MKELEGALTIPS

TIP S POLICE & COMMUNITY ENGAGEMENT TOOLS FOR INTERACTING WITH POLICE SAFELY

IN PARTNERSHIP WITH THE MILWAUKEE BUCKS AND THE MILWAUKEE POLICE DEPARTMENT OFFICE OF COMMUNITY OUTREACH & EDUCATION

The information contained in this booklet, including the Additional TIPS, is general information for the public and should not be construed as legal advice to be applied to any specic factual situation. You should consult your attorney to obtain advice with respect to any particular issue or problem. DISCLAIMER problem-oriented, and data-driven policing. We are presenting this booklet to provide the citizens of Milwaukee a guide to understanding their rights during common encounters with law enforcement, while also providing insight from the Milwaukee Police Department as to what our protocol is and what our duty is to the public during such encounters. Table of Contents & Introduction With the support of the Milwaukee Courier, we are proud to present this booklet, Police and Community Engagement TIPS (Tools for Interacting with Police Safely). The Milwaukee Police Department envisions a Milwaukee where all can live safely and without fear, protected by a police department with the highest ethical and professional standards. Our mission is to work in partnership with the community to create and maintain neighborhoods capable of sustaining civic life. We commit to reducing the levels of crime, fear, and disorder through community-based,

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CONTENTS 04 AMessage from Chief Flynn 06 What behavior to expect when interacting with an officer 07 Being stopped on the street by an officer 08 How are offivers trained to make vehicle stops? 09 What if I am in a vehicle that gets pulled over? 10 How are officers trained when making contact with citizens at a private residence? 11 How should I respond if a police officer shows up at my house? 12 The Complaint Process 14 Police Academy Graduate Profile 15 Citizen Academy Information 18 Glossary of Terms

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A Statement from CHIEF FLYNN

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To the community, I promise an open, accountable, accessible police department responsive to your concerns. It is my hope that, someday, support for the department will be uniformly strong across every neighborhood and from every sector of society. I hope someday that all of our communities will be willing to suspend judgment when there is a critical incident until all the facts are in. But I recognize that we are not there yet. This police department and all its communities have a history and that history has not always been positive. We will work to learn from that history and not be held hostage to it. We will work to earn your trust. Reducing crime, fear, and disorder in your neighborhood while treating you with dignity and respect will be our down payment on earning that trust. What I expect in return is for every neighborhood to understand that public safety is not a spectator sport. Safe neighborhoods are the result of people and their police working together to create communities capable of sustaining civic life. We have a mutual obligation to do our respective parts. The Milwaukee Police Department will use every tool at its disposal to create safe places. But you must do your part. Edward A. Flynn, Chief of Police Milwaukee Police Department

SPONSORED BY:

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THE CORE VALUES OF THE MILWAUKEE POLICE DEPARTMENT ARE: Competence - We are prudent stewards of the public’s grant of authority and resources. We are accountable for the quality of our performance and the standards of our conduct. We are exemplary leaders and exemplary followers. Courage - We place the safety of others before our own and accept our moral responsibility to take action against injustice and wrongdoing. Police members are expected to take prudent risks on behalf of the public. Integrity - We recognize the complexity of police work and exercise discretion in ways that are beyond reproach and worthy of public trust. Honesty and truthfulness are fundamental elements of integrity. It is our duty to earn public trust through consistent words and actions. We are honest in word and deed. Leadership - We seek to inuence human behavior to achieve organizational goals that serve the public while developing individuals, teams, and the organization for future service. We accept our responsibility to be leaders, both within the community and among our peers, and for the actions of our colleagues and ourselves. We are all responsible for the performance, reputation, and morale of the department. Respect - We hold life in the highest regard. We treat all citizens and colleagues with dignity and respect, and are fair and impartial as we perform our duties. Restraint - We use the minimum force and authority necessary to accomplish a proper police purpose. We demonstrate self-discipline, even when no one is listening or watching. CITIZENS EXPECT WHAT SHOULD IN TERMS OF OFFICER BEHAVIOR & PERFORMANCE IN REGARDS TO CONTACT IN PUBLIC?

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HOW SHOULD I RESPOND IF I AM STOPPED ON THE STREET BY AN OFFICER? ADDITIONAL TIPS: Be mindful of the ofcer, stay calm, and be courteous.

Keep your hands where the ofcer can see them. Follow the ofcer’s instructions.

When asked you should provide your name and address. 7

OFFICERS HOW ARE TRAINED TO MAKE VEHICLE STOPS?

City of Milwaukee Police Department

police ofcers are trained, when they initiate a trafc stop, to approach the vehicle if

practical, introduce themselves and explain the reason for the stop. Each stop will be different based on the circumstances of the stop. Ofcers will gather information from the driver including their identication as well as occupant information if appropriate to do so. Ofcers will then go back to their patrol vehicle and conduct inquiries to determine whether the driver has a valid driver license, as well as complete any necessary paperwork, such as citations or written warnings.

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explain any paperwork, answer any questions, and

IMPORTANT Citizens should be aware that upon the start of a traffic stop the driver and all passengers are not free to leave and are detained until the conclusion of the stop.

WHAT IF I AM IN A VEHICLE THAT GETS PULLED OVER? ADDITIONAL TIPS:

The driver and/or the passenger ARE required to step out of your vehicle if

whether or not the vehicle is searched.

Police may search any place in a vehicle that is reasonable to believe the object of the search might be located if the search is based on probable cause. This includes searching any locked, closed, or open container. 9

HOW ARE OFFICERS TRAINED WHEN MAKING CONTACT WITH CITIZENS AT A PRIVATE RESIDENCE? The City of Milwaukee Police Department receives hundreds of thousands of calls for service every year for a variety of reasons. Each call type has a different response from ofcers. Ofcers are trained to respond to a call for service and introduce themselves. They will try to obtain as much information as they can to help the citizen in need or to solve a crime they are investigating. They may interview citizens to determine if they are witnesses to a crime or suspicious activity, or to determine if they have information relating

to their assignment. Ofcers will conclude their contact professionally, making sure they have met the needs of the citizen(s) they are serving.

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HOW SHOULD I RESPOND IF A POLICE OFFICER SHOWS UP AT MY HOUSE?

ADDITIONAL TIPS: An ofcer may enter your house if they have your consent or a valid search warrant. They may also enter as otherwise authorized by law including judicially recognized exceptions to the warrant requirement. In order for a warrant to be valid, a search warrant must be in writing and signed by the issuing judge, it must be directed to a law enforcement ofcer, it must command that a particularly specied place or person be searched, it must particularly describe the subject matter of the search, it must be dated, and it must be based upon a sworn complaint or afdavit showing probable cause.

AN OFFICER MAY TAKE ITEMS FROM THE HOME THAT ARE NOT LISTED IN THE SEARCH WARRANT UNDER CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO THE FOLLOWING: The items are evidence of a crime. The items are discovered in the course of a lawful search. The items are in “plain view” within the designated areas listed in the search warrant. There are standards that apply to this action (Plain View Doctrine). 11

WHAT IS A COMPLAINT A complaint is a belief that a member of the Milwaukee Police Department has violated a department rule or procedure, a federal or state law, an ordinance of the city of Milwaukee, or dissatisfaction with a policy or procedure of the Milwaukee Police Department. WHO CAN FILE A COMPLAINT representing an aggrieved or injured party. However, the agent shall be limited to the following: An attorney, parent or guardian of a child. A translator representing a non-English speaking complainant agents can obtain a citizen complaint form for the aggrieved or injured party and assist with its

district, bureau, or division. All complaint reports are

THE COMPLAINT PROCESS

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FILING YOUR COMPLAINT

your complaint by going to a district station or calling the department and asking for a supervisor to meet with you. You may also call Internal Affairs at (414) 935-7942. Complaints can (414) 286-5000. A citizen complaint shall be documented in writing on a citizen complaint form by either the complainant or the supervisor receiving the complaint and once completed a copy will be provided to the citizen. If it is more convenient for the citizen, the citizen complaint form can be completed at a later time, and returned to the Milwaukee Police Department. If the citizens complaint form is to be returned by mail, it should be sent to the following address:

MILWAUKEE POLICE DEPARTMENT INTERNAL AFFAIRS 6680 NORTH TEUTONIA AVENUE, RM 325 MILWAUKEE, WI 53209

WHAT HAPPENS WITH YOUR COMPLAINT

The department will conduct a thorough investigation to include interviews of all available witnesses. Supervisors and/or detectives, under the direction of the Internal Affairs Division, will conduct all complaint investigations. Their duty is to gather all the facts and present these facts for review. Most investigations will be completed within a timely matter. Complex investigations may take several months to complete. Once the initial complaint has been thoroughly investigated and all of the facts have been gathered, the completed investigation will be reviewed. This review will determine if there was compliance with department rules and procedures, federal or state laws, ordinances of the City of Milwaukee, or the policies and procedures of the

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SPONSORED BY:

ANDREW FUERTE POLICE OFFICER Fuerte, 26, grew up on the northwest side of Milwaukee, attending Brookeld East High School and. His interest in law enforcement began as a Police Explorer with the Milwaukee Police Department. He then joined the Department as a Police Aide and was promoted to the rank of Police Ofcer in 2013.

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CITIZEN ACADEMY The Milwaukee Police Department's (MPD) Citizen Academy is a program that gives the public a working knowledge and understanding of the values, goals, and operations of MPD. The purpose of the Citizen Academy is to inform the citizenry as to the policies and procedures of the Milwaukee Police Department by providing an abridged version of Police Academy training. This program has been created with the intent of building a positive relationship between the MPD and the community members we serve. Contact the Milwaukee Police Department Office of Community Outreach and Education

for the class schedule at the telephone number 414-935-7905. There is minimal cost to cover the uniform shirt.

“Starting as an explorer prepared me for the role of police aide by learning the steps of certain things and it allowed me to meet officers from several districts. Once I became a police aide in 2010, I worked in multiple locations. At each location I was able to learn how each district was run and how the officers conducted themselves.” -Andrew Fuerte Some options for further education and involvement include joining the police force to serve your community, or taking informational classes through Milwaukee Police Department’s Citizen Academy. 15

YOUTH The Milwaukee Police Department's (MPD) Youth Academy is a program that gives the youth a working knowledge and understanding of the values, goals, and operations of MPD. The purpose of the Youth Academy is to provide the youth a better understanding of how and why police ofcers perform their duties. This program has been created with the intent of building a positive relationship between the MPD and the community members we serve. Academy

CONTACT THE MILWAUKEE POLICE DEPARTMENT OFFICE OF COMMUNITY OUTREACH AND EDUCATION FOR THE CLASS SCHEDULE AT THE TELEPHONE NUMBER 414-935-7905

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“I GAINED A NEW UNDERSTANDING AND INSIDE LOOK OF THE MPD AND CALMED MY FEARS, AND CREATED A NEW UNDERSTANDING OF MPD.”

“THE ACADEMY TAUGHT ME A BIT OF GREAT INFORMATION THAT THE PUBLIC NEEDS TO KNOW.”

“WHAT I LEARNED, I WILL TAKE BACK TO THE COMMUNITY.” - Recent Citizen Academy Graduates

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GLOSSARY

OF TERMS MIRANDA RIGHTS: Miranda Rights (Constitutional Rights) must be given prior to custodial interrogation. Two factors must be present

before an ofcer is required to provide the miranda rights to a person. A person must be in custody and also must be about to be questioned regarding a crime. If those two factors exist then an ofcer must provide the following rights before questioning a person about a crime: 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 consult with a lawyer before questioning and to have a lawyer present with you during questioning. If you cannot afford to hire a lawyer, one will be appointed to represent you at public expense before or during any questioning if you so wish. If you decide to answer questions now without a lawyer present, you have the right to stop the questioning and remain silent at any time you wish, and the right to ask for and have a lawyer at anytime you wish, including during the questioning.

ARREST: The detaining of a person by word or action into custody so as to subject his liberty to the actual control and will of the person making the arrest….There must exist the intent to take a person into custody, and a corresponding understanding by the person arrested that he is in “custody,” although no formal declaration of arrest is required. Arrest also implies not only custody, but also the aim of bringing the person arrested into the judicial process to answer for an offense. DETAIN(ED): Detention occurs whenever a police ofcer accosts an individual and restrains his or her freedom to walk away, or approaches and questions an individual, or stops an individual suspected of being personally involved in criminal activity. Such a detention is not a formal arrest.

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REASONABLE SUSPICION: Reasonable suspicion is the legal standard by which a police ofcer has the right to briey detain a suspect for investigatory purposes. Reasonable suspicion is less than probable cause, but is more than a hunch and is based on the totality of the circumstances. It must include specic and articulable facts that lead the police ofcer to reasonably suspect that a person is committing, has committed, or is about to commit a crime.. REASONABLE FEAR: Reasonable Fear is the legal standard that must be met during a stop that was made by way of reasonable suspicion that allows the frisk the outside of a person’s clothing for weapons. Reasonable fear exists when the ofcer reasonably suspects that he, she, or another is in danger of physical injury from the person who has been stopped. 19

WAIVER / INVOCATION: After providing the

aforementioned rights and it is established that you understand them you may choose to answer questions or make a statement by waiving your rights or you may choose to invoke your rights and remain silent. REASONABLE AMOUNT OF TIME: A standard for what is fair and appropriate under usual and ordinary circumstances; that which is according to reason; SEARCH WARRANT: A search warrant warrant may be issued by judge to authorize the search a specic person as well as a place or object. the way a rational and just person would have acted.

PROBABLE CAUSE PROBABLE CAUSE IS THAT QUANTUM OF EVIDENCE WHICH WOULD LEAD A REASONABLE POLICE OFFICER TO BELIEVE THAT SOMEONE HAS COMMITTED A CRIME. IT IS MORE THAN A HUNCH OR SUSPICION, BUT LESS THAN EVIDENCE REQUIRED TO CONVICT AT TRIAL. PLAIN VIEW A DOCTRINE THAT PERMITS THE SEARCH, SEIZURE, AND USE OF EVIDENCE OBTAINED WITHOUT A SEARCH WARRANT WHEN SUCH EVIDENCE WAS PLAINLY PERCEPTIBLE IN THE COURSE OF LAWFUL PROCEDURE AND THE POLICE HAD PROBABLE CAUSE TO BELIEVE IT WAS INCRIMINATING SEE ALSO INADVERTENT DISCOVERY COMPARE FRUIT OF THE POISONOUS TREE.

NOTE: Some information in this booklet has been obtained from the Wisconsin Department of Justice Criminal Law Handbook for Wisconsin Law Enforcement and the State of Wisconsin Department of Justice Constitutional Rights Card.

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