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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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    Totally Disabled Parent Seeks Victim Status: Court: Pluto is less remote to us than the Plaintiffs argument

    Stephen Prescott believes that parents may think twice about attending their children’s school events if the law prevents them from successfully suing the school corporation after being injured on school property. The Connecticut Supreme Court recently heard and rejected Prescott’s argument, finding that schools owed students’ parents no special duty of care. Prescott was injured after his son’s Thanksgiving 1998 football ...
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    10 Ways to Stay Alive

    10 Ways to Stay Alive is written exclusively for PoliceLink members by Jerry VanCook, a world famous author, self defense expert, and a law enforcement veteran. VanCook wrote 10 Ways to Stay Alive based on his experiences as a law enforcement officer of 35 years and his expertise as a 7th degree black belt and instructor of Bei-Koku Aibujutsu. Additionally, VanCook ...
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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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    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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    Chaplain's Corner: In The Words of the Song

    Hello, and welcome once again to the November edition of the Chaplain’s Corner. Well, I wanted to wait until after the election to write to you since it was so close to the first of the month. I had hoped to be basking in the glow of a McCain/Palin victory. I’m very sad that the good Governor had to endure what ...
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    The Scariest Duty - Part 2

    Heeeeeeeeeeere’s August! Hey! You came back. Wanted to see what kind of “scary” I could dig up this time, eh? Well, right now knowing that there’s a bunch of folks waiting to see what I’m gonna write makes writing this month a little scary. Ok. Scary. “It was a dark and stormy night…” nah, I won’t go there. I’ll leave that ...
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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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    Not Alone in 2011

    Hello, and welcome to the Chaplain’s Corner. Ready or not, 2011 is here! (I almost wish we could skip 2011 and jump straight to 2012, though.) As I’m wont to do, I’m looking at the new year with mixed emotions. I’m sure events will come into our lives in the next 12 months that will be fond memories years down the ...
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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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    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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    U.S. Supreme Court upholds canine sniffs of vehicles

    Illinois v. Caballes, 543 U.S. ___ (2005) In a 6-2 decision published Jan. 24, the Supreme Court ruled that a dog sniff conducted during a lawful traffic stop that reveals no information other than the location of an unlawful substance does not violate the Fourth Amendment. The case arose from a traffic stop made by Illinois State Trooper Daniel Gillette on ...
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    Advancement: Captain

    h4. Description The captain’s rank is firmly in the executive ranks and oversees entire divisions within the agency. They oversee the lieutenants and report to the major/chief deputy and tend to work administrative day shifts on a Monday through Friday schedule. h4. Testing Requirements Traditional testing is no longer conducted for positions at captain or above. Generally, a positive review of ...
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    Electronic Communications Privacy Act

    2701. Unlawful access to stored communications (a) Offense.— Except as provided in subsection (c) of this section whoever— (1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in ...
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    10 Ways to Minimize Complaints

    10 Ways to Minimize Complaints
    Countless times I have dealt with citizens who came to my office with complaints regarding the conduct of law enforcers in my agency. While many of them turned out to be unfounded after an investigatory look, a few citizen initiated objections are grounded in misunderstanding and even some truth. Giving the angry person a chance to vent certainly helps to alleviate ...
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    Officer Safety: It's Not Just an On-Duty Thing

    So much is written in this and other venues regarding officer safety. It's also a topic that police trainers cover extensively. Even with the popularity of of the officer safety topic, many law enforcers end their officer safety thinking when they're off the clock. As with other tactical issues in law enforcement, planning is the key to successfully accomplishing the public ...
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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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    Major Lesson Plan: TASER® Applications for Learning

    Target Audience: Law Enforcement personnel who may be faced with the task of using an electronic control device Objective: Provide officers with essential knowledge with respect to some of the current issues surrounding electronic control devices 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, ...
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    Four Years Later and Still Holding

    Hey, welcome once again to The Chaplain’s Corner. In my September column four years ago (before I started emailing), I began by talking about what my generation might call “the Glory Days” of the space program – back when everyone in the country was glued to their TV to watch the launches and returns. John Glenn, Alan Sheppard; Mercury, Gemini, and ...
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    Try a Little P.A.S. in Your Interview

    The four step process of Practical Kinesic Interview & Interrogation® is orientation, narration, cross-examination and resolution. After the subject has presented their statement or alibi during the "narration" phase, the interviewer then takes the opportunity to address any incomplete answers or contradictions in the subject's statement as well as obvious conflict between the statement and forensic details. The "cross-examination" technique chosen ...
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