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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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    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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    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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    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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    Two Rulings Related to School Detention: (1) Detention w/o Notification & (2) Detention by SRO

    Detention w/o Notification OK In the first case, Wofford v. Evans, 390 F.3d 318, (4th Circuit 2004), school officials twice detained a 10-year old after her classmates told their teacher that the girl, M.D., had brought a gun to school. Students at Colonial Elementary School in Botetourt County, Va., reported to their teacher that they had seen M.D. in possession of ...
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    The Scanner

    Hello, and welcome back to the Chaplain’s Corner. July 2011… only 16 more months! I only hope this country lasts that long. I have to wonder: “What part of ‘NO’ don’t Senators understand?” And of course, too, when you read the headlines on Drudge, you keep seeing things proposed and pending that are straight out of the Book of Revelation. But ...
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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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    The First Layer: Policy Establishing Departmental Standards of Performance

    In the previous article titled: "Focus on Liability Reduction and Better Performance" we described the Six Layered Liability Protection Process which requires absolute attention to the development of policies based on the principle of "foreseeability" for the performance of certain tasks, the training in the necessary skills and critical policies, quality supervision, corrective action and remediation, constant review and necessary revision, ...
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    Containment Techniques For Patrol

    On a cold winters night early last year I was on routine patrol and observed a car leave from the rear of a commercial property shortly after midnight. It was obvious they were in a hurry. I pulled into the rear of the property and noted that it had been burglarized. I immediately pulled out onto the roadway in pursuit of ...
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    Selecting the Proper Issue in a Child Physical Abuse Investigation

    The nature of most crimes involve a central criminal behavior such as stealing money, starting a fire, selling drugs or having sexual contact with another person. Under these circumstances, the focus of the interview will specifically address the criminal behavior, e.g., "Did you steal that $2000?", "Did you start the warehouse fire?" However, when investigating physical abuse to a child, the ...
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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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    Doing the right thing and being treated "wrong"

    Sometimes law enforcement officers who are suffering from police stress avoid seeking counseling, often for good reason (see my article "The Ugly Shrink"). But sometimes stress builds up to a point where they have an episode either of depression or panic that is so disturbing or so blatant that they reluctantly see a therapist. Often spouses convince their partners to get ...
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    Part 1: And Let There Be Light...

    Why is it that most law enforcement professionals will go out and spend hundreds of dollars on a new handgun, the latest tactical apparel, equipment and footwear because it looks good, but skimp when it comes to purchasing a quality flashlight? Before I continue, let me tell you a little bit about myself. I'm the average patrol officer (grunt) with about ...
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    Supreme Court-Violation of Miranda does not Violate 5th Amendment but may Violate Due Process

    In a decision dated May 27, 2003, the United States Supreme Court held that interrogation undertaken and continued in violation of Miranda, does not give rise to a civil lawsuit based on a violation of the Fifth Amendment in cases where the police never attempt to introduce the statement in a criminal trial. Chavez v. Martinez, 538 U.S. ___, slip op. ...
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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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    Failure of Supervisory Involvement in Pursuit Contributes to Liability

    Clark v. South Carolina Department of Public Safety, 2002 S.C. App. LEXIS ( S.C. Ct.App. 2002), involved a police pursuit conducted by the South Carolina Highway Patrol. Trooper Greg Bradley observed a van operating at 57 mph in a 45 mph zone. He attempted to pull the van over but the van took off. At one point the van stopped in ...
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    United States Supreme CourtSummary of Law Enforcement Cases 2004-2005 Term

    United States Supreme Court Summary of Law Enforcement Cases 2004-2005 Term Each term, the United States Supreme Court decides cases having a direct impact on various aspects of law enforcement operations. During the 2004-2005 term, the Court decided 5 such cases touching on day to day operations in law enforcement. These cases have been detailed in the legal update as they ...
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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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    Victim Intervention Techniques

    M. Silbert (1976) has described a ten-point checklist of techniques for officers to use in field management of victim situations. Frederick (1986) lists twelve intervention responses that are of use to police officers. We have combined and edited these two lists as follows: 1. **Officers should introduce themselves by full name and title.** This is important in any police encounter with ...
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