Legal

Performance Outcome 2.1.

Perform the duties of a deputy sheriff in compliance with constitutional requirements and the Bill of Rights.

Training Objective Related to 2.1.

1. Given a written exercise, identify the applicability of the 1st, 4th, 6th, 8th, 13th, and 14th Amendments to the United States Constitution to civil process operations.

Criteria: The trainee shall be tested on the following:

2.1.1. Define Constitutional Law.

2.1.2. List the protections provided to citizens in the First Amendment of the U.S. Constitution.

2.1.3. List the protections provided to citizens in the Fourth Amendment of the U.S.  Constitution.

2.1.4. Identify the right to an attorney afforded in the Sixth Amendment to the U.S. Constitution. No right to an attorney in a civil matter.

2.1.5. List the protections provided to citizens by the Eighth Amendment of the U.S. Constitution.

2.1.6. List the protections provided to citizens by the Fourteenth Amendment.

Lesson Plan Guide: The lesson plan shall include the following:

1. Define Constitutional Law.

2. List the protections provided in the First Amendment of the U.S. Constitution and identify how these protections apply:

a. Religion

b. Speech

c. Press

d. Association

e. Redress of grievances

3. List the protections provided to citizens by the Fourth Amendment of the U.S. Constitution:

a. Building/house searches

b. Person searches:

1. Frisk

2. Strip

3. Body cavity

c. Seizures:

1. Contraband

2. Evidence

4. Identify the right to an attorney afforded in the Sixth Amendment to the U.S. Constitution. No right to an attorney in civil matters.

5. List the protections of the Eighth Amendment of the U.S. Constitution:

a. Medical

b. Psychological

c. Safety

d. Others as may be identified by the instructor

6. List the protections provided to jail inmates by the Fourteenth Amendment:

a. Due process:

1. Substantive

2. Procedural

b. Equal protection

Performance Outcome 2.2.

Perform the duties of a deputy court security or civil process service officer with awareness of personal and agency liability.

Training Objective Related to 2.2.

1. Given a written exercise, identify the requirements of Title 42, United States Code Section 1983, Title 18 United States Codes Sections 241 and 242, and tort law related to personal and agency liability.

2. Given a written exercise, identify how the above mentioned laws apply to court security/civil process service staff in order to perform required duties and minimize liability.

Criteria: The trainee shall be tested on the following:

2.2.1. Identify the levels of negligence related to tort and 1983 lawsuits.

Lesson Plan Guide: The lesson plan shall include the following:

1. Identify the levels of negligence in relation to tort and 1983 lawsuits:

a. Simple negligence

b. Gross negligence

c. Deliberate indifference

d. Malicious and sadistic actions

Performance Outcome 2.3.

Perform duties of a deputy sheriff according to laws governing the office of sheriff.

Training Objective Related to 2.3.

1. Given a written exercise, identify the sections of the Code of Virginia that relate to the jobs and responsibilities of the office of sheriff and deputy sheriffs assigned to court security/civil process.

2. Given a written exercise, correctly identify these laws.

Criteria: The trainee shall be tested on the following:

2.3.1. Identify the process by which a bill becomes law in Virginia.

2.3.2. Identify the powers and duties of a sheriff as a constitutional officer.

2.3.3. Identify factors that affect the employment of a deputy sheriff.

Lesson Plan Guide: The lesson plan shall include the following:

1. Identify the process by which a bill becomes law in Virginia.

2. Identify the powers of a sheriff as a constitutional officer.

3. Identify factors that affect the employment of a deputy sheriff.

Performance Outcome 2.4.

Respond to request by determining whether the facts are civil or criminal.

Training Objectives Relating to 2.4.

1. Given a written exercise, identify actions as civil or criminal matters.

Criteria: The trainee shall be tested on the following:

2.4.1. Define civil liability in contrast to criminal liability.

2.4.2. Identify the two defenses against a tort suit.

2.4.3. Identify and define the types of damage related to tort and 1983 lawsuits.

2.4.4. Evaluate facts of a situation to determine if it is a civil or criminal matter by applying the definitions of civil vs. criminal.

2.4.5. Identify civil matters of import to civil process staff:

2.4.5.1. Habeas Corpus

2.4.5.2. Contempt of Court

Lesson Plan Guide: The lesson plan shall include the following:

1. Define civil liability in contrast to criminal liability.

2. Identify the two types of defenses against a tort suit (substantive and procedural).

3. Identify and define the types of damage related to tort and 1983 lawsuits:

a. Nominal

b. Compensatory

c. Punitive

4. Evaluate facts of a situation to determine if it is a civil or criminal matter by applying the definitions of civil vs. criminal. Note that Virginia is a common law state (common law still in effect except as overruled or replaced by the Code of Virginia). Identify the Code citation enabling local counties, cities and towns to establish local ordinances. (§15.2-1425) (§15.2-1429)

5. Identify civil matters of import to civil process staff:

a. Contempt of Court, (e.g. §16.1-278.16)

b. Writ of Mandamus/Prohibition (rearranged)

c. Injunction (rearranged)

Performance Outcome 2.5.

Obtain an arrest warrant from proper authority.

Training Objectives Related to 2.5.

1. Given a written or practical exercise, identify the proper authority from whom to obtain an arrest warrant, the information that must be presented to support a warrant, and return requirements.

Criteria: The trainee shall be tested on the following:

2.5.1. Identify the proper authorities from which an arrest warrant may be obtained according to §19.2-71 and Rule 3A:3 of the Rules of the Supreme Court of Virginia.

2.5.2. Identify the information that must be provided to support a warrant.

2.5.3. Return arrest warrant conforming to statutory requirements.

Lesson Plan Guide: The lesson plan shall include the following:

1. The proper authorities from which an arrest warrant may be obtained according to §19.2-71 and Rule 3A:3 of the Rules of the Supreme Court of Virginia:

a. Judge

b. Clerk of any circuit, general district, or family court

c. Magistrate

2. The information that must be provided to support a warrant:

a. The crime

b. The facts that support probable cause

c. How these facts relate to the suspect(s)

3. Return of arrest warrant conforming to statutory requirements:

a. Deputy endorsement of the warrant

b. Return to a judicial officer with authority to grant bail

Performance Outcome 2.6.

Arrest persons with a warrant.

Training Objectives Relating to 2.6.

1. Given a written exercise, identify constitutional and statutory requirements to arrest a person with a warrant.

Criteria: The trainee shall be tested on the following:

2.6.1. Define arrest.

2.6.2. Identify the mandatory contents of a valid warrant.

2.6.3. Identify the territorial limitations of a deputy’s power to arrest.

2.6.4. Identify the consequences of an illegal arrest.

2.6.5. Identify the process of executing an arrest warrant.

Lesson Plan Guide: The lesson plan shall include the following:

Code of Virginia, §19.2-71 to §19.2-83.1

1. Define arrest.

2. Identify who may issue a warrant for the arrest of a person charged with a criminal offense.

3. Identify the mandatory contents of a valid warrant:

a. It shall be directed to an appropriate deputy

b. It shall name the accused or set forth a description by which he/she can be identified

c. It shall describe the offense charged with reasonable certainty

d. It shall command that the accused be arrested and brought before a court of appropriate jurisdiction

e. It shall be signed by the issuing officer

4. Identify the territorial limitations of a deputy’s power to arrest.

5. Identify the consequences of an illegal arrest.

6. Identify the process of executing an arrest warrant:

a. Arrest the accused

b. Inform the accused of the offense charged and that a warrant has been issued

c. Endorse and date the warrant

d. Deliver a copy of the warrant to the accused as soon as possible

Performance Outcome 2.7.

Arrest persons without a warrant.

Training Objective 2.7.

1. Given a written exercise, identify constitutional and statutory requirements to arrest a person without a warrant.

Criteria: The trainee shall be tested on the following:

2.7.1. Define probable cause for an arrest.

2.7.2. Identify the requirement for warrantless felony arrest under §19.2-81.

2.7.3. Identify the general requirement for a warrantless misdemeanor arrest.

2.7.4. Given narrative examples of arrest situations, determine if the warrantless arrest is legal.

2.7.5. Identify three situations whereby an deputy may make a warrantless arrest according to the Code of Virginia.

2.7.6. Identify the parameters for issuing a summons in lieu of arrest.

2.7.7. Identify a situation in which an officer may issue a summons in lieu of arrest.

Lesson Plan Guide: The lesson plan shall include the following:

Code of Virginia, §19.2-81 to 19.2-83.1

1. Define probable cause for an arrest.

2. Identify the requirement for warrantless felony arrest under §19.2-81.

3. Identify the general requirement for a warrantless misdemeanor arrest.

4. Given narrative examples of arrest situations, determine if the warrantless arrest is legal.

5. Identify the situations whereby a deputy may make a warrantless arrest according to the Code of Virginia:

a. Upon information that the individual is wanted in another jurisdiction through electronic messages (fax, teletype and radio messages)

b. Assault and battery

c. A probation or parole violation, etc.

d. Concealed weapon

6. Identify the Virginia State Code sections pertaining to warrantless arrests:

a. Escape, flight and pursuit, arrest anywhere in Commonwealth (§19.2-77)

b. Arrest by officers of other states in close pursuit (§19.2-79)

c. Arrest without warrant authorized in certain cases (§19.2-81, 19.2-81.1, 19.2-81.3)

d. Procedure for arrest without warrant (§19.2-82)

7. Identify the parameters for issuing a summons in lieu of arrest.

8. Identify a situation in which an officer may issue a summons in lieu of arrest.

Performance Outcome 2.8.

Answer questions regarding the progress of a case according to rules of privacy and security controlling access to records.

Training Objectives Relating to 2.8.

1. Given a written exercise, identify basic laws governing rules of privacy and security to control access to records.

Criteria: The trainee shall be tested on the following:

2.8.1. Statutes relating to criminal history records/juvenile information

2.8.2. Statutes relating to release of information through NCIC or VCIN

2.8.3. Application of the Virginia Freedom of Information Act (§2.2-3700)

2.8.4. Application of the Government Data Collection and Dissemination Act (§2.2-3800)

Lesson Plan Guide: The lesson plan shall include the following:

1. Statutes relating to criminal history records/juvenile information.

2. Statutes relating to release of information through NCIC or VCIN.

3. Review of the Virginia Freedom of Information Act (§2.2-3700)

4. The Government Data Collection and Dissemination Act (§2.2-3800)

Performance Outcome 2.9.

Serve mental health commitment papers.

Training Objectives Relating to 2.9.

1. Given a written exercise, identify Code of Virginia requirements for serving mental health commitment papers (emergency custody orders or temporary detention orders only).

Criteria: The trainee shall be tested on the following:

2.9.1. Define emergency custody orders and temporary detention orders and situations in which these would be utilized.

2.9.2. Identify persons having authority to issue an emergency custody order or temporary detention order.

2.9.3. Identify procedures for emergency custody order or temporary detention order return of service.

Lesson Plan Guide: The lesson plan shall include the following:

1. Definition of emergency custody orders and temporary detention orders and situations in which these would be utilized.

2. Identification of persons having authority to issue an emergency custody order or temporary detention order (judge or magistrate).

3. Procedures for emergency custody order or temporary detention order return of service:

a. Return service promptly to clerk’s office stating the date and manner of service and to whom service was made.

4. Service of mental health commitment papers is the same as service and return of any other civil judicial process.

5. Service is not restricted but is applicable statewide (§8.01-292)

6. Emergency commitments (involuntary detention), §37.2-809.

Instructor Note: Advise trainees that they must identify department policy related to serving mental health commitment papers as part of their department training.

Performance Outcome 2.10.

Apply knowledge of the law to related to family abuse and protective orders.

Training Objectives Related to 2.10.

1. Given a written exercise, identify elements of the crimes related to family abuse.

Criteria: The trainee shall be tested on the following:

2.10.1. Define the following:

2.10.1.1. Family abuse

2.10.1.2. Family or household member

2.10.2. Identify provisions of protective orders for family abuse.

2.10.3. Identify the prohibitions in place for those subject to a protective order for family abuse.

2.10.4. Identify the process for executing a protective order.

2.10.5. Identify the procedures for victim notification relating to family abuse protective orders.

Lesson Plan Guide: The lesson plan shall include the following:

1. Definitions for the following:

a. Family abuse

b. Household or family member

2. Identify provisions of protective orders for family abuse.

3. Identify the prohibitions in place for those subject to protective order for family abuse.

4. Identify the process for executing a protective order.

5. Identify the procedures for victim notification relating to family abuse protective orders.

Performance Outcome 2.11.

Apply knowledge of law to obtain information from a subject conforming to constitutional requirements.

Training Objectives Related to 2.11.

1. Given a written or practical exercise, identify constitutional requirements to obtain information from a subject.

Criteria: The trainee shall be tested on the following:

2.11.1. Identify constitutional issues related to detention and questioning of a subject.

2.11.2. Identify the relevant case regarding interrogation: Miranda v. Arizona, 384 U.S. 436 (1966).

2.11.3. Identify the two conditions which together trigger the necessity for Miranda warnings.

2.11.4. Identify the conditions by which a confession will be judged to be admissible.

Lesson Plan Guide: The lesson plan shall include the following:

1. The rights of an arrested person as guaranteed by the U. S. Constitution.

2. Identify constitutional issues related to detention and questioning of a subject.

3. Identify the relevant case regarding interrogation: Miranda v. Arizona, 384 U.S. 436 (1966).

4. Identify the two conditions that together trigger the necessity for Miranda warnings:

a. In custody AND

b. Questioning/interrogation

5. Identify use of consent forms and waiver forms.

6. Identify the conditions by which a confession will be judged to be admissible.

7. Identify the constitutional basis for the Miranda warning and read the warning:

a. Identify the point at which the suspect should be advised of constitutional rights.

b. Read the complete Miranda warning.

Performance Outcome 2.12.

Conduct searches and seizures under the following conditions:  with and without a warrant, incident to hot pursuit, with or without consent, incident to arrest, confer with the local Commonwealth’s Attorney under unusual search and seizure circumstances

Training Objectives Related to 2.12.

Given a written or practical exercise:

1. Identify those search and seizure situations in which the 4th Amendment mandates a warrant.

2. Identify search and seizure situations in which a warrantless search may be legally conducted.

Criteria: The trainee shall be tested on the following:

2.12.1. Identify the reason that searches generally require a warrant.

2.12.2. Identify the reason that search warrants must be obtained for crime scenes except in emergency circumstances.

2.12.3. Identify the proper authorities from which a search warrant may be obtained:

2.12.3.1. Judge

2.12.3.2. Magistrate

2.12.3.3. Other person with authority to issue criminal warrants in the jurisdiction of the place to be searched

2.12.4. Explain the elements of a search warrant:

2.12.4.1. Description of place, thing, or person to be searched.

2.12.4.2. Description of things or persons to be searched for.

2.12.4.3. The crime causing the search.

2.12.4.4. Thing(s) being searched for is/are evidence of the crime.

2.12.4.5. Any other material facts that show probable cause to issue search warrant.

2.12.5. State facts and circumstances that would lead a reasonable person to believe the seizable items are located in the area to be searched.

2.12.6. Identify Code of Virginia requirements for return of search warrant:

2.12.6.1. Date of execution of warrant, signature, and time noted on warrant.

2.12.6.2. Under oath, inventory all property seized.

2.12.6.3. File in circuit court clerk’s office within three days the search warrant, inventory, and affidavit. Retired

2.12.6.4. Identify requirements for a return in accordance with §19.2-56 and §19.2-57.

2.12.6.4.1. location for filing the return: executed and issued

2.12.6.4.2. timeline for filing and computation exceptions

2.12.7. Identify requirements for warrantless search of premises or property for suspect incident to hot pursuit conforming to constitutional requirements and Code of Virginia:

2.12.7.1. Define the hot pursuit exception to warrant requirements.

2.12.7.2. Identify the circumstances that justify hot pursuit.

2.12.7.3. Define the scope of a search incident to hot pursuit.

Lesson Plan Guide: The lesson plan shall include the following:

1. Unless an exception is identified, searches require a warrant if a reasonable expectation of privacy exists.

2. Search warrants must be obtained for crime scenes except in emergency circumstances on public property, or consent is given. Jail staff do not need a search warrant for the search of an subject’s person, property, or cell for security, safety or management reasons. A search related to a criminal investigation needs a search warrant with probable cause to believe the property is fruits of a crime or evidence of a crime.

3. Identify items that may be subject to asset forfeiture laws:

a. Situations where assets may be seized:

1. Anything used in substantial connection with menu, sale, or distribution of illegal drugs.

2. Anything traded or exchanged for illegal drugs.

4. Identify the proper authorities from which a search warrant may be obtained according to §19.2-52:

a. Judge

b. Magistrate

c. Other person with authority to issue criminal warrants in the jurisdiction of the place to be searched

5. Examine a sample affidavit according to §19.2-54 covering:

a. Description of place, thing, or person to be searched.

b. Description of things or persons to be searched for.

c. The crime causing the search.

d. Thing(s) being searched for is/are evidence of the crime.

e. Any other material facts that show probable cause to issue search warrant.

6. State facts and circumstances that would lead a reasonable person to believe the seizable items are located in the area to be searched.

7. Return search warrant conforming to Code of Virginia §19.2-57 requirements:

a. Date of execution of warrant, signature, and time noted on warrant.

b. Under oath, inventory all property seized.

c. Requirements for a return in accordance with §19.2-56 and §19.2-57.  The location for filing the return both where executed and issued, the timeline for filing and the computations for exceptions.  

8. Identify requirements for warrantless search of premises or property for suspect incident to hot pursuit conforming to constitutional requirements and Code of Virginia §19.2-77.

a. Define the hot pursuit exception to warrant requirements.

b. Identify the circumstances that justify hot pursuit.

c. Define the scope of a search incident to hot pursuit.

Performance Outcome 2.13.

Frisk or search a subject.

Training Objectives Relating to 2.13.

Given a written exercise:

1. Identify the parameters under which a pat down of a subject may be conducted.

2. Identify the parameters under which a search of a subject may be conducted.

Criteria: The trainee shall be tested on the following:

2.13.1. The elements of a detention and arrest.

2.13.2. The scope of the search of a person and the circumstances when the search may be extended beyond the subject.

2.13.3. The relevant legal principles:

2.13.3.1. Terry v. Ohio (person not in custody)

2.13.3.2. Bell v. Wolfish (person in custody)

Lesson Plan Guide: The lesson plan shall include the following:

1. The elements of a detention and arrest.

2. The scope of the search of a person and the circumstances when the search may be extended beyond the subject.

3. The relevant legal principles:

a. Terry v. Ohio (person not in custody)

b. Bell v. Wolfish (person in custody)

Performance Outcome 2.14.

Identify, establish custody of, and record a chain of custody for evidence, seized or detained property, or recovered property.

Training Objectives Related to 2.14.

1. Given a written exercise, identify legal requirements to identify, establish custody of, and document a chain of custody for evidence, seized or detained property, or recovered property.

Criteria: The trainee shall be tested on the following:

2.14.1. Define evidence.

2.14.2. Define the types of evidence.

2.14.3. Define the chain of custody.

2.14.4. Identify the minimum tests that an item of evidence must successfully pass before admission to any criminal court.

2.14.5. Identify methods used for initially considering that an item may be evidence.

2.14.6. Identify procedure to establish and track chain of custody of evidence:

2.14.6.1. Establish custody by marking with proper tags and securing or protecting.

2.14.6.2. Document all persons handling the evidence or property during recovery, removal, transport, storage, and release.

Lesson Plan Guide: The lesson plan shall include the following:

1. Define evidence.

2. Define the types of evidence.

a. Documentary (written items)

b. Trace

c. Real

d. Circumstantial

e. Physical

f. Confessions

g. Photographic

3. Define the chain of custody.

4. Identify the minimum tests that an item of evidence must successful pass before admission to any criminal court (Rules of Evidence):

a. Legal relevance

b. Logical relevance

5. Methods used to initially identify evidence:

a. Personal observation

b. Discovery through a valid search warrant

6. Identify methods used for initially considering that an item may be evidence

7. Identify procedure to establish and track chain of custody of evidence:

a. Establish custody by marking with proper tags and securing or protecting.

b. Document all persons handling the evidence or property.

c. Document all persons handling the evidence or property during recovery, removal, transport, storage and release.

Performance Outcome 2.15.

Identify legal basis for use of force by a deputy.

Training Objective Related to 2.15.

1. Given a written exercise, identify elements of case law and statutory law pertaining to use of force by officers in the performance of duty.

Criteria: The trainee shall be tested on the following:

2.15.1. Preservation of life: Case law

2.15.2. Preservation of property

2.15.3. Enforcing regulations

2.15.4. Preventing escapes

2.15.5. Enforcing valid orders

Lesson Plan Guide: The lesson plan shall include the following:

Case law pertaining to use of force by deputies in the performance of duty.

1. Preservation of life:

a. Case law:

1. Graham v. Connor (applies rules of Constitutional amendment most closely associated with the status of the subject of force)

2. Tennessee v. Garner (applies the objective reasonableness test)

2. Preservation of property

3. Enforcing regulations

4. Preventing escapes

5. Enforcing valid orders

Performance Outcome 2.16.

Identify the circumstances under which a person is fingerprinted.

Training Objectives Relating to 2.16.

Given a written exercise:

1. Identify the circumstances under which a subject shall be fingerprinted.

2. Identify requirements related to fingerprinting juveniles.

Criteria: The trainee shall be tested on the following:

2.16.1. The circumstances under which a suspect should be fingerprinted:

2.16.1.1. Charged with a felony

2.16.1.2. Charged with a class I or class II misdemeanor

2.16.1.3. Convicted of the above

2.16.2. The statutory requirements related to fingerprinting juveniles:

2.16.2.1. Age

2.16.2.2. Type of crime

2.16.2.3. Suspect in certain types of crimes

2.16.2.4. Maintain juvenile fingerprint records separately from adult records

2.16.2.5. Destruction of juvenile fingerprint records

Lesson Plan Guide: The lesson plan shall include the following:

1. The circumstances under which a suspect shall be fingerprinted (§19.2-390):

a. Charged with a felony

b. Charged with a class I or class II misdemeanor

c. Convicted of a class I or class II misdemeanor (§19.2-74)

2. The requirements related to fingerprinting juveniles §16.1-299:

a. Age

b. Type of crime

c. Suspect in certain types of crimes

d. Maintain juvenile fingerprint records separately from adult records

e. Destruction of juvenile fingerprint records