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    When Suspect is NOT in Custody, Seibert Analysis is NOT Needed

    U.S. v. Courtney, 463 F.3d 333 (5th Cir. 2006) Cherie Marie Courtney testified falsely at the trial of her boyfriend, Shawn Kilgarlin. Two EPA Special Agents conducted two interviews with Courtney. A year later she was indicted, arrested and Mirandized. She waived her rights and spoke with the Agents. She again made incriminating statements similar to her prior statements. At a ...
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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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    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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    Preparing a Defense in Law Enforcement Litigation: A Formula for Law Enforcement

    Any significant law enforcement event has the potential to develop in a claim made against the agency and the officers involved. The likelihood of a lawsuit is enhanced when individuals involved in the event are injured or claim a violation of their rights at the outset. Depending upon the nature of the event and the public interest involved, the media may ...
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    New Year and Paintbrushes

    Hello, and welcome to the Chaplain’s Corner 2010. New Year’s 2010! Wow. I can still remember back in high school when I thought the year 2000 was so far in the future that it would never get here. (I say that every year, don’t I?) New Year and Paintbrushes. Now, I bet there’s at least one person out there who’s wondering ...
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    The Shocking Truths about Lightning Deaths

    In the aftermath of a severe mid-summer thunderstorm, a rookie police officer is dispatched to the scene of a dead body. A citizen walking his dog has discovered the corpse of a young adult female in some bushes near a sidewalk. The woman appears to have been beaten and her clothing violently torn. The young officer believes he has encountered ...
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    Training at the Speed of Knots

    With the recent updates in funding in Homeland Security, one can only help wonder how evenly the funds will be distributed. Currently upgrade to the maritime port security initiative have stepped up with awesome and new technology however, we must begin to prepare for old history that tends to show itself over again. In this day in age, the piracy in ...
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    The Shocking Truths about Lightning Deaths

    In the aftermath of a severe mid-summer thunderstorm, a rookie police officer is dispatched to the scene of a dead body. A citizen walking his dog has discovered the corpse of a young adult female in some bushes near a sidewalk. The woman appears to have been beaten and her clothing violently torn. The young officer believes he has encountered his ...
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    Vehicle Checkpoints

    Over the past decade the United States Supreme Court has decided three cases dealing with law enforcement checkpoints involving car stops by police officers without individualized suspicion to believe that the operator of the vehicle had done anything wrong. In Michigan v. Sitz, 496 U.S. 444 (1990), the Court approved of Sobriety Checkpoints where the police were acting pursuant to set ...
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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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    There Is a Way

    Hello, and welcome to February and the Chaplain’s Corner. February brings some mixed emotions for me this again this year as it seems it does every year. I’ll hit 57 on the 28th. For some reason, sixty doesn’t seem near as elderly as it did in the last century. “Last century!” Now that WILL make one feel old… “When were you ...
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    United States Supreme CourtSummary of Law Enforcement Cases 2004-2005 Term

    United States Supreme Court Summary of Law Enforcement Cases 2004-2005 Term Each term, the United States Supreme Court decides cases having a direct impact on various aspects of law enforcement operations. During the 2004-2005 term, the Court decided 5 such cases touching on day to day operations in law enforcement. These cases have been detailed in the legal update as they ...
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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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    The Aftermath….of Easter?

    Hello, and welcome to the May 2009 edition of the Chaplain’s Corner. I’ve decided to be good and not address the country’s “goin’ south.” Actually this month’s title and idea came as I was sitting in church this morning, listening to the sermon about “Doubting Thomas.” I think it’s interesting that just last night I told my wife that I needed ...
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    The Subject Specific Interview Approach

    In recent years several behavioral science experts have focused their research efforts on reviewing hundreds of investigative interviews and interrogations. There have been two goals of some of these studies. One has been to determine how successful the interviewers are at accurately identifying and analyzing the behavioral signs of deception. The second has been to gain greater insight into the investigative ...
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    Justice Department Findings in Regards to Illegal Immigrants

    http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf
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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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    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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    Retention of ID During a Consensual Encounter

    Golphin v. Florida, No. SC03-554 (December 14, 2006) The Supreme Court of Florida recently decided an important case regarding consensual encounters. In Golphin v. Florida , two police officers were on patrol in an area of Daytona Beach that is known for prostitution and narcotics traffic. The police officers were specifically in that area to conduct field interviews with individuals in ...
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    Trial to Decide if 1st Grader is Fully Aware to Assume Risk Monkey Bars Claim Another Victim

    A jury should decide whether a six-year-old assumed the risk of injury when he fell off a piece of school playground equipment and was injured, the Supreme Court of New York has ruled. The plaintiff, a first-grader, was injured in October 2001 when he fell from his school’s monkey bars during recess. The pupil was one of 25-30 first-graders on the ...
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