NewsletterSeptember 2011
in this issue
Behavior Symptom Analysis During Roadside Interviews
Tactical Concepts for Entries
Complacency, Control & Cuffs: The Difference Between Winning or Losing
Legal Update
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 Reid & Associates


Many serious crimes have been solved as a result of a traffic stop or chance encounter with a police officer:* A vehicle is stopped for running a red light and it is determined that the occupants just held up a liquor store or burglarized a warehouse; a driver is pulled over because of an equipment violation and, through questioning, the officer learns that the other occupant in the vehicle is wanted on a felony warrant.** The media use these stories to show how stupid criminals are.* What the stories really illustrate, however, is the importance of conducting effective roadside interviews.

The officer conducting a roadside interview is in a unique position to develop incriminating information.* Because the initial stop is for a forfeiture offense, Miranda warnings are not required.* Most of these stops are the result of probable cause so the suspect already knows that he or she has been caught doing something wrong and this awareness makes it easier to acknowledge other transgressions.* Finally, these suspects are caught off guard without the opportunity to create a credible alibi or dispose of incriminating evidence that may be in the vehicle. 
  

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By Daniel S. Danahery 
Tactical Encounters Inc.
 
In today's violent society we are losing officers at an alarming rate. Within the past few years we have seen officers killed while responding to , entering, or searching a structure: places like Pittsburgh, Detroit , Oakland and San Diego to name a few. These incidents varied from domestic disturbances, suspicious persons, barricaded gunmen, to warrant service. These are the types of standard calls that officers answer every day and yet we continue to lose officers. There is no way we can eliminate casualties in such a dangerous and un-predictable occupation, but with the use of better tactics and teamwork we can minimize how many casualties we take.

The problem: Most officers perform as individual entities. They handle calls for service, affect traffic stops, initiate arrests, perform custodial searches, transport prisoners, settle disputes, investigate crimes, conduct interviews/interrogations and resolve a host of other problems on a daily basis. They condition themselves to get the job done, whatever that job may be, including the dangerous job of clearing structures. With some exceptions, officers can handle most of these duties by themselves and do so successfully, however, clearing a structure, effectively and safely requires teamwork.
 

    

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 By Daniel S. Danaher

Tactical Encounters Inc.
TacticalEncounters.com

Headlines: Missed Pat-down Officer Shot! How many times have we heard of officers being shot or killed due to a missed pat-down or search? There have been a number of reasons why this has occurred; complacency on the part of the officer, lack of or negative training, poor policy or procedures when dealing with suspects, or a number of other factors. Certainly we are not going to win all of these encounters all of the time, but many of these shortfalls could have been prevented. By addressing the three C's (Complacency, Control & Cuffs) we can begin to reduce some of our losses and turn them into wins.

Complacency
Probably the single most contributing factor to officer assaults and deaths is complacency. We see it in almost every facet of our profession. Whether it's while driving, traffic/pedestrian encounters, searching, or training, at some point we begin to become complacent. Once we allow this beast to seep into our procedural tasks, it begins to pervade into every aspect of our performance until it becomes a point of vulnerability. This is when we see officers lose their tactical edge and become victim to either active resistance, assault, or worse.

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Reprinted from WWW.PATC.COM

 

Third Party Consent 

    

by Brian S. Batterton, Attorney

PATC Legal & Liability Risk Management Institute (www.llrmi.com)

  

United States v. Matlock
Illinois v. Rodriguez
Georgia v. Randolph
Wisconsin v. St. Martin  

 

The United States Supreme Court has, over the years, addressed the issue of third party consent. Some notable cases from that court that are often cited are the United States v. Matlock [i], Illinois v. Rodriguez [ii], and Georgia v. Randolph [iii]. In review, we will examine each of the above cases.
First, in the United States v. Matlock, Matlock was arrested in front of the home in which he rented a room. The officers then arrested Matlock and transported him away from the residence. Officers still at the residence made contact with Ms. Graff at the home. She stated that she and Matlock shared a bedroom in the home. The police requested and were granted consent to search the home for money and a gun. During the consent search, the police found the items in Matlock's bedroom. The issue that the Supreme Court faced was whether Ms. Graff had authority to consent to a search of the room that she shared with Matlock. The Court held that Ms. Graff possessed common authority over the room with Matlock. As such, she did have the authority to consent to a search of the room. This common authority rests upon mutual use of the property and joint access to the location or item searched.

 

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Top Ten New "Less-Lethal" Choices for Officers:

  1. Large foam pillow
  2. Self esteem foam.
  3. Threatening to kill yourself.
  4. Running away.
  5. Inner child spray.
  6. The virtual painless slap.
  7. Command whispering.
  8. Crying
  9. Silly String.
  10. Begging.
  
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