U.S. Supreme Court Review for 2011

It was an active year in 2011 for the Court in the area of criminal procedure and 2012 looks to bring forth at least two interesting decisions from the Court which will have an immediate impact on our nation's police officers.  Click the link below for the full PoliceOne article with my review of the year's important cases for law enforcement.
http://www.policeone.com/legal/articles/4781656-2011-in-Review-7-key-decisions-of-the-U-S-Supreme-Court/
Let us remember our fallen fellow officers and service members.  Tragically 2011 is ending as did 2010 as a bloody December for our nation's police officers.  To all stay safe and secure this year and always.

Videotaping the Police -- A Brief Legal Analysis

It seems there are more stories these days about police officers arresting citizens who videotape them in public while performing their duties.  Often times the story is a follow up to the charges being dismissed and the citizen and his or her civil attorney announcing a lawsuit for false arrest.  Are these arrests advisable?  Are they legitimate arrests?  It all depends on the grounds for the arrest and the surrounding factual circumstances.  An arrest for exercising a right -- very likely a 1st Amendment right -- is not permissible, however, if in the exercise of that right a citizen violates a specific law then the arrest is for conduct other than the exercise of the guaranteed right.  Still, it is dangerous ground for an officer to tread.  Officers are public figures and have to be expected, in this age of advanced technology and social media, to be scrutinized more closely.

A quick legal analysis is provided at PoliceOne by clicking the link below: 

http://www.policeone.com/legal/articles/3801254-Videotaping-the-police-A-brief-legal-analysis/

Safety for cops and the community

The news media is overflowing with stories out of Wisconsin, Ohio and other parts of the country placing daily blame on public sector salaries and benefits for present economic woes.  Police officers are being laid off across the U.S. in numbers not seen since the 1970's.  On the streets officers are being killed at alarming rates that have increased over the past two years.  Where is the accountability at the local, state and federal level for officer safety? 
http://www.policeone.com/patrol-issues/articles/3439420-Accountability-and-officer-safety-Whos-got-our-backs/

Police Memorial

R.I.P. Detective Falcone, City of Poughkeepsie P.D., killed in the line of duty, February 18, 2011.
http://www.policeone.com/patrol-issues/articles/3385216-Mourning-our-slain-LEOs/

The Art of Testifying

Say what you will but no matter how good a police officer may think he or she is at their job they are only as good as their last conviction.  If an officer does not know how to work with the district attorney's office, how to handle pesky defense attorneys on cross-examination and how to deliver their testimony then they have only half of the job figured out.  Testifying in court and being comfortable while doing so is a learned and acquired skill.  Too many officers do not take the time to improve this crucial job skill.  The link below is to a recent article for PoliceOne I wrote.  It is not meant to be inclusive but just to highlight some important aspects of the art of testifying.

http://www.policeone.com/legal/articles/3325033-4-keys-to-success-on-the-stand/

Use of Force Policy Implementation

http://www.policeone.com/legal/articles/3199248-Key-considerations-for-good-use-of-force-policies/

As always the use of force remains the number complaint against police officers and the main source of departmental liability.  When a critical incident occurs or a lawsuit is filed agency administrators do not want to be scrambling to up date use of force policy.  By having sound, current policy in place administrators can be confident their officers will respond properly and be protected in the aftermath.

Cop Bashing Without All the Facts

http://www.policeone.com/legal/articles/3257436-The-legal-system-versus-inflammatory-rhetoric/

All too often now we witness zealous plaintiff's attorneys jumping on the anti-police bandwagon without sifting through the facts.  Trials are held in the media and facts are distorted.  The full range of facts on this NYPD case are not all disclosed yet -- maybe the officers were wrong in their behavior and then maybe they were not.  But it is not a matter to be tried in the press.