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  • +1

    Common Questions About Law Enforcement Administrative Investigations

    **What is the burden of proof to sustain allegations of misconduct against a police employee?** Nearly all law enforcement agencies use “preponderance of the evidence” as the burden of proof to sustain allegations. Preponderance of evidence has been defined as more than 50 percent; a tipping of the scales of justice; or more likely than not. Some agencies and public employment ...
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    Conduct Unbecoming - Sex, videotapes, the Internet and police misconduct

    Law enforcement personnel are held to personal standards higher than other members of our communities. Conduct unbecoming has been a common and historical charge used in controlling and censuring police officers and other public employees, for both on and off duty actions. The "Police Officer’s Code of Ethics," written back in the 1950s, has a provision that is routinely referenced in ...
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    Dishonesty by Officer Requires Termination

    Over the past ten years, law enforcement agencies have struggled with the impact of officer dishonesty on the ability of the officer to act as a witness in court proceedings. The dishonest officer is always subject to having their credibility impeached by their prior dishonest conduct. Agencies have an on-going responsibility to disclose information to prosecutors concerning an officer’s dishonesty before ...
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    Early Intervention Systems For Law Enforcement

    Law enforcement administrators throughout the country have long recognized that a small percentage of officers are responsible for a disproportionate share of complaints, which can tarnish the reputation of the entire agency. Since the early 1980’s, many large police agencies began to establish tracking systems that systematically identify patterns of behavior of individual officers. This is a problem solving approach which ...
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    Failure of Supervisory Involvement in Pursuit Contributes to Liability

    Clark v. South Carolina Department of Public Safety, 2002 S.C. App. LEXIS ( S.C. Ct.App. 2002), involved a police pursuit conducted by the South Carolina Highway Patrol. Trooper Greg Bradley observed a van operating at 57 mph in a 45 mph zone. He attempted to pull the van over but the van took off. At one point the van stopped in ...
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    Failure to Have Policy on a Critical TaskSearch and Seizure May Lead to Liability

    Solis v. City of Columbus, 319 F.Supp. 2d 797 (S.D. Ohio 2004), provides an example of potential agency liability for the failure to have a policy in place that will protect the rights of citizens in their homes. Solis involved the execution of a search warrant by a SWAT team following an investigation conducted by Detective Cox. Detective Cox was working ...
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    Managing Law Enforcement Liability Risk

    Prior to examining case law defining the parameters of governmental liability one should first be familiar with the process and the mechanisms for risk-reduction and risk avoidance. A clearer understanding of these principles allows the reader to judge the cases against the backdrop of these principles. The reader should be encouraged to consider how the principles of risk management may have ...
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    Municipal Insurance Pool Not Liable:Robbery and Murder by Police Trainee

    When a police employee acts outside the scope of their employment for purely personal purposes the employer and its insurer will not be liable. A case from the Court of Appeals of Georgia, 2nd Division, decided on April 21st provides an example of the ultimate bad case. Georgia Interlocal Risk Management Agency v. Godfrey, 2005 Ga. App. LEXIS 413 (GA. Ct. ...
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    The First Layer: Policy Establishing Departmental Standards of Performance

    In the previous article titled: "Focus on Liability Reduction and Better Performance" we described the Six Layered Liability Protection Process which requires absolute attention to the development of policies based on the principle of "foreseeability" for the performance of certain tasks, the training in the necessary skills and critical policies, quality supervision, corrective action and remediation, constant review and necessary revision, ...
  • +33

    Selections vs. Qualifications Training

    Selections vs. Qualifications Training
    Back in 1985, when I was a not-so-young U.S. Army 2nd Lieutenant, I found myself attending a grueling two week school called the “Army Air Loader” course. As I originally understood it, this course would teach me all about loading my battalion’s equipment on to an airplane for deployment somewhere overseas. To this day, I am still trying to figure out ...
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  • +2

    Building Rapport During an Interview

    Interviews in the popular television show Dragnet were often preceded with the admonition, "Just the facts ma'am." The emotional detachment displayed by Sgt. Friday, however, is generally not conducive to eliciting meaningful information from a subject. People are more comfortable telling the truth to someone whom they trust and can relate to. This is precisely why an investigator should spend the ...
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    The Paramilitary vs. Academic Training Debate

    Those who have been in law enforcement for a while surely remember the stressful, anxiety-provoking period of their career spent under the watchful eyes of paramilitary police academy instructors. Much like Marine Corps boot camp, the training stint evokes memories filled with physical performance, emphasis, loyalty to the organization and fear of the training authorities. More recently, some police organizations have ...
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  • +14

    Advice for Sniper Supervisors

    Advice for Sniper Supervisors
    I am not a supervisor, and I don’t pretend to be able to tell you how to supervise your sniper team. However, I have the advantage of having seen sniper teams all over the country. I have had a close look at good programs and bad programs. As a result, I can tell you, with confidence, how a successful sniper team ...
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  • +11

    How Do You Handle Police Misconduct?

    How Do You Handle Police Misconduct?
    “Police misconduct” is always a favorite topic of the media, and who can blame them? Exposing the dark side of those who are supposed to serve and protect makes for fascinating reading and viewing by the general public. And let’s face it; there is no shortage of fodder when it comes to our own bad behavior. Cops make mistakes, just like ...
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  • +4

    Categories of Stress Behavior Seen In The Interview Room

    Each of us experiences stress creating events on a regularly basis and in a large number of different settings. Everything from the simple aggravating issues of daily life up to and including the stress that is associated with creating and maintaining deception. The ability of the interviewer to be able to accurately diagnose deception rests on his or her knowledge of ...
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  • +1

    A World of Risk

    There is a tremendous amount of hoopla about how the world is now a global economy. While that statement is undeniably true, the problem is that the world is still a very big place. Finding a reliable vendor that can deploy and perform in some far-flung locale remains a challenge. What PortGard brings to the table is a historical lineage of ...
    Rated +1
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