mvpel
Regular Member
imported post
The attached file is the first of a set which encompasses the written directives of the Manchester, NH police department which are promulgated to comply with the requirements of the CALEA (Commission for Accreditation of Law Enforcement Agencies) accreditation process, as follows:
Section 1.2.3 – “A written directive governs procedures for assuring compliance with all applicable constitutional requirements…”
Section 1.2.4 – “A written directive governs search and seizure without a warrant by agency personnel…”
Section 1.2.5 – “A written directive specifies the procedures for any arrest, made with or without a warrant…”
Section 1.2.9 – “… a written directive governing bias based profiling…”
Section 1.3.1 – “A written directive states personnel will use only the force necessary to accomplish lawful objectives.”
These sections of the Standards for Law Enforcement Agencies document are what I judged to be the most relevant to the Manchester Police Department's conduct towards individuals lawfully and peaceably carrying defensive firearms openly.
The first point to note - when you are told that you are "not free to leave," your conversation with the police officer detaining you for peaceable open carry becomes a "custodial interview," also known as an "interrogation," and invokes a requirement for the Miranda warning.
I'll post more bits later.
The attached file is the first of a set which encompasses the written directives of the Manchester, NH police department which are promulgated to comply with the requirements of the CALEA (Commission for Accreditation of Law Enforcement Agencies) accreditation process, as follows:
Section 1.2.3 – “A written directive governs procedures for assuring compliance with all applicable constitutional requirements…”
Section 1.2.4 – “A written directive governs search and seizure without a warrant by agency personnel…”
Section 1.2.5 – “A written directive specifies the procedures for any arrest, made with or without a warrant…”
Section 1.2.9 – “… a written directive governing bias based profiling…”
Section 1.3.1 – “A written directive states personnel will use only the force necessary to accomplish lawful objectives.”
These sections of the Standards for Law Enforcement Agencies document are what I judged to be the most relevant to the Manchester Police Department's conduct towards individuals lawfully and peaceably carrying defensive firearms openly.
The first point to note - when you are told that you are "not free to leave," your conversation with the police officer detaining you for peaceable open carry becomes a "custodial interview," also known as an "interrogation," and invokes a requirement for the Miranda warning.
A custodial interview involves the questioning of an individual who is under arrest and/or is considered “not free to leave”. Care must be taken by officers to consider a person’s right to remain silent and right to counsel. Resulting statements, admissions, and confessions must be given freely and voluntarily for them to be admissible as evidence.
1. Adult Miranda
...
b. Miranda warnings are then required and shall be administered prior to all custodial interviews.
I'll post more bits later.