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Consideration of the Legal Aspects Connected With Complex Operational Situations a Senior Police Officer May Have To Deal With

NCJ Number
89582
Journal
Schriftenreihe der Polizeifuehrungsakademie Issue: 4 Dated: (1981) Pages: 367-388
Author(s)
F Hitz
Date Published
1981
Length
22 pages
Annotation
This article presents a working framework for a problem study of complex police operational situations from the legal viewpoint according to West German law.
Abstract
The presentation points out under which circumstances difficult operations give rise to considerations relating to the public and constitutional laws of West Germany and when these considerations can become relevant to police work in practice. The problems exemplified include the permissible extent of police officer initiative in the absence of specific orders, search and seizure warrant requirements, use of force, failure to take action in a crisis, and evaluation of priorities in crisis situations. Each issue is raised in terms of the stipulations and intent of the relevant law and the train of thought by which an officer should proceed to determine legal limitations and action alternatives. An outline of the material covered and 34 references are given. (Author abstract modified)