By Dr. Steve Albrecht
At a recent library service, safety, and security training workshop I did, a library employee told me she would never call the police to her library because, "Once the police put that person's name into their system, it never comes out, and it will ruin their life." Despite my best attempts to convince there that wasn't always true, she remained unswayed. So let's look at the process cops use when they talk to someone who they believe may be involved in a crime (like stealing or fighting) or an illegal activity (being high on illegal drugs). Note that we are using examples of patrons who may have committed a crime.
Police officers have thousands of conversations with people who may or may not be doing suspicious things, every day. These most often start out as a "consensual conversation," meaning the person is free to: walk away, not answer any questions, not engage, or make eye contact, or speak at all. If the officer has no legal reason to detain the person, he or she is free to go, without being physically stopped.
During the "consensual conversation," the officer can ask the person's name and other demographic or identifying information. The person may or may not decide to answer, which is legal as well. If the person does answer, officers often put this information on a form called a "Field Interview (FI) slip." This form will have spaces for the person's name, address, age, date of birth, height, weight, gender, hair/eye color, race, scars, tattoos, Social Security Number, and the reason for the stop. The reason for the stop on the FI form is usually called the "Crime Potential," meaning it's what the officer believes the person may have done before his or her arrival - burglary, vandalism, gang activity, theft, prostitution, drugs, robbery, car theft, etc.
If the officer has a legal reason to detain this person, it turns into a stop called a detention. At this point, the officer suspects criminal activity but is not ready or does not have enough information or evidence to make an arrest. During a detention, the officer can conduct a "patdown" on top of the person's clothes for "hard objects," which is any item that feels like it could be a weapon (firearm, stun gun, knife, can of pepper spray, stick). The officer cannot dig into the person's pockets, purse, or backpack for anything other than a hard object which could be a weapon.
A legal detention is supposed to have a time limit of about 20 minutes. If the officer cannot develop probable cause to make an arrest, he or she has to let the person go free.
Examples of detentions include when an officer evaluates someone for being drunk in public; drunk driving; being under the influence of drugs; running him or her for warrants or doing a records check for a driver's license suspension (both through the police radio system).
The officer may evaluate the person for a mental health concern, because he or she is a danger to self or others, or is gravely disabled (unable to care for himself or herself safely).
The officer can take a person believed to have a mental health issue to a mental health hospital or a hospital emergency room, under a legal stop known as a "mental health detention." If the clinicians decide to keep the person, the officer can leave the facility. If the clinicians decide not to admit the person for care and treatment, the officer must return the person to the exact spot where they were originally detained.
Another form of detention is called a "curbstone lineup." Here, the officer detains the person at a location, so that another cop can bring a witness to a crime to the scene, to make an identification that the person was involved in a crime.
The officers bring witnesses to potential suspects, not the other way around, because "movement equals an arrest." If the witness cannot identify the person, the officer frees him or her from the detention. If the witness identifies the person, the police use that as "probable cause to make an arrest.” (Officers and deputies can make an arrest for a felony, either committed in their presence or not, based on probable cause. For misdemeanors not committed in their presence, they need an eyewitness to make a citizen’s arrest, then they will take custody of the subject.)
Once the officer decides he or she has enough evidence to make an "arrest, with probable cause," the person is handcuffed and searched, before being put into the back of a police car. This time, the search is made "incident to an arrest," meaning the police can search the person's body, clothes, and belongings for both weapons and contraband. This is done because the county jail will not allow weapons or contraband within its walls. Contraband is defined as legal or illegal drugs, cigarettes, lighters, matches, bullets, fireworks, pornography, cellphones, money, jewelry, and any object that could be used or traded in jail.
At this point, the person cannot "resist a legal, lawful arrest." If he or she does, the officer is legally allowed to use the "minimum amount of force to safely make the arrest." The person can complain later to a lawyer, or to a police supervisor, or to the department's Internal Affairs Unit, or to the community's Police Oversight Board, if he or she feels wrongly arrested.
"The cops didn't read him his rights! I've seen TV shows and movies! I know they have to recite him his Miranda warning!" Again, not always.
The Miranda Warning is what is called a two-pronged test: 1. The person has to be in custody (under arrest and not free to leave) and 2. The police must plan to interview the person and use what he or she says against him or her, by recording or writing his or her statement. The person can "waive their rights" and speak to the officer if he or she chooses to do so. Or he or she can choose to "invoke" and not say anything.
Here's an example where the officer doesn't have to read the person the Miranda warning: The person is stopped for being drunk in public (detention, moving to probable cause for an arrest). The person is handcuffed, searched, and taken to jail. No Miranda reading is necessary because only the first part of the two-prong test is in play. The person is under arrest and not free to leave, but the officer doesn't (care) or plan to ask him or her about how or why they got drunk.
Let's look at the permanent record issue. Casual conversations don't go into the police records database. FI slips, traffic warnings and citations, traffic accident reports, runaway juvenile reports, death reports, crime reports, and arrest reports do. The span of time these reports are kept in a law enforcement database and then later deleted varies from agency to agency, but it’s not forever. Lots of people are in police records systems that have nothing to do with their committing a crime: witnesses at a car accident; being a crime victim; having their car towed away for illegal parking or an expired registration over one year; being the parents of a person who call to have their son/daughter taken to a mental health facility for an evaluation.
Just because a citizen is in a local police or sheriff’s department computer system is not a hindrance to any part of their life. All first-responder agencies record incoming 9-1-1 calls too. These facts should not prevent library employees from calling for police, fire, or paramedic help if they are needed for an actual or pending emergency or crime.
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