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    Not if, But When

    “Not if, but when.” A statement meant as a warning, it is one that even my mother would use to inform me of my impending doom for some scholastic or social infraction. “When, not if, I decide your punishment, you’re going to wish that you had behaved like an angel.” It sent a shiver up my spine then, and the thought ...
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    Unreasonable Frisk May Lead to Liability

    In Terry v. Ohio, 392 U.S. 1 (1968), the United States Supreme Court authorized police officers to stop and detain individuals where the officer had reasonable suspicion (some facts and circumstance but less than probable cause) to believe that the person to be stopped was involved in criminal activity. Officers were authorized to use force, short of deadly force to accomplish ...
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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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    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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    Technological Over-Reliance, the Foundation of Leveraging the Basics

    As a society, we live in a technology advanced era. Nearly everything is faster that it was two decades ago. Everywhere one turns there is a faster alternative to what was "New to the market" just last year. Even those of us in law enforcement are inundated with technological advancements. On board computer systems, advanced radio systems, global positioning systems, and ...
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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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    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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    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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    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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    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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    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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    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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    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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    I stopped another officer for drunk driving

    No other police stress "Ask the Shrink" column that I wrote for Patrol Log Magazine(Sept., 1993) generated as much controversy and antagonism as this one. It is still relevant five years later. Unfortunately little has changed in the way many departments handle alcohol abuse and/or alcohol dependence with their officers when they run afoul of the law themselves. Police aren't imune ...
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    Tasers® and the Use of Force

    One of the more significant current issues in law enforcement’s use of force is the Taser® and its use. While many of the criticisms are focusing on cases where an officer uses a Taser® and the subject later dies, the more prominent cases are those where officers mistake their firearm for their Taser® and end up shooting the subject. Training from ...
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    Behavioral Aspects of Crowd and Riot Control

    Having described the types of behaviors and techniques associated with riot behavior, both group and individual, it is now important to discuss those techniques that law enforcement must employ if it is to successfully contain and control this behavior. Like the individual and group activities that are a part of riot behavior, riot control involves actions both by the individual police ...
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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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    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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    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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    The Need for IA/OPS Audits

    Legal and Liability Risk Management Institute Public Agency Training Council Generally law enforcement agencies have operated their IA/OPS system with little oversight. That's coming to an end. More communities, particularly those in large urban areas, are instituting some form of external review. In some communities it's a form of civilian review. Since 1997, numerous police agencies have come under the scrutiny ...
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