[Peace-discuss] Police policy on lethal force

[LAURIE SOLOMON]

>It sounds as though there should be something in writing about
>what are appropriate conditions for making an arrest, and for that matter,
>for stopping people in general.

There probably are in both the administrative departmental polices as well
as in state and federal statutes and administrative policies, rules and
regulations; but they are written in such general vague and ambiguous terms
and fashion as to allow all kinds of interpretation.  Any limitations,
restrictions, or criteria are neither that detailed not that precise.  Laws
are typically general and abstract and not usually specific, detailed or
precise.  Moreover, benefit of the doubt is always on the state's side which
means the police's advantage when it comes to interpreting and applying the
laws to concrete situations.  As for the circular nature of using resisting
arrest as a basis for making an arrest even if the defendant is not charged
with another offense or that charge is dropped it is the way the law works
since it treats resisting arrest as a crime separate and independent of any
other crime so they are not legally related. To change things, one would
have to change the laws to read that a charge of resisting arrest cannot be
made or pursued if other charges are dropped or not pressed; and if other
charges are dropped, the arresting officer is and/or police department is
open to false arrest law suits.  This would hold officers responsible for
their charges and put suspected offenders in jeopardy of having to go to
court to fight charges that might otherwise have been droipped.

-----Original Message-----
From: peace-discuss-bounces at lists.chambana.net
[mailto:peace-discuss-bounces at lists.chambana.net] On Behalf Of Stuart Levy
Sent: Thursday, October 22, 2009 4:00 PM
To: Karen Medina
Cc: Peace-discuss List; Stuart Levy; discuss at lists.communitycourtwatch.org
Subject: Re: [Peace-discuss] Police policy on lethal force

On Thu, Oct 22, 2009 at 03:41:54PM -0500, Karen Medina wrote:
> > deadly force is permissible if the officer can say they're trying to
make an arrest.
> 
> Does it say anywhere that they have to have a good reason to arrest
someone?
> In the past, there has been this circular argument that they were
> arresting people for resisting arrest.

That's a good question.  Do we have any entire police procedure manual,
or only its use-of-force section?

It sounds as though there should be something in writing about
what are appropriate conditions for making an arrest, and for that matter,
for stopping people in general.

The ILEAP (accreditation) manual's
       http://www.humanspan.com/uploads/archives/4341/ILEAPManual09.pdf
section on Limits of Authority (ADM.02.02, page 41) says:

    ADM.02.02 A written directive governs procedures for assuring compliance
with all 
    applicable constitutional requirements including:  
     
    a. Interviews;  
    b. Interrogations;  
    c. Access to counsel;  
    d. Search and seizure, with a warrant;  
    e. Search and seizure, without a warrant;  
    f. Stop and frisk;  
    g. Arrest made, with a warrant;  
    h. Arrest made, without a warrant;  
    i. Assuring all constitutional safeguards are provided to non-English
speaking persons in a 
    manner that is clearly understood; and  
    j. Assuring all constitutional safeguards are provided to hearing
impaired persons in a manner 
    that is clearly understood.  


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