NewsletterMarch 2011
in this issue
The Polygraph Technique, Part II: Value During an Investigation
When They Come To Kill The Kids
Police Canine Sniffs in Public Schools
Top Ten

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In this issue we continue to bring you important training topics of current interest. 


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By John E. Reid & Associates  

 

Each year in the United States hundreds of thousands of polygraph examinations are administered. The primary value of the polygraph technique is to eliminate innocent suspects early during an investigation. This greatly assists an investigation in that investigators can focus their efforts on other suspects. When a suspect is identified as deceptive, frequently the suspect will confess during an interrogation that follows the polygraph examination. While this may sound like a positive finding, it is not because it encourages incompetent examiners to use the polygraph instrument as a psychological prop to elicit confessions.

 

Properly administered, the polygraph technique is a non-accusatory diagnostic procedure that allows an examiner to collect physiological data to infer whether or not a subject is telling the truth to relevant questions (see August web tip). Accusatory interrogation has no place in a properly conduced polygraph examination (Reid and Inbau, Truth and Deception the Polygraph "Lie-detector" Technique, Williams and Wilkins, 1977). Unfortunately, the private environment and intimate relationship an examiner forms with a subject during a polygraph examination creates an ideal breeding ground for a confession. This factor is significant enough that some state supreme courts have ruled that taking a polygraph examination is so inherently coercive that any confession made during the course of a polygraph examination should be suppressed. It should be understood that a confession obtained during an interrogation following a polygraph examination is accepted in all states

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 By Rick Armellino
Baker Ballistics, LLC  

The critical need for "Immediate Action Rapid Deployment" in school invasions

The nightmare scenario 


Two armed men carrying handguns and knapsacks reportedly have entered a local elementary school. You are the closest responding patrol asset.
What will YOU do?
Upon your arrival, what happens next greatly depends upon the policy of the law enforcement agency that signs your paycheck. What you would do if your child was in this school may be vastly different than what your department expects you to do. Here's a few of the most common patrol first responder actions: 

 

  1. Not hearing any gunfire, establish an outer perimeter to prevent escape and call for backup.
  2. Hearing gunfire, wait for the predetermined amount of officers to arrive, make a plan, and enter the structure in accordance with your agencies' active shooter response procedures.
  3. Whatever you want, as your agency has no formal policy, training or equipment.

  

article continues >>

 

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By ©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM)  

 

As public school officials attempt to combat the problem of illegal drugs at school, the use of police drug sniffing canines is becoming more prevalent.  It is well established that canine sniffs of lockers and parked cars do not constitute a "search" under the Fourth Amendment.[i]  However, in some situations, the facts leading up to the use of a canine may implicate the Fourth Amendment by constituting a seizure of a person or property prior to the use of the canine.

 

On March 5, 2010, the Court of Appeals of Texas (Austin) recently decided In the Matter of D.H.[ii], which dealt with such an issue.  The facts of D.H. are as follows:

In October 2006, officers from the Austin Police Department arrived at Reagan High School to conduct a canine search of the school. D.H., who was sixteen at the time, was a student at the school. Assistant Principal Mike Perez led the officers through the school, allowing the dog to sniff several classrooms on each floor of each building. For every inspection, Perez entered the classroom and informed the teacher of the sweep. The students were then instructed to leave their property in the classroom and wait in the hall, and the police entered and allowed the dog to sniff the items left in the room. The students were not allowed to refuse the instructions or to take their items with them. When the officers searched D.H.'s classroom, the dog reacted to her backpack. The officers called D.H. into the classroom, read D.H. her rights, and searched her bag, where they found a small bag of mariJuana. [iii]

 

D.H. filed a motion to suppress with the trial court alleging that her bag was seized without reasonable suspicion when she was required to leave it in the class while the canine conducted a sniff of all bags in the room.  The trial court denied the motion to suppress.

  

 article continues > 

The Top Ten Worst K-9 Names:   
  1. Fluffy
  2. Not Guilty
  3. Massive Bite
  4. No Warning
  5. Civil Liability
  6. Killer
  7. Bad Nose
  8. Worms
  9. Psycho
  10. Throat Ripper

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