Cuff 'N Stuff
The Internal Newsletter of the Wise County Sheriff's
Department
08-11-00
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Cuff 'N Stuff 08-11-00 |
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Dumb Crooks Crook escapes in birthday suit A Calhoun County, Alabama sheriff's deputy who went searching for a robbery suspect saw more than he wanted. Calief DeAngelo Lanier, 29, was at a friend's mobile home when he got word the deputy was headed for the front door. Lanier jumped out the back window in the nude and headed for the woods. "The deputy was really having a hard time giving us a description of him,'' said Sheriff Larry Amerson. "The man definitely wasn't armed." The mobile home park manager said the woods are full of poison ivy. ``If he's out there, I imagine he's itching,'' he said. Wrong place at the wrong time In addition to stupidity, Leroy Howard, 30, was cursed with bad luck and bad timing. According to Creedmoor, North Carolina police, Howard took a space heater from the back of one truck and placed it into the truck he was driving just as police Chief Ted Pollard happened to be driving by. When Chief Pollard asked him what he was doing, Howard abandoned the truck (which had been stolen in nearby Oxford, NC) and fled on foot. Chief Pollard gave chase, joined by two state wildlife officers who happened to be in the area. Two vans carrying a SWAT team were also passing by and joined in the chase for Howard. They called sixty of their colleagues at a nearby training center and invited them to come on over, along with a Highway Patrol helicopter. Howard was captured. Chainsaw robber One of our correspondents remembers responding to a robbery at a local grocery store. Upon arrival, he found the robber sleeping on the floor next to the safe. The man had attempted to use a chain saw to gain access to the store's safe and was apparently overcome by the carbon monoxide spewed from the saw's engine. He was given ample opportunity to rest up at the county jail. Copyright ©2000 Dumb Crooks
National Police Survey 1. When law enforcement officers were asked if they believed the death penalty served as a deterrent to certain types of crimes, 89.1% said yes. 2. When asked if they believed any law-abiding citizen should be able to purchase a firearm for sport or self-defense, 93% said yes. 3. When asked if they believed criminals are able to obtain virtually any type of firearm by illegal means, 97.9% said yes. 4. When asked if they believed anyone (such as a convicted felon) in violation of state or federal firearm possession laws should be prosecuted by the United States Attorney and, if convicted, receive a maximum prison term, 90.4% said yes. 5. When asked if they believed the media are fair and impartial in reporting the news, 94.9% said no. 6. When asked if they believed the coming year would bring foreign or domestic terrorist attacks that would threaten the public trust in our role as guardians of law and order, 73.8% said yes. 7. When asked if they believed arrestees should be required to provide DNA samples, in a manner similar to current practices of fingerprinting, 86.8% said yes. 8. When asked if they believed the national war on drugs that has been going on for more than 15 years has been successful in reducing the use of illegal drugs, 73.9% said no. 9. When asked if they believed a “zero tolerance” program testing prisoners and parolees for drug use will reduce drug use among these people, 65.5% said yes. 10. When asked if they believed abuse of illegal drugs has had a serious impact upon crime in our community, 90.5% said yes. (This survey questioned 24,981 officers and was conducted by the National Chiefs of Police and Sheriffs Association)
Legal Issues - Search and Seizure SEARCH BEHIND DASH OF VEHICLE AUTHORIZED BY DRIVER’S CONSENT. A DPS trooper stopped the defendant’s van for speeding. The officer asked for permission to search the van and the defendant said, “Oh, okay.” Noticing that the air conditioner was not on, the trooper turned it on and discovered that no air was blowing from the front or the dash. Under the dash on the passenger side of the van, the officer saw a large box with mud on the screws holding the vent cover in place. Because he knew that mud is sometimes used to disguise screwdriver marks, the trooper asked the defendant to follow him to a garage where a more extensive search could be conducted. The defendant did so, and at the garage the officer obtained written consent to search the vehicle and its contents. Behind the dash cover and an eight inch square piece of fiberglass, the officer found twenty-four bundles of marijuana. The defendant was arrested and charged with possession. Prior to trial, the defendant moved to suppress the marijuana, claiming that the warrantless search was illegal, and that her consent was involuntary. Specifically, the defendant testified that the officer told her he would obtain a search warrant for the van whether she signed the consent form or not. HOLDING: In order to be valid, any consent to search must be voluntarily given. The trial court in a suppression hearing is the trier of fact, and determines from the totality of circumstances whether the State has proven by clear and convincing evidence that consent “was positive and unequivocal, and not the result of duress or coercion.” The officer testified that he obtained verbal consent to search from the defendant, and that he informed her she had the right to refuse consent. Further, the written consent form the defendant signed contained an acknowledgment that she had the right to refuse consent, and that no threat or promises had been made in order to induce her to consent. While the defendant testified that the officer said he would obtain a search warrant for the van, and that she signed the form because of the officer’s “threat” to obtain a warrant, the defendant also admitted that she gave verbal consent without the officer having made any threats to obtain a warrant. The officer denied threatening to obtain a search warrant, and the trial court was free to believe his testimony and disbelieve that of the defendant. A search conducted pursuant to consent is limited to the scope defined by that consent. In this case, the written form covered “containers and contents therein ‘and contents.’” The trooper testified that he specifically asked for permission to search the dash, a point the defendant disputed. The trial judge also was free to accept the officer’s testimony regarding the scope of the consent given by the defendant. The evidence at the suppression hearing warranted the trial judge’s ruling that the consent was freely and voluntarily given, and that the scope of the subsequent search did not exceed the consent given. Cerda v. State, 10 S.W.3d 748 (Tex.App. - Corpus Christi, 2000).
Wise County S.O. History On January 27, 1933, only 26 days after Sheriff Tom
Faith had taken over, Deputy Joseph Brown Jr. was shot and killed. Doyle Meeks, the driver, who had fled from the scene when the unidentified man took the pistol from his pants, later turned himself in to Sheriff Faith. Ida and Glenn Hunsucker were later arrested in Childress, Texas. The third suspect is not identified in the newspaper articles. Ida Hunsucker was tried, convicted and sentenced to two years in the state penitentiary. The charges against Glenn Hunsucker were dismissed. Taken from www.sheriff.co.wise.tx.us/history.html
A Smile and a Wave—Doug Whitehead The Sheriff and I have received a few complaints from citizens out in the county that the Deputies are not friendly and they don’t wave. I'm sure that many of you are preoccupied when driving down the road, but we need to notice the public as quickly as we would notice an expired inspection sticker, no seat belt, or some other criminal activity. When citizens or young people wave at you, be sure and wave back, even though you may think that it is not that important. No one likes to think that they are being ignored. Do you? Texas is the friendly state, the “Howdy” state. Rural counties have always embraced a spirit of waving and speaking to anyone they meet. Young people can be especially affected by “unfriendliness.” Everyone, try to put out an effort to recognize folks when they wave or speak. If you are just patrolling and see someone out in their yard, jogging, walking, or whatever, then stop, give a wave and a “Howdy”, introduce yourself and visit a minute or two. You will be surprised how this “bread on the water” will come back to you sometime in the future.
From the Chaplain - Marilyn Featherstone “Evil Does Good When Good Does Nothing!” This is one of the Sheriff’s favorite expressions. And it is so true. There is a story about a man who did not believe in God. When he died he left his farm to the devil. The courts didn’t know how to handle this problem. It was decided that the best way to carry out the wish of the deceased was to leave his farm as it was. Of course, weeds grew, the soil eroded and the house and barn began to rot. Obviously, the best way to leave something to the devil is to do nothing. Many of us are guilty of the same thing. We neglect to do the things we know we should. We don’t teach our children right from wrong. We don’t stand up for what is right. We refuse to get involved in things that would better our communities. We end up willing our souls to the devil! We in law enforcement should set an example to those in the county by being ready to help those less fortunate. We have an opportunity to make the world a better place. We need to realize that we are here to help good people, not just to catch and punish the bad. |
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Crime Does Not Have To Be A Fact Of Life |
