SWAT / Tactical Liability (AM SESSION)
Technology: Legal Liability for Law Enforcement (PM SESSION)
Michael L. Rains - Principal (Rains Lucia Stern St. Phalle & Silver, PC)
Morning Session: Nationally recognized law enforcement legal expert Michael Rains will provide an overview of the present state of agency and individual liability related to law enforcement tactical operations. The presentation focuses on civil liability, agency liability, training and failure to train issues, supervisory issues, team tactics, special circumstances (Hostage-Duty to Protect; Emotionally and Mentally Disturbed persons; suicide by cop; high risk warrant service, etc...). Contemporary tactical team issues including body worn cameras, video, recording and related evidence also discussed.
Afternoon Session: “Technology Races Forward While the Law Struggles to Catch up.” The result: Cops caught in the crosshairs of uncertainty, potential culpability and legal liability. The discussion will include the dangers of social networking and the current state of the law.
- When information on your personal cell phone is a “Public Record.”
- Can Internal Affairs obtain an officer’s calls, texts, Tweets and remarks on posts on his/her personal cell phone?
- Confusion surrounding the CA Electronics and Communications Privacy Act.
- Automated License Plate Readers (LPR’s) and the California Public Records Act – a discussion of ACLU v. Superior Court.
- Agency captured video evidence – Must it currently be disclosed under the California Public Records Act?
- A review of proposed legislation
- Disclosure of video evidence to the media and public requires police to re-think previous “Public Relations” approaches – “No Comment” may not work anymore, but are careers and livelihoods jeopardized by claims of “transparency?”
Today's law enforcement personnel, supervisors and managers must be as thoroughly trained in risk management principles as they are response tactics and firearm proficiency, in order to protect themselves and indemnify their organizations from liability.