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.....Just ask defense attorneys
By Valerie Van Brocklin www.valvanbrocklin.com
In an article titled Training Cops to Lie - PT 1 [web link below, first published on www.officer.com], I intended to begin a series on the legal and ethical parameters of police deception in investigating criminal activity.
In the melee of comments generated by that article, some readers expressed outrage about any police deception. That this would mean the elimination of all undercover activity to investigate drug trafficking, child prostitution or pornography, terrorism, or any other criminal activity engaged in secretly was not discussed by these outraged readers - but other readers noted the point.
One rationale of the outraged readers was that the Criminal Justice System, including trial, is a search for the truth and that any deception employed during that search would subvert the entire process.
Before I can proceed with my intended series some misperceptions might need to be cleared up.
A criminal trial is not about the truth ... just ask defense attorneys and the courts.
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By John Reid & Associates
A guideline we teach during our seminars is that the first person interviewed during an investigation should be the individual who reported the crime. The primary reason for this is because that person often can provide the most accurate investigative information surrounding the crime. Consider a homeowner who reports that someone entered his home and stole jewelry from a bedroom. The investigator needs to establish that the jewelry actually existed, when the jewelry was last seen, who has keys to the home or knowledge of an entry code, whether doors are always locked, which acquaintances knew where the jewelry was kept, etc. As with any interview, the investigator must keep in mind that the person who reported the crime may lie about these details. In fact, in a significant number of our investigations, the person who reported a crime also turns out to be the perpetrator of the crime.
The most common circumstance where the reporter of a crime is also the perpetrator occurs when the reporter has the best opportunity and means to commit the crime. Under this circumstance the suspect reports his own crime because it would be suspicious not to. In other words, the suspect would logically have been the first person to discover the crime. This may involve the husband who claims that he returned home from work and found his wife stabbed to death, the individual who reports that his car was stolen from an apartment parking lot or the individual who reports unauthorized charges on his latest credit card statement. A contributing motivation to report one's own crime is the belief that by reporting the crime the person will escape scrutiny or even consideration as a possible suspect in the crime. The following case, involving a teller who stole $1000 from his cash drawer to pay expenses related to renting an apartment, is typical of a guilty person who reports his own crime:
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By Steven Mosley
www.combathard.com &
Gregg Swanson
www.warriormindcoach.com
Before we get into the discussion of mental training for ferocious resolve I'd like to set a common definition so that we can all agree on what is intended.
According to Dictionary.com:
Ferocious - "savagely fierce, as a wild beast"
Resolve - "to come to a determination; make up one's mind"
So I think we could agree that 'ferocious resolve' "Committed to act like a wild beast." The animal kingdom is ripe with examples, but perhaps the most stunning example of this is the mamma bear and her cub. The manner in which she will protect her cub, going so far as to give her life to save her cub's...that's ferocious resolve!
So what's a mamma bear got to do with law enforcement?
Everything!
You see when you use ferocious resolve you are not only using the physical, i.e. savagely fierce, as a wild beast but also the mental, i.e. make up one's mind. This is the mind-body connection we hear so much about.
This is the warrior mindset that MUST be developed to win an all-out battle against another human aggressor. These conflicts are often sudden, extremely violent and can be relentless until one of the parties is incapacitated, or to put it bluntly, DEAD! You want to make sure your looking at the gurney or body bag from the outside: developing the mental strength characteristic of ferocious resolve is crucial to your survival and the survival of your partner(s). .
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Reprinted from WWW.PATC.COM
U.S. SUPREME COURT CLARIFIES DESTRUCTION OF EVIDENCE EXIGENCY
May 2011
by Jack Ryan, Attorney
©2011 Jack Ryan, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) Kentucky v. King, U.S. Supreme Court, May 16, 2011
Law Enforcement does not violate the Fourth Amendment simply by creating exigency. Exigency which violates the Fourth Amendment occurs only when the conduct creating the exigency also violates the Constitution.
Kentucky v. King, slip op. 09-1272, 2011 U.S. LEXIS 3541 (May 16, 2011)
In Kentucky v. King, the United States Supreme Court considered the task often faced by law enforcement officers as to when it is proper under the Fourth Amendment for officers to make a warrantless entry into a home to prevent the destruction of evidence. At issue in the case was whether the conduct of law enforcement created the exigent circumstance so as to make the entry unreasonable. Thus, the decision diagrams for law enforcement when conduct by law enforcement creates unconstitutional exigency versus what conduct makes reasonable exigency. The Court outlined the facts of the case as follows:
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