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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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    The Law of Citizen Contacts and Stop and Frisk

    Corrupt police officers, politicians, and government employees sometimes engage in corrupt activities, which generate large amounts of cash. The challenge for law enforcement authorities investigating this type of crime is to be able to prove the corrupt individual has a net worth that exceeds their legitimate explainable income. This can often be accomplished by a forensic audit of the target’s assets, ...
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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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    Officers May Rely on Information Provided By School Officials

    Many times police officers assigned to schools or police officers that are called to schools must make decisions regarding arrest based upon information provided by school officials. A recent case decided by a federal court in New York reiterated that police officers may rely upon the information provided by school officials in establishing probable cause to arrest. Foy v. City 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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    Chaplain's Corner: A Look at The Book

    Chaplain's Corner: A Look at The Book
    Hello, and welcome to the Chaplain’s Corner. I survived turning 55! Wasn’t such a big deal after all. And March is here again. That means severe storm season will soon be upon us here in central Texas and that could be a big deal. We badly need the rain, but the hail and damaging winds and potential tornadoes I can do ...
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    Use of Deadly ForcePre-Shooting Events Impacting Reasonableness of Shooting

    An on-going issue in deadly force cases is how courts will review the totality of circumstances surrounding the shooting and how officer tactics and actions before the shooting may have an impact on the reasonableness of the use of deadly force. Some of the federal circuits view the “totality of circumstances” as only that moment in time where the officer pulls ...
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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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    Handling too many critical incidents can lead to trouble

    I received a heartfelt letter from a concerned police officer's wife. She was experiencing her what, for want of a better term, could be called spouse's police stress. Her husband had policed far more than his share of critical incidents, including accidents where numerous children were killed. He was withdrawing from her and questioning his belief in God. Why, in essence, ...
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    Money Laundering Control Act

    § 1956. Laundering of monetary instruments (a) (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity— (A) (i) with the intent to promote the carrying on of specified unlawful activity; or ...
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    Immigration and Nationality Act

    The Immigration and Nationality Act, or INA, was created in 1952. Before the INA, a variety of statutes governed immigration law but were not organized in one location. The McCarran-Walter bill of 1952, Public Law No. 82-414, collected and codified many existing provisions and reorganized the structure of immigration law. The Act has been amended many times over the years, but ...
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    Screening New Employees: Part II

    The importance of a face to face interview with a job applicant to evaluate their recent past behavior was emphasized in the last web tip. One reason employers are reluctant to ask probing questions during a preemployment interview is the fear of a subsequent law suit. This discussion will focus on legal aspects of preemployment screening and cost-effective strategies in making ...
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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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    Student showing propensity for violence can be required to undergo psychiatric evaluation

    Demers v. Leominster School Dept., 263 F.Supp. 2d 195 (Dist. MA 2003). Michael Demers and his parents filed a federal lawsuit against school officials after he was suspended from school following his refusal to undergo a psychiatric exam. The suit alleged among other things, a violation of Michael’s due process rights. School officials sought to have Michael psychiatrically examined after he ...
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    Investigating Possible Fabricated Claims

    A recent case involving a University of Wisconsin student who falsely claimed that she was abducted highlights some important characteristics of these investigations. This particular case quickly achieved national attention and was followed on a daily basis by morning talk shows. The reason for this attention was probably because the media were able to build suspense by showing surveillance video of ...
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    Training Issues With Respect to Warrant Execution

    Officers must be trained for the recurring tasks which the particular officers may face. The training a particular officer must receive will be determined by the officer’s assignment. For example, a rookie officer that is not allowed to draft search warrants would not need to be trained in the drafting of search warrants, whereas a detective that will be regularly drafting ...
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    Thanksgiving In Spite Of

    Hello, and welcome once again to the November edition of the Chaplain’s Corner. What a month this past one has been. I had a second throat surgery (first one was 20 May of this year), was on total voice rest for almost 4 weeks and was off work for nearly 5 weeks all told. We attended a LODD funeral three days ...
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    Blocking Suspect’s Car is a Seizure

    Indiana v. Stickle, 2003 Ind.App. LEXIS 1304 (IN Ct. App. 2003). Members of the Indiana State Police received information regarding a drug deal that was going to take place at a McDonald’s restaurant in Batesville. The tipster provided the names of the individuals involved and indicated the vehicle which would be driven by the suspects. Officers placed the restaurant under surveillance ...
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    US Supreme Ct - Randolph v. Georgia

    Police Cannot Use the Consent of a Co-Occupant to Make Entry in Order to Search for Evidence to be used Against the Opposing Occupant who Is Present and Objects to the Entry. Georgia v. Randolph, 547 U.S. ___, slip op. 04-1067 (3/22/06). The United States Supreme Court further clarified the rules regarding consent searches in homes in Randolph v. Georgia, decided ...
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