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