Cadet - Help Sheet

Reasonable suspicion: The belief someone has committed, is committing or is going to commit a crime based on articulable fact.

- For example, you see someone running out the doors for Vangelicos after there has been a report of a robbery.

- You can detain for questioning.

- You can GSR a suspect if it helps gain evidence.

- You can frisk (pat down for weapon) with reasonable suspicion, as long as you believe that the person is also armed and dangerous.

Probable cause: The step up from reasonable suspicion, you have hard evidence someone has committed a crime, but does not have to be complete certainty.

- For example, you see someone smashing the cases and putting jewellery into their bag at Vangelicos after a report of a robbery.

- You can search with probable cause.

- You can arrest with probable cause.

Searching:

- You can search with probable cause.

- You can search with consent.

- You can search in an extreme circumstance (such as you are going to bleed out if you don’t get a bandage off a downed officer).

Vehicle searching:

- You can search when you have probable cause the vehicle has been used in a crime or contains illegal contraband.

- You have consent from the owner.

- You are going to be taking it to the impound as it is abandoned.

Impounding:

- You should not impound at the side of the road; it must be taken to the impound.

- You can impound if the vehicle has been involved in a crime.

- You can impound if a vehicle is abandoned.

- You can impound on request from the owner.

Traffic stop:

- Used when a traffic offence has been committed.

- Can order the driver of passenger out the vehicle during the stop for your own safety.

- They are not free to leave until instructed by an officer.

Felony stop:

- A stop used when a vehicle is suspected to contain someone who has been involved in a serious crime, or the owner of the vehicle has a warrant.

- Needs a minimum of three units.

- Must be done in a safe location.

Force continuum:

1. Presence: A show of police presence: uniform, vehicle etc

2. Verbal: Verbal directions given:

- Ask – ‘Please leave the scene

- Order – ‘Leave the scene of you will be arrested’

3. Bodily Movement: Use of the body which may cause low levels of harm:

- Walking/ moving people away from the scene

- Tackling/ punching if they become aggressive

4. Less than lethal: Baton, taser, pepper spray etc

5. Lethal: Can cause death/ serious harm – Class 1/2 weapon

We match force but are covered to use one level higher than suspects where required.`

Important case law:

- Terry vs Ohio: Rreasonable suspicion that the suspect has committed, is committing or may be about to commit a crime, and that the suspect is armed and dangerous, may conduct a ‘stop and frisk’ on a suspect.

- Tennessee vs Garner: May use deadly force to stop the escape of a suspect if the officer believes the suspect poses a threat to the life of others.

- Carol vs United States: If an officer has probable cause a vehicle has been used in a crime or contains evidence/ contraband from a crime they are able to search it without a warrant.

10 Codes:

10-2: Loud and clear 10-41: On duty

10-4: Acknowledgement 10-42: Off duty

10-7: Out of service 10-71: Shots fired

10-8: Back in service 10-76: En route

10-9: Repeat 10-77: Additionals required

10-13A: Officer down (emergency) 10-78: Additionals (emergency)

10-13B: Officer down (nonemergency) 10-80: Pursuit in progress

10-20: Location 10-90: Robbery in progress

10-23: Arrived on scene 10-95: Suspect in custody

10-31: Crime in progress CODE 4: All clear

10-38: Traffic stop CODE 6: Investigating area