Law Enforcement Responsibility and Safety

• Law enforcement officers are responsible for a citizen's safety from the moment of contact, such as activating emergency lights or initiating a stop
• Limiting a citizen's freedom immediately places responsibility on the officer for their well-being
• Safety considerations include the location of a traffic stop or where a person is asked to stand, ensuring safety during the stop, and safe reentry into traffic flow

Constitutional Rights

• Officers must not violate a citizen's constitutional rights
• Considerations include potential 4th, 5th, 6th, and 8th Amendment violations

Responsibility After Arrest

• Once a person is arrested, the officer is fully responsible for their health, wellness, and safety until transfer to a booking facility/jail/prison
• This responsibility includes medical, mental, and security needs

Corrections Setting

• Corrections officers are entirely responsible for prisoners' well-being
• They are responsible for immediate medical needs and long-term monitoring of medical, mental health, and security needs

Transporting Persons in Custody

• After an arrest, officers must safely transport the suspect to a booking facility
• Proper handcuffing is essential, with checks for tightness and double-locking, and considerations for injuries or pregnancy

Search and Placement

• Suspects must be thoroughly searched for weapons
• Placement in the vehicle is generally in the right rear seat, with consideration for vehicle type and inmate classification

Securing and Safeguarding

• Suspects should be seat-belted, with restraint options like hobbles, leg chains, spit masks, or belly chains
• Suspects must not be secured to the vehicle or have hobble cords hanging out of the door
• Sight and sound separation is required for juveniles

During Transportation

• Radio transmissions should include beginning/ending mileage, number of suspects in custody, and suspect gender
• Decontamination or medical evaluations may be needed for OC exposure, TASER deployment, or less-than-lethal weapon use

Driving and Arrival

• Officers must drive with due care and obey traffic laws, taking the most direct route without additional stops
• Safe arrival at the booking facility is a top priority

Searching Prior to Transportation

• A full search of the suspect must be completed after arrest
• The search should be thorough, systematic, and orderly

Opposite-Sex Searches

• Overcome the gender concept and search everyone uniformly and professionally

Guidelines

• If possible, have an officer of the same gender assist
• Conduct the search in front of your dash cam
• Inform the suspect of search procedures, especially in private regions
• Inform dispatch of the search start and end
• Have a witness officer present, if possible

Vehicle Searches

• Officers must search their patrol vehicle at the shift's beginning
• Ensure the backseat is free of contraband or weapons
• The backseat must be searched again after the suspect is handed over to booking facility staff

Positional Asphyxia

• Positional asphyxia, or sudden in-custody death, occurs when a person's position causes respiratory distress, leading to lack of oxygenation and/or cardiac arrhythmia and death
• Predisposing factors include obesity, alcohol and drug use, enlarged heart, OC exposure, and violent struggle

Mitigation

• Positional asphyxia can result from officers piling on top of a subject or placing them face down in a vehicle with hobbles, compounding breathing issues

Reducing Risk

• Avoid placing subjects in positions that restrict breathing for extended periods such as face down, hog-tied, or with excessive weight on their back
• Constantly check on the suspect's status, especially after a physical altercation
• Seek immediate medical attention if any medical issue is suspected
• Know department policy and have proper training in the use of hobbles and other restraint methods

Rights of Person in Custody

• Detained, arrested, and incarcerated individuals retain basic constitutional rights

Constitutional Rights

• Fifth Amendment: Protection against self-incrimination and right to due process
• Sixth Amendment: Right to a speedy trial, impartial jury, information about the accusation, confrontation of witnesses, and assistance of counsel
• Eighth Amendment: Protection against excessive bail, fines, and cruel/unusual punishment
• Right to healthcare if injured/sick

Rights Under NRS

• Miranda rights are required if the suspect is in custody and being interrogated
• Suspects with communication disabilities have a right to an interpreter at public expense (NRS 171.1536)
• Arrested persons with disabilities have a right to communicate by mail or telephone (NRS 171.1537)
• Waiver of interpretation or communication rights must be knowing and voluntary (NRS 171.1538)
• Arrested persons have the right to make a reasonable number of completed telephone calls, including to a friend/bail agent and an attorney (NRS 171.153)

Incarcerated Rights

• Inmates have a right to legal visits but not unfettered contact with attorneys; visitation restrictions must relate to a legitimate penological goal
• Prisoners have a right to send and receive mail, but officers can read/censor mail for security reasons; legal mail requires inspection in the inmate's presence
• Courts defer to prison officials on disciplinary punishment, upholding those with legitimate penological interests, but not those involving physical abuse or degrading confinement
• Inmates have an absolute right to religious beliefs, but practices may be restricted if they substantially burden a compelling governmental interest using the least restrictive means

Prison Litigation Reform Act (PLRA)

• The PLRA makes it harder for prisoners to file federal lawsuits, imposing requirements related to grievance procedures, filing fees, restrictions due to frivolous lawsuits, and suits for mental/emotional injury

Exceptions to Right to Make Phone Calls

• Exceptions under NRS 171.153 include physical impossibility and long-distance calls not paid for by the arrestee