Cuff 'N Stuff
The Internal Newsletter of the Wise County Sheriff's
Department
06-16-00
|
Cuff 'N Stuff 06-16-00 |
|
Dumb CrooksTM Stickup Artists captured by Sandwich Artist Edmonton, Ontario - Hunger won out over intelligence on New Year's Day when two crooks were lured back into the fast-food shop they'd just tried to rob by a clerk promising them free sandwiches. The clerk, who asked to remain anonymous, said two men came into his Subway outlet and ordered two sandwiches. But while they were being prepared, one of the men pulled a knife and demanded cash. Instead of handing over the money, the clerk locked the till and set off an alarm while wrestling the knife away from the man. The pair bolted from the store but the clerk ran after them, shouting that he would give them free food if they came back. Police arrived not long afterward and arrested the pair as they patiently waited for their sandwiches. Bowling for Mop-Heads An armed robber who planned to steal cash from a Prince William County bowling alley was caught Monday after he held up a delivery-truck driver with a sawed-off shotgun and ran off with a bag full of mop heads, police said. Prince William County police said Dennis Wayne Sullivan, 23, of Front Royal, had watched the Bowl America bowling alley and planned to steal a regular cash pickup. Sullivan allegedly jumped out from behind the building on Balls Ford Road about 8:30 a.m. Monday and stole a bag from a uniformed delivery-truck driver who was carrying cleaning supplies. The thief, who was wearing a mask, dropped the bag after discovering the mops. Sullivan was charged with attempted armed robbery, use of a firearm in the commission of a felony and other charges, police spokesman Dennis Mangan said. Copyright ©2000 Dumb Crooks
Captain's Corner - David Walker Summer Time is Here! June has come and almost gone with hot July and August on the way. During the past few years in July and August I have noticed an increase of calls involving alcohol induced disturbances. Sometimes I wonder if the violent calls we respond to are directly related to the alcohol people drink to help cool them down. In reality, the alcohol does just the opposite, by putting them on edge and making it easy to push them over the edge. When responding to disturbance calls keep in mind the three “C’s”: CONTROL yourself, CONTROL the aggressor or suspect, and CONTROL the atmosphere you are in. A family violence call, a simple call, can turn violent in a matter of seconds. Keep in mind that we must get there before we can help a victim. Not all calls require us to run code 3 and/or exceed the speed limit. I do understand the importance of responding as quickly as possible, but the safety of you and others on the roadway is paramount. We will have several extra patrol opportunities this summer, one being the Wise County Park. Several years back, the park was not anyplace where anyone wanted to bring their kids. With hard work from public works and the S.O., the Wise County Park now has a family oriented atmosphere. Last year we used the Explorers, along with patrol deputies riding 4-wheelers in the park area. This year we will add the mounted patrol and again use 4-wheelers for patrolling the park area. We want the park to remain a place for the entire family. Even if you are not on the extra patrol, the precinct deputy should go through the park every chance he gets, not just during the holiday weekends.
Deputy Brian Tyner took a vacation to California and has provided me with a photograph of a man needing money for weed. Much like California, our drug problem is also getting larger. I have been working on several areas of prosecution for our drug cases, one of those areas being federal prosecution. On any case that may have federal jurisdiction, we will be forwarding the case to the FBI, ATF, or the DEA, depending on what type of case it is. On any report we write, keep in mind that your report must reflect the facts, and all of the facts, as you are beginning the process of “preparing for court.” “LET’S BE EXTRA CAREFUL OUT THERE”
Legal Issues - Justification for Stop DRIVING ON FLAT TIRE JUSTIFIES STOP TO PROTECT SAFETY OF DRIVER AND OTHERS In the early morning hours, a police officer watching a bar parking lot saw the defendant’s car being driven past at forty to forty-five miles an hour with a flat tire. The officer thought that the flat tire, together with the speed of the defendant’s car and the fact that it was raining, was unsafe. Because he believed that the defendant was unaware of the flat tire, the officer decided to stop the defendant, warn him about the flat, and offer his assistance. The officer turned on his emergency lights while the defendant was stopped at a red light, and got out of his police car. When the light turned green, the defendant drove away, forcing the officer to stop the defendant’s car a second time. When the officer contacted the defendant, he smelled a strong odor of alcohol that “nearly knocked (him) down.” The defendant was arrested and charged with DWI. The defendant moved to suppress the evidence of his intoxication, claiming that the officer lacked sufficient suspicion to detain him, The State responded that a “community caretaking function exception” justified the stop. HOLDING: In Hulit v. State 982 S.W.2d 431, the Court of Criminal Appeals considered whether a “community caretaking exception” permitted officers to contact a driver slumped over the steering wheel of a stopped car because they thought the driver might be having a heart attack. Without the approving community caretaking exception, the Court nevertheless held the officer’s actions reasonable under a totality of the circumstances. At least one other appellate court has approved a stop based on a possible need for roadside assistance. “When an officer has a demonstrable reason to believe a person needs assistance, a stop is justified for the limited purpose of determining if assistance is appropriate.” The officer in this case acted reasonably in stopping the defendant’s car. The defendant was driving at forty miles per hour at night, in the rain, with a flat tire. These circumstances provided the officer reason to stop the defendant in order to assist him, or for the safety of others on the road. COMMENT: The Court of Criminal Appeals held in Wright v. State, ,7 S.W.3d 148, that a community caretaking function exception does exist in Texas. Several factors, including safety, determine whether an officer may stop a citizen in order to assist him or her. Sweeney v State, S.W.3d 670 (Tex.App.-Houston 1999).
TCLEOSE Proposed Regulations—Phil Ryan There are some TCLEOSE regulations being considered that will affect all of us, so all of us should speak our piece. One proposal that I am struggling with has to do with education requirements. The proposal is to require 30 semester hours from an approved college starting 1/1/2002, 60 hours starting 1/1/2006 and a bachelor's degree beginning 1/1/2010. I have mixed emotions on this. I think that the pay will have to increase significantly to attract these requirements. Which is good, but if we look at the teaching profession, it might not be great. I think that it would definitely cut the number of applicants down considerably. I have also noticed that education does not take the place of common sense, good attitude and good work ethics, all of which are needed in good officers. I need some input so I can challenge or bless the proposal. My thoughts right now are to increase it to 15, then 30, then study the impact before going any further. The first draft of this includes jailers that already have an almost zero applicant pool. The cry from sheriffs was loud and long, so this is not being considered, even though it still appears in some publications. Also, they are considering phasing out the reserve certification and making all officers certify as basic police officers. I support this for obvious reasons. It will not affect our reserve program, just the required certification. The other change is to address weak training academies and that is one I support without question. We discussed these at the last board meeting at COG, so I know some feelings of North Texas administrators, but I would like to hear from those of you on the front line. Let me know your feelings so I can factor them into mine. E-Mail your comments to Ryanp@sheriff.co.wise.tx.us Complete text of proposed changes may be found at
From the Chaplain - Marilyn Featherstone PERSEVERANCE!! Two frogs fell into a can of cream, But number two, of sterner stuff,
June—July Birthdays June
July
|
|
Crime Does Not Have To Be A Fact Of Life |
