LIABILITY MANAGEMENT
for drug investigations

Length of Seminar: 2 Days
Instructors: Jack Ryan, or Tim Longo, or Shaun Santos

COURSE OBJECTIVES:

Critical Tasks in Narcotics Operations: This session will focus on the critical tasks of a narcotics operation and identify the specific tasks that will expose the investigators and the agency to liability.

Search Warrants: This session focuses on the state of the law related to search warrants as well as the exceptions to the warrant requirement. It should be recognized that when officers breach the rules of criminal procedure, they risk the possibility of a lawsuit under 42 U.S.C. § 1983. Participants will identify the constitutional mandates related to search warrants and the warrant exceptions.

The Concept of Particularity and Specificity: The session will begin with a review of the United States Supreme Court’s recent decision in Groh v. Ramirez and its impact on the drafting of defensible search warrants.

Pre-Raid Planning: The failure to develop a sound pre-raid plan quickly becomes an issue when officers conducting the raid are faced with resistance and forced to react. In cases where reaction is required plaintiff’s expert will attempt to testify as to how the failure of a pre-raid plan created the need for a police reaction. This session will focus on issues related to pre-raid planning and the “best police practices” related to these plans.

Knock and Announce: Where are we? The trilogy of cases from the United States Supreme Court on the concept of “knock and announce” provides the framework for when officers may dispense the requirement of knocking as well as how quickly they can move forward after knocking and announcing. This session will analyze the current rules and provide participants with a formula for making defensible decisions with respect to knocking and announcing.

Special Legal Issues in Narcotics Investigations: The use of informants can lead to dramatic liability. This session will begin by looking at cases involving the protection of informants. Examples such as Butera v. District of Columbia where the initial jury award (since vacated) against the District was 98 million dollars will be used to discuss investigator and agency obligations to informants. The session will also discuss additional legal issues such as liability related to the seizure of property as well as funds held by narcotics units.

Audits and Inspections: Agencies cannot afford to wait until enduring the worst case scenario to determine if their operations are consistent with the best police practices. This session will focus on the concept of audits and inspections as a means to detect deficiencies before the crisis. Participants will review audits and inspections material specifically related to the narcotics function that may be implemented to identify areas of improvement that will help reduce liability.

Policy Development for Narcotics Units: Policy Development: Developing the most defensible policy and training for narcotics units. This session will focus on sound policy development that will make officers and agencies a more difficult target for plaintiff’s attorney.