arrest. arrest the responding officer must arrest the suspect whenever an arrest is mandated
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The responding officer must arrest the suspect whenever an arrest is mandated.
Mandatory/Pro ArrestAn officer SHALL arrest the predominant physical aggressor if there is probable cause.
What is Probable Cause? The combination of facts and circumstances that leads a Law Enforcement Officer to believe that a crime has been committed
Probable Cause Who is the primary aggressor?
Context AssessmentAggressor Identification
Offensive or Defense?
The Meaning of SHALLIf you do not comply, youre not following the law.If you are not following the law, you are not covered by immunity.If you are not immune, you are susceptible to law suits.You MUST do it!
Primary Physical Aggressor Vs. PREDOMINANT AggressorPrimary physical aggressor does NOT mean first to strike outThink in terms of the PREDOMINANT aggressor
Training ExerciseHandling the Call: Domestic Violence VignettesScene 13Boom! She Knocked Me Across the HeadScene 14Interview for Previous Scene
Why Do We NeedStrict Arrest Laws?To Protect Victims AndHold Offenders Accountable
Does your probable cause support an arrest?Specific crime elementsWitness statementsAll other evidence
Absence of Probable Cause
NEVER leave the scene using threatening words.
What Do You NOT Consider in the Arrest Decision? (1) Claims that victim provoked the violence
Mental health of victim or suspect
Verbal assurances that violence will stop
Ownership/tenancy rights of shared residence
DO NOT Consider in the Arrest Decision (2)Drug or alcohol use
Denial of abuse
Marital/Financial status of the parties involved.
Dual Arrest (1)
Inappropriate Dual Arrests = Increased Liability
False Arrest = Civil Jeopardy
Dual Arrest (2)
Must have probable cause
Thorough on-scene investigation
Must document grounds for dual arrest
Why Should an Officer Avoid Dual Arrests?
Self-Defense & Cross-ComplaintsDefensive injuriesPrimary aggressorCross-complaints
Dual Arrest & False Arrest
Quality decisions, including arrest of the primary aggressor, interrupt the cycles of violence and can prevent future domestic violence incidents.
High Profile OffendersShould be treated the sameas any other domestic violence suspect
Responding to Violations of Protective OrdersALL Violations should be taken seriously
There are 17 REMEDIES in an Order of Protection:Six are Police Enforceable
All Remedies in a Civil No Contact OrderAre Police Enforceable
AcknowledgementsResources provided by:- Mark Wynn, Wynn Consulting www.markwynn.com
- 4th Judicial Circuit FVCC Law Enforcement Committee
- OVW Rural Grant Committee, 4th Judicial Circuit
- Law Enforcement Resource Center & Minnesota Program Development, Inc., 2000
This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.
ARREST**ArrestConsider: State laws Departmental policies Good law enforcement practices Information and professional judgment of the officer Probable cause The responding officer must arrest the suspect whenever an arrest is mandated.
*Mandatory/Pro ArrestIn most states:An officer SHALL arrest the predominant physical aggressor in a relationship if there is probable cause. The primary physical aggressor in the presenting incident might be the victimMost states provide for arrest without a warrant in domestic violence cases of:Assault/BatteryStalkingViolations of Protection Orders
*What is Probable Cause ?Probable Cause: The combination of facts and circumstances that leads a Law Enforcement Officer to believe that a crime has been committed Determination, unless otherwise specified, is based on the totality of the circumstances (Context of the Crime) Officers can use any and all information available to them to determine whether probable cause exists
*Who is the primary aggressor?Consider:FearWho talks and acts scared?Body Language- Who displays an aggressive stance?- Consider the physical size of the partiesNeighbors and witnessesExcited UtterancesInjuriesCrime SceneHistory- Medical records, 911 tapes, police reports, shelter stays and protective orders - Examine the paper trail
Context Assessment & Aggressor Identification1. Context Assessment- Demeanor of Suspect & Victim- Scene of the Incident- Previous Calls Involving Suspect & Victim/History of this Relationship2. Aggressor- Body Language- Officer Manipulation- Explanation of the Incident- Check for Wounds3. Risk Assessment- Weapons Involved/Weapons in the Residence- Victim Pregnant/Children in the Home- Alcohol or Drug Abuse Involved- Animal Abuse- Strangulation Involved4. Self Defense- Check for Wounds that were made in Self-Defense- Weapons Used in Self-Defense- Where did Incident take place5. Continuing Threat- Past History- Weapons- Threats/Gestures*Are these Offensive or Defense Wounds? Discuss with Trainees..**The Meaning of SHALL If you do not comply, youre not following the law If you are not following the law, you are not covered by any immunity you would have in the course of your employment If you are not immune, you are susceptible to law suitsYou MUST do it!
*Primary Physical Aggressor Vs. PREDOMINANT Aggressor Primary physical aggressor does NOT mean first to strike out Think in terms of the PREDOMINANT aggressor Likelihood of future injury to either party Was the force or violence used to punish or retaliate? Totality of the circumstances (CONTEXT) All other witness statements (including children) Severity and extent of injuries Each partys ability to do what was alleged Prior history of violence Existence of offensive and defensive wounds All other evidence (direct and circumstantial)
Play Scene 13 Boom! She Knocked Me Across the Head from Handling the Call: Domestic Violence Vignettes DVD(5 minutes 40 seconds)
Play Scene 14 Interview for Previous Scene Sexual Assault/Marital Rape(3 minutes 50 seconds)
What did officers do correctly when responding to this domestic call?SuspectVictimScene/WeaponsPredominant AggressorPast History/ContextMedical AssistanceMarital Rape- What else should they have done or not done?
**Why Do We Need Strict Arrest Laws?- Victims are in danger of further violence if the batterer isnt removed from the situation- Exercise discretionary arrest when mandatory/pro arrest does not apply A good police report will address and document the risk factors to be used when determining Bail Bond Seek high bail!
*Does your probable cause support an arrest?- The elements of a specific crime- Witness statements or narrativesAll other evidence tending to substantiate or disprove statements
The Arrest Decision*Absence of Probable CauseAn offense report should be completed with the rationale for the decision not to arrest stated in the report
Explain to the victim why an arrest was not made and advise the victim to contact 911 in the future if they are injured, feel threatened or are placed in fear for their safety by the abuser
NEVER leave the scene threatening that If I have to come back here again, somebody/everybody is going to jail
What do you NOT Consider in the Arrest Decision?That the incident occurred in a public placeThe racial, cultural, social, political, professional position or sexual orientation of either the victim or the accusedOwnership or tenancy rights of party to a shared residence (although, it is important to consider if effectuating a consent to search)Verbal assurances from the accused that the violence will stopClaims by the accused that the victim provoked or perpetuated the violenceThe physical or mental health of either party
*DO NOT Consider in the Arrest Decision:The use of drugs or alcohol by either the victim or suspectDenial that the abuse occurred where evidence indicates otherwiseSpeculation or assertion that the victim will not follow through or cooperate with criminal prosecutionAdverse financial consequences that might result from the arrestConsent or requests of the victimWillingness of the victim to testify against the battererMarital status of the parties involved
*Dual ArrestBoth parties involved in incident are arrested Often, if both parties have injuries, one party has acted in self-defenseIn inappropriate dual arrests:Victims are further victimizedDecreases chance of victim seeking further helpPossible eventual homicide by perpetratorLessens ability to prosecute, often causing dismissalIncreased liabilityIf victim is falsely arrested, this places the law enforcement officer in civil jeopardy
**Dual ArrestCan occur: When officers have probable cause to believe both parties committed family violence crimes against each other Probable cause is established by thorough on-scene investigation Of