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    Seizure at Gunpoint

    Robinson v. Solano County, 278 F.3d 1007 (9th Cir. 2002) In Robinson v. Solano County, the United States Court of Appeals for the 9th Circuit had an opportunity to review whether a police officer’s pointing of a handgun at a citizen without actually pulling the trigger may violate the Fourth Amendment under some circumstances. The plaintiff in this case was James ...
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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 Law of Citizen Contacts and Stop and Frisk

    On a daily basis police officers have contacts with citizens that are consensual and thus do not implicate the Fourth Amendment. These contacts do not require the police to have any level of suspicion to justify the contact. Since police do not justify the stop based on some level of suspicion, the police have no authority to force a non-willing citizen ...
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    U.S. Supreme Court Refuses to Exclude Statements of Foreign Nationals where Vienna Convention is Violated

    Under Article 36 (1) (b) of the Vienna Convention on Consular Relations, a person who is detained by a foreign country has the right to request that the consular post of his country be notified. The article further provides that a person from another country who is detained must be informed of these rights. The impact of Article 36 on local ...
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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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    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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    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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    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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    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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    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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    TASER® Draper v. Reynolds Review of Incidents—Recommendations for Use

    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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    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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    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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    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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    Take it like a man - where the sun don't shine

    Women in the United States live on average 7.2 years longer than men. Men working in high stress jobs like law enforcement, where they are subject not only to police stress but to maintaining a veneer of self-reliance come hell or high water, die on average even sooner. If you take to heart what I'm about to write, it is more ...
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    Presence of SRO Does Not Invalidate Interrogation

    J.D. v. Commonwealth of Virginia, 2004 Va. App. LEXIS 31 (Va. Ct. App. 2004). Following a clear trend the Court of Appeals of Virginia recently ruled that the presence of a School Resource Officer while a school official conducts an interrogation does not invalidate the interrogation. J.D. was identified as a possible suspect in some thefts occurring at his school. J.D. ...
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    US Supreme Ct Anticipatory Search Warrent United States v. Grubbs

    United States Supreme Court: Anticipatory Search Warrant Valid Though Triggering Event Not Included in Warrant The United States Supreme Court held that an anticipatory search warrant, that described the triggering event for execution in the affidavit, but not the warrant or the attached schedules that were given to the suspect at the residence, still met the particularity requirement of the 4th ...
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    U.S. Supreme Court to Decide Privacy Interests of Passenger

    You may also find this article on the web at http://www.patc.com/weeklyarticles/passenger.shtml The United States Supreme Court is scheduled to hear oral argument in April on another case impacting law enforcement operations. *1 The case concerns whether a passenger in a vehicle which has been unlawfully stopped can challenge the basis of the stop when evidence is discovered relative to the passenger. ...
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    Presence of SRO Does Not Invalidate Interrogation

    J.D. v. Commonwealth of Virginia, 2004 Va. App. LEXIS 31 (Va. Ct. App. 2004). Following a clear trend the Court of Appeals of Virginia recently ruled that the presence of a School Resource Officer while a school official conducts an interrogation does not invalidate the interrogation. J.D. was identified as a possible suspect in some thefts occurring at his school. J.D. ...
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