Legal and Best Law Enforcement Practices
DATES: 4/8/2019 through 4/9/2019
INSTRUCTOR(S): Shaun Santos
LOCATION: Birmingham Police Academy - 401 6th Avenue South, Birmingham, AL 35205
HOTEL: Drury Inn - Birmingham, AL 205-940-9500
Book Room Online Here
COURSE REGISTRATION FEE: $295.00 Includes all training materials, and a Certificate of Completion.
Sgt. Santos has been a law enforcement officer for 20 years, with over 15 years experience as a Narcotics Detective. He has extensive experience working with the Drug Enforcement Administration conducting electronic surveillance investigations in to the Drug Trafficking Organizations. Shaun is currently assigned to the DEA’s Financial Investigations Team (FIT), anti-money laundering group, responsible for conducting large international money laundering investigations. He has experience with foreign and domestic money pick-ups, international bank wire transfers, familiarity with Black Market Peso Exchange, and Attorney General Exempt Operations (AGEO), allowing for the laundering of drug proceeds in furtherance of narcotics investigations.
Shaun has received his Bachelor Degree in Criminal Justice, University of Massachusetts, Lowell, MA; Masters Degree from Anna Maria College; and Juris Doctorate from Suffolk University Law School.
Pre-Payment is NOT required to register or attend this seminar
CLICK HERE TO REGISTER FOR THIS SEMINAR
Over the last two decades law enforcement agencies and individual law enforcement
officers in the United States have been the subject of intense public scrutiny.
The litigious condition of American society has been a key factor in this
scrutiny. The very nature of police work I.e. use of force; high-speed driving
and pursuits; and arrest, lends itself to complaints and lawsuits from those
that law enforcement officers have contact with.
Law enforcement officers must have a working knowledge of the developing
laws relating to police civil liability and discipline. Officers must be
aware that they may be held accountable for decisions made by a court having
jurisdiction over them. It is the developing law that guides police training,
operations, individual conduct and operations. A failure to recognize the
importance of this area of the law can lead to serious monetary consequences
for individual police officers, supervisors, police executives and police
agencies as a whole. In extreme cases, a failure to follow the rules set
forth by the courts can result in criminal sanctions.
The course is structured in such a way as to assist officers and agencies
in making an assessment of their particular level of risk-exposure by examining
court decisions that have interpreted acceptable standards of conduct by
Overview of the Legal Developments in Liability for Government Entities:
The explosion of litigation against law enforcement officers and agencies
over the last two decades is the direct result of decisions made by the United
States Supreme Court. This segment offers participants, an overview of the
liability exposure facing police in today’s society and provides the historical
background of the law’s development.
Tort Law and the Police: In addition to civil rights claims against
officers, claims alleging a violation of state tort law seeking money damages
are often brought against officers and departments. This portion of the program
is designed to give participants a general understanding of the types of
claims that are generally brought against officers and agencies.
Use of Deadly and Non-Deadly Force: Perhaps the most critical task
from the standpoint of liability exposure for law enforcement officers is
the use of force. This segment will examine the most contemporary cases on
the use of force as well as the foundation cases of Tennessee v. Garner and
Graham v. Connor in order to provide an updated understanding on acceptable
use of force standards. This segment will include case studies on pepper
spray; positional asphyxia; less-lethal weapons and police K-9s. Participants
will also be presented with the developing law relating to review of police
actions leading up to the need for deadly force that may be sufficient to
find liability notwithstanding the reasonableness of the use of deadly force
at the moment of its use.
False Arrest/Malicious Prosecution/Seizure of Persons and Property:
This part of the program will focus on cases where the arrestee has not been
injured by a use of force but nonetheless claims a violation of rights based
on an interference with his or her person or property. This segment incorporates
the latest developments in the area of “racial profiling” as it relates to
Duty to Protect/Public Duty Doctrine: An area of the law is often
misunderstood involves the belief that government actors and the police have
an absolute obligation to protect citizens from harm caused by intervening
third parties. Since the U.S. Supreme Court’s decision in Deshaney
v. Winnebago County it has been clear that, except under limited
circumstances, law enforcement officers have no affirmative obligation under
the Constitution to protect citizens. This segment will examine the existing
law as well as the exceptions that may expose an officer and his or her agency
Arrestee Suicides/Medical Needs of Prisoners: Law enforcement agencies
have a duty to protect persons who are involuntarily detained. This duty
extends to arrestees who may attempt suicide aw well as detainees that have
medical problems that are exacerbated by the failure to provide medical treatment.
This part of the course will examine, by a review of cases, the duties of
officers and agencies with respect to such detainees.
High-Speed Pursuit and Emergency Vehicle Operation: Although the Supreme
Court severely limited the exposure of liability for high speed pursuits
as a Civil Rights matter in Lewis v. Sacramento, there continues
to be an onslaught of public scrutiny and state tort litigation over pursuits
and emergency vehicle operation. This segment will examine Lewis v.
Sacramento as well as some of the high-profile policy changes that
have taken place in an effort to understand the extent of liability with
respect to this critical task in policing.
Liability of Supervisors: Quite often first line supervisors are named
as defendants in lawsuits even thought they have no direct involvement in
the event itself. It is easy to understand liability for decisions that directly
impact the conduct at issue, for example an order by a supervisor to use
deadly force. Perhaps more difficult is cases where a supervisor is named
as a defendant for his or her general failure to supervise. This segment
focuses on the liability of supervisory personnel.
Agency Liability: This segment will focus on cases that establish
the necessary elements for agency liability in the civil rights arena as
well as the general requirements of state tort law.
Risk Assessment/Risk Reduction: This portion of the course will examine
existing concepts in risk assessment and risk reduction for agencies. It
is sometimes said that the best defense is an offense; agencies must be pro-active
when it comes to liability exposure.
Qualified Immunity: Police officers and all government actors can
avoid liability for civil rights violations where it can be shown that the
law relating to the officer’s conduct was not clearly established at the
time the conduct was committed. This segment examines the current law on
qualified immunity as it relates to law enforcement officers.
New Legal Trends in the Area of Police Liability: The final segment
will examine the latest types of claims, defenses and other issues facing
the law enforcement community with respect to liability. Due to the nature
of law enforcement, this particular segment is in constant evolvement.