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    Renewed Challenges Based on Miranda

    Over the past couple of years courts have seen a renewed number of claims based upon allegations related to violations of the 5th Amendment self-incrimination clause as well as violations of the rule announced in Miranda v. Arizona, 384 U.S. 436 (1966). Two cases decided on June 28th 2004 provide some guidance for law enforcement agencies with respect to the reaches ...
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    Bible Study Time

    Hi and welcome once again to the Chaplain’s Corner. I’ve had this idea keep coming back and coming back, so I guess I should pursue it. It isn’t often (and it has been a while) since I did something akin to a straight-up Bible study in the column. What I’d like to look at this time is a passage from the ...
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    Advancement: Lieutenant

    h4. Description Lieutenants are junior level executives in the administration of a law enforcement agency. They are often perceived as being groomed for higher slots. They are responsible for multiple sergeants or first line supervision personnel in a section of the agency and report to a captain. h4. Testing Requirements Written Exam, Oral Interview, Assessment Center, Department Merit and Seniority Similar ...
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    Police Officer Suicide Prevention

    h4. Officers kill themselves at higher rate than general population The seasonal spike in suicides during the Christmas/New Years holiday period is no secret to veteran law enforcement officers. What may come as a surprise is the high number of officers that, to use the old phrase, "eat their gun." The recent suicides of two New Orleans Police officers during the ...
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    Autism and Law Enforcement

    Autism and Law Enforcement produced by Dennis Debbaudt and directed by Dave Legacy, April 2004. The video Autism and Law Enforcement provides a quick and engaging education in autism that can help increase safety for both officers and individuals with autism, as well as minimize the potential for litigation that could occur as a result of a misunderstanding. Interviews and vignettes ...
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    Getting Broken in on the Job

    I arrived at C.O.P.S. Spouses’ Retreat the weekend of September 18-21, 2009, at the YMCA Trout Lodge in Potosi, Missouri, after only one month as the Marketing Coordinator for Concerns of Police Survivors. I knew the organization dealt with death, dying, and grief; yet I was not prepared for what I saw. I was instantly introduced to a young widow who ...
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    Advancement: Police Chief / Sheriff

    h4. Description The chief or sheriff is the top, most visible member of the agency. He or she is the face of the agency and deals with a multitude of constituencies both within and without the organization. They need to be adept at dealing with the media, politicians, members of the community, and their own troops. h4. Testing Requirements +Police Chief+: ...
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    Helpful Hints: Myths & Facts During a Disaster

    **MYTH** People will panic. People are unable to cope. Local organizations are overwhelmed and unable to perform effectively. Antisocial behavior (that is, looting) is commonplace. Community morale is low in stricken areas. Firm measures are needed to prevent personal and social chaos. **FACT** They do not panic. In fact, getting them to evacuate is a bigger problem. People react in an ...
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    The Rookie

    Hello, and welcome once again to the Chaplain’s Corner. I thought I’d share one of my “vintage” Christmas columns from previous years with you. This one is from 2001: It seems strange, I guess… as I pondered and pondered a Christmas message, the phrase “walking the beat” kept coming to mind. Way back in the early days of police work, before ...
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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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    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 ...
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    Quoting Statements in an Open Account: Truthful or Deceptive?

    During most interviews the investigator should develop an open, or narrative account from the subject. It is called an open account because the investigator’s question encourages the subject to relate everything relative to the area of inquiry and once the subject starts talking, the investigator does not interrupt the account. Examples of questions that elicit an open account include, “Mary tell ...
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    Defensive Demeanor Profile

    All our individual behaviors are learned through the trial and error process from our life experiences. If a behavior is successful during a stress period, it’s likely it will be used again. If it fails, we adapt our behaviors to overcome the failed attempt to relieve stress. This unique cluster of stress response is what we call the “Defensive Demeanor Profile” ...
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    Witnesses: A critical element in administrative investigations

    When your law enforcement agency conducts an administrative investigation you usually have a complainant and your agency employee. Frequently, the complainant has a witness or two. Your employee often has other agency employees, such as a partner or back-up officer, supervisor and the dispatcher. Other witnesses with little or no allegiance to either the complainant or employee are commonly referred to ...
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    Renewed Challenges Based on Miranda

    Over the past couple of years courts have seen a renewed number of claims based upon allegations related to violations of the 5th Amendment self-incrimination clause as well as violations of the rule announced in Miranda v. Arizona, 384 U.S. 436 (1966). Two cases decided on June 28th 2004 provide some guidance for law enforcement agencies with respect to the reaches ...
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    United States Supreme Court: Scott v. Harris (Ramming During High Speed Pursuit)

    On Monday February 26, 2007 the United States Supreme Court heard oral argument in Scott v. Harris, a case stemming from a high-speed pursuit in Coweta County Georgia. Harris, the motorist was speeding through Coweta County which drew the attention of law enforcement. Officers attempted to stop Harris, at which point he fled at high-speed. Deputy Scott of the Coweta County ...
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    State Level Training Commissions

    "Alabama Peace Officers Standards and Training Commission":http://www.apostc.state.al.us/ "Alaska Police Standards Council":http://www.dps.state.ak.us/apsc/asp/ "Arizona Peace Officer Standards and Training Board":http://www.azpost.state.az.us/ "Arkansas Commission on Law Enforcement Standards and Training":http://www.clest.org/aleta_home.html "California Peace Officer Standards and Training Commission":http://www.post.ca.gov/ "Colorado Peace Officer Standards and Training Board":http://www.ago.state.co.us/post_board.cfm?MenuPage=True "Connecticut Police Officer Standards and Training Council":http://www.ct.gov/post/ "District of Columbia Peace Officer Standards and Training Board":http://mpdc.dc.gov/mpdc/cwp/view,a,1232,q,541040,mpdcNav_GID,1523,mpdcNav,%7C31417%7C.asp "Federal Law Enforcement Training Center":http://www.fletc.gov/ ...
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    Major Lesson Plan - Doctrine Seizure

    Target Audience: Law Enforcement personnel who may be faced with the task of plain view doctrine seizure Objective: Provide officers with essential knowledge of the law relating to plain view 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 and any agency policy relating to ...
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    Drunk Tank Suicide May Lead to Liability

    Coleman v. Parkman, St. Francis County Sheriff, No. 03-1611 (8th Cir. 2003). In November of 1999, Captain Leary of the St. Francis County Sheriff’s office began investigating Billy Coleman regarding his involvement in the commission of several misdemeanors. While interviewing witnesses, Leary was allegedly told that Coleman was “mental,” “a risk to himself and others,” and “would kill himself if jailed.” ...
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    Roll-Call Training

    Body: Hypothetical: Officer Courtney observes a subject, Mr. Eubanks, who he has reasonable suspicion, (but not probable cause), to believe has been involved in the shoplifting of a can of beer. Officer Courtney stops Eubanks. Question: Can Officer Courtney constitutionally conduct a frisk of Eubanks, for officer safety, prior to questioning him? Answer: No, not under the facts provided. Shoplifters are ...
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