Cuff 'N Stuff
The Internal Newsletter of the Wise County Sheriff's
Department
01-14-00
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Cuff 'N Stuff 01-14-00 |
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We continue to have problems with our spitting employees, only this time they picked on the wrong trash can. The Fire Marshal's trash can had spit in it with no signs of a fire. So, there is no excuse for that or any other can, or for leaving cups sitting around.
Dumb Crooks The following are actual questions asked of witnesses by attorneys during trials. Reported by the Massachusetts Bar Association. “Now Doctor, isn’t it true that when a person dies in his sleep, he doesn’t know about it until the next morning?” “The youngest son, the twenty year old, how old is he?” “Were you present when your picture was taken?” “Were you alone or by yourself?” “Was it you or your younger brother that was killed in the war?” “You were there until the time you left, is that true?” “How many times have you committed suicide?” “So the date of the conception of the baby was August 8th?” “How was your first marriage terminated?” “Can you describe the individual?” “Is your appearance here this morning pursuant to a
deposition notice which I sent to your attorney?” “Doctor, how many autopsies have you performed on dead
people? “Were you shot in the fracas?” “Do you recall the time that you examined the body?”
From the Chief Deputy - Doug Whitehead This week the The US Supreme Court has reversed a lower court decision that has far reaching ramifications to the police. The Supreme Court ruled that a person's flight at the mere sight of a police officer could often, in the context of other factors, be suspicious enough to justify police in conducting a stop-and-frisk search. Although all nine justices agreed with that broadly stated view, the court split 5-4 on how to apply it to the facts of a Chicago case in which a man bolted at the sight of a convoy of police cars. An officer chased him down an alley and found that he was carrying a loaded gun. The majority, in an opinion by Chief Justice William H. Rehnquist, held that the man's presence in an area known for heavy narcotics trafficking, combined with his unprovoked flight, justified the search. In its appeal, the state of Illinois had requested a flat rule the other way: that unprovoked flight always gave rise to reasonable suspicion, regardless of the presence or absence of any other element. The U.S. Supreme Court on Wednesday did not go that far, adhering instead to its traditional inquiry into the broader context. "The determination of reasonable suspicion must be based on commonsense judgments and inferences about human behavior," wrote the chief justice. The majority opinion did make clear that flight alone would not automatically justify a stop, but it should be given heavy weight in any analysis. "Headlong flight -- wherever it occurs -- is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but it is certainly suggestive of such," he said. The decision was an application of the court's 1968 decision in Terry vs... Ohio, which for the first time authorized a warrant less, brief detention and search of a person acting suspiciously but under circumstances less conclusive than probable cause. Rehnquist wrote in Wednesday's ruling that "in allowing such detentions, Terry accepts the risk that officers may stop innocent people." But, get your hands off the red lights and siren, because the decision in its entirety was some what cryptic and did not set out with specificity what elements must be combined with the flight alone to constitute "reasonable suspicion" to conduct a "stop and frisk" or "Terry Stop". It may be some time before the Texas Courts interrupt this US Supreme Court Decision as it applies to Texas Statutes.
Legal Issues - Can Juvenile Offenders Be Placed in Unlocked Room? CAN JUVENILE STATUS OFFENDERS IN LAW ENFORCEMENT CUSTODY BE PLACED IN AN UNLOCKED ROOM OR OFFICE WITHIN A POLICE HEADQUARTERS THAT HAS CONTROLLED ACCESS? Section 223(a)(12)(A) of the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, as amended, specifies that juveniles not charged with acts that would be crimes for adults “shall not be placed in secure detention facilities or secure correctional facilities.” In addition, Section 223(a)(14) of the JJDP Act provides that “no juvenile shall be detained or confined in any jail or lockup for adults, except that the Administrator shall promulgate regulations which make exceptions with regard to the detention of juveniles accused of “nonstatus” offenses.." OJJDP policy provides that a secure detention or confinement (custody) status has occurred within an adult jail or lockup facility when a juvenile is physically detained or confined in a locked room, set of rooms, or cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody. Secure detention or confinement may result either from being placed in such a room or enclosure and/or from being physically secured to a cuffing rail or other stationary object (Federal Register, Volume 53, No. 212, November 2, 1988). Under this policy, a juvenile held in a law enforcement facility that was secured to prevent unauthorized exit would be detained or confined in a “set of rooms” within the facility, and thus would be in secure status. With respect to the question, the answer turns on what is “controlled access.” If controlled access is defined as restricting movement out of an area through the use of “construction fixtures,” such as a keyed exit or by being electronically “buzzed” out, such that the juvenile could not leave the area under his or her own volition, then it would be OJJDP’s position that a status offender detained within the controlled access area would be in a secure custody status. Further, the secure custody status would apply to a status offender held in an unlocked room or office within the area of controlled access. However, if controlled access was accomplished through the use of the facility staff, and a status offender were able to leave the facility, if not prevented from doing so through the presence or actions of facility staff, then the status offender would not be considered to be in a secure custody status within the facility (in such case the facility would be “staff secure”). Finally, if controlled access only restricts entry into the facility by unauthorized persons, then a status offender in an unlocked room or office that is not otherwise designated, set aside, or used for secure custody purposes, would be in a “nonsecure” custody status. In summary, if a status offender in law enforcement custody is held in an adult jail or lockup facility that restricts exit from the facility through the use of “construction fixtures,” whether in a room or set of rooms (that may include the entire facility), that status offender is in a secure custody status (i.e. is securely detained or confined) in violation of both Section 223(a)(12)(A) and Section 223(a)(14) of the JJDP Act. These core protections do not permit a status offender to be detained or confined in a secure custody status for any length of time in an adult jail or lockup. A related situation, dealing specifically with adult jail or lockup booking areas, should be noted. While a booking area may be secure, a juvenile being “processed through” this area is not considered to be in a secure custody status when: (1) a secure booking area is all that is available (2) continuous visual supervision is provided throughout the booking process; and (3) the juvenile only remains in the booking area long enough to be photographed and fingerprinted ((consistent with State and/or judicial rules). Continuing custody for the purposes of interrogation, contacting parents, or arranging an alternative placement must occur outside the booking area if the juvenile is to remain in a “nonsecure” custody status (Federal Register, Volume 53, No. 212, November 2, 1988). Consequently, if a status offender is transported to an adult jail or lockup facility with “controlled access” that restricts exit from the facility, solely for the purpose of being booked, and the juvenile is immediately removed from the facility following processing, the juvenile would not have entered a secure custody status. Therefore, no violations of Section 223(a12)(A) and (14) of the JJDP Act would have occurred.
Building Bridges for Tomorrow “Was and old man, going a lone highway ‘Old man,’ said a fellow Pilgrim, near The builder lif’d his old gray head Author Unknown—199th FBI National Academy
From the
Chaplain -
Marilyn Featherstone Just for today: Just for today, I will live through this day only and not set far reaching goals to try to overcome all my problems at once. I know I can do something for 24 hours that would overwhelm me if I thought I had to keep it for a lifetime. Just for today, I will be happy. Abraham Lincoln said, “Most folks are about as happy as they make up their minds to be.” He was right. I will not dwell on thoughts that depress me. I will chase them out of my mind and replace them with happy thoughts. Just for today, I will adjust myself to what is. I will face reality. I will correct those things that I can correct and accept those I cannot. Just for today, I will not be a mental loafer. I will force myself to read something that requires effort, thought and concentration. Just for today, I will do something positive to improve my health. If I’m a smoker, I’ll make an honest effort to quit. If I’m overweight, I’ll eat nothing I know to be fattening. And I will force myself to exercise-even if it’s only walking around the block or using the stairs instead of the elevator. Just for today, I will make a conscious effort to be agreeable. I will look as good as I can, dress becomingly, speak softly, act courteously, and not interrupt when someone else is talking. Just for today, I’ll try not to improve anybody except myself. Just for today, I will have a program. I may not follow it exactly, but I will have it, thereby saving myself from two pests; hurry and indecision. Just for today, I will gather the courage to do what is right and take the responsibility for my own actions. We know so much more about nutrition and how much exercise and sensible living can extend life and make it more enjoyable; so just for today, I’ll take good care of my body so I can celebrate many more happy new years. Based on the original credo of “Al-Anon”
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Crime Does Not Have To Be A Fact Of Life |
