Constitutional Police Procedure - An Instructional Dialogue

Constitutional Police Procedure - An Instructional Dialogue - Kindle edition by Michael A Petrillo. Download it once and read it on your Kindle device, PC.
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  • Understanding Graham v. Connor.

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No one explained that there are Standards of operation all across the state if not the Country as to how an investigation is conducted. Such as if the person is deceased at the scene the body remains as part of the crime scene, not to be disrespectful. That people are not charged with crimes because of public opinion, the crimes area based on elements of a crime, as in demanding the officer Wilson be immediately arrested and charged. That officers have a right to protect themselves when having their face pounded on by a person twice or three times there size.

They are not required to ask how old a suspect is before shooting them, because they apparently don't have the physical ability to fight the offender off.

Terry v. Ohio :: U.S. 1 () :: Justia US Supreme Court Center

Very simple don't be criminal don't deal with the Police. One issue not addressed in this article is the issue of politics. Case law and proper procedure go out the window when the AG and the state Gov all but tell the public the Officer is guilty. So as law enforcement what do we do? You should feel embarrassed at your opinion, i have been in Law enforcement for over 40 years and you still miss the point. He committed no crime and there were no facts that he had.

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Once stopped, he gave a lucid explanation which none of the officers bothered to check out, WHY! Read my book "Command Decisions" and you will learn why you miss the point? It available on Amazon.

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My next book "Command Decisions, Use of Force" will be even more open about why police shoot, injure and violate the law in the US. Get it together police officers, stop trying to justify breaking the law, and start following it! Peter, You've been in law-enforcement for 40 years?? Clearly, you've been a shitty officer for those years. Look up reasonable suspicion and apply his actions to it. Don't forget old timer that reasonable suspicion allows us to detain to investigate if a crime has been committed, is being committed, or about to be committed.

Peter Hilton suggests that racism was a factor in the original Graham stop. Interesting to note the reality of this encounter as briefed to me during a recent training seminar. Officer Connor and the other officers at the stop were all African Americans.

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It just wasn't part of the way officers worked those many years ago. Who's "hind sight" is G v Conner talking about , the officer applying the force or the person s examining the incident. Is post incident video viewing hindsight? One needs only to research Peter Hilton, JD, to determine why he holds the views he espouses.

A check of his LinkedIn profile reveals his background is in loss prevention for 30 some years, and while he lists his rank of lieutenant for the Los Angeles Dept of Transportation - that is the city department that deals with parking, traffic control and enforcement, and taxi cab enforcement. They do not carry weapons or make arrests.

I find something very disturbing about this article. It stated "Our society would benefit from listening to Rehnquist's opinion rather than listening to community activists, protesters", especially when all these people are part of the community and deserve the same service. These are the people you should be listening too because they have the ear of the community. It is a way to find solutions, but instead the article treated them as if they were not significant. No doubt that race did play a part in Graham.

A very helpful and useful article. Thank you for writing it. You have one fact incorrect. The Graham holding specifically rejects motive and intent as a basis for determining "objective reasonableness. Rhenquist wrote, "the 'reasonableness' inquiry in an excessive force case is an objective one: State of mind, intent, perception cannot factor into a claim for justified use of force.

Thank you for your service. Brian Purnell is incorrect. Connor clearly states, "[t]he 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene Patrick and John C. Hall, Carolina Academic Press. As correctly stated by these authors, "[a]n assessment of the justification for the use of [force] must be made solely based upon the perceptions of the officer or officers involved at the time the decision was made to use [force], and viewed through a prism of objective factors which define a threat and appropriate responses.

Given the "tense, uncertain, rapidly evolving" situations that police officers are necessarily thrust into, mistakes are bound to happen. The question then becomes, "were the officer's perceptions reasonable under the circumstances?

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Please accept my belated response due to other issues, not in any way directed toward the article. I thought it was excellent and further illustrated the adage, "We don't know, what we don't know" when we read through the comments! Since my retirement from the University of Illinois Police Training institute a few years ago I still follow the issues relative to use of force, etc. My worry most recently is that it appears as though an undercurrent is pushing for changes in reference to Graham legislatively Fla.

Sadly, its the police doing it to themselves and the other entities Courts, case law, media sources, etc. Set up a giveaway. Feedback If you need help or have a question for Customer Service, contact us. Would you like to report poor quality or formatting in this book? Click here Would you like to report this content as inappropriate? Click here Do you believe that this item violates a copyright?

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