Indiana Law Enforcement Academy
Steven D. Guthrie
Michael Anderson
Safe and Proper Pat-downs and/or Searches
Instructor Steven D. Guthrie
Retired – Anderson Police Department – (1978 - 2003) Patrol (10 yrs.)
Training (8 yrs.)
Assistant Chief (6 ½ yrs.} )
Indiana Law Enforcement Academy – (April 2003 -Present) Master Instructor
Ethics
Interpersonal Communication
Tactical Medical Awareness
Use of Force
OIC Fitness Assessment & Police Chief Executive Program
Bachelor of Science in Criminal Justice Columbia Southern University (March 2003)
S&G Consulting Use of Force Consultant
Self-Defense
Interpersonal Communication
Ethics/Professionalism
State Certified Instructor (PSID: 7393-4128) Physical Tactics/Krav Maga/S.P.E.A.R.S./R.A.D./Ground Fighting
Use of Force/Firearms/OC Spray
Physical Fitness/EMT-B
Instructor Michael Anderson
Anderson Police Department – (1994 – Present) Indiana Law Enforcement Academy (1994)
Patrol Division (1994-2000)
Criminal Investigation – Detective (2000 – 2005 & 2012 to 2016)
Training Coordinator (2006 – 2012)
Madison County Drug Task Force (2016 – Present)
Fraternal Order of Police – Vice President (2005 – 20011 & 2014 – Present)
Use of Force Training PPCT Defensive Tactics training
Street Survival Tactical Edge
ASA Tactical Baton Instructor
Krav Maga Instructor Certification
TASER
FGrav Instructor Course
Investigative Training P.A.T.C. Advance Practical Homicide Investigation
P.H.I. Advance Practical Homicide Investigation
Several Interviewing Techniques courses
Force Science Investigation, Investigator Certificate
S& G Consulting (2007 – Present)
Disclaimer
The information contained in the training material, Safe and Proper Pat-downs and/or Searches, is for the exclusive use of participants who attend the training.
The instructors make no guarantees of results and assumes no liability in connection with either the information contained herein or material presented by the instructors.
Furthermore, it cannot be assumed that every appropriate procedure has been presented or that some situations may require additional and/or alternative procedures.
Participants are reminded that federal and state statues, local ordinances, court rulings and their agency’s policies may differ and will supersede whenever there is a conflict with the information contained in this training manual.
Mission
The mission of public schools is to maximize the
academic and social development of the
students. The big challenge is to balance
students’ constitutional rights with the need for
safety and preventing violence or disregard for
school rules.
Objectives
Constitutional Awareness
Increase awareness on reading body language
and potential signs of resistance
Know how to conduct a safe and proper pat-
down/search
Increase awareness for common places a
student may hide weapons, drugs, and/or other
objects on their person
Constitutional Amendments Fourth Amendment:
Prohibits unreasonable
searches and seizure
Concern with privacy
Governmental entities
Reasonable Suspicion
Based on common sense,
nontechnical conception
information/experience/knowledge
o Briefly detained
o Pat down
Probable Cause
Reasonable/Prudent person
Known facts/circumstances
o SRO – Local authority
Fifth Amendment:
Due Process Clause
Similar to the Fourteenth
Procedural
Substantive
Prohibition against vague laws
Incorporation of the Bill of Rights
o Specific information about
charges and supporting evidence
o A chance to tell their side of the
story
The Fourth Amendment and
depending on results the
Fifth Amendment may apply
Situations
The Fourth Amendment and maybe the Fifth Amendment might apply Drug Testing – (extracurricular activities)
Use of Canine Contraband in plain view may be seized without
Reasonable Suspicion
Probable Cause
Specific facts/circumstances
Warrant
Seen as non-intrusive
Lockers searches and metal detectors Lower expectation of privacy May look in locker or desk without notification
Situations… Cont. Searches of backpacks, wallet, and personal computers
School staff only needs reasonable suspicion – (U.S. Supreme Court 1985-New Jersey v. T.L.O.)
Other Case Laws A.S. v State of Florida, 1997
In re Commonwealth v. Carey, 1990
Bridgman v. New Trier High School District N0. 203, 1997
DesRoches v. Caprio, 1998
Burnham v. West, 1987
Conducting student searches:
School Policy/Case Law
Pat-downs are minimally intrusive
Searches more intrusive
Must be justified, (e.g. specific reason – rule violation)
Must be reasonable in how it is done Circumstances:
o Age
o Gender
o Staff Gender
o Rule/Law Violated
Pat-downs/Searches Pat-downs
School Policy or Case Law
Dialogue
Come to you
Body language
Searches
School Policy or Case Law
Probable Cause
More intrusive
Cooperative
Uncooperative – (police)
Have student empty
pockets/backpack
Conduct Systematically
Signs of Resistance
Noncompliance
Placement of feet
Stare
“Dancing feet”
Pulling away
Lowering shoulder
NO strip searches
Highly invasive
Safford Unified School District
v. Redding, 557 U.S. 364 (2009)
Detecting Deception Verbal vs. Non-Verbal Communication
Content 7-10%
Voice 33-40%
Other Non-Verbal 50-60%
Behavior Analysis
Nervous
Overly Anxious
Evasive
o Can’t get a straight answer
Overly Polite/Overly Cooperative
Detecting Deception… Cont. Behavior Analysis… Cont.
Defensive
Watch the eyes
Hard Swallow
Nervous Cough
Detecting Deception… Cont. Deception appears as leakage across multiple channels
Shifty eyes, gaze aversion, eyes looking left reliable sign of
lying- MYTH
The channels are:
Facial expression
o Macro/micro/subtle expressions are universal
o They are immediate/automatic/unconscious reactions
o 1/15th of a second/Most people don’t see/Very reliable
Gestures & body language
Voice
Verbal style
Verbal Statements
Detecting Deception… Cont. Deceptive Response
Listen to what someone says and how they said it
Are there drugs and/or weapons on you, in your backpack,
your locker, or your vehicle?
“Not that I know of.”
“I don’t think so.”
“Shouldn’t be.”
“If there is it’s not mine.”
“Not to my knowledge.”
Universal Facial Expressions
Common places to hide drugs and weapons
Drugs:
Highlighters/Pens
Lip Gloss/Lip sticks
Cars
Pen/Pen Holders
Bathrooms
Candy Wrappers
Belt/Belt Buckle
Home Work/Posters
Shoes/Socks
Electronic Devices
Weapons:
Pockets
Waist band
Belt/Belt Buckle
Inside Pant Legs
Cuffs
Socks
Upper Shoulders
Edge Weapon
Pat-down/Searches
Questions