As we remember the 120 LEOs who gave their lives in 2012 in service to their communities, we also remember those LEOs who were permanently disabled. In honor of Police Week, I will post my speech to the Kiwanis. Stay safe. Click Here To Watch Video

This situation is not uncommon and creates a challenge for many LEOs. You see, LEOs spend their career putting the pieces of puzzles together. A domestic violence victim refuses to tell you how her left eye socket was fractured, but the scratches on her husband’s  dominant right hand along with his disjointed version of the facts provides enough probable cause for an arrest. However, unlike building probable cause or reconstructing events from witness statements, answering questions during an investigation into an OIS requires that you provide “just the facts.”

The use of deadly force is necessarily a very subjective decision. Even LEOs standing next to each other may perceive a threat differently. Therefore, you must relate only those facts known to you and allow your perceptions to explain your actions. This means that you may not have the full picture of events when you give your statement.

This is yet another reason why LEOs must have time to rest before giving statements after an OIS or any critical incident. Even if the LEO I represented above did not see the suspect raise a weapon at his partner, he can provide critical details such as the use of any verbal commands that he heard, the number of shots, and the position and relative distance of the suspect and his partner when he came around the corner of the house. However, no matter how many times he is asked, he will not able to provide details about events he did not witness.

After securing adequate rest and consulting counsel after an OIS or other critical incident, provide the truth and explain why you were not able to witness some events. Expect the investigators to ask numerous questions even though you may not be able to provide some details. Herman Melville wrote, “The truth uncompromisingly told will always have its jagged edges.” The truth may present challenges but it is always defendable. Stay safe.

The case involves a K9 visit to a home under surveillance. LEOs brought the dog to the home and onto the front porch. Once on the porch, the K9 did what he was trained to do: search the air around him for the presence of narcotics.  When the dog alerted on the front door, LEOs sought and received a search warrant for the home. Upon executing the warrant, Jardines was charged with trafficking in cannabis.

The USSC took the case to decide if the use of a K9 in this manner constituted a search of the home without a warrant. The Court focused on the location searched and found the use of a K9 to be far different from a LEO simply approaching the door to knock and make contact with the homeowner.  ”The front porch is the classic exemplar of an area adjacent to the home and ‘to which the activity of home life extends.’” Therefore, the Court held that the use of a K9 on the front porch to search the air around and emanating from the house exceeded the normal entry onto the property by the average person and implicated the Fourth Amendment.

The Court stated, “An invitation to engage in canine forensic investigation assuredly does not inhere in the very act of hanging a knocker [flyer]. To find a visitor knocking on the door is routine (even if sometimes unwelcome); to spot that same visitor exploring the front path with a metal detector, or marching his bloodhound into the garden before saying hello and asking permission, would inspire most of us to—well, call the police.”

My curiosity extended to all types of crimes, but especially violent crimes. I suppose that is why I became a hostage negotiator. I guess part of me used this philosophical inquiry to get through the tougher times on the street as it helped to distance me from the horrific things I saw people do to one another as well as to me and other LEOs.

I suppose this constant cogitation is behind my vehement opposition to gun control. I have seen evil people capable and willing to commit evil acts irrespective of the type or sophistication of the object in their hand or within their grasp. I always advocated for getting to the bottom of why people committed crimes and not trying to eliminate the tools they used to commit the crime.

Recently in Brunswick, Georgia, we received a stark reminder of just how right I am when a 17 and 14 year old tried to rob a woman. They shot her in the leg and shot her 13 month old baby in the face killing the child. The motivation and cold heart behind that act is the true evil to be remedied. Take away the firearm and you still have a 17 year old willing to take the life of an infant. Anyone capable of killing an infant is certainly capable of killing a LEO. If we fail as a society to attack and remedy that type of motivation, no amount of gun control will protect us. Stay safe.

Perhaps this convicted rapist, Gary Allen Irving, thought that the LEOs involved in the investigation, capture and prosecution of his rapes and kidnappings retired and moved on with their lives. Like most criminals he underestimated the dedication, skill, and perseverance of American law enforcement.

Not surprisingly, this fugitive was unlawfully in possession of numerous firearms. No new laws needed in this regard. As a fugitive and a convicted felon, the law prohibits him from owning any type of a firearm. If you follow this blog, it is the right of his neighbors to be armed that I support with every fiber of my being. They will rest a bit easier thanks to the efforts of the brave LEOs who collected the trash in their neighborhood.

This case is a reminder to all LEOs about the unknown dangers they face every day. I would be hard pressed to believe that this fugitive never had any contact with law enforcement throughout those 34 years on the run through a traffic stop, motor vehicle crash, or witness statement. Thank God he didn’t choose to take the first shot.

While I doubt Emily Post ever devoted a chapter to this, it is just plain rude to not show up when a court requests your presence. How nice of these LEOs to transport him to his appointment! I guess we can add “enforcers of etiquette rules” to the job duties of the average LEO! Stay safe.

I always ask the LEO two questions. First, “Are you a member of the Fraternal Order of Police Legal Defense Plan? Second, what are your rights in your agency? Hopefully the answer to the first question is “Yes” so you will have the ability and resources to retain legal counsel. I am surprised that the answer to the second question is almost always, “I have no idea!” That is a frightening response.

In some situations, your rights come from collective bargaining agreements while in others, you may have due process protection through a state Peace Officer’s Bill of Rights. However, even in those situations, you must read the agreement or statute to know what to expect and how to trigger the protections afforded to you. In other departments, LEOs may be covered by a civil service or merit system that sets out procedures that must be followed prior to the implementation of discipline. You can learn about these procedures by reading the rules of your agency and the rules of the civil service or merit system. The rules set out critical appeal processes that must be followed.

For LEOs who have no such protection, do not forget that your agency must still follow state and federal law such as the Americans with Disabilities Act and the Fair Labor Standards Act. If you believe you have been treated unfairly, act quickly and speak with a lawyer!

Like any other game you may play, you must read the rules before you enter the arena.

Stay safe.

Now I am a big proponent of LEOs using Facebook and other forms of social media. The reason is simple: you should not sacrifice your First Amendment rights and your freedom to associate in the most common forms of interaction just because you are a public servant. LEOs have enough restrictions placed upon them. Few professions and few professionals would survive if their “off-duty” conduct was subject to scrutiny and any missteps would lead to their dismissal. However, with rights come responsibilities and LEOs must take precautions to ensure that they are using social media wisely to protect their professional images, their careers, and the safety of themselves and their families.

So, a few absolutes. First, NEVER post your date of birth or home address on social media. Second, use the privacy settings to limit access to your site. This includes making ALL of your content private and allowing only friends and family to access your site. Third, do not allow people to post on your site without your approval. This will prevent your friend from tagging you in a picture that should never have been taken in the first place. Fourth, use the front page test; would I care if my comment, photo, “like,” “share,” or other post appeared on the front page of the local paper? If the answer is “NO!” then keep it off your site.

Common sense goes a long way. Learn to use the tools the sites provide to protect yourself. Remember, what happens in Vegas, ends up on Facebook!

Stay safe.

Pick up a copy of Lance’s book, “When Cops Kill: The Aftermath of a Critical Incident” at www.whencopskill.com. All profits will benefit law enforcement charities.

What does it mean to appear at a deposition? You remember from school leaders and kings who were “deposed” and that did not seem like a pleasant process or outcome! Fortunately, this is different.  A deposition is a process used during court cases to obtain testimony under oath that may be used later during the trial. Although they can be used in criminal cases, most depositions are taken in civil cases.

During the typical deposition, the lawyers will ask questions about your knowledge of and involvement in an incident, and sometimes your training and understanding of departmental policy. Although the process seems informal, it is very serious. Your deposition testimony can be used in court and can also be used to justify adding you to an existing lawsuit! Therefore, you should never appear at a deposition without an attorney. The only exception may be when the deposition concerns an accident you investigated and your department, government entity and fellow officers have not been named in the suit.

There are three reasons why you should always notify an attorney and your chain of command if you receive a subpoena for your deposition. First, you will need to make certain that you can appear at a convenient time when you are well rested. Do not appear at 0900 when you just finished your shift! Second, you will need time to prepare and access to the documents necessary to allow you to prepare. Finally, if the deposition concerns your department, the department should provide a lawyer to help you prepare and to sit with you to ensure your rights are protected.

Like anything else, a deposition can be intimidating because it is unfamiliar territory. However, if you are properly prepared and well represented, there is nothing to fear.

Stay safe.

Pick up a copy of Lance’s book, “When Cops Kill: The Aftermath of a Critical Incident” at www.whencopskill.com. All profits will benefit law enforcement charities.

The use of deadly force by a LEO in the performance of her duty is a legal defense to prosecution known as a justification.   It is your burden to establish that defense. When the evidence is not sufficient to carry the day, the LEO’s statement becomes critical. Your perceptions, knowledge, physical abilities and experience become the focus of an intense effort to determine if your use of deadly force constituted a crime or a lawful arrest.

Although many times these matters are resolved quickly by the prosecutor or a grand jury, LEOs have been prosecuted for their on-duty use of deadly force. In my review of some of those instances, I believe critical mistakes were made during the initial investigation and the LEO was left alone to establish the affirmative defense to prosecution.

The Fraternal Order of Police Legal Defense Plan protects LEOs in these instances. If your attorney is approved by the plan, there is no limit on the amount of legal fees expended on your behalf. Legal bills for a criminal defense through a trial and appeals can exceed $50,000.00. For less than $1.00 per day, you can be protected. The nightmare may still be just as scary, but you will be able to stand and fight because giving up is overrated.

Stay safe.

Pick up a copy of Lance’s book, “When Cops Kill: The Aftermath of a Critical Incident” at www.whencopskill.com. All profits will benefit law enforcement charities.

In this instance, the call for my assistance came from his brother officer who was an FOP member and friend of mine. He contacted me when he heard about the shooting. He had my cell number and had no trouble reaching me. However, this occurred because of advanced planning. The LEOs in this department and the local FOP lodge coordinated efforts to make certain that LEOs are able to contact an attorney on a 24-hour basis. The attorneys you contact must be able to answer your questions, respond to the scene, make certain that proper procedures are followed and that your rights are protected.

The use of deadly force and the response of an attorney after an OIS have something in common: in either case, there are no mulligans. The mistakes made in the first 72 hours after an OIS will have a ripple effect for many years to come through the criminal investigation, media inquiries and any civil suit that follows. So, like anything else, plan ahead. Know what attorneys are experienced in this area and are willing to respond any time. There is a lot to do after an OIS. You will not have time to open a phone book to find an attorney.

Stay safe.

Pick up a copy of Lance’s book, “When Cops Kill: The Aftermath of a Critical Incident” at www.whencopskill.com. All profits will benefit law enforcement charities.