Cuff 'N Stuff
The Internal Newsletter of the Wise County Sheriff's Department

08-25-00

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HOT INFO

Holiday—Monday, September 4.

R U OK? Operational! The RUOK? Computer was put in operation Wednesday, August 23. One of the first test calls was to JT Stockton in dispatch, who told me he wasn’t OK. Oh well, everybody else is!

The Color laser printer is on-line! If you have a color picture, chart, report, or form that needs to be printed, route it to me (S.O. business use ONLY! No personal printing).

 

From the Sheriff - Budget, Pardons and Parole Thoughts

We are winding down this FY. Do not create any invoices that will be dated this FY even though the bill will not be payable until next FY. We should finish within the budget, but we need to be sure. Only purchase those items necessary to do our daily business.

Our FY 2001 will be a very unpredictable year. Don't know what gas prices will do. We guessed $1.30 for the year.

It looks like we may house many more prisoners than expected because we don't know what the state will do with their paper-ready inmates. We are seeing them back up a little more each month.

Utility deregulation will also have an unknown impact. It may be like the phone companies. Even when you think you understand their billing, all types of unknowns jump up and bite you.

One thing we must do is to treat the tax dollars entrusted to us with respect. Those of you on the "front lines" who are using the resources are in a good position to come up with ideas that will save us money. Give us some ideas. It's your money and your family's, also.

Manpower is our most costly and valuable asset. Please don't waste it. Give the taxpayers a day's work for a day's pay.

PARDONS AND PAROLE

Last week, Ken Steel and I went to a senate committee meeting in Dallas on this issue. Given this experience, I will again revert to writing letters to voice my concerns. I became involved in state politics during the last election because this was a major issue that needed to be just that.

Now it is time to build more prisons or put the revolving door back in the prisons. Politicians are concerned that 20% of the parolees are being revoked on "technical violations." They see that as extra bed space and want to stop the revocations.

The state is also being pressured to either take parole violators out of county jails or pay for them. I think that the state should be responsible for the cost of housing state inmates. In Wise County we presently have 10% (12) state inmates out of our total bed space. Half of those have no Wise County connections at all. They were not paroled to this county. They did not get sentenced from this county and they do not live in this county. They just got caught in this county and here they will stay, on our nickel, until a hearing is had for them. The state should pay for them, but I don't want them be on the street, either..

I hope I am wrong, but I get the feeling that they are going to cut down on technical violations. This will impact the ability of parole officers to manage their caseload. If the parolees are not going to have to follow the rules (which is a reason they are on parole) then we should do away with parole officers. The people closest to the fire can best judge the temperature.

A board in Austin is not privileged to the totality of the problem parolee. The local parole officers work closely with local law enforcement and know the potential problems the parolee can cause or has already caused that cannot be proven. Getting them off the streets when they are out of control saves victims. A board in Austin should not say no to a mere technical violation just to save money. It will also save money if the counties prevail in charging the state for those in county jails.

I also think that they will adopt legislation similar to that in effect in the 80's that will put inmates back on the street too soon. What all the statistics do not show is that a person does not accidentally get into the pen. They have to work hard to get there and they also have to disregard all of the local breaks given them in the form of Pre-Trial Diversion, Deferred Adjudication, and Probation.

Even while on county probation they get several breaks in the form of remaining on probation with dirty UAs and new offenses. When they do get sentenced to the pen, more often than not, they get a sweetheart deal on the local level. Some have time for several felonies running concurrently or the bare minimum of years. Then they report to a system that is going to give them a sweetheart deal on top of a sweetheart deal by legislation that has a formula derived to create prison beds and save expense. All this, knowing that studies have proven that crime has more economic impact on society than prisons.

I don't like to build prisons but I like it better than the alternative. When it comes down to "Who gets the benefit of the doubt?" I say give it to society, not the parolee or inmate. We have seen a decrease in major crimes and it was not by chance that it was just after prisons were built and parole laws were toughened.

Why take a step back when you know what the results will be?

Dumb CrooksTM

A Dog Day Afternoon!

In the early afternoon two Tacoma Police bicycle officers contacted a known suspect in a full-sized pickup for Driving While License Suspended (a misdemeanor). As the officers were preparing to issue a ticket, the male suspect put the truck in gear and quickly drove away. One officer was struck by the truck's side-view mirror injuring him slightly. The other officer jumped out of the way however, the suspect drove over his bicycle destroying it.

Minutes later a third officer (in a car) began a pursuit with the now felony suspect. After a few minutes the officer ended the chase because of the level of danger the pursuit had reached. About two hours later a State Trooper located the unoccupied truck outside of a Fife, Washington hotel along Interstate 5. As officers attempted to surround the hotel the suspect (now wanted on numerous felonies) jumped out a hotel room window and began to run toward Interstate 5.

A Tacoma K9 team was just arriving and deployed the dog. At this time the suspect was climbing the 8 foot highway fence on the shoulder of I-5. As the suspect jumped down on the other side of the fence it appeared that he was once again going to elude police and the K9 now barking through the fence at the suspect. Instead of continuing with his short-lived freedom, the suspect turned and began kicking dirt through the fence and into the face of the frustrated K9; appearing not like a desperate fugitive, but more like an angry baseball player kicking dirt at the umpire. The suspect then laughed and turned to continue running across I-5. He was immediately struck by a car, breaking his right leg and causing multiple injuries, including a punctured lung.

Was that enough?...nooooo! With a bad leg and one working lung, the suspect gimped his way across the rest of the 8 lane freeway and continued out of sight near the Puyallup river. While injured seriously, the suspect found the perfect hiding place in bushes on the river's bank. The K9 team made it over the fence and successfully across the Interstate. The K9 dog, as you would expect, was just a tad bit angry. While his nostrils were still full of dirt and gravel from the suspects earlier rudeness, he was hot on the trail of the bad guy. The suspect was fully concealed in bushes as the K9 neared his location. Only a small part of the suspect could be seen by the approaching K9; the section from the suspects belly button down to the mid-thigh was the only target. Wham! The K9 located and hit the target. Yep, right between the suspects legs....two in custody....I mean, one in custody! This truly reminded the suspect what a "real man" he was!

So, from a simple traffic ticket to serious injuries, multiple felony charges, and a premature end to the suspects future family plans. Now that’s what I call a bad day! Woof-Woof!

Copyright ©2000 Dumb Crooks
Www.DumbCrooks.com
Used with permission

Captain’s Corner—Harold Denney

Well, it’s time to address an old situation.

It seems every office has property missing: staplers, tape dispensers, scissors, etc.

If they are loaned, or if other employees just used them, they would show up somewhere in the building. Since they don’t, this leads one to think that these items are going outside the building.

We would like to think that employees would value their job enough that no one would risk formal action over anything so small, but who knows?

We suggest that these missing items find their way back to their respective places.

Legal Issues - Search and Seizure

DRIVER’S FURTIVE MOVEMENTS LEAD TO SEARCH OF VEHICLE FOR WEAPON AND DISCOVERY OF CONTRABAND.

The defendant was stopped for speeding. While the officer was in his patrol car checking the defendant’s license, he noticed that the man was making “overt movements” and “constantly reaching over to the floorboard of the passenger’s seat.”

When the officer returned to the defendant’s car, he told him that he was making the officer nervous, and asked whether there was anything in the car the officer should know about. The defendant explained that he was picking up trash and putting it in a bag, and the officer saw a trash bag on the floorboard of the passenger’s side.

In response to the officer’s question about whether he had a gun in the car, the defendant said, “No. You are welcome to look.” After ascertaining that the defendant was not licensed to carry a handgun, the officer began searching the passenger compartment, where he found a bullet in the center console.

The defendant explained that he had found the bullet on the ground, but admitted that he had a pistol at home. As the officer continued his search he noticed the defendant becoming “a little bit agitated” and “extremely nervous and fidgety” as the officer came closer to searching one area of the car.

After putting the defendant in the patrol car, the office returned to search, discovering a bag of marijuana in the defendant’s coat pocket. The coat was lying on the passenger’s seat.

The defendant moved to suppress the marijuana on the grounds that his detention was longer than necessary to carry out the purpose of the stop, and because the search exceeded the scope of his consent.

HOLDING: The initial detention of the defendant for speeding was justified, a point he did not contest. In order for the continued detention of the defendant to be reasonable, it must have been no longer than necessary to effectuate the purpose of the stop. The reasonableness of the length of a detention is judged by whether the officer “diligently pursued a means of investigation that was likely to dispel or confirm (his) suspicions quickly.”

The defendant contended that, as soon as the officer saw that there was a bag of trash in the car, just as the defendant had said, there was no further justification for questioning him about “unrelated criminal activity.”

The officer’s questions and actions revealed a concern for whether the defendant had a weapon. It was not unreasonable for him to detain the defendant long enough to ask an additional question or two regarding this concern.

 

The officer’s “primary concern” shifted from the traffic offense to determining why he made the furtive movements and was nervous. An officer who makes a valid traffic stop is entitled to take measures to insure his safety. The length of the detention in this case was reasonable in light of the circumstances.

While the officer was searching for a gun, he saw what he thought was marijuana residue. Once an officer has probable cause to believe that a vehicle contains criminal evidence, he may search the vehicle without a warrant, including containers within the vehicle that might hold the evidence.

The discovery of marijuana residue, along with the furtive gestures and bullet, gave the officer probable cause to believe that a larger quantity of marijuana was in the vehicle. No subsequent attempt by the defendant to withdraw his consent had any effect on the search following these discoveries.

Because the initial detention was reasonable, and because probable cause developed during the time the officer searched the vehicle with the consent of the defendant, the marijuana discovered in the defendant’s coat was admissible.

Cunningham v. State, 11 S.W.3d 436 (Tex. App.-Houston, 2000)

Travel Policy for Wise County Employees

Mileage Reimbursement .30 per mile

Overnight Lodging $70.00 per night

Food $30.00 per day

Registration forms or attendance verification shall be supplied to the Auditor’s Office for payment with the department head’s signature. If a form cannot be supplied, a letter will be accepted.

Registration and lodging can be paid directly to the vendor if advance notice is given in order to process the payment. If the funds are paid to the vendor and funds are disbursed back they need to be paid to Wise County.

It is at the sole discretion of the department head if a receipt is required for expenses totaling less than under $100.00. (The Sheriff’s Department will require receipts.)

If the employee spends over $100.00, the funds will be reimbursed only with the necessary receipts.

Meals and travel will ONLY be paid if the budget line item for travel (mileage and food) and Conference/Lodging and Dues have the allocated budget and if funds are not available, you will need to address Commissioner’s Court for a budget amendment.

From the Chaplain - Marilyn Featherstone

NO FEAR!

Every day you can see on a bumper sticker or on a t-shirt, the words NO FEAR! What does this mean to you?

Have you ever tried to paint the second or third story of a house? The ladder usually is an extension ladder that begins to bend and bounce. When you move, it moves. Then you start wondering about where you will end up when it crashes. You are tempted to stop where you are and hold on. But you know you have to use one hand to paint with and hold on with the other.

Eventually, you take one hand off the ladder to paint. You begin. After awhile you stop and admire your work! Soon you forget to be afraid.

You’ve learned a very important lesson in life. No matter how great the responsibility that you take on, it can be scary, very scary. Until you start working!

VVVV

Fear can also motivate us to do the right thing. There is a story of a farmer who looked out his window and saw some kids stealing his watermelons. He pulled out his gun and fired over their heads to scare them off. Later, one of them said, “Did you hear those bullets?” The other one replied, “I heard them twice, once when they passed me, and once when I passed them!”

Fear can be a powerful motivator. Perhaps love is the greatest motivator, but fear will also work!

I think God gave us a certain amount of fear. It can sometimes keep us from doing something stupid!

Cyber Space

CHAIN MAIL

Remember when you were a kid, and you used to get chain letters from your friends? You had to send a copy of the letter to more friends, and you would be lucky, healthy, wealthy, or wise. Sometimes, you had to include money and send the letter to someone on a list; this is a typical illegal pyramid chain letter scheme.

Now comes the internet and email. You don’t have to send money, but you should forward this “email” letter to five of your friends and “something” will happen, or ten of your friends and “something else” will happen.

Of course, if you fall for it, what was promised doesn’t happens. Why?

Some of these email chains are so old, they were developed before savvy programmers figured out how to read your address book. So, if I want to send my home-made virus, how do I get you to pass it along? I send you a cute e-mail, and tell you to send it on so something special will happen! Something special happens, sure...you and your friends get a virus.

Moral of the story: any mail asking to be forwarded should be immediately deleted!

Crime Does Not Have To Be A Fact Of Life
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