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  • +1

    Once Immunized, Officer Must Tell the Truth

    Two recent cases from the United States Supreme Court make it clear that once a public employee is granted immunity by compelling the employee to respond to questions in an administrative interview, the employee must tell the truth or face exposure to further discipline or criminal charges.i _LaChance v. Erickson_ involved the questioning of federal employees. In each of the cases ...
    Rated +1
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    Garrity: Compulsion as the Triggering Mechanism

    Employees have Rights against Compelled, Incriminating Statements but No Right to _Garrity_ Immunity The right of government employees against self-incrimination requires compulsion as a triggering mechanism for immunity against the use/derivative use of their statements in a criminal prosecution.i As with any statement implicating the Fifth Amendment privilege against self-incrimination, statements must also be incriminating and testimonial. In _Harrison_, the plaintiff, ...
  • +10

    Room Entries and Occupation: Things to Know (Part II)

    Room Entries and Occupation: Things to Know (Part II)
    "*Return to Page 1*":http://policelink.monster.com/training/articles/8388-room-entries-and-occupation h4. Body Position Size up the area around the door before getting there. Getting too close to a door creates extra risk of being detected prematurely. Keep off the wall. As long as the first one approaching the door is focused on it, there is nothing lost being a foot away from the wall. It just means ...
    Rated +10
  • +19

    Room Entries and Occupation: Things to Know

    Room Entries and Occupation: Things to Know
    Room entries, officers do it every day, but how do we train for this common action? It seems so routine, yet like a motor vehicle stop, is far from routine. The common denominators of any room entry is a point of entry to gain access, the other side of the entry point, (the room) which is really an unknown, and ...
    Rated +19
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    360 Degrees of Counter-Measures against Piracy and Terrorist Threats

    The subject of exposure to acts of terrorism and piracy has once again been occupying minds in the SE Asia region with governments anxious to protect the existing levels of commercial traffic and to secure expansion of tourist and leisure sectors connected with the waterways. Two recent conferences, a symposium in Malaysia's capital Kuala Lumpur at the end of May on ...
  • +29

    Deputy's Observations: Spreading Xmas Hijinks

    Deputy's Observations:  Spreading Xmas Hijinks
    From the first moment that you can smell the turkey roasting on Thanksgiving Day until the last of the leftovers are gone after New Years is my favorite time of the year. You might suspect that my interests are tied largely to food and its consumption, and you’d be right. But there is more to it than just the food; the ...
    Rated +29
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    Immunity Granted Under Garrity

    Most grants of immunity occur under the jurisdiction of a court in accordance with a statute. See E.g. 18 U.S.C. 6002. One type of immunity that developed in the context of investigations of public and government employees is that is commonly referred to in the law enforcement setting as a “Garrity” interview. “Garrity” interviews and “Garrity” warnings derive their label from ...
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    Garrity and The Administrative Interview

    The Fifth Amendment provides that no person shall be compelled to give testimony against him or herself. This right against self-incrimination is not absolute. The government has the power to compel a person’s testimony even when that testimony is incriminating. The government must however provide the person so testifying with protection that is similar to the Fifth Amendment privilege. The mechanism ...
  • +1

    Are Off-Duty Incidents Within the Scope of Garrity?

    In accordance with the ruling in Gardner v. Broderick, supra, a police officer may be compelled to answer questions specifically, directly, and narrowly relating to the performance of his official duties as long as he or she has not been required to waive his or her privilege against self-incrimination. This raises the question as to how a department may deal with ...
    Rated +1
  • +97

    Deputy's Observations: Selecting the Right Weapon

    Deputy's Observations: Selecting the Right Weapon
    A few years ago I stayed up late one night to watch a bad Arnold movie on TV. It didn’t finish until midnight. I closed up the house and put the dog out in the garage prior to going to bed. While I was in the garage I heard sounds coming from outside. I could have opened the garage door but ...
    Rated +97
  • +23

    Police Officers Death & Disability Act

    Hey folks, lets support this and get it to become a reality. Copy this and sign it stating your support for it and fax it to ALL of your US Congressmen, US Senators, LE Agencies, FOP's and Police h4. Police Officers Death and Disability Act As Americans of the United States, we pride ourselves on the fact that we are a ...
    Rated +23
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    Civilian Review Boards and Garrity

    Civilian Review Boards and Garrity
    As civilian oversight of police has become more common-place, the issue has arisen as to whether a civilian review board can compel statements from officers. The Court of Appeals of Colorado, ruled recently that a civilian review board could not compel an officer’s statement regarding the use of excessive force.i Denver v. Powell involved two use of force incidents. In the ...
  • +36

    Ten Tips For Dealing with the Opposite Sex

    Ten Tips For Dealing with the Opposite Sex
    It’s been the age-old question: how do you deal with the opposite sex. In today’s litigation-laden law enforcement environment, law enforcement professionals struggle to answer that question as they discharge their duties. This column details steps that you can take to ensure your tactical and legal survival. While false allegations can come from same sex police contacts, particularly with juveniles, complaints ...
    Rated +36
  • +13

    Surviving Your Prisoner Transport

    Surviving Your Prisoner Transport
    In the wake of the recent Broward County Sheriff’s Office’s transportation deputy’s death here in Florida, I thought an article on transportation mandates would be in order. For some, these bullet points will be an eye opener. For others, they may serve as reminders of things told to you by your academy instructors and your field training officer (FTO). Many of ...
    Rated +13
  • +10

    Officers Granted Immunity Under Garrity Ruling

    Officers Granted Immunity Under Garrity Ruling
    Most grants of immunity occur under the jurisdiction of a court in accordance with a statute. See E.g. 18 U.S.C. 6002. One type of immunity that developed in the context of investigations of public and government employees is that is commonly referred to in the law enforcement setting as a “Garrity” interview. “Garrity” interviews and “Garrity” warnings derive their label from ...
    Rated +10
  • +30

    Deputy's Observations: Size Does Matter

    Deputy's Observations: Size Does Matter
    I know that size does matter because an attractive waitress once told me so. At the time I think that we were talking about the size of the dinner plate that my meal was being served on, but I’m not sure. I do suspect that she was not talking about a peace officer trying to conceal a pistol under their clothing. ...
    Rated +30
  • +14

    Deputy's Observations: Defining "Tactical" and Other Terms

    Deputy's Observations: Defining  "Tactical" and Other Terms
    About 20 years ago everyone who marketed items for sale to law enforcement officers began calling their items "tactical." Everything from boots and key chains to holsters and uniforms became known as "tactical gear." I was confused, but I’m confused a lot. Did I have to replace every piece of equipment and uniform item that I owned and purchase new "tactical" ...
    Rated +14
  • +15

    Deputy's Observations: How to Carry your Concealed Weapon

    Deputy's Observations:  How to Carry your Concealed Weapon
    In my last article we discussed choosing the right weapon for concealed carry, and that we should make that decision based on a worst-case scenario: If you are alone and confronted with an active shooter, or shooters, in a crowded environment you want to be prepared. Now we will address the method of carry. I break this down into two groups: ...
    Rated +15
  • +17

    So You Want To be A SWAT Operator, Huh?

    So You Want To be A SWAT Operator, Huh?
    Many individuals can put together an article about theories and research from their respective fields of training and tactical experiences. Many can also quote statements from books that have been written from many of the so called modern day warriors in years past. However, looking at today’s modern times and current threats to society, for a law enforcement officer looking to ...
    Rated +17
  • +47

    Deputy's Observations: The First Rule of Gunfighting

    Deputy's Observations: The First Rule of Gunfighting
    The first rule of surviving a gunfight is to have a gun to fight with. As we discussed in the previous article that means not only having a weapon, but also having it accessible to you when you need it. That does not mean under the seat of your car or inside of a briefcase. It means where you can put ...
    Rated +47
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