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    Supervisor Liable for Failure to Provide Medical Care?

    In a case with a fact pattern similar to Canton v. Harris, 489 U.S. 378 (1989), the United States Court of Appeal for the 6th Circuit concluded that a police supervisor was not entitled to summary judgment or qualified immunity where a woman in police custody had died. The case, Carter v. City of Detroit, 2005 U.S. App. LEXIS 9717 (6th ...
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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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    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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    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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    Warrantless Searches of Motor Vehicles

    Often questions arise as to whether a police officer needs a search warrant in order to search a motor vehicle. Fortunately, the Supreme Court of the United States has a fairly extensive body of law commonly called the “automobile exception” or the Carroll Doctrine which gives clear direction to police officers on this topic. However, individual states, in interpreting their state ...
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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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    Administration Considerations - Vendors vs Agency Training

    Over the past 10 years I have given many lectures and seminars throughout North America, and have found that there are many differences in how law enforcement agencies run their K9 units. However there is one common factor with the majority of the agencies that I have been to. Budget constraints almost always hit the dog section of any department before ...
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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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    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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    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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    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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    Police Involvement Does Not Always Invalidate Search

    An issue that is often raised in school search cases is the question as to what level of police involvement will require that a search be supported by probable cause rather than the reasonable suspicion standard allowed for school officials. A case on point was decided by the Superior Court of Pennsylvania recently. In the Interest of A.D., 844 A.2d 20 ...
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    Tasered Spectator Has Potential Case of Excessive Force and Unlawful Arrest

    Following a day of watching races at the Gateway International Raceway, Christopher DeSalvo was watching guests of the Holiday Inn do “burnouts” with their vehicles in the rear lot of the hotel. Approximately 100-150 guests were gathered for the show. The gathering and the vehicle “burnouts” prompted the response of the police. Officer Krug, upon responding a second time to the ...
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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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    Reducing Liability by Subscribing to the Law Enforcement Legal & Risk Management Update

    The Law Enforcement Risk Management & Legal Update is a new periodical that provides timely updates on the law and trends impacting the law enforcement profession. The focus of this bi-monthly subscription service is the critical tasks that create liability for officers and their agencies. In addition to case summaries the reporter also includes a roll-call training section to be used ...
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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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    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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    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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    Improving Reactions To Lethal Force

    The potential for high risk situations is becoming more common as our society continues to deal with an increasing crime rate. As a dog handler, you will be at greater risk for lethal confrontations as a direct result of your K9 applications. There are a number of things that you can do to help you survive such encounters. Many of those ...
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    The Ticket – Part 1

    Hi, and welcome once again to the “Hot & Dry Edition,” I mean, August edition of the Chaplain’s Corner. I said it last year and I have to say it again; “Here it is almost football season again and still no rain.” At least none to speak of…two years of drought. It’s getting old. Sigh. You know it’s been a while ...
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