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    Police NOT Liable in Drowning Death of Handcuffed Escapee

    Hermann v. City of Louisville, 114 Fed. Appx. 162 (6th Cir. 2004) involved the death of Louis Hermann following his escape from police while handcuffed. Louis was arrested after being disruptive at a free outdoor concert in Louisville’s City Park, which is adjacent to the Ohio River. Louis had been acting up at the concert and was asked by an officer ...
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    Municipal Insurance Pool Not Liable:Robbery and Murder by Police Trainee

    When a police employee acts outside the scope of their employment for purely personal purposes the employer and its insurer will not be liable. A case from the Court of Appeals of Georgia, 2nd Division, decided on April 21st provides an example of the ultimate bad case. Georgia Interlocal Risk Management Agency v. Godfrey, 2005 Ga. App. LEXIS 413 (GA. Ct. ...
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    Major Lesson Plan: United States Supreme Court Update 2

    Target Audience: Law Enforcement personnel who may be faced with decisions that are impacted by the law from the United States Supreme Court. Objective: Provide officers with training on new legal standards announced by the United States Supreme Court. Format: Roll-call/ supervisory training. Time: Five to ten minutes for each of the hypothetical sections, but this may be expanded where agency ...
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    Helping Survivors Survive the Holidays

    Helping Survivors Survive the Holidays
    Last night I had the privilege of having dinner with two very good friends, who happen to have very important jobs they never wanted: President of Concerns of Police Survivors, Linda Moon Gregory (surviving sister of Officer James Moon), and Director of National Outreach, Jennifer Thacker (surviving spouse of Investigator Brandon Thacker). You see, they never wanted their jobs because you ...
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    Whose Pond Is It Anyway?

    The common phrase used in our mission for protecting our homeland is, "The tragic events of September 11th have made us re-think new ways of defending our homeland." This short phrase is one of many statements that are being made by the government or private training and consulting firms time and time again with the end result being no forward progress ...
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    Sermon on the T-Shirt

    Hello, and welcome to the Chaplain’s Corner. Spring is almost here in the Texas Hill Country. I saw verbenas blooming last week and the bluebonnets are starting to pop. There are tens of thousands of bluebonnets out there. (I stopped counting at 9,458. Not really. ) It’s going to be a really good year for flowers because of all the rain ...
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    Roll-Call Training: Exigent Entry

    **Hypothetical:** An officer sees a man carrying an open alcoholic beverage on a public street. Public drinking is an offense in the jurisdiction and carries a penalty of a one hundred dollar fine. When the man sees the officer he runs down the street and into a house. +Question:+ Can the officer pursue the man into the house under the exigent ...
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    Twenty-One Feet Rule

    Much has been said about the Tueller drill which addressed the reactionary gap and how a subject could succeed from a distance of 21 feet when assaulting an officer. The reality is that a person attacking an officer can cover 21 feet in less time than the officer could draw and fire two aimed rounds from a holstered weapon. It is ...
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    The Best and The Bravest

    Welcome to the June 2009 Edition of the Chaplain’s Corner. This is one of those months when the words just don’t seem to jump out of my fingers. I’m writing my June column just days after the conclusion of Police Week and just days before I have throat surgery to regain my voice. (Everyone seems to delight in telling me how ...
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    Made in America

    Made in America
    American law enforcement is seeing a whole new phenomenon erupt in the drug enforcement business. Over the past several years the explosion of clandestine methamphetamine labs has forced us into a whole new way of thinking and the way we do our jobs. Drug enforcement in general has adapted over the years to keep up with those involved in the drug ...
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    Domestic Disturbance Response: 10 Tips for Winning at these Volatile Calls

    Domestic Disturbance Response: 10 Tips for Winning at these Volatile Calls
    Around ten years ago, as a patrol division deputy sheriff with the Santa Fe County Sheriff's Department in Santa Fe, New Mexico, I walked up some porch stairs to knock on the door of a mobile home. Suddenly, I was tackled on the front porch by a 175-pound sheet rock hanger who was annoyed that I responded to the repeat domestic ...
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    Over Prepared Interviews: Interrogator Paralysis

    Law Enforcement Interview & Interrogation articles and training There is nothing unusual at all about any investigative interviewer preparing extensively for an upcoming interview. There is really no situation that I can think of that I had too much information on hand when I went into the [interrogation] room. The danger may be however that we can become too obsessed with ...
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    Use of Flash-Bang May Constitute Excessive Force

    In Boyd v. Benton County; City of Corvallis et al. 374 F.3d 773 (9th Cir. 2004), the United States Court of Appeal for the 9th Circuit held that the use of a flash-bang while executing a warrant may constitute excessive force under the 4th Amendment. The court then granted the involved officers qualified immunity because the law was not clearly established ...
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    Statute of Limitation Thwarts Sex-Abuse Claim

    A former parochial school student who was sexually abused by a teacher cannot proceed with a lawsuit because a Nebraska state statute prevents the filing of claims after a specific time period. The Eighth Circuit Court of Appeals recently ruled that, although there was enough evidence to find that T. Mark Kraft was sexually abused by teacher Arlen Meyer in the ...
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    Police NOT Liable in Drowning Death of Handcuffed Escapee

    Hermann v. City of Louisville, 114 Fed. Appx. 162 (6th Cir. 2004) involved the death of Louis Hermann following his escape from police while handcuffed. Louis was arrested after being disruptive at a free outdoor concert in Louisville’s City Park, which is adjacent to the Ohio River. Louis had been acting up at the concert and was asked by an officer ...
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    The Ticket – Part 2

    Hi, and welcome to the… well, I started to say “Back to School Edition,” but I guess most everyone starts back to school in August anymore. Gee…it’s been six years since I wrote “Can Anything Good Come Out of Baylor?” Well, on the 15th of August something good did…we got to watch our daughter receive her PhD diploma! Elisabeth once wrote ...
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    A Date with Destiny - Part I

    Once Upon a Time in America: Picture yourself attending a lecture in an auditorium of a local College, where you are taking classes to complete your master’s degree. You are an off duty police officer seated in the audience listening to a presentation on community policing by a highly esteemed professor, when suddenly a heavily armed man dressed in black bursts ...
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    Deadly Force to Prevent the Escape of a Violent Felon

    Most discussions on law enforcement's use of deadly force focuses on those circumstances where an officer is faced with an imminent threat of serious bodily harm or death to him or herself or some third party who is present at the scene of some law enforcement event. Little time is usually spent on discussing when an officer may use deadly force ...
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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 ...
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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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