NCJ Number
155751
Journal
Law Enforcement Quarterly Dated: (May-July 1995) Pages: 5-8,39
Date Published
1995
Length
5 pages
Annotation
The era of "three strikes" legislation will have a significant effect on repeat offenders who face substantial prison terms, but the legislation may cause some offenders to violently resist arrest.
Abstract
Because police officer safety may be at risk when detaining noncooperative arrestees and there are certain legalities involved, appropriate procedures should be followed. Probable cause needs to be established, and police officers should remember that a subject cannot be detained for any longer than it reasonably takes to handle the situation. A subject can be detained when the police officer can articulate specific facts indicating reasonable suspicion that some crime-related activity has taken place or is about to take place and the person to be detained is involved in that activity. One of the most effective tools police officers have to protect themselves is the patdown or frisk. Patdowns are not meant for discovering evidence; rather, they are limited to searching for weapons. In making an arrest, police officers can use the amount of restraint or reasonable force necessary under the circumstances. When confronting an uncooperative "third striker," an inevitable result may be a certain amount of force to subdue and arrest the subject. The use of force in making an arrest is necessary in some cases and is provided for statutorily. The use of deadly force, however, is specifically limited to defending against or arresting someone for forcible and atrocious crimes. In general, knowledge of the correct legal tools available when detaining or arresting a potential "third striker" is an essential aspect of law enforcement. 53 footnotes