A Primer on the Handbook of Georgia Law Enforcement
The Georgia Law Enforcement Handbook, in glossary format, is a comprehensive compilation of memoranda, proposals, opinions, and solutions to operational problems affecting Georgia law enforcement. The original version of this expansive project, consisting of 739 pages, was published by the Georgia Emergency Management Agency (GEMA) in 1998, with the support of the Georgia Association of Chiefs of Police (GACP)-the organization now providing continual oversight of the Handbook. This original handbook was prepared and written by over 300 Maryland law enforcement professionals on behalf of GEMA and the GACP.
The Handbook offers clear and concise guidelines for uniform application of state laws and statewide policies concerning law enforcement operations. It is envisioned as a permanent resource tool that will be updated and refined for its effective use by the Georgia Commission on Peace Officers Standards and Training (P.O.S.T.) , local law enforcement agencies, the judiciary, and the bar. The Handbook acts, in part, as an educational and training guide for law enforcement officers, with the intent to increase the clarity and accuracy of Georgia-specific information disseminated to those who require and utilize it on a daily basis. This Handbook is not considered a substitute or replacement for P.O.S.T.-approved law enforcement training, but instead used in conjunction with such training.
Topics and Content
The Georgia Law Enforcement Handbook is a compendium of state law, case law, and legal commentary that covers a broad range of topics relevant to law enforcement work in Georgia. Among the areas of law addressed in the Handbook are Search and Seizure, Arrest, Excessive Force, Confessions, Immunities, and more. As the Georgia Supreme Court once acknowledged, it is a book that is used "as a source book of law for the working lawyer and, to a greater degree, the trial bench and law enforcement officers."
For example, the Georgia Evidence Handbook (2012-1 ed.) lays out the foundational legal principles of state evidentiary law in Georgia. It covers the laws governing expert testimony, hearsay, authentication, and offers other useful insights into evidentiary issues that commonly arise in civil and criminal cases. In the area of Sexual Offenses, the Handbook provides detailed commentary on Georgia’s rape, sodomy, and child sex crime statutes, along with civil immunity provisions for accused individuals.
Another important section, Civil Actions, covers cases concerning law enforcement and police conduct. It addresses the immunity of law enforcement officers from personal liability, qualified immunity, municipal liability, and other issues as to which an officer may not be personally liable.
Some parts of the Handbook are also written directly for police officers, and it is a useful tool for law enforcement training. Portions of the Handbook, such as Search and Seizure (2015-1 Supp.) are also specific to law enforcement and contain extremely helpful information on police procedure, technology, stop and frisk, consent, and search warrants.
The Georgia Law Enforcement Handbook is published by the Law Communications Group, a for profit corporation dedicated to publishing quality legal reference materials for law enforcement, members of the judicial system, and lawyers.
Procedures and Processes
As part of the Georgia Law Enforcement Handbook, legal procedures and protocols are a fundamental component to law enforcement in Georgia. The handbook offers succinct commentary on the Georgia cases and statutes that govern the different areas of procedures and protocols. Some of the most common procedures and protocols include:
Police Encounters with Citizens. While police officers are not required to inform citizens of their constitutional rights until at the point of arrest, it is common practice and sound police work to do so. Officers are encouraged to approach police encounters with candor and transparency so that, as the courts have stated, there is an informed and voluntary waiver if it comes to that point. For example, in Tellis v. State, 145 Ga. App. 145, 243 S.E.2d 309 (1978), the court found that a defendant was not in custody, and was free to leave when police came to his apartment until the point in time that the police arrested him.
Traffic Stops. First and foremost, the Georgia Law Enforcement Handbook makes clear that when conducting a traffic stop, police officers should remain in or return to their patrol cars and at a safe distance, if at all possible. The courts encourage this common-sense approach and offer the following startling data, "Nationally, 36% of all officers killed (and many others wounded) were as a result of being intentionally ambushed." In fact, according to the FBI’s 1992 report "Violence Against Law Enforcement Officers," 30% of the 256 officers killed in 1990 were shot in ambush situations. Therefore, before approaching a car, officers are to be aware of suspicious movements, such as a reaching for something under the seat, and should keep an eye on the recruited seat for a firearm. Officers are also reminded that if they notice unusual behavior – e.g., the driver and passenger exchange furtive movements – that this is a legitimate reason to develop reasonable suspicion.
Vehicle Searches. Vehicle searches can be tricky under the Fourth Amendment but can also be easily executed under the right circumstances. As an example, officers are instructed to be on the lookout for a secondary location where probable cause is more easily established. For example, officers with K-9 dogs should always ask drivers for permission to conduct a search of the vehicle as they are walking the dog around the vehicle – the actions of the officer provide consent to the driver. Due to the subjective nature of consent, the actions of the officer are the objective "consent to search" sought by the courts. If the K-9 alerts, the officers have probable cause to search the vehicle. If there is an issue with the K-9 (which there was not in the aforementioned case), then the officer must use their observation regarding suspicious actions of the driver and passenger to push pass the "subjective consent to search."
Vehicle Stops Based on Past Actions/Criminal History. While it is illegal to stop someone due to their race, sex, or religion, officers are permitted to stop a vehicle if they know that the driver has a suspended license or if they see an expired tag. The courts have found that officers are not required to turn a blind eye to the violations nor are they required to give citations to all vehicles. Police Officers are to exercise "reasonable discretion" and "good old-fashioned polite human kindness." As a result, the Courts have held that citizens do not have a 4th Amendment right to require police officers to ignore a violation that they may observe. The US Supreme Court long held that the citizen is obligated to follow laws, and police officers are obligated to enforce those laws. See Atwater v. Lago Vista, 532 U.S. 318, 354, 121 S. Ct. 1255 (2001).
Instruction and Application
Law enforcement agencies throughout the state of Georgia heavily rely on the handbook for training new recruits and ensuring that their officers and employees are in compliance with state standards and regulations. By implementing protocols and guidelines found within the handbook’s pages, law enforcement agencies are able to promote good public order and safety in a multitude of environments.
To ensure officers and employees adhere to the handbook, law enforcement agencies make it readily available to all personnel. The handbook can be referenced when a situation arises that requires an employee to make a judgment call. Oftentimes, it requires context and information not readily available on the scene.
In addition, agencies will establish a mechanism to review any incidents and whether there is protocol outlined in the handbook that should have been followed. If best practices were not employed, an agency can utilize this information to advocate for additional training in certain areas of law enforcement.
The pliability of the handbook makes it an invaluable resource for guiding law enforcement agencies and ensuring proper conduct by those tasked with enforcing the law.
Latest Modifications and Amendments
In recent months, the Georgia Law Enforcement Handbook has undergone several updates and revisions to reflect new laws, policies, and best practices affecting law enforcement across the state. Among these changes is the passage of HB 311, which amends the conditions under which a vehicle may be searched or seized, providing necessary clarity for law enforcement officers. Another update comes from the implementation of Officer-Involved Critical Incident (OICI) protocols and policies. These new guidelines will provide a consistent approach for responding to and investigating officer-involved incidents across Georgia , with specific emphasis on the preservation of evidence and rights of all involved. Additionally, changes have been made to policy and training procedures related to community policing, "use of force", "use of less lethal weapons", and the handling of mental health crisis situations. As law enforcement agencies continue to innovate and develop in response to technological advancements and societal needs, the Law Enforcement Handbook will adapt and be updated. The Department of Law Enforcement will work diligently to ensure that all officers statewide have access to the latest information regarding laws, policies, and training.
Effects on Policing and Oversight
The Georgia Law Enforcement Handbook has a wide-ranging impact on the operations of law enforcement agencies across the state. By providing officers with a substantive legal treatise that they can reference in the field, the handbook helps to ensure their compliance with the law and promotes equal treatment under the law for all citizens.
The handbook has been a great benefit to law enforcement agencies in Georgia, both large and small, in terms of streamlining operations and improving efficiency. It promotes consistency in the legal approach to policing, which is especially essential in modern policing, given the expansion of data analytics and other technology.
The handbook has been praised for its clarity and accessibility. The format of the handbook, which is organized into clearly named sections and topics, is ideal for quickly referencing the material that an officer needs to make an informed decision. In an environment where law enforcement is often required to make split-second decisions, this is an invaluable resource.
Moreover, the absence of case citations in the handbook is purposefully designed to ensure that officers apply the law rather than entangling themselves in circuit by circuit differences in case law. In a state like Georgia that is comprised of many different circuits and jurisdictions, this is a crucial aspect of the handbook that helps to reduce inconsistencies in how the law is applied across the state.
While the handbook has improved the consistency and quality of law enforcement in Georgia, it has also been received differently in different communities. In more conservative communities, the handbook is viewed as a solid foundation for law enforcement, whereas in more progressive communities, some officers have voiced opinions that the handbook does not go far enough in protecting civil rights.
This difference in reception is not a condemnation of the handbook. Nothing is inherently more or less "progressive" than other styles or practices of policing; just as no technology or analytics product is more or less data-driven than any other. Ultimately, this particular difference in perception of the handbook speaks to the fact that members of the law enforcement community are intensely aware that they serve a diverse community, and that they must be adaptable to ever-evolving circumstances. Familiarity with the law through the use of the handbook only heightens this awareness.
Upcoming Changes
Additional updates to the Georgia Law Enforcement Handbook are an inevitability of this legal era of evolving case law and jurisprudence. These changes affect the practices of Georgia Law Enforcement professionals. While the book is a reference point and a good primer on topics included, it is not the final word for every circumstance. It is simply a starting point. As such, further editions of The Georgia Law Enforcement Handbook will be released. Additionally , a supplement with case law updates will be released on a more frequent basis, with a reminder sent out to all who have purchased a copy of the book to make them aware of the update. Relevant cases will be updated and analyzed. As always, the chapters on Search and Seizure and Arrest Law will be excerpted into a separate downloadable PDF that can be accessed without having to download the entire book.