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    Procedural Time Limits In Administrative Investigations - Absolutes

    When you are involved with public employee disciplinary matters and have procedural time limits imposed on your case, failing to meet those time limits will normally result in losing the ability to discipline the employee regardless what the misconduct may be. In essence these limits are essentially a statute of limitations, in other words, bring your discipline within the allotted time ...
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    Combating Team Fatigue

    Intro Over the past few months, I've traveled a lot to and from Asia. US C-SOG is doing a lot of training in the Southeast Asia sphere of operations, and my trainers have commented about the challenge of providing tough, realistic, and safe training even as they are themselves worn out. I don't have to tell you that in its best ...
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    Pepper Spray

    Over the last decade police agencies have turned to the use of pepper-spray as an alternative on their use of force options list. While pepper-spray seems to have significantly reduced injuries to suspects caused by impact weapons, pepper-spray has not been litigation-free. A high-profile case from the 9th Circuit Court of Appeals established that the use of pepper-spray against passively resistant ...
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    Hidden Compartment in Motor Vehicle Can Provide Probable Cause for Search

    United States v. Concepcion-Ledesma, 447 F.3d 1307 (10th Cir. 2006) Just the Facts… On May 16, 2006 the 10th Circuit Court of Appeals, in the above case, held that the presence of a hidden compartment in vehicle, taken with the totality of the circumstances, provides probable cause for a warrantless search. In this case, a Kansas State Trooper observed a group ...
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    Major Lesson Plan: Pursuit Judgment

    Target Audience: Law Enforcement personnel who may be faced with pursuit decisions. Objective: Provide officers with training on judgment/decision making ability with respect to pursuits. Format: Roll-call/ supervisory training. Time: Five to ten minutes, but this may be expanded where agency resources allow Materials: Law Enforcement Risk Management Legal Update, March 2004; Department Pursuit Policy Hypothetical presented: Officers observe a speeding ...
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    Tasered Spectator Has Potential Case of Excessive Force and Unlawful Arrest

    Following a day of watching races at the Gateway International Raceway, Christopher DeSalvo was watching guests of the Holiday Inn do “burnouts” with their vehicles in the rear lot of the hotel. Approximately 100-150 guests were gathered for the show. The gathering and the vehicle “burnouts” prompted the response of the police. Officer Krug, upon responding a second time to the ...
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    The Forgotten Piece of Equipment: Handcuffs

    Many of us in law enforcement remember to maintain our firearms. As a firearms instructor, I'm part of that group of trainers that has hammered the message home. Unfortunately, few remember to check our less glamorous piece of equipment: our handcuffs. Most veteran officer's handcuff maintenance practices are a far cry from those early days in the police academy when the ...
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    Shooting At Non-Threatening Fleeing Vehicle May Violate 4th Amendment

    In Flores v. City of Palacios and Officer Kalina, 381 F.3d 391 (5th Cir. 2004), the United States Court of Appeal for the 5th Circuit considered a case where an officer shot at a vehicle that refused to stop upon his command. Officer Kalina was on patrol when he shined his spotlight toward a vehicle that was parked on the wrong ...
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    I Have Heroes - They Are Called Dispatchers

    I Have Heroes - They Are Called Dispatchers
    Many moons ago at the ripe old age of 19 I began my law enforcement career. I was still too young to become an officer so I became a dispatcher while I waited to go to the police academy. I figured I'd do the "easy" job of dispatching before becoming a cop and doing real police work. It sure didn't take ...
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    Canine Sniff of Parked Vehicle Upheld

    Parking Lot Search Valid Under 4th Amendment On April 20th 2004, the Court of Appeals, 1st District of Indiana upheld the use of canines to conduct general exterior inspections of vehicles parked in a high school parking lot. Myers v. State of Indiana, 806 N.E.2d 350 (IN. Ct. App. 1st Dist. 2004). After the Scott County School Board authorized the use ...
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    Training Tips!

    From the CPCA Quarterly 1. Get the dog to bond with you. All future training depends on this. 2. Never chastise or scold him unnecessarily. Only immediately after an accident. Never, if you are not sure the dog understood perfectly what was wanted of him. Deliberate disobedience must be instantly dealt with. 3. Remember a dog cannot ask questions, neither can ...
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    The Gospel According to the Kelly Blue Book

    Hi, and welcome once again to the August edition of the Chaplain’s Corner. Here it is almost football season again and, as I write, the last rain we had has long since evaporated. It’s gittin’ mighty dusty out there on those unpaved county roads – not a lot of point in washing the patrol car when you raise a dust cloud ...
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    The Death Notification

    Got your attention, didn’t I? Greetings from the Bluebonnet Capital of Texas and welcome to this edition of the Chaplain’s Corner. Okay, Okay…Llano is “officially” the Deer Capital of Texas, but we’ve got so many bluebonnets up and blooming already this year it could go the other way. Well, on to “business.” This is something that’s been on my heart for ...
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    Drug Enforcement and Holsters

    When I transferred to a countywide Drug Task Force in January 1996 I thought I had considered everything that would be relevant to my new assignment. I was wrong. I went from wearing a full police uniform and gun belt to jeans and T-shirts – in other words plain clothes. I quickly was presented the issue of how was I going ...
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    Leptospirosis - A Threat to the Police Working Dog? - Bob Wright

    A Serious Threat to Working Dogs? In early 2002 I was contracted to train a number of dogs for a high end Security Company to work in a closed and controlled research environment. The new and interesting part was the very strict medical screening and various quarantines had to be complete. Over the years I thought I had developed a great ...
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    Probable Cause and Objective Reasonableness U.S. Supreme Court

    In Devenpeck v. Alford, 543 U.S.___, 2004 U.S. LEXIS 8272 (2004), the United States Supreme Court examined a case where officers, with probable cause to arrest a subject, Jerome Alford for impersonating a police officer, instead arrested him for tape recording the officers during the investigatory stop. A previous court decision held that it was not illegal to tape police officers ...
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    The Significance of Identifying Precipitators during a Criminal Investigation

    Over the years we have been consulted on cases in which an investigator was absolutely convinced that a particular suspect was lying when, in fact, the person was telling the truth. In other instances guilty suspects were able to get through an interview without having their lies detected. Behavior symptom analysis is certainly not 100% accurate. However, if proper techniques are ...
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    Hostages and Agency Liability - Part 2

    Negotiators may also become the focal point of attack following the death of a barricaded subject. A person suing the negotiator will make the argument that the negotiator violated generally accepted practices of negotiation and that this violation created the situation which required the use of deadly force. Gammon v. Blakeley and the Euclid Police Department,i provides an example of an ...
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    Crime Scenes: Stopping the Evidence Eradication Gremlins

    I remember years ago standing guard on a crime scene and hearing detectives lament that the "evidence eradication gremlins have been here." They were referring to first responders. Firefighters and EMS personnel handling emergency medical response to a patient (no offense to them as they are doing a necessary job) have particularly been long joked about in police circles as being ...
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    United States Court of Appeal for 6th Circuit Upholds Discrimination Award in Transsexual Promotion Case

    Philip, now Philiecia, Barnes a member of the Cincinnati Police Department filed a lawsuit alleging, among other things, sex discrimination after he failed to pass the probationary period following his promotion to sergeant. In 1999, Phillip Barnes was living as a pre-operative male to female transsexual. When Barnes worked as a police officer during the day, he lived as a male, ...
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