Contacts and Temporary Detentions
When a Deputy contacts an individual but does not create a detention through words, actions, or other means. In other words, a reasonable individual would believe his / her contact with the deputy is volunatary.
Consensual Encounter
When a deputy intentionally, through words, actions, or physical force, causes an individual to reasonably believe he/she is required to restrict his/her movement without an actual arrest. Also occur when a deputy actually restrains a person's freedom of movement.
Temporary detention
Frequent casual contact with consenting individuals is encouraged by the Marin County Sheriff's Office for what three reasons?
1.) To strengthen community involvement
2.) Community Awareness
3.) Problem identification
When can field photographs be taken without consent?
IF-they are taken during a detention that is based upon reasonable suspicion of criminal activity AND
the photograph serves a legitimate law enforcement purpose related to the detention.
The subject should not be ordered to remove or lift any clothing for the purpose of taking a photograph.
The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purpose of determining the individual's identity and resolving the deputy's suspicions.
Field Interview
The Marin County Sheriff's Office respects the right of the public to be free from [what]?
Unreasonable Search and Seizures
When intiating a stop, the deputy should be able to point to specific facts which, when considered with the totality of circumstances, reasonably warrants the stop. Name 3 factors.
1. appearance or demeanor suggesting that he/she is part of a criminal enterprise or is engage in a criminal act.
2) Actions suggesting that he/she is engaged in criminal activity
3) Presence in an area at an inappropriate hour of the day or night.
4) Presence in a particular area of suspicion
5) Excessive clothing for the climate or clothes bulging in a manner that suggests he/she is carrying a dangerous weapon
6) Carrying suspicious objects or items
7) Location in proximate time and place to an alleged crime
8) Physical description or clothing worn that matches a suspect in a recent crime
9) Prior criminal record or involvement in criminal activity as known by the deputy
Where shall field photographs of juveniles be uploaded?
Photographs of juveniles shall NOT be uploaded onto any department online photograph repository.
Posed photographs taken of a person during a contact, temporary detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a body-worn camera, or public safety camera when persons are not posed for the purpose of photographs are not considered "blank" photographs
Field Photographs
The decision to temporarily detain a person and complete an FI, pat-down search, or field photograph shall be left up to the deputy based on what 3 factors?
1.) Totality of circumstances
2.) Officer Safety considerations
3.) Constitutional safeguards
What is the purpose of a pat-down search?
The purpose of this limited search is *not to discover evidence of a crime, but to allow the deputy to pursue the investigation without fear or violence.
A type of search used by deputies in the field to check an individual for dangerous weapons. It involves a thorough patting-down of clothing to locate any weapons or dangerous items that could pose a danger to the deputy, the detainee, or others.
Pat-down search
A Deputy may initiate a stop of a person and conduct an FI under what conditions?
1.)Based on observance of suspicious circumstances
2.)Upon information from investigation
3.)and when there is articulable, reasonable suspicion
Circumstances for justifying a pat-down search are? Name 3
1) Type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons are involved
2) Where more than one suspect must be handled by a single deputy
3) The hour of the day and the location or neighborhood where the stop takes place
4) prior knowledge of the suspect's use of force and/or propensity to carry weapons
5)The actions and demeanor of the suspect
6) Visual indications which suggest that the suspect is carrying a firearm or other weapon
When, under the totality of circumstances, a deputy has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity.
Reasonable suspicion
A person shall not be detainer longer than [what amount of time]?
longer than is reasonably necessary to resolve a deputy's suspicion
Whenever practicable, what additional resource should be positioned to ensure safety of the deputy conducting a pat down search? This resource shall not be involved in the search.
Cover Deputy