Cuff 'N Stuff
The Internal Newsletter of the Wise County Sheriff's
Department
06-30-00
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Cuff 'N Stuff 06-30-00 |
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Dumb CrooksTM Españoles? Salt Lake City police learned about a house of prostitution because the owner decided to advertise. She printed up some fliers in Spanish that described the nature of her business and the location of the house, complete with a map. Apparently, she didn't realize that there are police officers who can read Spanish, too. Number, Please HOLYOKE, Mass. - When her car was stolen a Springfield woman dialed the number of her cell phone, which was still in the car, police said. When a man answered she told him that she really needed her car and offered to give him $1,000 if he would return it. He agreed. Her next call was to police. Holyoke Police Capt. Frederick Seklecki said Thursday that when the woman, who he did not identify, described the ransom deal, he figured no one would show, but the stolen car pulled up to the curb at nearly the appointed time last weekend. ''We were shocked,'' Seklecki said. ''He was only about four minutes late.'' The driver, Christian Blandino, 19, of Springfield, was arrested on charges of receiving stolen property and driving without a license, Seklecki said. Man steals steamroller A Los Angeles man who later said he was "tired of walking," stole a steamroller and led police on a 5 mph chase until an officer stepped aboard and brought the vehicle to a stop. Is the Runway Clear? A Florida woman was charged with driving while intoxicated and trespassing after she drove through a gate at Tampa International Airport and onto an active runway. A Boeing 737, in the process of taking off, had to move to the side of the runway to avoid hitting the car. The woman told police she became upset after fighting with her boyfriend. Copyright ©2000 Dumb Crooks Www.DumbCrooks.com Used with permission
Happy Birthday, America "The Second Day of July 1776 will be the most memorable Epocha, in the History of America. . . . It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfires, and Illuminations from one End of this Continent to the other from this Time forward forever more."
The momentous decision of the Continental Congress to sever its ties to Great Britain came on July 2, 1776, which is the date that John Adams thought should be celebrated by future generations. The Declaration of Independence, drafted mostly by Thomas Jefferson, and edited by his colleagues in the Continental Congress, was adopted 2 days later. The Declaration was a stirring call to throw off the bonds of tyranny. This revolutionary document expressed an abiding faith in humanity and political ideals to which this nation still aspires. The Declaration of Independence has been called the birth certificate of the United States, and it is its adoption that Americans celebrate each year with fireworks on the Fourth of July. In a resolution, adopted July 2, 1776, the Continental Congress affirmed their independence from great Britain. The words of the resolution, originally proposed by Virginia delegate Richard Henry Lee, are echoed in the Declaration of Independence.
The lower part of the document (left) lists the 12 colonies that voted "aye" for independence on July 2, 1776. The 13th colony, New York, abstained, awaiting approval from the newly elected New York Convention. The first printing of the Declaration of Independence was produced during the night of July 4, 1776, by printer John Dunlap. These first printed copies of the Declaration of Independence were delivered to the Congress on July 5. The official copy of the Declaration of Independence, which was signed by the delegates to the Continental Congress on August 2, 1776, is enshrined and on permanent display along with the Constitution and Bill of Rights in the Rotunda of the National Archives. The document on this page is from the Papers of the Continental Congress, the official records of the pre-federal government of the United States, which are held by the National Archives. The papers, consisting of about 50,000 documents (170,000 manuscript pages) were created or received from 1774 to 1789. Find out more at http://www.nara.gov/exhall/originals/declarat.html
Legal Issues STOPPING AND CHASING, or IS IT THE OTHER WAY AROUND? The U.S. Supreme Court recently decided two cases that are important for police administrators because they further clarify the murky line between seizures and voluntary encounters. The justification for a Fourth Amendment “seizure” effects more than the admissibility of evidence in criminal prosecutions, it is also the starting point for encounters that evolve into confrontations that may result in a lawsuit for false arrest or excessive force. 1. Florida v J.L. Reasonable Suspicion for an Investigative Stop Does Not Arise from a Mere Anonymous Tip.
a) The Facts In Florida v. J.L., officers received an anonymous tip that a black male with a plaid shirt was carrying a concealed weapon at a particular bus stop. When officers arrived, they observed three black males, one wearing a plaid shirt. He was immediately frisked and a concealed weapon was discovered. b)The Law The two cases that form the foundation of this opinion are Alabama v White and Adams v. Williams. In White, an anonymous tip justified stopping a vehicle with reasonable suspicion. However, unlike the information in Florida v J.L.,the tip in White was predictive in nature. The tip told officers what White was going to do, not what she was currently doing. After officers observed White do what the anonymous caller predicted she would do, officers stopped her and obtained consent to search her vehicle. Independent corroboration of predictive facts by officers can still justify reasonable suspicion to stop. The significance of (1) independent corroboration by the officers and (2) the predictive nature of the information cannot be understated. In Adams, the tip came from a known informant. The information was almost the same as in Florida v J.L. (the defendant had a weapon and was sitting in a car), but the informant was identifiable, thus giving an added dimension of credibility. Distinguishing these two cases from Florida v. J.L., the anonymous informant provided no predictive information and only gave a clothing description and location of the suspect. Since this type of tip frequently occurs in police work, it is important to train officers what they can do instead of simply telling them they cannot stop the suspect. (c) What can officers do with an anonymous tip? First, be patient enough to develop reasonable suspicion. There is no rule that requires officers to just drive up and start frisking everyone in sight. Officers can observe from a distance, conduct covert surveillance, and approach anyone to talk without conducting a seizure. During a voluntary encounter, officers can ask questions (no Miranda warnings are required because the person is not in custody) and observe clothing for bulges, check any names provided for warrants, and even follow the suspect in public. During this observation period, the suspect may provide additional evidence such as flight, admissions, or a consent search. 2. Illinois v Wardlow Reasonable Suspicion to Chase is Not Automatic when People Run. (a)The Legacy of Hodari Wardlow addresses the unresolved issue identified in the famous footnote 1 from California v Hodari D., where the state of California conceded without arguing that flight from an officer did not justify reasonable suspicion. Therefore, in Hodari the Court was forced to address only the issue of whether the pursuing officer had reasonable suspicion to seize the suspect at the moment he was tackled. Since Hodari discarded his drugs during the pursuit, the Court ruled the officer developed his reasonable suspicion during the pursuit upon seeing the drugs fly from the suspect’s hand. This case has led some to conclude with amusement that you could chase as long as you did not catch a suspect without reasonable suspicion. (b) The Danger of Misinterpreting Wardlow confirms that unprovoked flight is a proper factor when determining if there is reasonable suspicion to stop, but flight alone, without more, still does not justify an investigative detention. In Wardlow, the suspect (1) had an opaque bag in his hand, (2) was in a high drug area, and (3) started a “headlong” flight upon observing the officer. It may not seem like much, but notice how the officers identified three facts, instead of just one. In addition, the type of flight was characterized as “headlong,” suggesting an urgency not necessarily apparent from other types of evasive behavior. Officers still need to weigh the legal risk of injuring a suspect during a foot pursuit when the only incriminating factor is flight. The safest guidance is to know what the reasonable suspicion is before starting a pursuit, and then itemizing those facts in any subsequent report, even listing them by number. Wardlow and Florida v J.L reinforce the concept that even street level police work is an intellectual occupation, requiring quick judgment and the ability to identify objective facts. Good legal training should provide officers with the facts necessary to justify a stop.
From the Chaplain - Marilyn Featherstone THINGS I’VE LEARNED I’ve learned that you can keep going long after you can’t. I’ve learned that we are responsible for all we do, no matter how we feel. I’ve learned that either you control your attitude or it controls you. I’ve learned that money is a lousy way of keeping score. I’ve learned that sometimes when I’m angry I have the right to be angry. But that doesn’t give me the right to be cruel. I’ve learned that maturity has more to do with what types of experiences you’ve had and less to do with how many birthdays you’ve celebrated. I’ve learned that no matter how badly your heart is broken the world doesn’t stop for your grief. I’ve learned that our background and circumstances may have influenced who we are, but we are responsible for who we become. I’ve learned that credentials on the wall do not make you a decent human being. I’ve learned that people you care about most in life are taken from you too soon.
Cyber Space Look Before You Pump!Dateline: 06/14/00 By David Emery As if escalating fuel prices weren't reason enough to shun the pumps, here's a bit of news via forwarded email that's sure to strike terror into the hearts of the gas-guzzling public: an e-mail warning that HIV positive needles are being taped to gas nozzles. The e-mail was widely circulated, and was reported from a Captain Abraham Sands at the Jacksonville, FL Sheriff’s Office. Jacksonville Sheriff: 'It's a hoax'Not to worry. The Jacksonville Sheriff's Department says it's a hoax. Not only have no such incidents been reported, there is no such officer as "Captain Abraham Sands" on the force. Whoever authored this email made every word of it up. It does add an entertaining new wrinkle to the HIV needle-stick legend circulating in various forms since 1997. Previous variants warned of tainted syringes planted in movie theater seats and pay phone coin return slots, not to mention random stealth prickings in night clubs and other crowded public places. And now we've got tainted needles on the handles of gas pumps. All of the stories have been labeled false or unsubstantiated by authorities, with one exception – a brief spate of copycat pranks that occurred in Virginia in 1999. According to police, hypodermic needles were found in the coin slots of public phones and in bank night deposit slots in a couple of small towns in the area, but none were contaminated with HIV. The rumors had already been circulating for months when the incidents took place. False though it may be, the belief that people are intentionally spreading AIDS by hiding contaminated needles remains popular, especially on the email forwarding circuit. One reason is that these tales and other urban legends like them provide an outlet for our fears – of strangers, of the motives of some of the more marginal members of society, and of AIDS itself. They're presented as cautionary tales, but they certainly don't function as such – at least, not on a literal level. Now we're being warned to be careful at the gas pump. Take special precautions, they say, before sliding the nozzle into the tank. Good advice? In a manner of speaking... yes. The complete E-Mail from “Captain Sands”, along with other hoaxes may be
found at the Urban Legends Website, at http://urbanlegends.about.com/science/urbanlegends/library/weekly/aa061400a.htm |
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Crime Does Not Have To Be A Fact Of Life |
