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NCJ Number: 30396 Find in a Library
Title: LEGAL LIMITATIONS ON THE PHYSICAL SEIZURE OF EVIDENCE
Corporate Author: Al Bowen Productions
United States of America

Video Records Corporation
United States of America
Project Director: K CLARK
Date Published: 1974
Sponsoring Agency: AIMS
Chatsworth, CA 91311-4409
Al Bowen Productions

California Council on Criminal Justice
Sacramento, CA 95823
Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
Video Records Corporation
North Hollywood, CA
Sale Source: AIMS
9710 DeSota Avenue
Chatsworth, CA 91311-4409
United States of America

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: POLICE LEGAL TRAINING FILM WHICH PROVIDES GUIDELINES FOR USE OF FORCE IN PHYSICALLY SEIZING EVIDENCE FROM THE MOUTH, STOMACH, OR OTHER PARTS OF A SUSPECTS BODY TO PREVENT ITS DESTRUCTION OR DISPOSAL.
Abstract: JUDICIAL DECISIONS PROHIBITING THE USE OF UNREASONABLE FORCE (EXPECIALLY CHOKING IN THE CASE OF THE SUSPECT'S TRYING TO SWALLOW CONTRABAND) ARE CITED AND DISCUSSED. THE TYPES OF PERMISSIBLE FORCE IDENTIFIED INCLUDE VERBAL COMMANDS, RESTRAINT, FORCIBLE REMOVAL OF EVIDENCE FROM A HAND OR CLENCHED FIST, AND NECK HOLDS WHICH PREVENT SWALLOWING BUT ALLOW BREATHING. IT IS EMPHASIZED THAT THE POLICE OFFICER SHOULD, IN PREPARING ARREST REPORTS AND GIVING COURTROOM TESTIMONY, BE CAREFUL TO DESCRIBE HIS CONDUCT ACCURATELY, TAKE NOTE OF FACTS WHICH WILL SUBSTANTIATE THE ABSENCE OF CHOKING, AND DESCRIBE FACTS RELATING TO THE DEGREE AND NATURE OF FORCE OR RESISTANCE OFFERED BY THE DEFENDANT. A DISCUSSION OF BODY SEARCHES POINTS OUT THAT STOMACH PUMPING AND THE USE OF EMETICS ARE PERMISSIBLE IF THERE IS A GENUINE DANGER TO LIFE, THE PROCEDURE IS ADMINISTERED BY A MEDICAL DOCTOR, THERE IS MINIMUM DISCOMFORT, AND/OR THE SUBJECT GIVEN HIS CONSENT. ALSO CONSIDERED IS THE DEGREE OF FORCE PERMITTED TO ADMINISTER SCIENTIFIC TEST, SUCH AS FINGERPRINTING AND HANDWRITING EXEMPLARS. PERTINENT CASE LAW IS CITED TO SHOW THAT COURTS HAVE ALLOWED A REASONABLE DEGREE OF FORCE TO OVERCOME THE RESISTANCE OF AN INDIVIDUAL WHO REFUSES TO SUBMIT TO SUCH TESTS. IT IS ALSO INDICATED THAT THE SUBJECT'S REFUSAL TO PARTICIPATE IN THE SCIENTIFIC TEST IS USUALLY ADMISSIBLE IN COURT AS EVIDENCE OF CONSCIOUSNESS OF GUILT. (SNI ABSTRACT)
Index Term(s): Audiovisual aids; Evidence preservation; Exclusionary rule; Films; Judicial decisions; Lawful use of force; Police Brutality; Police due process training; Police legal limitations; Police legal training; Rules of evidence; Search and seizure; Search and seizure laws; Testimony
Note: *This document is currently unavailable from NCJRS. 28 MINUTES, 16MM COLOR RENTAL ALSO AVAILABLE
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30396

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