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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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    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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    License to Use Caution with Vehicle Pursuits

    Many police pursuit proponents read with eagerness of the U.S. Supreme Court’s recent case involving law enforcement chases. The 2007 case, Scott v. Harris was interpreted by many road rangers as giving more latitude to the officer pursuing the miscreants of the motorways. Actually the ruling should be examined within the scope of it two points. It also serves as a ...
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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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    Learning Concepts

    With the vast training styles available in the world, it has become a common saying that the only one concept any two dog trainers can agree on is what the third one is doing wrong. Even so, regardless of the training techniques used by today’s trainers, most have some degree of success. Even in the last twenty years the concepts of ...
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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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    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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    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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    History Lesson

    Welcome to the June 2010 Edition of the Chaplain’s Corner. Like last year, I’m writing my June column just days after the conclusion of Police Week, but UNlike last year, I can talk – I have a voice! I can even YELL at wayward bull calves in bar ditches when I have to – one of the “little pleasures” of being ...
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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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    Overview of Police Liability

    While police officers may believe that they will be exposed to liability for all of their actions, both proper and improper, the fact of the matter is that most courts have avoided second-guessing police actions and have only sanctioned the most egregious conduct. There are various levels of liability that may exist when an officer’s actions are deemed improper. The purpose ...
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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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    Training/Documentation “Major Lesson Plan”

    As part of the Liability and Risk Management Institute’s continued effort to further manage the risk and reduce financial losses through lawsuits, each edition of the legal update will include a major lesson plan. This major lesson plan may be used as a method to conduct and document training. How does it work? Supervisors are provided with the legal update for ...
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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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    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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    Use of Force: TASER

    Over the past few years, the use of Tasers (electronic restraining/compliance device) has become more common among law enforcement agencies nationwide. As the use of Tasers becomes more prevalent, law enforcement agencies can expect claims to be made regarding their use. As with any use of force, courts will look at three factors in determining if a particular use of force ...
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    One o'clock in the morning. July. You're a white cop patrolling an affluent section of town. As usual there isn't a car on the road. Typical. Inaction waiting for action. You notice a Mercedes 300D pull into a large colonial and observe a man, woman, and two children exit, open the trunk and begin to take out suit cases. "Back from ...
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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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    U.S. Court of Appeals 8th Circuit and Federal Liability forEmergency Vehicle Operation

    An area where few federal lawsuits have occurred has been where a collision occurs at the result of a police officer’s emergency vehicle response to an in-progress radio call. A new case from the United States Court of Appeal for the 8th Circuit may expose public safety agencies to further liability in federal court based upon non-pursuit emergency vehicle operation. 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 ...
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