Legal Scenarios
You have a subject detained for a possible warrant. Dispatch confirms the subject has a warrant for murder out of Arkansas. Dispatch contacts Arkansas PD and they advise they do not want to extradite.
Must release the subject, can't arrest for the warrant if non-extraditable
10-94
Back up
Subject keeps approaching scene to record officers and is way too close
Obstruction/Resisting Officer Without Violence (843.02) (or new Halo law in effect)
Handcuffing
Apply cuffs, check for tightness, double lock
House after seeing blood on the floor from outside the window and the neighbor is advising they heard people yelling just before you got there
YES - Exigent circumstances
You find a man passed out behind the wheel of his parked car - he's intoxicated. His friend took the car keys away prior to PD arrival.
Can't establish Actual Physical Control, the intoxicated man can't drive the car without the keys. No DUI
Missing Person
s8
Subject hid in changing room until the store closed in order to steal merchandise.
Burglary 810.02 – F
Call out a traffic stop
“Call sign 10-50. Location x2, State tag, tag number x2, color, make, times occupied.”
Lady on the street thinks she was a subject put a handgun in his bookbag, wants the bag checked
NO
You pull over a vehicle for running a stop sign, the passenger asks if he is being detained or if he can get out of the car and leave
Passenger is temporarily detained
(The United States Supreme Court has stated that ordering the driver (and passengers) from the vehicle is reasonable and within the Fourth Amendment parameters for officer safety reasons. The request is incident to the stop. No separate exigency is required nor needs to be articulated. Pennsylvania v. Mimms, (S.Ct.1977)
Suicide
s32
Subject was found pushing a Publix shopping cart 5 miles away from the store
Retail Theft 812.015(8) – 2M
Find an open door on an alarm call
Advise have an open door, ask for a backup (if don’t have/need more), ask for 10-33 on main to check interior, interior check
Passenger’s purse in a car after smelling burnt marijuana from vehicle
YES - Plain smell
Store manager says they want a subject trespassed and to never return. The subject begins exiting the store and walking away while saying he doesn’t want to talk to you or give you his name
10-52
ETA
Juveniles took a stop sign they found on the side of the road
Felony Grand Theft
5-year-old choking
Ask (if can cough/speak/ breathe -> try clear on own)
Slap (lean forward, 5 blows to back between shoulder blades with heel of palm)
Squeeze (one hand clenched fist above belly button, other hand grasps fist and pulls inward)
Unresponsive -> CPR
The car of a shoplifter arrested while driving away from the store
YES - Incident to arrest
Caller has been renting his spare bedroom to a friend for 5 months. The friend has no other residence and all his stuff is in the bedroom. They got into an argument this morning and the caller now wants the friend trespassed and removed from his house.
Can't trespass the friend, the caller must use the eviction process. The friend is no longer a transient occupant and is considered a tenant.
s36
Fight
Victim felt tugging on her purse and turned around to see a man taking her wallet out of it
Robbery by Sudden Snatching 812.131 – F
See fresh marijuana on passenger seat of car during traffic stop
Ask questions that prove it’s LEGAL (dispel alarm, not incriminate)
“Do you have any hemp in car? CBD products? Any medical marijuana?”
Separate and MIRANDIZE occupant(s)
Seize contraband and test
Car that is on the side of the road, the motorist is waiting for a tow because the car is out of gas, but you smell burnt marijuana emanating from inside
YES - Automobile exception