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By Sergeant Betsy Brantner Smith
Reprinted with permission from Policelink.com
You're out of the academy, done with field training and out on your own. You may be just off probation, ten years into the job, a detective, a supervisor, a manager; you may even be the chief, but chances are, you're hoping to never have to sit in a classroom again. After all, isn't most of what we learn in law enforcement "on the job" training? You probably learn something new almost every day just by being at work (and if you don't, you're not paying attention), but here's a few reasons why you should look forward to, embrace, and even seek out in service training.
The Nature of Perishable Skills
Motor skills are by their very nature perishable. They require some form of repition or practice to maintain or improve the level of performance for each and every skill. Skills that will be performed under stress will require a higher level of repetition or intensity during their initial development and will still require constant "maintenance" through physical or mental repetition; ideally a combination of both. The old adage that you never forget how to ride a bike is true; however riding a police mountain bike down a flight of stairs takes it to a whole other level. And once you learn those police bike skills, as any IPMBA instructor will tell you, if you don't consistently use and/or practice them, you won't be able to perform them well, especially under stress.
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OR Parameters of Police Deception
The "L" word
Editors note: This article generated a lot of comments when first published. We think it is a discussion worth having and invite any comments you might have.
By Valerie Van Brocklin www.valvanbrocklin.com
It was the use of the "L" word that did it - "lie." If instead of the title Training Cops to Lie - PT 1 I had used Legal Parameters of Strategic Deception, when the article was first published on www.officer.com, I doubt there would have been a brouhaha. If you'd like to see a brouhaha, just click on the web link to PT 1 and read all the way through the comments at the end of the article.
My intent in Part 1 was to posit that the U.S. Supreme Court has recognized that the duties of law enforcement may require limited, officially sanctioned deception in the course of criminal investigations. United States v. Russell, 411 U.S. 423, 434 (1973). ("Criminal activity is such that stealth and strategy are necessary weapons in the arsenal of the police officer.")
Even criminal defense attorneys empathize with this necessity,
I have not read many reported decisions in which the Courts have been enthusiastic about trick, deception, and artifice by law enforcement personnel, but the Courts do understand that in the real word, a world in which crime loves darkness, stealth, and concealment, crime can sometimes only be detected and prosecuted through those same means.
(Web link below to J.D. Obenberger's article.)
The Supreme Court has referred to these sanctioned ruses as "strategic deception." Illinois v. Perkins, 496 U.S. 292, 297 (1990).
It was also my intent in Part 1, to look at some court decisions on police deception for some legal guidance on a topic so complex and murky that the courts don't even agree.
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www.reid.com
The importance of a face to face interview with a job applicant to evaluate their recent past behavior was emphasized in the last web tip. One reason employers are reluctant to ask probing questions during a preemployment interview is the fear of a subsequent law suit. This discussion will focus on legal aspects of preemployment screening and cost-effective strategies in making hiring decisions.
The underlying legal principle applied to areas of proper inquiry during a preemployment interview involves a concept called a Bona Fine Occupational Qualification (BFOQ). In other words, can the employer demonstrate that the information elicited by the question is necessary to assess the applicant's suitability for employment. Any written or verbal question asked of a job applicant in the selection process must satisfy a BFOQ.
It may, therefore, be considered improper to ask the applicant if he rents or owns a home but it would be permissible to ask for the applicant's mailing address since the employer needs to know where to contact the applicant. Certainly it would be improper to ask about the applicant's origin of birth but it is permissible to require proof of being able to legally work in this country (upon being offered a position).
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YOUR CELLPHONE IS A COMPUTER!
Reprinted from www.PATC.com
by Chuck Washburn, Attorney
©2011 Chuck Washburn, Attorney, Legal Counsel, Instructor, PATCtech Digital Forensics (PATCtech.com)
U.S. v Kramer, 2011 U.S. App. Lexis 2367, February 8, 2011, No. 10-1983Is your cell phone comparable to a personal computer in the eyes of the law? The United States Court of Appeals for the 8th circuit believes so.
Neil Kramer pleaded guilty in District Court for the Western District of Missouri. His charge was transporting a minor in interstate commerce with the intent to engage in criminal sexual activity with her. Kramer also acknowledged that he used his cellular telephone (Motorola Motorazr V3) to send text messages and place calls to the victim for a period of six months leading up to the offense.
During the sentencing of Kramer the District Court of Missouri determined that Kramer's cell phone was a computer and therefore applied a sentencing enhancement for its use to facilitate the offense.The District Court reasoned that U.S. sentencing guidelines §2G1.3(b)(3) generally authorizes a two-level enhancement when a "computer" is used in the commission of a crime.
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