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Type: Article
Section: Point of Law
Patrol
Liability for Failure to Protect
A person can frame a federal lawsuit against an officer under either the "special relationship" doctrine or the "state-created danger" doctrine.
May 31, 2010
Patrol
Acing the Tests
Experience is the best teacher for learning to spot contraband drugs and alcohol and drug intoxication in the field. But the cop needs a demonstrable standard for evidence. It's here that presumptive field testing for alcohol and drugs is most useful.
May 27, 2010
Training
Understanding Probable Cause
Probable cause is much less than proof "beyond a reasonable doubt," which the prosecutor must meet in order to convict a defendant. But PC is something more than the "reasonable suspicion" required to justify a temporary investigative detention.
May 17, 2010
Patrol
How It All Began:
Miranda v. Arizona
The genesis of the Miranda warnings can be traced to March 13, 1963, when Ernesto Arturo Miranda was arrested by officers of the Phoenix Police Department for stealing $4 from a bank worker and for the kidnap and rape of another woman.
May 10, 2010
Patrol
Rules of Engagement
They wanted to know why Walters didn't shoot the knife out of Collins' hand? Shoot to maim? Why would Walters be in fear for his life since he was wearing body armor? And they wanted to know, could an X-acto knife really kill you?
May 6, 2010
Patrol
Rewriting the Edwards Rule
The
Edwards
rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.
May 6, 2010
Weapons
A Punch of Pepper
Less-lethal weapons containing capsaicin can give you the edge you need to end a confrontation without loss of life.
April 21, 2010
Patrol
Miranda Wording
One indication of the enduring misunderstanding of the
Miranda
jurisprudence is the fact that after 44 years, state and federal courts continue to litigate the adequacy of dozens of variations of the particular wording used by officers - and continue to get reversed by the Supreme Court.
March 31, 2010
Patrol
The Force Scientist
Since 2004, POLICE-TREXPO keynote speaker Dr. Bill Lewinski and his team have dedicated themselves not only to researching human performance factors under stress and fear but also disseminating the research of other academics to rank-and-file officers.
March 22, 2010
Patrol
Cognitive Dissonance
I focused on several likely hiding places: a container of Comet cleanser, filled with just cleanser; a PVC piece of pipe—only a bomb; a box of "SOS" pads....wait a minute!
March 10, 2010
Patrol
Justifying Temporary Detentions
When a marked police car pulls into a high-crime area and people start running away for no apparent reason, this is reasonable suspicion to stop them.
March 1, 2010
Patrol
Shots Fired: Gaston County, N.C. 07/06/2009
Shaw tried to deflect the gun with the flashlight in his left hand. But hearing the shot, he jumped back, landing on his backside about seven feet away from Burris.
January 30, 2010
Training
How to Watch the Hands
It is imperative that you be able to recognize when suspects are using their hands to access and deploy weapons so you know how to respond. Never bring a control hold to a gun fight.
January 27, 2010
Patrol
Beware of False Headlines
So far, the U.S. Supreme Court has left it to the states and the federal appellate circuits to make their own rulings on the issue of whether officers may make a stop to investigate a reported drunk driver, without having any independent observations to corroborate the anonymous tip. This has led to a split of authority on the issue.
January 19, 2010
Patrol
In-Home Arrest Searches
With reasonable suspicion that someone on the premises might endanger officers during the arrest or as they departed, officers could conduct a "protective sweep" of the entire premises, looking only into areas where a person could be concealed.
November 18, 2009
Patrol
TREXPO East 2009: Report from the Aisles
A tactical law enforcement trade show like TREXPO East tends to attract some fairly innovative tools. Walking the aisles, you could see the latest tactical vehicles, weapons, communications, and apparel. Here's a quick look at some of the things that caught our attention.
October 29, 2009
Patrol
Public School Searches
Public school officials are entitled to search the student if there are reasonable grounds for suspecting the student of violating the law
or
any school rule. But once law enforcement officers become involved, higher justification standards will apply.
October 18, 2009
Weapons
Less Lethal Force
As technology has evolved, so too has the arsenal of weapons available to law enforcement. Firearms and batons have their place, but they aren't always the most effective tool for a given situation. Having a less-lethal option means you can possibly end a confrontation without lethal force.
September 17, 2009
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