Reasonable Suspicion Stop, Probable Cause Search and /or Arrest, Use of Force, Complaints, Arrests, Miranda, Arraignments, Discovery, Trials
Reasonable suspicion
An officer has a legal right to stop and ask someone questions if the officer believes there is reasonable suspicion to believe a crime is being committed, has been or will be committed. The officer’s belief is based on years of training and experience.
Probable cause, a higher level of suspicion.
An officer has a legal right to search someone or property or arrest someone if the officer believes there is probable cause to believe a crime is being, has been or will be committed. Probable cause is a higher level of potential infringement of a person’s freedom and therefor the officer must be able to point to facts and circumstances specific to the suspect and incident to back up his probable cause.
Use of Force
It is the policy of the Croton-on-Hudson Police Department to use only the amount of force necessary and proportional to the situation to effect an arrest. Officers are thoroughly trained in de-escalation techniques and to de-escalate a situation, if possible. It is always best for civilians to comply with an officer’s lawful orders but, if necessary, officers may use a progression of force. At times, the situation may require the progression of force to start at the top, middle, or bottom. Force may be increased or decreased as needed. Use of force is based on the behavior of the suspect, the entirety of the situation, and the officer’s reasonable belief based on experience and training, of the need for the escalation of force. All use of force must be documented in a written form and submitted for review by a supervisor and the Chief of Police. If a taser is removed from its holster and simply turned on but not utilized, this incident must be reported. If a handgun is removed from a holster, this too must be reported.
Progression of Force:
- Lawful verbal order
- Physical force using trained “take down” techniques.
- Trained use of baton
- Croton Police Officers do not carry or use “Pepper spray”
- Trained use of a Taser
- Trained use of a weapon, if the officer’s life or the life of another is in danger
Complaints
If at any time, you believe the officer’s behavior was unprofessional, or not in keeping department guidelines, or the law, you are encouraged to file a formal complaint. The Chief of Police wants and needs to know of any questionable actions by his officers and all complaints will be thoroughly investigated. A complaint may be lodged using the online form available on the police Department page of the Village web site, telephoning Police Headquarters (914-271-5177) or picking up a form at Headquarters. The person making the complaint will be notified by the Chief of Police if the complaint is founded or unfounded. Once notified of the outcome of the investigation, the complainant may appeal the Chief’s decision to the Village Manager.
Arrests
Once an officer arrests a person, that person is either released with a desk appearance ticket issued by the Police or is brought before a judge to determine bail. Under the 2019 New York State bail reform laws, desk appearance tickets are issued for most misdemeanors and most nonviolent felonies, and some violent felonies. However, some violent felonies may require bail or remand, to include Burglary 2 Sub 2, felony sex offenses, Class A felonies, any crime which causes the death of another, some hate crimes such as assault 3 under the hate crime statute, felony terrorism, luring a child, child sexual performance, sex trafficking, witness tampering, and many additional crimes. For non-desk appearance crimes / bailable cases, judges are given latitude to set bail and require monitoring or home confinement. Some crimes that a judge may require monitoring include misdemeanor domestic violence, a misdemeanor with a prior violent felony conviction within the past 5 years, all PL 130 offenses, and some violent felonies.
Arrestees may be held in the Croton Jail cells awaiting arraignment. Cells are equipped with toilets, sinks, beds, and cameras.
The Croton holding cells are in a separate area from the main police entrance, allowing for safety of the prisoner, police officers, and the public. All booking equipment such as fingerprint devices and cameras are in the cell area for the safety of the prisoner, police officer and public. There are strict rules for the safety of prisoners to include the removal of all shoelaces, pants belts or strings or sweatshirt strings.
Miranda Warning upon custodial arrest:
When a person is under arrest, officers may ask for specific information such as name, date of birth and address without a Miranda warning.
If an officer asks questions beyond basic identifying information / pedigree, an officer is not required to issue a Miranda warning but if the officer fails to do so, and asks any questions beyond the basic name, date of birth and address, anything the defendant discloses is not admissible in a court of law. All information that flows from investigations based on the disclosures without a Miranda warning is also inadmissible / fruit of the poisonous tree. A Miranda warning protects a person against a violation of their fifth amendment right against self-incrimination. It is legal for an officer to arrest someone, and ask no questions beyond name, date of birth, etc., but for practical and investigatory purposes, custodial arrests, (when a person is not free to leave), are often accompanied by Miranda warnings. Although there is no official Miranda warning, most states have required wording, and most people recognize Miranda warnings from television and movies. The wording may differ but, the elements of the warning must be given to the arrestee. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney and if you cannot afford one, one will be appointed for you. If you wish to stop answering questions at any time, you have the right to do so.” “Do you understand your rights, and do you wish to waive your rights and speak with us?” A form will be provided with the rights spelled out and signed by the suspect. A court may rule that the refusal to sign a waiver does not negate that the suspect understood their rights and waived them. A Police Officer must reasonably believe that the suspect has the cognitive ability to understand and waive their rights. Rights are issued in the language of choice/need of the suspect. Westchester County has interpreters for most languages and Croton has access to these interpreters.
Discovery
The district attorney is required to provide the defendant with all relevant information as soon as practical after an arrest but within a maximum of fifteen days of arrest or arraignment, to include vehicle and traffic offenses. The time frame is stretched to thirty-five days if the defendant is free pending charges. An additional thirty days may be granted if the evidence the district attorney must share with the defense is overwhelming. The sharing of evidence is called Discovery. Such information includes all written, audio, and video evidenced gathered by the police. All tapes and written transcripts of any 911 calls, all videos from police cars and body worn cameras, all officers’ notes, all statements, police reports, and all contact information for any potential witnesses.
The change in the law in 2019 to require a shortened time and to include the shortened time for Vehicle and traffic offenses has necessitated additional police work hours. This is reflected in Croton dedicating a patrol Sergeant to this task, in addition to other administrative and patrol work.
Trials
Vehicle and Traffic violations and misdemeanors
Vehicle and Traffic violations and misdemeanors appear before the local Justice (Croton) Court. For minor Vehicle and traffic tickets, such as speeding, the Village prosecutor will sometimes send a notice for a pre-trial conference, in essence a meeting with the prosecutor to better establish facts. After a pre-trial conference, a trial before a Village Justice will take place where the defendant will have the right to question the police officer who issued the ticket. The Judge will determine guilt or innocence.
Felony
When a person is initially charged with a felony, they are arraigned in Croton. The case then goes to the Assistant District Attorney who reviews the case. After that review and additional court appearances, if a plea agreement can be reached to a non-felony offense, the case remains in Croton. If a plea agreement cannot be reached or it is a serious felony, the case will go to the County Court. Some felony cases are sent to a review by a Westchester County Grand Jury. If the Grand Jury believes there is probable cause to bring the defendant to trial, it is called a True Bill / Indictment. The indictment is unsealed, the defendant is arraigned, and proceedings begin in Westchester County or New York State Supreme Court. If a person is arrested in Croton, the Croton Justice Court will arraign the defendant.
This article was written by members of the Police Advisory Committee as part of the Community Information Project.