PROMOTIONS AND RANK STRUCTURES...

Majority of Sworn Law Enforcement agencies have a set rank structure in place, commonly known or referred to as the Chain of Command. The higher the person is on the Chain of Command the more responsibilities he/she has. 

At the top of the Chain of Command is the Sheriff or Chief, he/she are responsible for the entire agency and nothing major happens without them knowing about it in some form or another. In addition to that, the Sheriff or Chief also has full knowledge and access to all records unless it pertains to an internal incident where they are under investigation.

Just like every other career path Law enforcement has eligibility requirements in order to be promoted to the next rank in the Chain of Command. Normally LEOs begin at the very bottom of the Chain of Command, but after a certain amount of time passes and proficiencies are demonstrated in the field they can granted a merit promotion to the next rank.

This isn’t normally a supervisory rank, but one that shows they have been with agency and operating in the field for an extended period of time. After that merit promotion anything further requires the LEO to submit a memorandum and go through a sort of process to be considered for a promotion.

The Promotional process in most agencies usually involve a panel interview with the command staff of the agency and a passing score on a written examination. The examination normally focuses on policies, procedures, and scenario based questions. To even be eligible to participate in the process there are normally time in uniform requirements attached to the announcement of a Promotional process.

Once the process is completed those that passed everything are placed on an eligibility list for a set period of time, so as promotional spots become available those on the list can be promoted to fill said spots. The higher the person is on the eligibility list, the higher the chances are that they will be promoted before the list expires.

This method isn’t only used to move up the Chain of Command through promotion, it is normally the same process if an Officer wants to join a specialized unit (i.e. SWAT, SERT, CID, EOD, Major Crimes, etc.). Specialized units can add onto the requirements as much as needed to allow them to get the best qualified person on their teams.

For example: To be eligible for the SWAT team, an applicant may be required to go through a panel interview and demonstrate specific tactical awareness in a practical exercise. Whereas an applicant for an investigative team may only have to pass a panel interview and provide a successful case that they worked.

There are many directions when it comes to the rank structure within Law enforcement, but every position has its place in the Chain of Command and designated responsibilities unique to that position. 

If you are looking to be promoted or move up the chain my best advice is to learn as much as you can and demonstrate that knowledge amongst the agency to build a good reputation. In addition to that, always have an open mind that is ready to learn and work with a team. It is that simple, promotion in Law enforcement aren’t rare…anyone can get one if they are dedicated towards doing so….

Promotions and Rank Structure…

OPEN CARRY V. CONCEALED CARRY...

In the United States of America some states are gun friendly and some are not. By friendly, I mean the state has specified laws, rules, and regulations that allow it citizens the ability to own and carry firearms. 

Some states have both open carry and concealment laws when it comes to firearms, some states just have concealment or open carry laws, and some states don’t have any at all. There has been an on-going political fight going on concerning the different regulations or restrictions that certain states have places on the citizens ability to own or carry a firearm. 

The fight is over whether the restrictions put in place are unconstitutional and violate the 2^nd Amendment to the U.S. Constitution that awards the right to bear arms. Some states argue yes, some states argue no, nevertheless each state has the authority to govern gun control within their boundaries.

Majority of states that have set in place parameters for their citizens to carry firearms have done so either in a concealed or open carry fashion. Open carrying a firearm is exactly what it sounds like, any citizen authorized to do so within the specified state can carry a firearm openly for all to see. 

Of course there are specific government buildings or grounds and private businesses where it is unlawful to carry firearms unless you are a member of Law enforcement. Concealed carrying of a firearm is a little different than open carrying of a firearm because the firearm itself has to be out of public view and an attempt to over it has to be made. In addition to that, it is normally unlawful to conceal a firearm unless a citizen has a permit issued from the specified state authorizing them to do so. This isn’t an uncommon thing, many citizens have a Concealed Carry Firearm Permit, and have operated within the law without incident.

When it comes to Law enforcement having a firearm isn’t a big deal unless you are not authorized to have a firearm or it is being carried unlawfully in respects to open or concealed carry. During my interactions with subjects with lawful firearms, I simply ask them to reframe from touch or reaching where the firearm is during the interaction, then verify that they are authorized to carry it, and finally get to the initial reason for me interacting with them. 

If found to be carrying the firearm unlawfully it will be confiscated and that person charged appropriately with a crime. Guns themselves aren’t scary, they are simply tools manned by humans….it is the human controlling the gun that needs to be looked out for.

The politics behind whether or not the restrictions placed on citizens in certain states that aren’t gun friendly is not my concern…it is literally an argument that will be present for as long as civilization survives. 

Food for thought…Do you know your states gun regulations? Open carry? Concealed Carry? No carry?

Open Carry V. Concealed Carry…  

ALL LIVES MATTER...

Law Enforcement and the Public share a vested interest at all times, both depend on one another, and in essence both are a part of one another. 

LEOs are not above the law, and are apart of the public or community they serve. That being said, the topic of discussion is going to be surrounding modern Law Enforcement, the need for improvement in communication with the public, and the need to trust Law Enforcement to do their job. This topic derives from the recent development of movement groups associated with addressing injustices and wrong doings by Law Enforcement.

Recently, several unjust actions taken by Law Enforcement Officers resulting in death or serious injuries have come to light and has sparked a slew of rallies, demonstrations, and protests calling for action to be taken to fix the issues. In addition to that, there have been criminal actions taken against Law Enforcement Officials operating throughout different jurisdictions in the country. Some of these actions resulted in the death or serious injury of Law Enforcement personnel. I am not here to say what is right and wrong, just that something has to change moving forward because the violence has to stop.

Law Enforcement Agencies can be secretive when it comes to releasing information because of internal policies set in place to protect the agency and to ensure it is in compliance with the law regarding releasing any kind of sensitive information. 

Law Enforcement is granted power from the public, plain and simple. Officers are trusted to carry out duties associated with maintaining public safety and if they found in violation of those duties they should be held accountable. However, if they are acquitted in a court of law by a jury designated from the public they should not have to worry about their actions because they were deemed justified once all the situation was fully evaluated. 

The truth of matter is that the majority of the people in the public are governed by their emotions before anything else, they form opinions, and crucify those they fell are wrong without even knowing the full story most of the time. 

Society has established laws and procedures all goal oriented at maintaining order and safety for everyone. However, if these law and procedures are followed it results in chaos and that is what the situation is beginning to look like. Protest, Demonstrate, and call for action, but we as a society should never harm those that are innocent or crucify without knowing the facts. Be patient and let the system do what it was designed to do, maintain order and safety for everyone. 

The system is always perfect, it cannot and will not always make everyone happy. But two wrongs don’t make anything right…it just adds complexity to the situation and makes it that much harder to resolve the root problem. Violence should always be a last result and taken only when there is nothing else that can be done to resolve a situation. Society came from Chaos, it shouldn’t be allowed to return to it….

All Lives Matter…

PLEASE...MIND MY BUSINESS PLEASE!

Law enforcement is very stressful both physically and mentally, it definitely takes a toll eventually if not managed well. Going into the career path you hear the stories and think to yourself that it won’t be me, but a few years on the street and it is you. It is unfortunately a never ending cycle within the Law enforcement community. 

Officers eventually take off the uniform and go home to attempt to live a regular life. Some have rough days and then have to go home to a family that has no clue what they are going through. This can lead to means of self-medicating or cries for help in the form of alcoholism and isolation from those once called friends. Unfortunately, the stress also manifests at home leading to broken marriages and possibly abusive behaviors in the household. This causes additional stress which continues the spiral downward into inevitable depression, eventually that Officer isn’t even a shadow of his/her former self and will seek a way out…

Officers are built to be tough and don’t want to come off as being the weak link, this stigma is one of the leading contributions causing the never ending cycle. It isn’t impossible to stop, I am and know of plenty healthy officers in the Law enforcement community. It needs to be addressed more from both the Officers side and the Agency side as well. 

I enjoy relaxing at home, reading, learning new skills, exercising, etc. so after work that is what I tend to do to de-stress from whatever happened throughout the workday. I have continued to make it my priority to continue my hobbies or doing the things I enjoy because they were there before the uniform and represent my personal persona. This is important because it allows time away from the stressors of work and thus time for mental recovery. It is very important for Officer to maintain a life outside of work to some extent because that will be what protects against the stressors at work. 

Law enforcement agencies need to better at acknowledging issues amongst Officers and provide more means to de-stress or burn off some steam while units are on duty. Agencies are aware of the issues and are working in the right direction, they just need to continue and be proactive about it rather than reaction to it. 

More agencies are allowing time for Officers to exercise while on duty, to speak to someone after a critical incident to let out any concerns, and to take more time off to spend with family. All good things goal oriented at battling against that never ending cycle, however it is up to the Officer to recognize the need for change and make said changes for the better.

This is a topic that I have always found interesting because it applies to everyone in uniform no matter the jurisdiction, yet it isn’t spoke aloud much. I believe that it is because of that stigma of being weak, nevertheless it is fascinating to me. 

Please...Mind My Business Please! 

DOES MENTAL HEALTH...ACTUALLY HELP?!

There is undoubtedly a mental health crisis going on throughout the county, more and more people are reaching that breaking point where they are lashing out in unbelievable ways. 

Law enforcement responds to all types of incidents involving both children and adults, it just doesn’t seem like the current systems in place for dealing with theses mental health crises are adequate. It appears as if the system in place addresses the incident, but not the underline cause of the incident and that leads to it happening again.

Currently when Officers respond to any incident that involves mental health there is a simple response; check for injuries or death, establish what happened, who was involved, and determine if a crime was committed. If a crime was committed and it requires a custodial arrest take the perpetrator into custody immediately. If a crime was not committed and certain criteria are met, take the subject causing the incident into custody on an Emergency Custody Order and transport them to be mentally evaluated.

The criteria are as follows: The person must be a danger to themselves or others, the person must not be able to provide the basic needs (i.e. bathing, eating, etc.) for themselves, the person is in danger or if placed in danger would not be able to defend his/herself, and finally the person must be in need of a mental health evaluation and is not voluntarily going for one. If a subject meets the criteria they will be taken into custody and transported to a facility to be mentally evaluated. This is not voluntarily, thus once the determine is made the subject is going whether they want to or not.

I did some research into what happens after they are evaluated and found some interesting results. So they basically go to a mental facility for several days where they are observed and given the opportunity to speak to mental health specialist. If found to be fine for that moment, they are released without anything further required. If found to be in need of medicine, they are prescribed whatever can help, and released. If found to be in need of hospitalization, they are held at a facility until they are “Better”.

At first glance they system doesn’t seem too bad, mental health addresses the conditions of those in need and then send them on their way. My concern is when the subjects return to the same environment where the initial incidents took place with little differences in place, they are different but the environment isn’t. Thus, eventually Law enforcement will be returning to the location for the same thing or something similar because the underlining issue may or may not have been addressed properly. I believe more can be done in reference to these type of incident and I know we can’t save everyone, but a little more effort would go a long way in helping these people.

I am choosing to stop here because this topic spans into so many other problematic areas built into the system in place that I plan on discussing in later posts, but I hope this was at least food for thought.

Does Mental Health…Actually Help?!         

OUT ON BOND OR BAIL?

Just because a person is arrested and being charged with a crime doesn’t mean that they will necessarily be in the jail pending court right away. In fact, majority of the time this is not the case because the subject accused of committing the crime is either released from jail on a bail bond, or during his/her arraignment is granted bail by a judge. 

This is a normal occurrence in the judicial system and isn’t widely understood by those outside of said system. Hence, today’s discussion will be surrounding Bail, Bond, and how it all works.

When a subject is arrested they are immediately taken before a Magistrate, Duty Officer, or Judge to be formally charged with committing a criminal offense based off the probable cause provided by the official holding the subject in custody.

At this stage it is the job of the Magistrate, Duty Officer, or Judge to determine if there is enough probable cause to believe the subject in custody committed the crime. The burden to prove said probable cause is on the testimony given by the arresting official in a hearing that occurs after the subject is arrested. If probable cause exists and is proven to be accurate the Magistrate, Duty Officer, or Judge issues Commitment Orders for the subject in custody to remain in jail until they are arraigned by the Courts.

Arraignment is a whole discussion in itself, but for now just know that everyone charged with a crime is arraigned if not released on Bond or Bail established by the Judge. In addition to committing the subject to jail; the Magistrate, Duty Officer, or Judge also has a bond hearing to determine the subject’s eligibility to have the opportunity to pay their way out of jail until the assigned court date regarding the offense accused.

During the Bond hearing a series of questions are asked, prior arrest history is reviewed, and if found eligible an amount is set. Once the subject is processed into the jail they have the opportunity to pay the Bond amount and be released until an assigned court date. If the subject doesn’t pay the Bond amount, they will be held until the following day to be arraigned in front of a Judge. Once the subject pays the amount, they are considered to be released on Bond pending court proceeding. 

The money they paid to be released is sort of like collateral, if they appear in court the money is returned to them, if not an arrest warrant is issued for them, and the funds are forfeited to the locality governing the Bond.

So if Bond or a Bail Bond is set and accepted by Courts but the Subject cannot afford to pay the amount set they have an additional option available. They can request the services of a Bail Bonds Agency that employ’s Bail Bondsman that are certified to vouch for subject eligible for Bond or Bail by the Courts. Usually the Bail Bonds Agency pays the full amount on the behalf of the subject, the subject then pays the Bail Bonds Agency a percentage of the Bond amount, and is released from jail pending the assigned court date.

This is just a general overview of the topic goal oriented at establishing a general understanding of the Bond/Bail Bond process. Most likely this topic will be furthered in later discussions, but for now this should be sufficient..

Out on Bond or Bail?

THIEVES AND WALMART SAVINGS...

So now that we made past Christmas and everyone has had a chance to spend time with their love ones I want to take you all through a call for service that unfortunately plagues the malls throughout majority of the holiday season. The topic of discussion today will be concerning a Shoplifting complaint that I responded to and completed in accordance with the law.

It is a regular day on Patrol, the calls for service are steady and time is flying. Just the way we all like it. I got dispatched to a Shoplifting complaint from Walmart, the Loss Prevention Officers caught and detained the offenders pending my arrival.

Upon arrival at the Walmart, I am escorted to the back of the store into an office that is well hidden from the public eye where the Loss Prevention staff have two subjects detained because they were observed attempting to steal merchandise from the Walmart. Subject A and Subject B is what they will be referred to moving forward through the call for service. As soon as I walk in the door Subject A begins to cry, and Subject B simply puts his head down as if he knows that someone is going to jail.

I make contact with the Loss Prevention staff initially who informs me that they have on video the two subjects attempting to leave the Walmart without paying for a cart full of merchandise valued at Six-Hundred Dollars ($600). The Loss Prevention staff played the video showing me the two subjects in action throughout the store, then heading towards the door instead of the registers to make payment for the items collected. Based off of that I already have probable cause to charge both with Shoplifting, however I turn to the subjects and ask what happened? And Why are you stealing?

Subject A tells me immediately that she thought Subject B paid for the items and was just going along under the assumption that everything was alright. I inform Subject A that she is lying and that she accompanied Subject B throughout the store and then toward the exit evidenced in the video that I just watched. At no time did ether of the Subjects go even remotely by the checkout lines.

Subject A continues to cry and doesn’t really say much else for the duration. Subject B takes the blame stating that Subject A had no knowledge of the criminal action and that he is to blame. I explained to Subject B that the stolen goods are worth Six-hundred dollars ($600) making the offensive felonious in nature and that he would be taken to jail if he is taking responsibility for the criminal action.

Subject B states again that Subject A didn’t have anything to do with it, letting me know that he understood what he was going and accepting. Subject B was placed under arrest and taken to jail for Shoplifting.

Unfortunately, Subject B also had prior convictions involving theft so when he was convicted in court he was given jail time and a hefty fine as well. In addition to that, Subject B was given a lifetime ban notice from all Walmart stores. That in itself is a brutal punishment, that man lost out on major savings for LIFE! 

This call for service is common unfortunately, however every now and again something like this situation occurs. Subject B took full responsibility for the actions, normally the two parties would be telling on one another in hopes of being released. The overall point is that stealing is wrong and has consequences so it is wise to NOT do it…unless you don’t value your savings at Walmart that is….

Thieves and Walmart Savings…

MERRY CHRISTMAS, 2019

It is that time again…its CHRISTMAS! 

I wanted to take the time to say Merry Christmas and Happy Holidays to everyone! I truly hope everyone stays safe and gets to spend some time with their love ones this holiday season. To my brothers and sisters in uniform make sure to stay confident on the job, know that you are not alone, and that when everyone is flat broke in 2020 that overtime filled pay check will be well worth it! 

Christmas is a time of giving, a time for joy, and happiness! So enjoy the holiday and don’t forget If you happen to see an officer in uniform, say hello! That gesture alone will make the difference…

My challenge to you this Christmas is to be thankful for those around you and to give something to someone that is less fortunate than you…

Merry Christmas, 2019

POLICE? SHERIFF? WHAT'S THE DIFFERENCE?!

One of the most common questions I get asked while I am in uniform is “What’s the Difference Between a Sheriff’s Office and Police Department.” So the topic of discussion today will be exploring some of the differences between the two type of agencies. It should be initially stated that both are legitimate Law enforcement agencies with the EXACT SAME arrest authority and majority of the time the EXACT SAME training. I have worked for both a Police Department and a Sheriff’s Office so I feel like I can break down some of the myths out there….

Let’s start with the similarities; Sheriff’s Deputies and Police Officers are both sworn personnel, meaning they both took an Oath of Office at one point that said they will enforce the laws and uphold the public trust. Both entities attend police academy and maintain proficiency with multiple weapon platforms throughout their careers. 

Both agencies have a rank system in place that is recognized throughout the county (i.e. Sergeant, Lieutenant, etc.). Both Officers and Deputies are required to maintain a certain level of education and training throughout their careers. Both attend Court on the regular basis and both agencies conduct investigations. Both entities care about the citizens.

The overall point when it comes to the similarities is that both are Law enforcement officials and they have the same arrest authority under the color of law. 

Now for the differences; a Sheriff’s Office is led by a Sheriff who is elected into office every four (4) years by the citizens governed under his/her jurisdiction. On the other hand, a Police Department is led by a Police Chief who is selected via a Panel or Board of Supervisors. 

The Sheriff’s boss are the people directly and he/she only has to answer to the Governor of the state where he operates. The Police Chief answers to the Board of Supervisors, and only truly has to answer to the County Administrator or entity that the local government has selected to oversee his position. The Sheriff is always looked upon as the Chief Law Enforcement Officer because they are elected and Constitutional in title. A Sheriff’s Office can oversee several Towns and Counties if needed, however a Police Department usually is restricted to a single town or county in jurisdiction. 

The Sheriff’s Deputies can transport convicted criminals, Police Officers cannot. Sheriff’s Deputies attend additional training granting them certifications in Civil Process, Court Security, and Jailing operations. Police Officers do not. 

Again, the overall point to this is that both are Law enforcement officials in nature. However, to put it simply Sheriff’s Deputies are basically super Police Officers. They can do everything a Police Officer can do and a little more. 

Both play a crucial part when it comes to the judicial system in place throughout the United States. People tend to think of one as better than the other, but at the core they are both the same. This was just a short series of examples to aid in exploring the differences between the two entities, there is obviously so much more that goes into it…but that is a topic for another day…

Police? Sheriff? What’s the Difference?

BALANCING COURT AND LAW ENFORCEMENT ACTIONS...

Law enforcement and the Courts maintain a working relationship, each entity rely on the other so that each can be effective in maintaining order in society. All LEOs will attend court proceedings, majority will do so on the regular basis for the duration of their careers. In fact, it will get to a point where both the judges and lawyers know the officers through name and reputation. Not all officers have a good reputation, however all officers will attend court at least once in their career. 

That being said, the topic of discussion today will be that of court proceedings. Specifically, I will taking you through a normal court day of a Law enforcement officer. 

The courts maintain a docket list of all the cases that need to be heard for the day, each case when submitted is assigned to a specific court and given a number assignment. Majority of cases are heard in General District Court, this can be both criminal and traffic related incidents. 

General District Court is open to the public unless otherwise stated by the judge. When the case involves families, juveniles, or an incident that is sensitive in nature it will moved to the Juvenile & Domestic Relations Court.

Juvenile & Domestic Relations Court is not open to the public and are heard with only those essential in the courtroom. 

Last but not least, there is Circuit Court that takes place usually in another part of the building separate from General District and Juvenile & Domestic Courts. Circuit Court is the big one, jury trials, grand juries, etc. are held here. In addition to that, when someone appeals a case from General District or Juvenile & Domestic Relations it goes up the chain to the Circuit Court for further review. 

All of these courts have judges in them and decisions are made every day in their courtrooms. This is just a general overview of the system to assist with understanding how the courts work and how LEOs respond to court.

Law enforcement officers are issued or are able to designate court dates in reference to hearing cases that they investigate. Both criminal and traffic related offenses requiring court are assigned a specific day to be utilized by the LEO during the appropriate times. LEOs are given days for both General District and Juvenile & Domestic Relations Court and must attend court on their designated days or they attend when they are subpoenaed to do so by the court requiring their attendance.

So on a designated court day, the LEO will respond to the courthouse in reference to attending all the cases he/she are involved with that are being heard that day. This usually is a combination of criminal and traffic offenses in both General District Court and Juvenile & Domestic Relations Court. 

If two cases are being heard at the same time the courts have set up a system to allow the LEO to attend both upon notification to the designated courtroom and the judges overseeing the case being heard. Upon completion of the court day, the LEO usually goes home, but on some days he/she returns to normal duty for the duration of the tour. 

Again, this is a general overview of the system but it should serve its intention of allowing for understanding of what a normal day is like for LEOs attending court when required to do so. 

Balancing Court & Law Enforcement Actions…

THE BRAIN...BEST PARTNER YOU CAN HAVE!

The study of Biological Bases for Behaviors have determined that all actions are routed through the Brain, even if the person isn’t aware of them. Nothing is done without the Brain’s consent and blessing to do so.

Now during times of stress or self-preservation the Brain is in super mode and time can appear to be slowed because of how fast the Brain processes information. It is sort of like the human superpower, an ability passed down by generations through evolution hard wired to keep the person alive during life or death situations.

Law enforcement officers are fully aware of this superpower and have utilized it in many situation even if they didn’t know it. Majority of the time it activates under extreme stress or in peril where the likelihood of death is increased. It may come under the guise of Fear, but experienced officers know that it is present to help not harm and will enable them to do things they normally couldn’t. 

A few years ago I had a conversation with a fellow officer who is now retired and living good on a beach somewhere enjoying life. However, that could have not been the case…this officer had been working undercover for five (5) years to catch a major drug trafficker and was discovered….

According to the officer, it was just like any other day where he/she was meeting the suspect to converse and setup a transaction of drugs. However, out of nowhere the subject called her/him by their actual name and attempted to cut his/hers throat with a blade. 

The officer stated that it happened so fast that he/she didn’t even realize that their throat was cut and bleeding, in response to the action the officer stated, “Muthafucker did you cut me!” while wasted no time in pulling out a weapon and beginning to shoot as he/she retreated to a position of cover. 

According to the officer, he/she felt no pain and his/her body felt weightless as they moved throughout the building looking for an exit fighting at times with associates of the main subject. The officer made it to an exit point where he/she was taken for further medical treatment. 

Per the officer, once she/he got into the car that’s when he/she realized that he/she was covered in blood as a result of the wound to the neck. I had to know so I asked from one officer to another….did you at least get the dude that cause the injury?....I got the response, “I may not have gotten anyone else, but I for sure got him…” 

The officer’s superpower kicked in and it saved her/his life in the process. The officer told me that the entire incident lasted about ten (10) minutes, but it felt like hours as she/he looked for the exit while dodging death at every corner. The officer stated that he/she felt Fearful, but was able to think clearly throughout the incident as if it wasn’t even happening. The conversation went on but I think you get the point so I will end it here. 

The Brain is the greatest asset an officer can have, it is there with him/her throughout their entire lives and hold their best interest in mind at all times. I say this because it not only allows for conscience behaviors, but also those actions that occur that are unconscious in nature and that could potentially save lives.

The Brain…Best Partner You Can Have! 

DEADLY FORCE CAN KILL YOU! EVEN IF YOU LIVE AFTERWARDS!

Law Enforcement Officers have a variety of different techniques and tools to utilize when it comes to resolving any given situation. Most incidents will be resolved without any kind of use of force, some will involve minor of use of force utilized primarily for gaining control of and taking a suspect into custody that doesn’t necessarily want to comply, then of course there are those incidents of use of force that Internal Affairs have to investigate to clear everyone involved of any wrong doing. Finally, Law Enforcement Officers can utilized Deadly force to resolve specific types of incidents. 

Majority of the time when someone hears Deadly force they immediately think of an officer shooting someone, however this can come in the form of not only shooting, but use of the a patrol car to hit someone can be seen as Deadly force, the results of utilizing an extendable to baton to strike an assailant in a critical area can be seen as Deadly force, and even the use of certain techniques in hand to hand combat or defensive tactics can be seen as Deadly force. The point is, Deadly force can be interpreted many ways when it comes Law enforcement actions. 

All LEOs are trained in the use of Deadly force, specifically the differences between situations that warrant Deadly force and those that do not. Some of the obvious one; protecting the lives of other officers, stopping a serious threat that would result in the loss of life or serious bodily harm if left to continue, stopping a fleeing felon that is known to be armed and dangerous, etc. Some that are not; anything related to property, any incident that doesn’t involve the potential loss of life, any incident that isn’t of felonies nature unless exigent circumstances exist, etc.

If Deadly force is being used, all other less lethal options have been deemed not effective in resolving the threat or incident at hand. That being said, not all options have to be explored before getting to the use of Deadly force they just have to be explored as options and deemed not effective. 

The use of Deadly force isn’t taken lightly, all those involved will be investigated as well as the situation itself that the force was utilized in. The officer(s) involved are investigated for potential murder until they are cleared as being justified in their actions. No they will not be held in jail, however they will not be present in uniform as well….they will be home waiting for the results. 

The media will say their part as they always do, either damning the officers for his/her actions or raising them up as a hero…all depends on what would sway the influence for people to watch their broadcast. The Officer will be questioned, then questioned again, then questioned again, and then questioned again before a determination is made. The results can be a justified result, a preventable result, or an unjust result. 

Anything but justified is considered bad because it can also open the agency and the officer up to civil claims…aka lawsuits from the victim’s family. Once the officer is cleared of any wrong doing, they can return to full duty and continue on with their career. If they aren’t cleared they can be charged for Murder and eventually sent to prison. 

This is a very serious action and like I said it isn’t taken lightly when it occurs. However, it is something that happens and something that all officers wake up knowing everyday could happen to them. This is a smaller scale version of the process obviously, but even this expressed how serious the use of Deadly force can be.

Deadly Force Can Kill You! Even if Your Alive Afterward!

SEIZURE IN PARADISE!

Law Enforcement Officers sometimes have to transport Emotionally Disturbed Persons (EDPs) to Mental Health facilities for the purpose of receiving mandated care. Some of the facilities are close, some of them are hundreds of miles away. The state has determined that's where they have space for the person…thus, that's where the officer will take said person. 

While state certified Clinicians are determining where there is space for the Emotionally Disturbed Person, the officer is normally at a hospital with the person getting medically cleared for the trip. This process takes HOURS and can sometimes go south really fast depending on the person pending transport. That being said, this topic of discussion is going to be surrounding a transport that my partner and I did that didn’t go so well unfortunately. 

So I responded to the call for service, determined through interviews with parents, friends, and the Emotionally Disturbed Person himself/herself that they wanted to harm themselves so they required further mental health assistance. The subject was cooperative, they were transported to the designated hospital without issue, received a mental health evaluation without issue, and then was told that they would be transported to a state hospital for treatment. Although the subject expressed that she/he did not want to go, no incidents occurred while getting them into the vehicle. 

The court order placing them in the custody of the state was issued and stated that the subject would require transport to a facility two-hundred (200) miles away. That is a great distance, not the furthest, but still pretty far. 

So my partner and I get going on the road without incident. We agreed that I would drive there and she’d drive back so it was far. While one officer drives, the other is monitoring the subject via a monitor connected to a camera that is recording the prisoner area within the vehicle. So it should be stated that majority of these type of transports are done out of the jurisdiction, hence no radio support, and no arrest authority. 

Only the transport is legal, that court order allows the officers to transport the person to the destination and return to their jurisdiction. Knowing that…an incident occurred during this transport and I want you to keep that in mind as I get through it. 

So while I am driving my partner tells me that the subject in the back of the vehicle is having what appears to be a seizure and are in need of medical attention. I stop the vehicle and sure enough the subject is having a seizure. We lay the subject on the ground on their side and give them space so the seizure can pass without the subject getting hurt. It passes and the subject regains consciousness as if nothing occurred, this is normal with seizures so it didn’t surprise me.

In response, I utilize my cell phone to call my supervisors to let them know what happened and to make sure we can still continue the trip. I didn’t any answer, so my partner and I decided to drive the subject to the nearest hospital to make sure they are okay…this is where the surprise comes in. The subject is fine, transport is completed without any further incident, the facility accepts the subject and then we return to our jurisdiction.

While driving back the bosses call me back and I informed them of what occurred, this is where things go south. Apparently, I wasn’t supposed to take the subject to the hospital…but instead call Rescue and have then respond to my position on the side of the roadway. I respond letting them know I acted with regard to the subject’s health, they still wrote me up though, but it wasn’t anything serious and after some fighting I got It removed nonetheless. 

At the end of the day, the subject was alright and that’s the overall goal so it was WIN in my book. To this day, I wouldn’t have done anything differently if I was in the same predicament under the same circumstances so I live with fighting management about it. 

Seizure in Paradise!

MISDEMEANOR? FELONY? WHAT'S THE DIFFERENCE?

So it has come to my attention that not everyone understands all the terminology utilized in the Law enforcement community and that I should clarify on some of what is being said as well as its meaning. Thus in light of this discovery, I will be discussing the difference between a Misdemeanor and a Felony to start. In addition to that, I will touch on how we determine whether the offense is what is called “Summons Releasable.” 

A Misdemeanor offense is defined as a violation of law that can be punished up to 12 months in jail w/a fine associated with it as well. This is considered to be a lesser offense in the eyes of the law, they usually come in varies sections or classes ranging from 1-4. A class one (1) Misdemeanor offense is worse than a class two (2) offense and so on so on. 

Not all Misdemeanor Offense have jail time, but all have a fine associated with them. Traffic violations are a sort of Misdemeanor offense, but it is more or less treated as a simple ticket. 

There are specific guidelines established by the courts that govern how Misdemeanor offenses are enforced by LEOs. When a traffic citation is issued it is on a form title “State” or “Jurisdiction” Uniformed Summons because although it is a Misdemeanor offense LEOs don’t take people to jail for majority of them, they just summon them to court or issue a fine and be done with it. 

The same can be applied to certain criminal actions, the court has deemed that specific types of Misdemeanor offenses can be enacted with the subject being released on a Uniformed Summons to court. The act of releasing someone charged with a Misdemeanor offense with a Summons to court is what’s known as “Summons Release.” 

Majority of Misdemeanor offenses are “Summons releasable”, however if the offense is violent or has a direct victim it is most likely not “Summons Releasable” and requires an arrest. That is a sort of general overview of what a Misdemeanor Offense is, it goes deeper obviously but this can serve an introduction of sorts. 

Now on the hand, a Felony offense is defined as a violation of law that can be punished up to life imprisonment/capital murder (depending on where you reside) w/a fine associated with it as well. Felony offenses normal come in classes or sections as well ranging from 1-6. 

There is only one (1) class one Felony and it is Capital Murder. Otherwise all other offense are diverted into the lesser classes. Felony offenses are the big crimes (i.e. murder, burglary, credit card theft, robbery, etc.) and thus are treated differently in the eyes of the law. There is NO Felony Summons Release, all Felony offenses require a custodial arrest be made. A Felony traffic violation will result in the citation being issued, however the subject will be taken into custody as well. 

Both Felony and Misdemeanor offenses are heard in General District Court, however Felony cases tend to require a trial w/ jury whereas Misdemeanor offense rarely go that far. Both offenses can be appealed to the Circuit Court for review if the subjects are not happy with the outcome in General District Court. 

So this is a very brief overview of the differences between Misdemeanor and Felony offenses, I am choosing to stop here, however there is a lot more that goes into it all...

Misdemeanor? Felony? What’s the Difference?

GOT DRUGS?!

Law Enforcement Officers utilize a variety of different proactive activities during down time that are goal oriented at catching violators of the law and bettering the jurisdiction served. 

Some of the activities (i.e. Traffic Stops) are done all the time and some activities (i.e. DUI enforcement) are more reserved for specific timeframes. No matter what the activity is, it is always goal oriented at catching a violator of law, it can be simply a violated of traffic law or a criminal offense requiring a custodial arrest of a subject. 

The discussion of the day will be surrounding the outcome of a proactive activity I was involved in and caught a violator on. 

While on patrol like normal I observed a vehicle roll right through a stop sign without stopping, thus I activated my cruisers lights and sirens to let the motorist know to pullover as soon as safely possible. 

Upon approaching the vehicle I could immediately smell the odor of Marijuana, when the driver rolled the window down to greet me I was able to determine the smell was coming from the vehicle. I asked the driver of the vehicle to exit and come talk to me at the rear of his/her vehicle in reference to the reason for the stop. The subject exits the vehicle without incident, I explained to the subject that I can smell marijuana coming from his/her vehicle and that is enough in the eyes of the law to establish probable cause for me to search her/his vehicle.

I asked the subject if any drugs or weapons are present in the vehicle, he/she replied stating “No” and then were given the command to sit on the curb while their vehicle was searched. My partner responded to the incident to watch the subject as I searched the vehicle (Officer Safety). I found several individually packed bags of marijuana, a scale, rubber bands, and a book of names w/numbers. It was immediately apparent that the subject in question was a drug dealer and what I had found was his/her supply to sell. 

Upon completion of the search of the vehicle I present the finding to the subject and asked for the truth, the subject attempts to tell me he/she had all those items to control the consumption of the marijuana and did not plan to sell any of it. I inform him/her that I do not believe them and that the evidence says otherwise. 

In the end, the subject was released on a Summons for Possession of Marijuana w/Intent to Distribute and given a traffic citation regarding the Stop sign violation. The subject wasn’t taken in custody immediately because in accordance with the Law of Arrest he could be released on a Summons due to the incident being deemed a Misdemeanor due to the amount of marijuana recovered. In addition to that, the marijuana was obviously tested at the scene and then taken as evidence. 

The overall point is that the narcotics violations was discovered through a proactive activity (the traffic stop), thus proving the value of said proactive activities. This isn’t the only instance where this happens, however it was a good reference to assist in getting the point across. LEOs do activities like this one all the time and discover all sorts of different criminal acts... 

Got Drugs?!