiff because of lack of administrative foresight Ultimately it is taxpayers who end up paying these settlements Contents of Policy Guidelines Mission Statement Articulates the overall agency philosophy Explains what the agency perceives its top priorities to be Woven into policy guidelines Examples We believe our first priority is the protection of life Our goal is to ensure community safety protect life and property and to reduce crime and the fear of crime in the community We are committed to treating all persons fairly regardless of race color or national origin We seek to endow the role of police with the highest degree of fairness professionalism and integrity and protect the inherent rights of the people to live in freedom and safety Basic Considerations for Policy Be workable in real world situations Be adaptable to training Be written in a positive manner Refer to or incorporate relevant laws Be pretested to ensure that all officers understand the specific intent and consequences of noncompliance Include in service training for all officers and supervisors Provide examples of behavior Secondary employment Concerns of exhaustion not being as productive conflicts of interest and liability Prohibited off duty jobs bill collector tow truck operator private investigators interest in bar liquor establishments Internal Affairs Internal affairs unit monitors employee conduct for any police or statutory violations that take place while either on duty or off duty Types of complaints Citizen complaints of rude or improper behavior failure to conduct a proper investigation Supervisory reports of improper behavior Use of force reports Misuse of official equipment Weapon discharges Investigative dispositions Unfounded allegation is false or not factually correct Exonerated incident did take place but the officer employee behaved in a lawful proper manner Non sustained insufficient evidence to either prove or disprove claim Sustained the available evidence supports the allegation of improper behavior Most common complaints Verbal discourtesy Use of force Disciplinary actions by administration Review policy with officer or make him her complete remedial training Oral reprimand Warning employee of actions identify ways to improve warn that a more severe punishment will result if action is repeated Written reprimand Includes a description of the incident explanation of what rules were violated and warning of more severe punishment if action is repeated Suspension capacity Dismissal Employee is removed from duty status and forfeits pay while suspended Employee must surrender badge police identification radio weapons and police vehicle Employee is not entitled to carry a concealed weapon and cannot a work in an off duty Length of suspension depends on the seriousness of the act or how long it takes to complete the case for criminal allegations Most serious disciplinary action Permanently removed from duty may have to forfeit pension overtime vacation leave sick time and other benefits that have accrued Level of punishment depend on Nature and severity of the charge Employee s prior disciplinary record Time elapsed between the last complaint and the current complaint Past work performance evaluations Previous disciplinary actions taken with other employees who ve committed similar acts Procedural Protections Weingarten Rule National Labor Relations Board v Weingarten 1975 Available to any employee represented by a union Aim to protect employees from overzealous employer incursions Managers don t have to inform employers of this right it s their duty to know and request Request should be made if employer believes that disciplinary consequences may result from what they say When employee asks for union representative the manager can 1 Stop questioning until representative arrives 2 Call off the interview 3 Tell employer that it will call off interview unless employee voluntarily gives up their rights to a union representative employees should always refuse Garrity Rule If an officer is the subject if an IA investigation alleging criminal conduct then a commanding officer cannot order the officer to respond to the questions Florida s Police Officer s Bill of Rights Due process Officers have a right to know the exact charges lodged against them establishes reasonable interrogation standards affirms that police officers have not relinquished their constitutional rights simply because they wear a badge and empowers a complaint review board to handle officer appeals a Interrogation shall take place at a reasonable hour when LEO is on duty unless the seriousness of investigation requires immediate action b Interrogation must take place at the office of the command investigating officer or at the local precinct c LEO must be informed of the rank name and command of officer in charge the interrogating officer and all persons present during the interrogation d LEO must be informed of the nature of investigation before any interrogation begins and informed of the names of all complainants Witnesses must be interviewed prior to interrogating the accused officer all evidence must be presented to the officer accused before the interrogation officer can provide a voluntary statement at any time e Interrogating sessions shall be for reasonable periods and shall be timed f LEO may not be subjected to offensive language or threatened with transfer dismissal or disciplinary action a promise or


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FSU CJE 3110 - CH. 12: REGULATING POLICE BEHAVIOR

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