HomeMy WebLinkAbout04-11-2000 ICPD Reports/Memos ICPD TRAINING
DATE: April 1, 2000
TO: Chief Winkelh~e
From: K.Hurd
~F: March Tr~ning Repo~
Interviews and Interrogations
03/7-8/00
50,51
ILEA
16 Hfs
Training in various Interview and Interrogation Techniques. Overview of legal
requirements of interviews/interrogations.
Internal Affairs Investigations
03/8-10/00
16 Hfs
St. Louis
88,99
Training in conducting Internal Affairs Investigations, including legal requirements and
responsibilities.
National Traffic Safety Conference
03/12-14/00
82,88
24 Hfs
Nation wide trends and strategies dealing with traffic safety.
State Governor's Highway Traffic Safety Conference
03/29-30/00
Council Bluffs
16 Hrs
90
Training in statewide trends relating to traffic safety. Training in various traffic law
enforcement techniques.
Rapid Deployment Inst. School
03/15/00
Chicago
8 Hrs
Training for an instructor in rapid deployment tactics and techniques.
Missing Children Homicide --4 ~ ~ ~o ,
03/28/00
Sgt. Lord
8 Hrs
Des Moines
Training in the investigation and case management of missing children homicides.
Including techniques on developing information on missing children when leads are
limited.
Bomb Disposal Update
03/29/00
Officer Leik
8 Hrs
Des Moines
Update training for bomb disposal technician, including update on currently available
equipment and anticipated date of equipment distribution. Summary of new Hazardous
Devices School format.
SRT Range Training
03/28 and 29/00
CRPD Range
8 Hrs
SRT members
Monthly SRT weapons training and qualification. Introduction of new techniques by
Heick and Nixon.
SRT Scenario Training
03/14/00
SRT members
8 Hrs
Training in building search and deployment within schools.
FATS
Month long
47 Sworn Personnel
.25 Hrs
FATS training scenarios 4/ 4 involving traffic stops and #6 dealing with a domestic
dispute.
Watch Training #s
00-08 Dealt with residential burglaries
00-37 Dealt with MDT operation
00-28 Dealt with "emancipated juveniles"
00-36 Dealt with financial exploitation of the elderly.
00-38 Dealt with new US Supreme Ct. ruling on anon. tips and pat-downs
Copy: City Manager
Captain Widmer
PCRB
Guidelines for Approaching
Victims of Crime Terry Stops and Illinois V
Wardlow
Adapted from Department of Justice manual First
Response of Victims of Crime Adapted from Policy Review IACP
In 1968 the United States Supreme Court in Terry v.
The way people cope as victims of crime depend
largely on their experiences immediately following the Ohio, held that police officers who have reasonable
crime. As law enforcement officers, we are usually the suspicion that an individual has committed a crime, is
committing a crime, or is about to commit a crime may
first officials to approach victims. For this reason, we
are in a unique position to help victims cope with the stop that individual for questioning and may, if
circumstances warrant, frisk the individual for weapons
immediate trauma of the crime and to help restore their
sense of security and control over their lives, during the course of the stop. The legal requirement of
"reasonable suspicion" has been the focus of
Circumstances of the crime and the crime scene challenges under Terry stops. While reasonable
detd'mine when and how the first responding officers suspicion is less than probable cause to arrest, there
are able to address victims and their needs. Generally, must be objective, articdable facts that cumulatively
officers must attend to many tasks, including assessing indicate that the individual may be involved in a crime.
medical needs, determining facts and circumstances, This in turn means that the officer making the stop
advising other personnel and gathering anddistributing must be able to enumerate exactly what those
suspect information. Unless there is a life-safety issue, circumstances were that led the officer to believe that
sometimes, as the first responding officer, you must criminal activity is afoot and that the person being
delay your attendance to the victims. For example, if detained is involved in that activity.
the crime is ongoing, or if the collection of evidence or
investigation of the crime is extremely time-sensitive, Terry stops are differentiated from "consensual"
the first responding officer may not be able to direct contact, as when an officer is involved in a
"consensual" contact, the subject is free to walk away
their immediate attention to the victims. However, as
from the police. The courts have ruled that the police
continued on page 2 have no authority to detain any citizen where there is
no "reasonable suspicion" based upon objective,
I N S I D E T H I $ I S $ U E articulable facts that the person is involved in a crime.
In Illinois v Wardlow, officers were actively patrolling a
I Approaching Victims of Crime
high crime/narcotics trafficking area. When Wardlow
'1 Terry Stops and Illinois v. Wardlow saw the officers he fled on foot. He was subsequently
arrested. In the past, the Supreme Coud has held that
4 CALEA update persons were free to flee if the police did not have
reasonable suspicion to detain them. In this case it
was the Wardlow's action of fleeing from the police,
while in a high crime zone which created the
reasonable suspicion for the police to stop him. The
continued on page 3
training I
continued from page 1
soon as the most urgent and pressing tasks have been possible.
addressed, officers will focus their attention on the · Ask victims about any speci~i~concer[~ or needs
victims and their needs. At this point, how the officers they may have. :~-~-. -¢'~-' :~;~-,.~
respond to victims, explain the competing law ..... .i _~ .,.~-, ~
enforcement duties and work with the victims is very · Pro idea safety net for vl~s bef~.~e le,amng.
important. Make telephone calls and pull~;i(~eiher p~ersog~[]'~r
professional support for the vic_ti~. ~e vi~s
By approaching victims appropriately, you will gain related informational pamphl-~')-~:';"~ludi~,~.~ ,,,,
support
their trust and cooperation. Victims may then be more services, victim compensatio)~, inforrn'~ion and
willing to provide detailed information about the crime hotline numbers. ~
to officers and later to investigators and prosecutors,
which, in turn, will lead to the conviction of more · Give victims, in writing, your name and information
criminals. Remember that you are there for the victim, on how to contact you. You may wish to include
the victim is not there for you. the case or incident number with the information.
Encourage them to contact you if they have
You can help victims by understanding the three major questions.
needs they have after a crime ahs been committed:
· The need to feel safe; Victims need to express their emotions
· The need to express their emotions; Victims need to air their emotions and tell their story
· The need to know "what comes next" after their after the trauma of the crime. They need to have their
victimization, feelings accepted and their story "heard" by a non-
Victims' need to feel safe judgmental listener. In addition to fear, they may have
feelings of self-blame, anger, shame, sadness, or
People often feel helpless, vulnerable and frightened denial. Their most common response is:" I don't
by the trauma of their victimization. As the first believe this happened to me." Emotional distress may
responding officer you can respond to victims' need to surface in seemingly peculiar ways, such as laughter.
feel safe by following these guidelines: Sometimes victims feel rage at the sudden,
· Introduce yourself to the victims by name and title, unpredictable, and uncontrollable threat to their safety
Briefly explain your role and purpose, or Jives. This rage can even be directed at the people
who are trying to help them. Yeu can respond to
· Reassure the victim of their safety and your victims' need to express their emotions by following
concern by paying close attention to your own
these guidelines:
words, posture, mannerism, and tone of voice.
(remember verbal judo, your non-verbals carry · Avoid cutting off victims' expression of their
more weight than your verbal cues) emotions.
· Notice victims' body language, and other non-
, Ask victims to tell you in just a sentence of two verbals {verbal judo training). This can help you
what happened. Ask if they have any physical understand and respond to what they are feeling
injuries. Take care of their medical needs first, as well as what they are saying.
· Offer to contact a family member, friend, or crisis · Assure victims that their emotional reactions to the
counselor for victims, crime are not uncommon. Sympathize with the
victims.
· Ensure privacy during your interview. Conduct it in
· Counter any self-blame by the victims.
a place where victims feel secure.
· Speak with the victims as individuals. Do not "just
· Ask simple questions that allow victims to make take a report." Ask the victim how they are feeling.
decisions, assert themselves and regain control
· Let victims know you want to hear the whole story
over their lives, including things they don't think are important.
· To the extent possible, assure victims of the
· Ask open-ended questions. Avoid questions that
confidentiality of their comments whenever
can be answered by yes or no.
training 2
continued from page 1
court stated that while the presence in a high crime
UPCOMING TRAINING
area, or the fact that a person is fleeing from the police
THIS IS A PARTIAL LISTING OF UPCOMING TRAINING THAT MAY BE does not constitute reasonable suspicion, taken in
AVAILABLE. DO NOT CONSIDER THIS A POSTING. ANY LETTERS combination there was reasonable suspicion.
SUBMITTED BASED ON THIS .WILL NOT BE CONSIDERED A Wardlow is a 5 - 4 and the court declined to create a
REQUESTTOATTEND. "bright line" rule, which states that running from the
police, in and of itself creates reasonable suspicion.
TRAININO EVENT One thing that Wardlow does not hold is that officers
PLACE NATL. GUARD ARMORY have reasonable suspicion to stop everyone who is
DATE APRIL10-11 AND12-13 running away from them. It merely allows officers to
Terrorism/Weapons of Mass Destruction consider the fact that the subject is running, along with
Training Event other factors when determining if there is reasonable
suspicion to detain a subject.
PLACE TIFFIN GUN CLUB/CRPD RANGE
DATE MAY 15-19 Additionally, Wardlow was a situation where the officer
RangeWeek. was in uniform. It is unlikely that the decision would
have been decided in this manner if the officer(s) were
TRAINING EVENT in plain clothes or a non-traditional uniform and/or if
PLACE MOLINE PD they initiated the contact from unmarked patrol car.
DATE MAYt5-19ANDMAY22-26 I.e. is it reasonable for a person to flee from
Police Cyclist training, unidentifiable people whom are attempting to stop
TRAINING EVENT them.
PLACE EAU CLAIRE, WI The officer must base all investigative stops on
DATE MAY22-24 reasonable suspicion, that the person to be stopped
MATAI conference/ACTARtesting, has committed is committing or about to commit a
criminal act. Reasonable suspicion must be based on
specific, articulable facts. What constitutes reasonable
sus~picion is seldom provided by just one fact; rather its
existence depends on the totality of the circumstances.
These may include but are not limited to location, time,
and behavior. While the decision in Wardlow is
helpful, it is more of a clarification then an expansion of
the officer's authoritv.
THIS AND THAT
Officer Singleman forwarded the following "reminder". Thanks
From a recent incident in Wisconsin...the members of the CRT were down in a basement trying to control a
subject. Two officers not involved in the incident and removed from the scene were "chatting" about the
incident on their data terminals .... #1 "1 guess they're gassing the beck out of him and he still won't come out."
#2 "Is he still alive?" #1 "1 hope not." Of course these messages were retrieved and are currently being used
by the family in the civil suit, with an atty. for the family saying the "the information would be fodder to show the
department's "cowboys and Indians" attitude toward the standoff." Bottom line,..Anything you send from your
data terminal is retrievable. If the message you are about to send is not something you would be willing to
state verbally in a crowd or court; perhaps you had better reconsider sending.
Recently there have been instances where there have been holds put on impounded v~les fo roof-~
current registration. While current registration is required to operate a vehicle on public highway; thi§'jn and~:
itself is not grounds for placing a hold on the vehicle.
Motivation is what gets you started. Habit is what keeps you going, Unknown ' .....
training 3 ~> '~
Continued from pg. 2
· Show that you are actively listening to the victims arraignment of a suspect.
through your comments, facial expressions and · Tell victims about subsequent law enforcement
body anguage. (once again VJ) interviews or other kinds of interviews they can
· Avoid interrupting victims while they are telling expect.
their story. · Discuss the general nature of any medical forensic
· Repeat or rephrase what you think you heard the examinations the victim will be asked to undergo
and the importance of these examinations for law
victims say. I.e. "Let's see if I understood you
correctly." enfomement.
Victims need to know "What Comes Next" after their · Explain what specific information from the crime
victimization reports will be available to news organizations.
Discuss the likelihood of the media releasing this
Victims often have concerns about their role in the information.
investigation of the crime and in the legal proceedings.
· Counsel victims that lapses of concentration,
They may also be concerned about issues such as
media attention or payment for health care or property memory losses, depression and physical ailments
damage. You can help relieve some of their anxiety by are normal reactions. Encourage them to
telling victims what to expect in the aftermath of the reestablish their normal routines as quickly as
crime. This will also help prepare them for upcoming possible.
stressful events and changes in their lives. You can · Give victims literature listing resoumes available
respond to victims' need to know about what comes for help and information.
next after their victimization by following these
· Ask victims whether they have any questions.
guidelines: Encourage victims to contact you if they have
· Briefly explain law enforcement procedures for questions or need additional assistance. *
tasks such as the filing of your report, the
investigation of the crime, and the arrest and
March Training -~ CALEA UPDATE
At this time we are in compliance with approx. 310 of
Member(s) Training Hfs the 439 CALEA standards. There are an additional
75 standards that are somewhere in the review
50,51 Interview/Interrogation 16
process. This leaves 54 standards that have not yet
88,99 Discipline 24 been addressed.
98 Rapid Deployment Inst. 8 During March, G/O 99-05, Use of Force and G/O 99-
04, Canine Operations have been reviewed. They
82,90 Natl. Traffic Safety Conf. 24 will be reissued in April under the new prioritization
format. Use of Force will obviously be a red and
90 Governor's Traffic Safety Conf. 16 Canine will be reissued as a green.
95,97 Missing Children Homicide 8
An order regarding body armor has been circulated
16 SRT Situational Training 8 for comment/review. It requires that officers electing
not to wear the armor take it with the~r~ in their
15SRT Firearms Training 8 vehicle. (Note: This is not intepr~ed to ~an that
patrol officers may leave their '~t,~ th~trunk of
All WT #s 00-08,37,28,36 their assigned vehicle. They will~:~e~_d to t_~,ke i~d~
23 Bomb Disposal Update 8 with them each day.) It has genera.ted! con'~ersati~
If you have any strong feelings;-.get the[z~ to !j_~Le,
47 Sworn FATS .25 ASAP.
33,17,55 Motor Vehicle Theft 8
DATE: March 6th, 2000
TO: Commanders (Pass on to all officers)
FROM: k.hurd
SUBJECT: Watch Training
This week's watch training deals with residential burglaries and G/O 99-02 Open
Door Response. If there are any questions, officers should refer to the order in
its entirety. Also officers are to consider their~ options when meeting a potential
suspect while responding to the scene. Th~ key consideration is that the initial
officer is on scene with a broken window and there are no other units
immediately available.
Cc: Chief Winkelhake
Capt. Hamey
Capt. Widrner
Watch Training 00-08 '? ~ ~ ~
Residential Burglary c3 ~
Scenario - It is 22:04 and you are dispatched to a single family residence rof~..-a,.su~ct
looking in windows about 10 minutes ago. The caller is a neighbor who st~/e~'ihat ;the
residents are out of town for the weekend. There is no physical description av~fflable. C/-Ou
are responding as the second unit. The first responding unit advises that the window on
the patio door had been shattered, it is unknown if there is anyone inside the house. There
are no other units available to respond, As you approach the area you observe a subject
carrying a backpack walking quickly away from the area. You decide to ...
Critical Issues (Supervisors discuss with officers possible options)
As the second responding unit should you continue the response to back the initial unit
and call for the next available unit to attempt to locate the person leaving the area or, stop
the subject leaving the area leaving the initial officer alone at the scene.
In the absence of the residents, what criterion determines the decision to search?
G/O CPS 08.3 ALARM / OPEN DOOR RESPONSE is as follows:
1. If a property representative is not available and there is a reasonable basis on which to
conclude that an emergency threat to persons and/or property exists, a supervisor may
authorize a warrantless entry and search by officers. In the absence of such
circumstances, any search must be pursuant to a warrant.
2. When a determination to search is made, ~ith or without contacting a property
representative, a supervisor should be present at the scene.
3. When a determination is made to search the property, officers should consider
requesting an available canine team in assisting in the search. All use of canine teams
shall comply with canine polices and procedures.
4. If it is determined that a search will be conducted, officers shall identify themselves
as members of the Iowa City Police Department prior to entry. If exigent
circumstances exist, this notification may be waived by the supervisor on the scene.
Discussion
Would there be a difference if the complainant advised that the occupants of the house
were home'7
If the subject leaving the area had a fresh cut on their arm?
DATE: March 20th, 2000
TO: Commanders (Pass on to all officers)
FROM: k.hurd
SUBJECT: Watch Training 00-19
This week's watch training deals with "emancipated" juveniles. This training is
based on a situation, which arose several months ago when a parent was
informed that since the child was" emanci~o~ated" the options available to the
parent were limited. As covered in the WT, just because a juvenile is living
independently does not necessarily mean the parents have waived their rights or
are free from their responsibilities. This training was developed in conjunction
with Juvenile Probation and the County Attorney's office.
Cc: Chief Winke]hake
Capt. Harney
Capt. Widmer
hT i i g0028 ~
Watc ran n - .-_-
''Emancipated Juventles :~'
Scenario- You are called to a disturbance at a residence. Upon your arrival y .~..~'di~Cov~
that the resident is a 17 year old male; There is alcohol present and the ~nt
identified as having damaged a neighbors property. While speaking with the j~lle
states that he is "emancipated". You decide to file the appropriate criminal char~.
Critical Issu~ - What is an "emancipated juvenile"? In Iowa, there is no such thing as
an emancipated juvenile, unless he/she is legally ma~ied. Until they reach the age of 18,
a parent, governmental agent, or organization is responsible for the juvenile. While the
tern emancipated juvenile appears in chapter 232 of the Code of Iowa, it is referring to a
m~i~ juvenile of~a juvenile whose original residence is out of state and who have been
"emancipated" by that state. ~ you have a juvenile with documentation indicating that
they are legally emancipated from another state you should contact the Juvenile Probation
or County Atty.'s office for advice on how to proceed.
What should officers do when they deal with a juvenile who is living independently?
Officers should dete~ine who the responsible adult is. It may be the parent if the move
w~ mutually agreeable, i.e. attending UI; it may be a Probation Officer; DHS
c~eworker; or Organization. When filing criminal charges they go on the juvenile form
and the responsible party needs to be advised and receive a copy of the charge.
NOTE: Even if a child is living independently the requirements for custodial
inte~ogation of juveniles still apply; i.e. 15 or under n~d parental consent; 16 or older
need good faith effo~ to contact a parent or guardian.
Discussion - '"
Often times the te~ "emancipated juvenile" is used when a juvenile is living on their
own. In Iowa they may live independently if it is mutually agreeable with the juvenile
and their parent(s). This does not relieve the parent of responsibility or liability. It also
does not give the juvenile the option of "signing themselves off" on the juvenile form.
If the child is living away, against the wishes of their parent(s) they are a runaway. (This
of course does not apply to a legal placement)
If the juvenile is living away from home because they are in fear, this may be a C~A
. situation. In instances where the juvenile states "my parents kicked me out", officers
should check with the parents to find out what the status is. [n most cases this is a
situation where the child has elected not to follow the roles set out by the parent. In this
situation if the parents decline to take the child back or the child refuses to return under
the parents conditions, officers should make arrangements to place the child in a shelter
and make the appropriate referrals. In instances where a parent refuses to take a child
back they should be advised that they are civilly responsible for the child's acts until the
child turns 18 or there has been a legal termination of the parental righls and placement
arrangements made for the chil&
,"- Ce
IOWA CITY POLICE DEPARTMENT
TRAINING BULLETIN 00-20
DATE: March 9th, 2000
TO: Commanders (Pass on to all officers)
FROM: k.hurd
SUBJECT: Watch Training
Attached is a WT for computer Iogoff. Apparently this hasn't been happening
prior to shutdown and has caused some confusion. Merely powering down the
system will not log an officer off the "MDT" sys. t~em.
Also at approx. 15:00~day they will be changing the automatic Iogoff feature from
5 hours to 2 hours. I.e. If an officer signs on at the beginning of his/her watch
and then walks the plaza for 3 hours, when they return to their car, they will be
logged off the system and will need to sign on again.
CC: Chief Winkelhake
Capt. Hamey
Capt. Widmer
Watch Training 00-37
Laptop/MDT Computer Shutdown/Logoff
Scenario - It is the end of my watCh, I want to go home but first I need to LOGOFF the
"MDT" laptop computer system.
Critical Issues - While officers have been good about powering off the in-car computers,
there have been some problems with officers not logging off their in-car laptops prior to
"powering" down. When this is not done it can cause confusion in communications as it
shows an officer currently on duty and potentially available for calls.
What do I need to do to properly logoff and power down?
Discussion - Here is the proper sequence for logging off the "MDT" system.
· Press the "Status" button (Fl) in the upper right corner of the Vision Mobile window. If
this window has been minimized, you will need to go to the task bar and maximize the
window.
· From the Status bar, press the "Logoff" button. This will bring up the Iogin/Iogoff dialogue
box.
· In the Iogin/Iogoff dialogue box, press the "End of Tour" button. The software should
respond by saying "End of tour."
· After you have logged off the mobile switch (End of Tour), press the "Exit System"
button. This will close the mobile software.
· Before shutting down the laptop, you should close any other program you may be in.
· From the task bar, press the "Start" button and choose "Shutdown"
· When the shutdown dialogue box comes up, oheck to be sure that the top choice
"Shutdown Computer" is selected and click OK.
Additionally the system currently has an automatic Iogoff programmed in at the 5 hour mark.
This is being changed to 2 hours. This means that once you sign on, if you have no activity
on your "terminal" for 2 hours, the system will automatically log you off and you will need to
log on again to access the system.
For questions or concerns contact:
Leigh Sloan
Programmer/Analyst
Business Phone: 319.356.5420
Business Fax: 319.356.5009
IOWA CITY POLICE DEPARTMENT
TRAINING BULLETIN 00-22
DATE: March 27th, 2000
TO: Commanders (Pass on to all officers)
FROM: k.hurd
SUBJECT: WT 00-20 Financial ExPloitation
This week's watch training deals with financial exploitation of the elderly. It is
from the Iowa Dept. of Elder Affairs Consumer Protection and Advocacy Unit and
was forwarded by Officer Shaffer. Thanks for the assist.
Cc: Chief Winkelhake
Capt. Hamey
Capt. Widmer
Watch Training 00 36 '~. ~-.~ - ~
Financial Exploitation
Scenario - An elderly gentleman, Bob, hved in his own home and was mentally.~giI.
did, however, have difficulty moving about. With this physical limitation, B~ relie~
upon friends to assist as they could. One friend became his power of attorney.
evening, Bob fell and was taken to the hospital and had to stay in hospital for several
weeks. His friend cleaned out Bob's checking and savings account by presenting ,t~,,e,
power of attorney documents to bank personnel.
Critical Issues -
Financial exploitation is the "act or process of taking unfair advantage of.a. depedidant
adult or dependent adult's physical or financial resources for one's own personal or
pecuniary profit, without the informed consent of the dependent adult, including theft, by
the use of undue influence, harassment, duress, deception, false representation or false
pretenses." Code of Iowa 235B.2.
Studies have shown that in almost cases of financial exploitation of the elderly, the
culprit is not the slick salesman or the unscrupulous investment advisor. The shocking
truth is that the exploiter is usually a relative, friend or caregiver in whom the elderly
person has placed trust and confidence.
Discussion - Financial exploitation can range from armed robbery of the elderly by their
loved ones to theft of their personal possessions, unfulfilled promises of lifetime care in
exchange for deeding over assets, to exotic schemes to defraud them of literally anything
of value.
Listed below are indicators of financial abuse:
· Inaccuracy, confusion or lack of knowledge of finances
· Disparity between income/assets and lifestyle or living arrangement
· Caretaker expresses unusual interest in the amount of money being expended for the
care of the dependent adult
· Unpaid bills when resources should be adequate
· Signature's on checks do not match the dependent adults signature
· Unusual activity in the dependent adult's bank account
· Dependent adult tums financial affairs to someone in exchange for lifelong care and
then does not have the basic necessities such as food and shelter
,, Caretaker begins to handle the dependent adult's affairs without his/her consent or
without legal relationship with the dependent adult (e.g. Power of attorney or
conservatorship)
The effects of financial exploitation can mean more than a lack of funds to dependent
adult. Financial exploitation can directly impact quality of care depriving victims of the
means to access medical treatment and medications, proper nutrition and shelter. For
additional information contact the Iowa Dept. of Consumer Protection. 515-281-5187.
IOWA CITY POLICE DEPARTMENT
TRAINING BULLETIN 00-24
DATE: March 30th, 2000
TO: Commanders (Pass on to all officers)
FROM: k.hurd
SUBJECT: WT 00-23 Anon. Tip/Pat-down
Attached is the WT for the week of 04/03. Yes I know it's early. This is a US
Supreme Court ruling which came out Tues. and states that the pat-down of a
subject based solely on an anonymous tip~ is unconstitutional. I have the
complete decision in my office if anyone is int~i'ested.
Cc: Chief Winkelhake
Capt. Harney
Capt. Widmer
g 00
Watch Trainin -38
Anon. Tip/Pat-down
Scenario - After an anonymous caller reported to the Miami-Dade Police
black male standing at a particular bus stop and wearing a plaid shirt was ca~y~hfg
officers went to the bus stop and saw three black males, one of whom, respo~6~
was wearing a plaid shirt. Apart from the tip, the officers had no reason to suspect an~c~f
the three of illegal conduct. The officers did not see a firearm or observe any unusual
movements.
Critical Issues - Does the existence of an anonymous tip provide sufficient "Reasonable
Suspicion" for an officer to detain a subject based solely on the tip? If the officer detains
the subject, would the officer be justified in conducting a pat-down of the subject based
solely on the anonymous tip?
Discussion -
SUPREME COURT OF THE UNITED STATES
FLORIDA v. J. L.
No. 98m1993. Argued February 29, 2000-Decided March 28, 2000
One of the officers frisked J. L. and seized a gun from his pocket. J. L., who was then
almost 16, was charged under state law with carrying a concealed firearm without a
license and possessing a firearm while under the age of 18. The trial court granted his
motion to suppress the gun as the fruit of an unlawful search. The intermediate appellate
court'reversed, but the Supreme Court of Florida. quashed that decision and held the
search invalid under the Fourth Amendment.
HeM: An anonymous tip that a person is carrying a gun is not, without more, sufficient
to justify a police officer's stop and frisk of that person Apart from the tip, the officers
had no reason to suspect any of the three of illegal conduct. The officers did not see a
firearm or observe any unusual movements. Apart from the tip, the officers had no reason
to suspect any of the three of illegal conduct. The officers did not see a firearm or observe
any unusual movements. An officer, for the protection of himself and others, may
conduct a carefully limited search for weapons in the outer clothing of persons engaged
in unusual conduct where, inter alia, the officer reasonably concludes in light of his
experience that criminal activity may be afoot and that the persons in question may be
armed and presently dangerous. Terry v. Ohio, 392 U.S. 1., 30. Here, the officers'
suspicion that J. L. was carrying a weapon arose not from their own observations but
solely from a call made from an unknown location by an unknown caller. The tip lacked
sufficient indicia of reliability to provide reasonable suspicion to make a Terry stop: It
provided no predictive information and therefore left the police without means to test the
informant's knowledge or credibility. See Alabama v. White, 496 U.S. 325~, 327. The
contentions of Florida and the United States as amicus that the tip was reliable because it
accurately described J. L.'s visible attributes misapprehend the reliability needed for a tip
to justify a Terry stop. The reasonable suspicion here at issue requires that a tip be
reliable in its assertion of illegalityi not just in its tendency to identify a determinate
person. This Court also declines to adopt the argument that the standard Terry analysis
should be modified tO license a "firearm exception," under which a tip alleging an illegal
gun would justify a stop and frisk even if the accusation would fail standard pre-search
reliability testing. The facts of this case do not require the Court to speculate about the
circumstances under which the danger alleged in an anonymous tip might be so great-
e.g., a report of a person carrying a bomb-as to justify a search even without a showing
of reliability.
727 So. 2d 204, affirmed.
Ginsburg, J., delivered the opinion for a unanimous Coup. Kennedy, J., filed a
concurring opinion, in which Rehnquist, C. J., joined.
Apart from the tip, the officers had no reason to suspect any of the three of illegal
conduct. The officers did not see a firearm or observe any unusual movements.
Observation:
While the officers may be justified in making contact with the individual, the detaining of
the subject based solely on an unsubstantiated, anonymous tip would not be appropriate;
making contact with the person where the subject is free to go and requesting
identification may be appropriate. During this period the officer may develop
information which could lead to reasonable suspicion. (I.e. while getting ID the officer
observes a handle of a gun, or the informant or seqond party comes forward and identifies
him/herself to the police and provides information)
Complete decision available in T/O office.
CD