
The Handgun Trigger Pull Assessment for New Law
Enforcement/Security Candidates
By Bruce Cameron
Recruitment plays a crucial part in the success or failure of a
business. In terms of organizational or corporate behavior, hiring
the right people can make all of the difference in the world. This
really rings true with law enforcement and security departments.
Police and security administrators and trainers need to know what
kind of people they will be bringing on board for a variety of very
important reasons. It is essential that they learn as much they can
about the individual candidate before the hiring and training
process begins. The more information they have the better. Their
decisions will indeed affect the future and safety of the department
and the outcomes of people’s lives. Currently, there are a number of
performance tests and other evaluations that law enforcement and
security departments can use to ascertain, diagnose, and measure
certain skill levels. Here are a few examples and all have their
place:
-
Physical Fitness Tests (ie, Endurance, Agility, Obstacle Course,
Dash)
-
Weapon Proficiency Tests (Manipulation and Marksmanship)
-
Specific Written Tests (on Appropriate Subjects/Standardized
Tests)
-
Written Assignments (Writing An Essay, Short Answer Questions)
-
Reading Comprehension Examinations (Reading Diagnostics)
-
Psychological Screenings and or Personality Tests
-
Polygraph Tests
-
Interviews (Oral Communications)
-
Job Aptitude Tests
-
Cognitive, Observation or Memory Tests
-
Scenarios or Role Playing, Talking in Front of an Audience
When combined with background investigation information, a valid job
task analysis, and a set of standards and job specific
prerequisites, the results of these tests definitely help employers
make good sound decisions about their new personnel. The ability to
pre-test and screen new law enforcement and security recruits is the
first step to creating an effective, productive, and professional
group. If not, the alternatives and consequences may stay with you
for a long time.
Handgun Trigger Pull Assessment – A Screening/Pre- testing Technique
or Tool
The handgun trigger pull assessment is one unique technique that can
be used to supplement the pre-testing process for new recruits.
Note: It is essential that you discuss this with your personnel,
legal or human resource department, so that it meets your
hiring/testing criteria. From a reliability and validity
perspective, it is recommended that you try it out first and “not”
use it as a qualifier or disqualifier until you deem appropriate.
The real rationale and purpose of this article is to emphasize
that there are demonstrable tools available that can be used to
assess the future training “needs” of new personnel while
determining people’s strengths and weaknesses at the same time.
Understanding initial proficiency levels will give you (the
trainer) the opportunity to plan ahead and make good choices
about who you hire and how you train.
You will want to discover as much as you can about the individual
candidate in a relatively short period of time as you can. But in so
doing, you will need to provide a reliable test under fair
conditions so that everyone has an opportunity to succeed.
The trigger pull assessment can be a significant learning/teaching
tool particularly in getting prepared for firearms training, helping
new recruits improve their grip strength prior to them entering the
program, planning for remedial training, and setting goals for the
curriculum. You can discern many things by watching how an
individual picks up and handles a weapon for the first time for
example. It may allow you to correct unsafe behavior on the spot. It
may provide you time to demonstrate certain techniques, and or it
may give you a good starting point in determining what their firearm
capabilities will be when they enter your training program. So it
will help you help them a lot.
First of all, on the day of pre-testing, the trigger pull assessment
can be used in conjunction with the other types of activities you
may choose to do. It must be performed in a safe place (for example,
it could be a firing range, a simulator room, or secure
training/classroom area etc.) with an empty weapon, and to set the
stage for later on, have the candidates follow all range safety
rules as a part of the operation. It must be run in an organized
fashion like you would do on the range. The handguns themselves must
be dedicated “training or classroom” weapons (perhaps set aside for
activities such as this) that have been deactivated and they must be
marked (color coded) and inspected accordingly. No live
ammunition should be present. Empty handgun speed loaders or
magazines also could be used. When the weapons are handed out, have
everyone face in down range mode, and please inspect them again and
double check to make sure everything is clear. Basically this is a
dry fire exercise but it should be handled as if you were out on the
firing line using range commands and range procedures.
The new candidate will be asked to participate in two trigger pull
assessments with the handgun of your choice. It would be wise if you
use the same weapon that your department utilizes in order to better
judge the results and also it would better simulate your
qualifications and courses of fire. The factory authorized trigger
pull weight should also be paralleled. What these two assessments
will hopefully give you in return is this. You may wish to make a
check sheet out of the following:
-
Do the individuals have the strength needed to pull the trigger
the appropriate number of times in order to meet firearm
training and qualification criterion.
-
Do the individuals have the skills to safely manipulate the
weapon (for example, hand dexterity and strength, locking the
slide to the rear, closing the slide, loading an empty magazine,
lowering the hammer, performing safety function checks etc.)
-
Do the individuals know what low ready and muzzle control mean.
Or is he/she pointing their weapons in different directions.
-
Does he/she understand range commands and follow directions. Or
do they look confused.
-
Can he/she perform weapon tasks sequentially (in the right
order).
-
Do individuals understand the basic rules of firearm safety and
the concept of downrange, how one picks up a weapon or hands a
weapon off to another party.
For those who do “not” do well on the numbers – you may have a
problem/weakness with those students in the class – i.e., poor
firearm fundamentals, carpal tunnel syndrome, nerve damage, or lack
of strength. If students cannot pull the trigger a certain amount of
times with an empty weapon, how do you expect them to do it with a
“live weapon?” These people will have to practice and you will need
to inform them of that fact. You should also give them exercises to
do to strengthen their grip. It also may give people time enough to
improve. The trigger pull assessment is to be conducted by members
of your training staff. There have been no norms established per se
for the trigger pull assessment. However, it should be expected that
perspective students be able to complete the qualification course
(Assessment #1) with no problems. Based on our current research,
scores at least a minimum 50 with the strong hand and a minimum of
35 – 40 with the weak hand on Assessment 2. Average scores should
range much higher (70s and 80s) and you may see some in the 100s.
This has proved to be pretty good data so far but please keep in
mind there have been no scientific studies done on this yet. If they
score in the 40s or lower, it “may” mean you have to come up with a
plan for them. It is also a good idea to provide warm up periods
(stretch, shake out the hands) and a small break in between the
tests. Departments should use their own courses of fire and times
and adjust things that best suit them. Try it yourselves and see how
you do.
Assessment #1
To establish a baseline, the new candidate will be required to
safely pull the trigger x amount of times (for example, x =2, 3, 4,
or 6 etc. rounds fired.) within the allotted time limits (i.e. 3, 5,
10, 20 etc. seconds) for each stage of fire of your qualification
course. You should use your own Departmental Handgun
Course of Fire when you do this. The assessment should be
patterned after your course and conducted in the same series of
stages and intervals as you would on the range. At your discretion,
the time frames involved may be modified to account for position
changes or when you are simulating reloading. The training officer
will call the course out loud and the candidate will respond to the
directions by pulling the trigger the appropriate amount of times
for each stage. The candidate should use the right, left, or both
hands (as dictated by the course) and they should use the position
that is specified (i.e., kneeling, standing, or prone). An example
of a quick and easy score sheet is listed below. The candidate will
be given a break between the first and second assessment. All stages
will begin from the low ready. Most people will not have any
problems with this so use it as a warm – up. If you have available
holsters, please feel free to use them as well.
Sample Course of Fire
Stage(s) of Fire Times Number of Rounds Position
EXAMPLE: “Your first stage of fire will be at the three yard line.
From the low ready, you will move into the standing position and
fire two rounds center mass in 3 seconds. Then go back into the low
ready. Is the line ready? The line is ready, fire.”
Insert Your Departmental Course of Fire Here
Assessment #1 Score sheet:
Completed All Stages of Fire __________
Did Not Complete: _________
(Annotate number of rounds fired for each stage).
Stage I _____
Stage II _____
Stage III _____
Stage IV _____
Stage V _____
Stage VI _____
Comments: Example Note: Shooter has problem with weak hand. And can
only pull trigger 10
times._______________________________________________________
_________________________________________________________________.
Assessment #2
To gauge strength and endurance, each candidate will be asked to
pull the trigger as many times as he/she can within a time period of
60 seconds. This exercise will be done twice.
Each hand – one hand only (i.e., the right and the left) will be
used. The amount of times that the trigger is pulled for each hand
will be counted and recorded (indicated below). The trainer will do
the timing. In addition, you can have an additional trainer do the
counting or if done in relay groups, have a partner of one of the
students do it.
Number of Right Hand Trigger Pulls ________
Number of Left Handed Trigger Pulls _________
Comments:
___________________________________________________________________
_____________________________________________________________________________.
Summary
I hope this little exercise during the pre-screening process for new
hires will help. In the long run, we have found here, that it is a
very valuable tool for detecting firearm related problems before
they begin. At the same time, it is a process that will benefit the
trainer and the student for the future in meeting the demands of the
times.


By Brian Willis
Let me start by saying I am a huge advocate of safety in training
and it is critically important that you have safety rituals in place
for conducting reality based training. We must stop killing officers
in 'training accidents'. Having said that, I have come to the
realization over the years that too many trainers are using 'safety'
as a crutch and an excuse not to conduct realistic and potentially
life saving training.
Trainers preach to officers to "never place yourself in a crossfire
situation". Avoiding crossfire is sound tactical advice. What if
however, the subject places the officers in a crossfire situation?
Are the officers prepared to win that fight or are they going to
hesitate because of training, or lack there of?In Lakewood,
Washington the subject entered the coffee shop intent on killing
four officers and created a crossfire situation. In Maryland, a bank
robbery suspect leaves a bank with a gun to a hostages head and is
challenged by a number of armed officers. When he slips on some ice
the hostage runs away and the hostage taker runs into the group of
armed officers creating a crossfire situation. An officer is
fighting over his weapon with a subject who is attempting to disarm
and kill him. Because they are in contact range the cover officer
now finds herself in a crossfire situation. In each of these
situations the subject's actions created the crossfire situation.
The officers did not violate their tactical training and place
themselves in this position. These situations often cause officers
to hesitate as they have never been trained to shoot effectively at
close range or when a crossfire situation exists.
I believe the solution is simple. Make time in training to address
these types of situations. Use plastic training guns and place
officers in a variety of situations like the ones above and let them
work through the problem. The solution may very well be for one or
more of the officers to close the distance and shoot the subject
from an inch or two away. The sad reality is that very few agencies
in 2011 are teaching this tactic in the academy or at an inservice
level. In fact, the closest many officers ever get to a target they
shoot is the 3 yard line at the range.
Too many trainers fail conduct training for winning fights when
officers are in a crossfire situation and use safety as an excuse.
Trainers fail to train officers to shoot someone from inches away
and use safety as an excuse. While safety may be a valid reason for
not using non lethal training ammunition in some drills it cannot be
an excuse for failing to provide proper training.
Trainers use safety as the reason officers are not allowed to move
on the range and then wonder why officers fail to move in a gun
fight or struggle to draw their gun while they are moving. Trainers
use safety as an excuse for why officers are not allowed to pick up
a fully loaded magazine if they drop it on the range. As a result
some officers are conditioned not to pick up that magazine on the
ground that may save their life.
It is time to stop using safety as an excuse. Find a way to conduct
safe, effective training that truly gives officers the skills they
need to win fights and go home to their families.
Next week I will look at safety excuses during control tactics
training.
Take care.
Brian Willis
Is Safety Killing Officers?
Part 2
Last week I addressed some firearms training issues where I believe
safety is being used as an excuse to avoid conducting effective
training. These excuses may be costing officers their lives in the
field. This week I will continue with that theme by exploring
training and environmental awareness.
Trainers continually encourage officers to have 'environmental
awareness' despite the reality your training programs may be doing
just the opposite. During subject control tactics training the
environment is often strictly controlled to ensure there is adequate
room between officers. This is done for 'safety' reasons to prevent
collisions during takedowns, officers tripping over each other or
someone being struck with a training baton during drills.
In many combatives rooms or training areas all objects are removed
from the floors so that no one trips over anything and falls or
rolls an ankle. On the face of it this makes perfect sense and may
be appropriate during the very early stages of training where
officers are just learning skills and tactics. Unfortunately,
trainers often maintain this strict control throughout entire
training programs.
My concern is this type of strict environmental control eliminates
the need and the ability for officers to actually develop
environmental awareness.
Consider placing striking bags and other obstacles on the floor
early in training and force officers to be aware of their
environment. As soon as possible get the officers out of the open
environment into rooms with furniture and people. This will help
officers to be aware of the environment while also learning to deal
with subjects in realistic environments.
As officers progress through training you can take away some of the
room between officers and groups. This forces the officers to be
aware of their environment and the people and objects around them.
You can have other people or objects in the area that may pose an
additional threat to the officer. Doing so creates an environment
where officers need to get their head on a swivel scanning for
threats as soon as the highest priority threat is in control. By
simply adding these environmental and contextual factors in an
incremental manner throughout training you can develop the skill of
environmental awareness in your officers.
There must always be a balance between safety in training and
training appropriate skills and environmental awareness. Safety is a
critical element in training. At the same time you must be aware of
becoming the 'over protective parents' you accuse of coddling the
younger generations.
Take care.
Brian Willis
Brian Willis is an internationally recognized thought leader,
speaker, trainer and writer and President of the innovative training
company Winning Mind Training. Brian was a full time police officer
with the Calgary Police Service from 1979 to 2004. He is the
recipient of a Lifetime Achievement Award in recognition of his
contribution and commitment to Officer Safety in Canada and was
named Law Officer Trainer of the Year for 2011.
Brian serves as the Deputy Executive Director for the
International Law Enforcement Educators and Trainers Association
(ILEETA). He is the editor and contributing author for the acclaimed
books
W.I.N.: Critical Issues in Training and Leading Warriors
and W.I.N. 2: Insights Into Training and Leading Warriors, If I Knew
Then: Life Lessons From Cops on the Street. And If I Knew Then 2:
Warrior Reflections. He is also a contributing writer for the book
Warriors: On Living with Courage, Discipline and Honor.
He can be reached through his website at
www.winningmindtraining.com


By
John Reid & Associates
A witness is anyone who possesses direct information pertinent to an
investigation. Sometimes witnesses are forthcoming and fully
cooperative, other times they are reluctant to get involved and
occasionally they are deceitful in an effort to protect themselves,
an accomplice or loved one. There are many factors that may
influence the accuracy of a witness' statement including trauma,
passage of time, prejudices, influences of drugs or alcohol, age,
and psychological/ physiological disorders. Finally, witnesses are
interviewed in a number of different settings, ranging from a
totally uncontrolled setting (outside a bank that was just robbed)
to a semi-controlled environment (the witness' home or office) or in
a controlled setting (the investigator's office).
With all these variables, obviously there is no single best
technique to develop information from a witness. Consequently, this
web tip will present a number of different concepts relating to
witness interviews which the investigator will need to appropriately
apply. There is, however, a single underlying principle: the more
time the investigator spends talking to the witness, the more
information will be learned. Regardless of how cooperative a witness
may be, the investigator should never accept a witness's first
version of an event as final and complete. A witness rarely
initially volunteers all the information he or she possesses; the
investigator must draw it out by asking follow-up questions and
perhaps even consider using memory-enhancing techniques.
1.
Identifying a good witness.
Consider that a pedestrian was struck by a car when crossing the
street. By the time the police officer arrives on the scene, ten
individuals have congregated around the accident. The officer may be
tempted to approach a person in the crowd and ask, "Did you see what
happened?" This direct approach to locate a witness is likely to
produce a response such as, "I can't help you. I just got here."
The officer would be much more productive in identifying a
knowledgeable witness by initially asking an individual in the
crowd, "Do you know who may have seen this happen?" This question is
likely to produce a response such as, "That woman over there was
here when I arrived and by the way she's acting it looks like she
saw the whole thing." Armed with this insight, the officer could
approach the identified woman and state, "Ma'am, I understand that
you were here when this happened. Would you help me out by telling
me what you saw and heard?"
It may also be beneficial to observe the behavior of potential
witnesses in a crowd to identify a person who is likely to possess
information and be willing to share it. The individual may appear
animated in discussing the incident with those around them, appear
approachable by exhibiting an open posture and a friendly facial
expression. When the investigator attempts to make eye contact the
willing witness may turn toward the investigator and return mutual
gaze.
2.
Interview multiple witnesses separate from each other.
Consider that three people witnessed the same fight in a bar. If the
investigator approaches them and asks, "What did you see?" one
witness is likely to do most of the talking while the other two nod
in agreement. Three individuals can witness the exact same event but
their recollections of the event may differ slightly. To account for
individual differences, it is important that the investigator
conduct three separate interviews. This technique is also useful to
identify possible biases or omissions within a particular witness'
statement.
3.
Create the most private environment possible for the interview.
Almost every witness statement attributes blame to someone or
something for the observed event. Psychologically, pointing a finger
at a responsible person is difficult for most individuals. This
difficulty increases substantially when a witness' statement
incriminates a friend, family member or accomplice. To ease the
psychological burden of implicating others, the investigator must
afford the witness privacy.
Once a witness is selected from a crowd it would be appropriate to
escort the witness 15 or 20 feet from the crowd before asking
questions about the occurrence. In some situations, it may be
appropriate to place the accused person in custody in the back seat
of a squad car and then privately question the witness out of the
accused person's presence. There may be instances where the witness'
statements will be so critical to the successful prosecution of the
guilty that the investigator may choose to interview the witness in
the confines of an interview room in a law enforcement center.
Regardless of the circumstance, the important message is that once a
witness is located the investigator should do whatever is possible
to afford the witness privacy before expecting that person to
provide accurate and meaningful information.
4.
Do not elicit personal information from the witness (full name,
address, telephone number) early during an interview.
The reason many witnesses are reluctant to offer information is the
fear of getting involved in the legal system (testifying in court,
being named as a source of information to obtain an arrest warrant,
etc.) Consequently, once an investigator identifies that a person
may have information pertinent to an investigation, the information
should be elicited in a casual manor, e.g., "Good evening sir. I'm a
police officer investigating this incident. Can you tell me what
happened?" Only after the witness has provided the desired
information should the investigator elicit personal information.
For much the same reason, the investigator should refrain from
taking written notes early during the interview. Not only does
note-taking remind the witness of the permanency of the statement,
but it can be a distraction and affect the natural flow of
information. Once the witness has made a complete oral statement the
investigator can pull out a pen and paper and document what was
said.
5.
Introduce each area of the interview with an open question.
Research and empirical observations clearly indicate that the most
effective technique to develop full and accurate information from a
witness is to start with a broad question, e.g. "Please describe the
car for me" than to ask a series of closed-ended questions, e.g.
"What color was the car?"; "Was is a van or sedan?" How old do you
think the car was?"
When asking an open question the investigator should not influence
the witness' statement by making assumptions within the question.
Witnesses are often nervous when talking to an authority figure and
may be eager to please the investigator by saying what they think
the investigator wants to hear (or already knows). Consider that a
woman heard a loud noise coming from the liquor store across the
street and saw a person run out of the store following the sound. As
it turns out, the liquor store was just robbed and the clerk was
shot dead. It is improper to ask this witness "Describe the man who
robbed the liquor store" because the question assumes that the
robber was a man and that the person being described is the person
who robbed the liquor store. Rather, the investigator should ask
"Describe the person you saw leave the liquor store after you heard
the loud sound."
Once the witness starts to respond to the investigator's open
question, the investigator should not interrupt the account. Rather,
he should encourage the witness to fully respond to the question
with phrases such as "please continue," "I understand," or
"alright." Certainly, during the course of an open account
additional questions will occur to the investigator. However, if the
investigator interrupts the witness' response with a detail
question, e.g."How many shots did you hear?" the interview will
quickly deteriorate to an undesirable question and answer session.
6.
Ask clarifying questions before detail questions.
As the name implies, clarifying questions are intended to draw out
further information about a topic mentioned within an open response.
Examples of clarifying questions include, "Tell me more about what
you heard prior to the fight;" "Describe the vehicle that struck the
woman"; or "Tell me again about what caused you to step out of your
house?"
Detail questions seek specific answers and should be reserved for
the conclusion of the interview. They fill in gaps of missing
information not volunteered by the witness through the use of open
or clarifying questions. Examples of detail questions are, "What
time did this happen?" "What color was the car?" "Did he strike him
with his left or right hand?" Because detail questions force the
witness to offer specific information, they are the most likely
questions to elicit false information. Failure to offer a definitive
response to a detail question holds a negative connotation - the
witness is stupid, the witness is uncooperative, the witness is
withholding information. Consequently, witnesses are prone to lie to
detail questions.
7.
Memory - enhancing techniques.
It is the investigator's goal to develop accurate and complete
information from a witness. The previously listed techniques are
designed to increase the accuracy of information. To increase the
amount of information a witness recalls, consider these tactics:
Traumatized witnesses should always be re-interviewed at a later
date. Especially when the witness is also a victim, it is
important to gain immediate information in an effort to quickly
identify a possible suspect and collect relevant evidence.
Frequently, however, a traumatized witness will be able to recall
further information 24 or 48 hours following the incident. After
taking the initial report, the investigator should prepare the
traumatized witness for a second interview with a statement such as
the following:
"Linda, I know this has been difficult for you and I really
appreciate your assistance. In cases like this, I have found that a
person will remember more about what happened if given some time to
think about it. I would like to talk to you again tomorrow afternoon
to update you on our investigation and to find out what else you
remember. Would that be alright?"
Have the witness write down their recollections.
Many individuals are kinesthetic thinkers in that the act of writing
will help stimulate and organize memories. This should not be
introduced as a "written statement" but rather as a technique to
assist the witness' recollection. For example, the witness may be
given a sheet of paper with the numbers one through ten listed as a
column and asked to write down, in sequence, ten recollections about
the event. Once this task is completed, the investigator can ask the
witness to try to add two more recollections following each of the
ten points.
Consider using cognitive interviewing techniques. These
specialized techniques are specifically designed to enhance a
person's recall. They require a cooperative witness and should be
utilized in a controlled environment. The witness should be relaxed
and comfortable. It may also be appropriate to ask the witness to
close their eyes to help concentrate.
The first technique involves recalling the incident in reverse
order. The witness would be asked to start their story with the last
recollection, and working toward the first recollection. The
investigator could also ask the witness to tell their story from a
different perspective. For example, in a hit and run accident, the
witness could be asked to tell the story from the victim's
perspective.
A second concept within cognitive interviewing involves asking
hypothetical questions about the recalled event. In the process of
answering these questions, further memories may be stimulated within
the witness. Examples of these questions include:
"Did he remind you of anyone you know?"
"Why do you think he was dressed the way he was?"
"What do you think the man did for a living?"
"Where do you think he was from?"
"Did the man mention any names?"
Conclusion
Developing accurate and complete information from witnesses is
critical to any criminal investigation. This information may
determine whether or not a crime was committed, the direction in
which an investigation goes and the identification of the
perpetrator of a crime. Yet, too often, investigators engage in
procedures that fail to identify valuable witnesses to a crime, or
question witnesses with techniques that result in missing or
erroneous information. Of primary importance, investigators need to
create a private environment to interview witnesses which will, in
turn, allow for more structure within the interview. Specifically,
the investigator should start the interview by asking open questions
followed by clarifying questions. Only at the conclusion of the
interview should the investigator ask detail questions, take written
notes and obtain personal information about the witness.
Credit and Permission
Statement: This Investigator Tip was developed by John E. Reid and
Associates Inc. Permission is hereby granted to those who wish to
share or copy the article. For additional 'tips' visit
www.reid.com;
select 'Educational Information' and 'Investigator Tip'. Inquiries
regarding Investigator Tips should be directed to Janet Finnerty
johnreid@htc.net.
For more information regarding Reid seminars and training products,
contact John E. Reid and Associates, Inc. at 800-255-5747 or
www.reid.com.


Reprinted from
WWW.PATC.COM
Supreme court vacates warrant requirement for child interviews
June 2011
by Brian S. Batterton, Attorney
On May 26, 2011, the United States Supreme Court decided Camreta
v. Greene et al., [i] and vacated a decision of the Ninth
Circuit Court of Appeals which had effectively required child
protective service officers to obtain warrants in order to interview
victims of child abuse, absent parental consent. The facts of
Camreta are as follows:
In February 2003, police arrested Nimrod Greene for suspected sexual
abuse of a young boy unrelated to him. During the investigation of
that offense, the boy's parents told police that they suspected
Greene of molesting his 9-year-old daughter S.G. The police reported
this information to the Oregon Department of Human Services, which
assigned petitioner Bob Camreta, a child protective services
caseworker, to assess S.G.'s safety. Several days later, Camreta,
accompanied by petitioner James Alford, a Deschutes County deputy
sheriff, went to S.G.'s elementary school and interviewed her about
the allegations. Camreta and Alford did not have a warrant, nor had
they obtained parental consent to conduct the interview. Although S.
G. at first denied that her father had molested her, she eventually
stated that she had been abused. Greene was indicted and stood trial
for sexually abusing S.G., but the jury failed to reach a verdict
and the charges were later dismissed. [ii]
Sarah Greene, S.G.’s mother, sued Camreta and Alford on her behalf
under 42 U.S.C. § 1983 for allegedly violating S.G.’s
Fourth Amendment rights to be free from an unreasonable seizure.
The District Court granted summary judgment for all defendants in
the case. S.G. appealed to the Ninth Circuit Court of Appeals.
The court of appeals held that the officers violated S.G.’s
Fourth Amendment rights when they seized and interrogated her
without a warrant, absent court order, exigent circumstances, or
parental consent. However, the court granted the officers qualified
immunity from suit because there was not clearly established law
that put the officers on notice that their conduct was illegal. In
deciding the case, the court of appeals said that it wanted to
“provide guidance to those charged with the difficult task of
protecting child welfare within the confines of the Fourth
Amendment.” [iii] Specifically, the court of appeals stated
[G]overnment officials investigating allegations of child abuse
should cease operating on the assumption that a 'special need'
automatically justifies dispensing with traditional Fourth
Amendment protections in this context. [iv]
Camreta and Alford then petitioned the United States Supreme Court
to grant certiorari to hear the case. The Supreme Court granted
certioriari.
The two issues before the Court were as follows:
-
May government
officials who prevail on grounds of qualified immunity obtain
the Supreme Court’s review of a court of appeals’ decision that
the officials conduct violated the Constitution?
-
If the first
issue is answered affirmatively, did the Ninth Circuit correctly
decide that the interview in this case violated the Fourth
Amendment?
In addressing the first issue, the Supreme Court discussed their
authority to adjudicate legal disputes under the Constitution.
First, the litigants must have a personnel stake in case that
remains an issue when the Supreme Court hears the case. In this
case, the Supreme Court noted that the government officials do still
have a present stake in this case, even though they have been
awarded qualified immunity from the lawsuit. Their “stake” comes
from the fact that the Ninth Circuit’s decision has greatly impacted
how child welfare workers and police officers perform their duties,
since these officials must now comply with this now “clearly
established” law. As such, future violations of the holding would
likely result in a denial of qualified immunity since the law had
been clearly established.
The court also discussed the fact that they typically decline to
hear a case at the request of the prevailing party. However, the
Court stated that in certain types of cases such as this case, they
may choose to depart from their normal practice. Specifically, the
Court stated
We think just such a reason places qualified immunity cases in a
special category when it comes to this Court's review of appeals
brought by winners. The constitutional determinations that
prevailing parties ask us to consider in these cases are not mere
dicta or "statements in opinions." They are rulings that have a
significant future effect on the conduct of public officials -- both
the prevailing parties and their co-workers -- and the policies of
the government units to which they belong. And more: they are
rulings self-consciously designed to produce this effect, by
establishing controlling law and preventing invocations of immunity
in later cases. And still more: they are rulings designed this way
with this Court's permission, to promote clarity -- and observance
-- of constitutional rules. We describe in more detail below these
features of the qualified immunity world and why they came to be. We
hold that taken together, they support bending our usual rule to
permit consideration of immunized officials' petitions. [v]
[internal citations omitted]
When applying the above standard to the facts of this case, the
Supreme Court noted that the Ninth Circuit specifically made their
ruling in Camreta in order to provide instruction to
government officials regarding future in-school interviews of child
sexual abuse victims, that ruling has far reaching policy impacts on
public official (child welfare workers and law enforcement
officers), and the rule could result in preventing immunity in
future cases.
Therefore, the Supreme Court held that the decision is reviewable
even though Camreta prevailed on qualified immunity.
The Supreme Court then sought to clarify the limits of their holding
on the first issue in this case. The Court stated:
We emphasize, however, two limits of today's holding. First, it
addresses only our own authority to review cases in this procedural
posture. The Ninth Circuit had no occasion to consider whether it
could hear an appeal from an immunized official: In that court,
after all, S.G. appealed the judgment in the officials' favor. We
therefore need not and do not decide if an appellate court, too, can
entertain an appeal from a party who has prevailed on immunity
grounds. Second, our holding concerns only what this Court may
review; what we actually will choose to review is a different
matter. That choice will be governed by the ordinary principles
informing our decision whether to grant certiorari -- a "power [we]
. . . sparingly exercis[e]." [vi]
Having determined that they can choose to review case brought
forward by the prevailing party, the Supreme Court then examined
S.G.’s stake in this case. S.G. now lives in Florida and is only
months away from her 18th birthday. She stated that she does not
intend to return to Oregon. Therefore, the Supreme Court concluded
that S.G. has “not the slightest possibility” of being seized and
subjected to an interview while in school. [vii] The Court stated
When subsequent events make it absolutely clear that the allegedly
wrongful behavior could not reasonably be expected to recur, we have
no live controversy to review. [viii] [Internal citations and
quotations omitted]
Thus, the case is moot and the Supreme Court determined that it
lacked jurisdiction to hear the case.
Since the Supreme Court determined that they do not have
jurisdiction to hear the case, they had to decide what to do
regarding the second issue. To review, the second issue is very
important because dealt with whether or not the officers violated
the Constitution when they conducted a warrantless interview of the
alleged child sex-abuse victim in school. The Supreme Court stated:
When a civil suit becomes moot pending appeal, we have the authority
to "direct the entry of such appropriate judgment, decree, or order,
or require such further proceedings to be had as may be just under
the circumstances." 28 U.S.C. § 2106. Our "established"
(though not exceptionless) practice in this situation is to vacate
the judgment below. [ix]
This is done out of fairness to the party that cannot have the court
address their controversy. The court stated the rule as follows:
A party who seeks review of the merits of an adverse ruling, but is
frustrated by the vagaries of circumstance, we have emphasized,
ought not in fairness be forced to acquiesce in that ruling. The
equitable remedy of vacatur ensures that those who have been
prevented from obtaining the review to which they are entitled [are]
not . . . treated as if there had been a review. [x] [internal
citations and quotations omitted]
In other words, the Court states that it would be unfair to fail to
decide the merits of the case because some unforeseeable
circumstance renders a case unreviewable. Thus, court looks to apply
an equitable remedy. As such, the ruling of the Ninth Circuit, to
the extent that it ruled the officers violated the Fourth
Amendment, is vacated.
-
This ruling
does not mean that the interview conducted in Camreta was
constitutional. Rather, it means that the portion of the Ninth
Circuit’s holding in Camreta regarding S.G.’s interview is
vacated and no longer binding case law. The law is again not
clearly established in regard to future conduct.
-
Government
officials should remember that they are still bound by the
specific laws of their state that govern conduct during
interviews with juveniles.
__________________________________________
Note:
Court holdings can vary significantly between jurisdictions. As
such, it is advisable to seek the advice of a local prosecutor or
legal advisor regarding questions on specific cases. This article is
not intended to constitute legal advice on a specific case.
[i] 09-1454, 09-1478, 2011 U.S. LEXIS 4016
[ii] Id. at 11
[iii] Id. at 13
[iv] Id. (quoting Camreta v. Green, 588 F.3d 1011, 1033 (9th Cir.
2009))
[v] Id. at 20-21
[vi] Id. at 28
[vii] Id. at 32
[viii] Id.
[ix] Id. at 34-35
[x] Id. at 35
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