- Maine Chiefs of Police Association
Transcription
- Maine Chiefs of Police Association
COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS P.O. Box 2431 • South Portland, Maine 04116-2431 • www.mainechiefs.com (207) 799-9318 • Fax: (207) 767-2214 email: [email protected] Robert M. Schwartz, Executive Director • Chief James K. Willis, Jr., President Welcome To The On-line Edition Of The Command Post Does Police Accreditation Make Sense for Maine? By Auburn Police Chief Phil Crowell & Accreditation Manager Liz Allen It’s no secret that every law enforcement agency in the State of Maine strives for excellence. We all work hard to meet the needs of our community, stay on top of the latest training, make our corner of the world a little safer, and go home to our family at the end of our shift. So why ‘complicate’ things? Why should an agency consider adding accreditation to the mix? Don’t we already have enough to do? While it may seem like a daunting task, the simple truth is that accreditation is real, quantitative proof that a law enforcement agency is meeting and maintaining the highest standards of professional excellence. In this article, we will outline why we think accreditation is such a good idea for Maine. CREDIBILITY & LIABILITY The mission of the Maine Police Accreditation Coalition will be to develop standards, provide a network of support, assess agencies for compliance, and consistently monitor best law enforcement practices in Maine and around the country. Especially for smaller police departments, credibility is often the most significant and tangible Chief Phillip Crowell , Jr. benefit of accreditation. Having a neutral “outside” entity visit your agency, meet with staff and stakeholders, and evaluate the way you do business sends a message to your community that their police department is transparent, above reproach and among the very best in law enforcement. Accreditation also inspires the confidence of elected officials & city management. A department that demonstrates professional excellence, especially when it is endorsed by a trusted organization, is something they can support without hesitation. In addition to credibility, accreditation can also add a solid layer of defense against civil lawsuits. Accredited agencies are better able to defend themselves, ACCREDITATION continued, page 3 WINTER MEETING • FEBRUARY 4-6, 2015 DoubleTree by Hilton Hotel, 363 Maine Mall Rd, South Portland, ME, 04106 Dress: Business Attire for the meeting and banquet. Winter 2015 Edition Upcoming Meetings Maine Chiefs of Police Association n Summer Meeting June 3-5, 2015 Village by the Sea 1373 Post Road Wells, Maine 04090 207-646-1100 n Fall Meeting September 9-11, 2015 Sebasco Harbor Resort Sebaso Estates, Maine, 04565 Election & Installation of Officers New England Association of Chiefs of Police n Date and location to be announced International Association of Chiefs of Police n 122nd Annual Conference October 24-27, 2015 Chicago Ill. IMPORTANT UPDATE The NEW location for the Winter Meeting has been moved to the DoubleTree by Hilton Hotel at 363 Maine Mall Road, South Portland, Maine. The dates and meeting schedules remain the same. DOUBLETREE: 207-775-6161 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 2 THOUGHTS FROM THE PRESIDENT / Chief James K. Willis, Jr. First I'd like to thank all who came to Bar Harbor in September for the Fall meeting and installation of Officers. I enjoyed being in a room filled with friends as I was sworn in as President of our Association. Several years ago, when he was President of our Association, Chief Phil Harriman called to asked if I'd considered being involved with the Maine Chiefs of Police Association. I was flattered but overwhelmed with the thought of the responsibility involved with representing the Maine Chief's Association. Phil assured me that I would get all the support I needed and a few days later I was appointed by the Attorney General to represent the association on a committee charged with revising Maine's Stalking Laws. I represented the Association for the duration of that committee's work and have since served on several others. I'm impressed with how much our collective opinions are valued as legislation is drafted and processed, when guidance is needed during controversial situations, when communities look to enhance the professionalism of their Police Departments and as model policies for our profession are developed. As I type this report I'm thankful that Chief Harriman called me that day. His call represents the beginning of what I consider to be one of the best things I've been able to do during my career, being actively involved with our Association and getting to know the members. Since September I've made a few calls of my own, asking Chiefs to find time in their busy schedules to help the Association. Recently, Chief Hathaway of Bangor PD and Chief Goss of Mechanic Falls were recommended to represent the Association on the MDEA Advisory Board. Deputy Chief Jerod Mills, in his capacity as Acting Chief of Augusta PD, agreed to serve on the Domestic Violence Homicide Review Panel while Chief Gregoire was healing. Chief Rizzo of Brunswick PD ensured the Association was represented when we were asked to have a member sit on a Panel charged through a Legislative Resolve to examine some issues relating to the Sex Offender Registry. Executive Director Bob Schwartz and I represented the Association at the request of the Ellsworth City Manager to help select a new Chief. A sincere thank you goes to those who answered when PRESIDENT continued, page 6 FROM THE EXECUTIVE DIRECTOR / Chief Robert M. Schwartz, Ret. The fall meeting of the association at the Bar Harbor Regency went well. The training was delivered by Dr. James Reese a retired FBI Agent and International trainer and founder of the Behavioral Science Unit at the FBI Academy. The Training was entitled ETHICS-BASED LEADERSHIP: LEADING FOR A CHANGE The training was very well received and with the humor that Dr. Reese adds to the presentation everyone really enjoyed it. The Installation of Officers was held at the Annual Banquet and the following were installed. Chief Jim Willis, President, Chief Mike Field, 1st Vice President, Chief Ed Tolan, 2nd Vice President, Chief Sean Geagan, Sgt at Arms and Chief Neil Williams, Treasurer. Out Going President Chief Phil Crowell Jr. was presented with a plaque and a gift from the association. The 121st Annual conference of the International Association of Chiefs of Police was held October 25-29th in Orlando Fl. The Maine Chiefs had 26 chiefs attend the conference. This conference has the most up to date training and technology in the field of law Enforcement. There were many training classes and over 750 vendors displaying their products. Any chief that has not attended an IACP convention should certainly try to attend a future conference. Next year’s conference is October 24-27th 2015 in Chicago, Ill. At the time of this newsletter you should have received your 2015 dues invoice via email. Thank you in advance for promptly paying your 2015 dues. The Thomas H. Landers & Charles L. Jackson Scholarships are now open and the applications are on the association website at www.mainwechiefs.com. All members are encouraged to contact the guidance department at your local high schools. This is open to any senior who is planning on pursuing a career in law enforcement in an approved college. You may now register for the Fall Meeting (February 4-6, 2015) on the website at www.mainechiefs.com COMMAND POST THE MAINE CHIEFS OF POLICE ASSOCIATION OFFICIAL NEWSLETTER Published in January, May and August yearly. EDITOR: Chief Robert M. Schwartz, Ret. Executive Director OFFICERS 2014 - 2015: PRESIDENT - Chief James Willis 1st VICE PRESIDENT - Chief Michael Field / 2nd VICE PRESIDENT - Chief Edward Tolan SERGEANT-AT-ARMS - Chief Sean Geagan / SECRETARY - Chief Douglas Bracy / TREASURER - Chief Neil Williams EDITORIAL OFFICE: P.O. Box 2431, South Portland, ME 04116-2431 TELEPHONE: 207-799-9318 • FAX: 207-767-2214 • EMAIL: [email protected] COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS ACCREDITATION continued from page 1 and often see fewer legal actions taken against them. Reduced risk and liability exposure is another very real benefit. Police departments represent significant exposure in terms of insurance claims, liability, and civil litigation. The Maine Municipal Association (MMA) has agreed to provide a 10% reduction in the risk/liability insurance for your community upon achieving police accreditation. According to a 10-year analysis by the Miami Valley, Ohio Risk Management Association, the average 25-member accredited agency paid thousands less per year in insurance claims and civil litigation than comparable non-accredited agencies. Similarly, the Colorado Interlocal Risk Sharing Agency reported that costs (for property and casualty claims) for accredited police departments were 52.2% lower than for non-accredited departments. (source: www.calea.org) OUTCOMES Written directives are a critical part of any successful police department. Many agencies either have too many or too few policies, rendering them moderately effective at best. Other agencies simply adopt model policies, and add the chief’s name at the end with little consideration for what will actually be best for their community and their officers. Accreditation helps an agency develop clearly-written directives. It also requires routine reporting and analysis. This leads to measurable results, and helps demonstrate the agency’s transparency to the community. There is a misconception that an accrediting body dictates how to run a police department. In fact, accreditation standards generally identify what needs to be done, but not how to do it. It is far more flexible than many realize. For example, some chiefs have expressed concern that they would have to ‘get rid of’ their reserve officers if they were to move forward with accreditation (state or national). This is not the case. Strong directives that outline the functions of the officer; consistent training 3 New Year, and participation from member agencies will be appreciated. DON’T TAKE OUR WORD FOR IT Here is what some of our staff – sworn and non-sworn – have to say about accreditation. “I believe that it distinguishes our agency as being among some of the top in the nation.” – Sergeant (as required for any sworn officer); and essential documentation is all you need. HOW CAN WE MAKE THIS WORK? Our goal is to make accreditation attainable for every department in Maine. That being said, we hope that once you see how beneficial the process truly is, the next step would be national accreditation. We see state accreditation as a bridge to national recognition. Another significant consideration is staffing. Budgets are tight and if you are like us, most of your staff members already wear more than one hat. Many departments have come up with creative ways to support their accreditation efforts. Some with seasonal workloads (such as coastal communities) assign accreditation duties during the ‘off-season.’ Other agencies use their School Resource Officers during the summer months when school is not in session; or designate late-shift supervisors to manage tasks. There is always a way to make it happen. NEXT STEPS The Maine Chiefs of Police Association Executive Board has voted to initiate a sub-committee that will advance state accreditation. Members include: Chief James Willis, Chief Michael Field, Chief Ed Tolan, Chief Phil Crowell, Chief Craig Sanford, Chief Leonard MacDaid and Brian MacMaster (Maine Sheriffs Association representative TBA). Sub-committee work will begin in the “Sometimes it is a real pain, but it seems to be worth the extra effort in the end.” – Civilian Staff “It’s business as usual, not frustrating.” – Patrol Officer “Accreditation makes our department better on many levels. Our policies are reviewed, maintained & updated. Many departments write policies and never look at them until something happens. It makes us more marketable as a department for an applicant who is seeking a truly professional department.” – Sergeant “Accreditation is a powerful management tool. It is so deeply embedded in our agency’s culture; it is simply the way we do things.” ~Administration “Our policies and practices can stand tall knowing that they have been tested and affirmed by a collective group of respected and diverse law enforcement leaders.” – Lieutenant A strong coalition of agencies willing to share policies, knowledge, support and experience will help take the uncertainty and trepidation out of the process. Accreditation is voluntary, but we are stronger when we stand together. At the end of the day, accreditation will send a message to all citizens of Maine that we are committed to our communities and our profession; and that Maine law enforcement agencies are among the best in the country. In this era of distrust, isn’t that the message we all want to send? COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 4 MAINE CHIEFS OF POLICE ASSOCIATION Winter Meeting, February 4-6, 2015 at the DoubleTree by Hilton Hotel in South Portland, Maine AGENDA Wednesday, February 4, 2015 Early Arrivals............. (1500 Check-In Time) 2030 - 2230............... Hospitality Room Thursday, February 5, 2015 0800 - 0900.............Board of Directors Mtg. 0800 - 1100............Meeting Registration 0900 - 1400............Vendor Show 0900 - 1130............Training 1130 - 1300............Lunch 1300 - 1530............Training 1530 - 1630.............Vendor Reception 1630..........................On own 2000 - 2300.............Hospitality Room Friday, February 6, 2015 0900 - 1200............... Business Meeting 0930 - 1200............... Auxiliary Meeting 12 NOON.................... Free Time 1700 - 1800...............Social Hour 1800 - 2000..............Awards Banquet 2030 - 2230..............Hospitality Room WELCOME The DoubleTree by Hilton Hotel staff is looking forward to our arrival. The hotel has ample rooms available for the conference. The DoubleTree by Hilton Hotel is located at 363 Maine Mall Road in South Portland, Maine. ROOMS The room rate has been negotiated at $85 per night plus tax. Please remember the room reservations are your responsibility. The hotel phone number is 207-775-6161. Make sure you mention the Maine Chiefs of Police Conference to get the rate. Check in time is February 4, 2015 at 3pm. Reservation deadline is Monday, January 19, 2015. MORNING TRAINING LONE OFFENDER / ACTIVE SHOOTER Case Studies INSTRUCTIONAL OBJECTIVE: The objective of this training is to provide the student with information related to active shooter events and the investigative process which takes place following an event, including case management and Crime Scene documentation in a multi jurisdictional environment. The increase in active shooter incidents will be discussed Case studies will be used to show the lack of an active shooter “profile”, the diversity of the shooters and the commonality of the targets. Case studies will be used to demonstrate when information is First Amendment protected and the difficulty in identifying potential shooters. Students are given an overview of how an active shooting case is a categorized as a criminal event Vs an act of Domestic or International Terrorism. Students will discuss the Domestic Terrorism Triangle including: criminal violation, force or violence, and political or social goals of shooter. Students will be given an overview of the ideological mindset of a Domestic Extremist using the Extreme Criminal Right-Wing as an example. CASE STUDIES DISCUSSED: 1998 US Capital shooting 2002 DC area Sniper shootings 2009 National Holocaust Museum shooting 2010 Pentagon (Bedell) shooting 2010 Pentagon / Marine Corps Memorial shooting ((Melaku) 2011 White house shooting incident 2012 Family Research Council shooting (Chick Fil-A shooting) 2012 Aryan Nations member Threats / Gun violation (Prevention by intervention) 2013 Washington Navy yard shootings O'CONNOR BIO Special Agent (SA) Thomas O’Connor entered on duty with the FBI in 1997. SA O’Connor was assigned to work in the Washington Field Office on the Joint Terrorism Task Force. During this time SA O’Connor has worked both International and Domestic Terrorism cases. Prior to enterThomas F. ing on duty O’Connor with the FBI, SA Special Agent O’Connor was Federal Bureau a Police Officer of Investigation in the ComJoint Terrorism monwealth of Task Force Massachusetts. Washington SA O’Connor Field Office worked for 15 years as a Municipal Officer leaving for the FBI at the rank of Detective Sergeant. As a Police Officer, SA O’Connor specialized in BIO continued, page 5 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS AFTERNOON TRAINING IDENTITY THEFT TRAINING: The training that we are currently providing to police in Maine consists of a 2 ½ - 3 hour lecture with examples from actual experiences with Maine victims. The session is structured as follows: • Identity theft prevalence in the U.S. and in Maine: The USM Crime Victimization Study for the U.S. Department of Justice • How information is obtained (data breaches): Examples of data breaches; the link between data breaches and identity theft; what is and is not required of law enforcement • How information from data breaches becomes identity theft and the role of local police in identifying data breach activity • Identity theft types and examples: From SIRF to Sex Offender Registry identity theft and all other types of the crime • Law enforcement response: Based on federal and state laws, what local police are required to do –and, more importantly, what police should NOT do (when to investigate and when not to investigate) • “Almost” Guarantees: The “inside baseball” of identity theft – we share our experience in how to quickly spot what is really occurring and what the next steps should be 5 CARPENTER BIO Jane Carpenter is the founder of Maine Identity Services, LLC, which provides assistance to data breach and identity theft victims and trains police departments in identity theft response. A veteran of the Maine Attorney General’s Office where she assisted hundreds of identity theft victims and police, her “street level” expertise of the crime has been recognized by local and national media. She has served as an instructor for the Maine Criminal Justice Academy’s identity theft workshop, wrote the original identity theft chapter for the Attorney General’s Law Guide and is responsible for initiating laws that currently assist identity theft victims in Maine. The author of the “Identity Theft Help Kit” and the “Data Breach Repair Kit,” she is a popular speaker on the subject and frequently responds to questions about identity theft from members of police organizations. O'CONNOR BIO continued from page 4 narcotics and violent gang investigations. SA O’Connor is the program coordinator for investigations involving criminal activity / violence conducted by domestic extremists in the Washington Field office area of responsibility. These investigations include neo-Nazi and other hate based groups and lone actors. SA O’Connor was Case Agent for both the Pentagon lone offender shooting and the Family Research Council lone offender shooting. SA O’Connor is a Team Leader on the Washington Field Office, Evidence Response Team (WFO ERT). In this capacity, SA O’Connor has led forensic teams to multiple terrorist attacks around the globe. These deployments include the 1998 Nairobi Embassy bombing, 2 deployments to Kosovo in 1999 for war crimes investigations, 2000 USS Cole attack in Aden Yemen, 9-11 attack on the US Pentagon, 2006 attack on the US Consulate in Karachi Pakistan, 6 deployments to Iraq and 3 deployments to Afghanistan. SA O’Connor led the Evidence Recovery efforts in the Nisur Square, Iraq / Blackwater shooting scene where 17 Iraqi’s were killed. SA O’Connor was deployed to assist in coordination of the ERT efforts supporting the 2013 Boston Marathon Bombing investigation. SA O’Connor was a Team Leader at the Washington Navy Yard active shooter event. In 2005 SA O’Connor was assigned to investigate hostage takings in Iraq Theater of operations. During this deployment SA O’Connor was involved in the rescue of US Citizen Roy Hallums who had been held by extremists for 311 days. SA O’Connor has provided instruction on Domestic and International Terrorism issues across the United States and overseas. In 2004, SA O’Connor was awarded the Department of Justice “Instructor of the Year” award and was named as an FBI “Master Police Instructor” in 2010. SA O’Connor holds the title of Adjunct Faculty member for the FBI Academy in Counterterrorism and Evidence collection matters. SA O’Connor is a 2011 graduate of the George C. Marshall, European Center for Security Studies, Program on Terrorism and Security Studies (PTSS) in Garmisch-Partenkirchen, Germany. In 2013 SA O’Connor served as an adjunct faculty member for the PTSS and continues to serve as a speaker at PTSS courses. SA O’Connor has been a guest lecturer on Counterterrorism at several Universities in the United States including: American University, George Washington University, Georgetown University and George Mason University SA O’Connor is the Vice President of the FBI Agents Association, a non-governmental association dedicated to providing support and advocacy to over 12,000 member Agents. COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS Auxiliary News By Rhoda MacMaster We met at the Bar Harbor Regency on Friday, September 12. The attendance was small, but we had enough members for a quorum We voted to give $300 scholarships to Sarah Tracy, a graduate nurse going for her Master's degree, and Jonathan Geagan, who is in his second year of college. We talked about an electronic cookbook, but tabled the discussion for the next meeting. We are not sure if it would be worthwhile as it is a lot of work putting together any cookbook. We will be having our annual Winter Auction on Thursday evening. So remember to bring auction items. We are hoping for lots of good items. We are meeting at the DoubleTree Hotel February 4-6 in South Portland. Hope to see you all there, and at the Auxiliary meeting on Friday morning the 6th at 9 a.m. We will be discussing future fundraising ideas and other topics. This meeting includes the annual vendor show and the awards banquet. The banquet is Friday evening. See you all there. 6 PRESIDENT continued from page 2 called upon and to all the others doing the Association's work on our many standing committees and through the our local districts. The association provides many training opportunities throughout the year. Over 200 officers were trained during our fall roadshows held at 6 locations throughout the state. Brian MacMaster has the spring roadshow all lined up, we'll be at the same 6 spots with a new list of classes. We are focusing on Leadership training this year. We are hosting two IACP programs in the spring; Leading by Legacy and a class on learning how to be a successful mentor. The Leading by Legacy class is an intensive two day roundtable style class designed to help the Leaders of Law Enforcement Agencies develop and implement practices which will serve as their own Legacy, long after they have left. The Mentoring class is part of the IACP's smaller agency Mentoring Program which has recently been expanded to include Patrol Officers and mid line Supervisors as well as Chief Executives. Another IACP program we are exploring is a train the trainer class on dealing with those effected by Alzheimer's and other related dementia's. We were one of the states included with the pilot of this program a few years ago. While at the IACP Conference in Orlando, I attended a session about the Alzheimer's Program and was impressed with the relevant information presented. I'm hoping members of our association take advantage of these excellent opportunities, the classes are tuition free thanks to DOJ grant funding through the IACP. We have worked with the Maine Municipal Association's Risk Pool and the Bureau of Highway Safety to develop and acceptable policy and training for blood draw technicians. MCJA Director Rogers and our Policy Committee have finished their work on a new model policy and we plan to present that to the Board of Directors in January for acceptance. I'm looking forward to seeing everyone at our Winter Conference in South Portland. If you would like to be involved in the association please let me know, I'm sure you'll find it rewarding. New Members REGULAR Douglas Kirk, Resident Agent ATF Michael Miller, Chief Southwest Harbor PD Jeffrey Stillings, Resident Agent ICE James Boudreau, Lt. Windham PD ASSOCIATE Nick Labbe, Northeast Security Melissa Simmons, Knox County Dispatch Richard Brobst, Protection Professionals Kate Schleh, Cummingham Security Paul Edwards, Lt. Bangor PD Roderick Charette, Lt. Maine State Police Mark Belserene, Office of Chief Medical Examiner COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS MAINE CHIEFS OF POLICE ASSOCIATION Winter Meeting, February 4-6, 2015 at the DoubleTree by Hilton Hotel South Portland, Maine REGISTRATION FORM (Please cut out and mail in) c I will attend. c I will attend training. c Meals $35.00 REGISTRATION FEE c Pre-registration - $50.00 (On-site registration is $60.00) Name: Address: Telephone: Please return this registration form with your payment no later than February 1, 2015 Send to: Maine Chiefs of Police Association P.O. Box 2431 South Portland, ME 04116-2214 You may fax this form to MCOPA office at: 207-767-2214 Please call the DoubleTree by Hilton Hotel at 207-775-6161 and make your room reservations. Cut off dates for rooms is Monday, January 19, 2015 Make sure you mention the Maine Chiefs of Police Conference 7 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS BOARD OF TRUSTEES MAINE CRIMINAL JUSTICE ACADEMY In-Service Training Requirements for 2014-2015 Training Cycle Every law enforcement officer in the State must meet the following training requirements in order to maintain certification. The Board of Trustees is required by law to revoke the certificate of any officer who fails to meet the training requirements. 2014 CALENDAR YEAR 2015 CALENDAR YEAR 2 hours each in: 2 hours each in: MCJA Firearms Qualification MCJA Firearms Qualification New Law / Case Law Updates New Law / Case Law Updates Ontario Domestic Abuse Risk Assessment (ODARA) Emotional Wellness & Vitality in Law Enforcement Brady-Giglio Procedure & Ramifications Juvenile Issues & Procedures Elder Abuse & Exploitation Patrol Tactical Response to High Risk Incidents In addition to the 20 hours of mandatory subject area training listed above for the 2014-2015 training cycle, every officer must complete an additional 20 hours of elective training as approved by the chief executive officer of the employing agency. This training must take place between January 1, 2014, and December 31, 2015. If an officer is hired after October 1st in the first year of a two-year training cycle, the officer is required to complete the 10 hours of mandated subject area training for that year, as well as the 10 hours of mandated subject area training for the following year, and 10 hours of elective training by the end of the two-year training cycle. If an officer is hired after October 1st in the second year of a training cycle, the officer must complete only the 10 hours of mandated subject area training for that year. Lesson Plans and Online Training The following forms are available for download in either PDF or Microsoft Word or Power Point format. You will need the free Adobe Acrobat Reader to view and print them. Microsoft Word format requires either Microsoft Word or the free Microsoft Word Reader. To request a printed form, please call the Academy or email the webmaster. Historical Law Updates and Case Law • 2007 New Law Updates • 2007 Case Law • 2008 New Law Updates • 2008 Case Law • 2009 New Law Updates • 2009 Case Law • 2010 New Law Updates • 2010 Case Law • 2011 New Law Updates • 2011 Case Law • 2012 New Law Updates • 2012 Case Law • 2013 New Law Updates • 2013 Case Law Mandatory training for Law Enforcement 2014: • Ontario Domestic Abuse Risk Assessment (ODARA) • Brady-Giglio Procedure & Ramifications • Elder Abuse & Exploitation Mandatory training for Law Enforcement 2015: • Emotional Wellness & Vitality in Law Enforcement • Juvenile Issues & Procedures • Patrol Tactical Response to High Risk Incidents For On-Line training, please go to Justice Planning and Management Associates at: http://www.jpmaweb.com/ 8 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS MAINE CHIEFS OF POLICE ASSOCIATION 2015 SPRING ROAD SHOW TRAINING MAINE CHIEFS OF POLICE ASSOCIATION 9 AM – 4 PM CONCEALED HANDGUN PERMITS TRAINING TUESDAY, APRIL 7, 2015 Emergency Management Office 111 High St., Caribou (Refreshments & Lunch provided by Caribou PD) TUESDAY, APRIL 14, 2015 Hampden Public Safety 106 Western Ave., Hampden (Coffee & light snacks provided) TUESDAY, APRIL 21, 2015 Florian Hall, Dept. of Public Safety 45 Commerce Drive, Augusta (Coffee & food available in cafeteria) TUESDAY, APRIL 28, 2015 CMMC Kirk Hall 1250 Turner St., Auburn TUESDAY, MAY 5, 2015 Cape Elizabeth Fire Department 2 Jordan Way, Cape Elizabeth (Coffee provided by Cape Elizabeth PD) TUESDAY, MAY 12, 2015 American Legion Hall 9 Hannaford Drive, York (Coffee, refreshments, lunch provided by District I) R.S.V.P. Virginia Avery, York Police Department Phone: 363-1031 • Fax: 363-1035 • Email: [email protected] 9 a.m. – 1 p.m. Tuesday, January 27, 2015 Florian Hall – DPS 45 Commerce Drive Augusta INSTRUCTOR Laura Yustak Smith Assistant Attorney General Criminal Division Office of the Attorney General  The cost of $30 per officer will be billed to the officer’s agency. R.S.V.P. Virginia Avery, York Police Department Phone: 363-1031 • Fax: 363-1035 Email: [email protected] MCOPA'S NEW ONLINE WEBSTORE Charley McCormick Senior Account Manager Government Markets 900 Chelmsford St., Lowell, MA 01851 We have partnered with Winter People in Freeport, Maine to offer our employees a great selection of embroidered apparel and uniform items. Visit our online store at: www.mainechiefs.com 9 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS MAINE CHIEFS OF POLICE ASSOCIATION PUBLIC ACCESS TO PUBLIC RECORDS The Police & Maine’s Freedom of Access Act INSTRUCTOR Brian MacMaster Office of the Attorney General Each Session 9 a.m. – 1 p.m. Tuesday, February 10, 2015 Cape Elizabeth Fire Department 2 Jordan Way, Cape Elizabeth (Hosted by Police Chief Neil Williams) Tuesday, February 17, 2015 Florian Hall, Department of Public Safety 45 Commerce Drive, Augusta (Hosted by State Fire Marshal Joe Thomas) Wednesday, February 25, 2015 Hampden Public Safety 106 Western Ave., Hampden (Hosted by Public Safety Director Joe Rogers) The cost of $30 per officer will be billed to the officer’s agency. R.S.V.P. Virginia Avery, York Police Department Phone: 363-1031 • Fax: 363-1035 Email: [email protected]  COMMAND POST NEWSLETTER Designed by Jean Cousins Newsletters, Logos, Brochures, Advertising FMI: [email protected] 10 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 11 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 12 A Maine police chief’s view: More police shootings likely We must start a dialogue Every police agency across the country knows the truth: More unarmed citizens will die at the hands of their personnel. It happened again last month in Cleveland, Ohio, and it will happen again today, tomorrow or maybe next month. But make no mistake, it will happen again. The deceased might be another AfricanAmerican man, but it just as easily might be a white kid or a Latina woman. The truth is, in a melting pot of 300 million people, there will always be hardened criminals on the loose, psychologically or emotionally deranged people, or drugaddicted souls who will do anything for the By Matthew next fix. Irwin, Special Police officers in the United States have to the BDN the best training opportunities in the world, but that training can’t compensate for a low-light encounter with a perception of danger or the fearfulness of being under attack by a larger or better prepared adversary. Only someone who has never had to physically fight for his or her life could expect an officer to surrender his or her advantage — any advantage. While tragic mistakes are always a possibility, as is the likelihood of misperception under stressful conditions, these circumstances don’t turn an otherwise committed public servant into a criminal. Knowing we will kill more unarmed citizens — who, in hindsight, didn’t need to die — in the righteous performance of our duty, what have we done to prepare our communities for this eventuality? Many communities have stepped up to the challenge, others have not. I reject the idea that the troubles faced in communities such as Ferguson, Missouri, are because of the AfricanAmerican communities’ hatred of police or racist sentiments. Departments across this country are increasingly represented and led by minorities. This doesn’t happen because the communities hate the police or the communities unilaterally determine the police are a bunch of racists. It happens because, like those from other communities, they find nobility in the job; they have respect for the law; they want to make a difference in the lives of those they serve. These are universal ideals that could not possibly be derived from a community that “hates” police. I believe the history of law enforcement is such that it has done itself a disservice by not proactively seeking out meaningful relationships with community partners who can positively affect the community conversation when difficult challenges present themselves. Administrators down to line-level staff must get to know those they serve. The failure of relationships trumps the failure of race in this country every day of the week. The lack of a relationship leads to the lack of trust and the lack of appreciation on display. National figures have earned millions of dollars keeping community relationships with police agencies at a steady simmer. All it takes is an unfortunate event for the cooktop dial to get a quick turn and the simmer becomes a boil-over. Meanwhile, law enforcement is always caught off guard, like a child who just threw a baseball through a window, when these events occur because they have done very little to prepare the community for the next eventuality. By listening to each other and engaging in meaningful conversations before the crisis, these horrific events can be minimized or effectively prevented. While all parties must find a way to participate, law enforcement personnel must initiate this dialogue. Where we find resistance, we must try harder and we must not relent. The next death of an unarmed citizen is right around the corner. Matthew Irwin is chief of the Presque Isle Police Department. He previously served as a lieutenant with the Orange County Sheriff’s Office in Orlando, Florida. QUIRK AUTO GROUP FORD, DODGE, CHEVROLET POLICE VEHICLE SALES WE WILL HAVE 2014 FORD CROWN VIC INTERCEPTOR Colors are White • Dark Blue • Black WE HAVE THE NEW FORD INTERCEPTOR AND THE ALL NEW CAPRICE AND DODGE CHARGER IS HERE. WE STOCK ALL MODELS AND MAKES FOR IMMEDIATE DELIVERY PLEASE GIVE US A CALL AT 800-342-5757 OR FAX TO 207-622-9528 CALL ME FOR MORE INFORMATION QUIRK FORD OF AUGUSTA • LEO CHICOINE JR. PO BOX 1055 • AUGUSTA, MAINE 04332-1055 • 800-342-5757 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 13 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 14 BODY CAMERAS: Information from the Force Science Institute EDITOR'S NOTE: In light of recent high profile use-of-force news, increasing pressure for departments to adopt body cameras and a noticeable increase in requests for additional copies of the following Force Science Institute report, we are retransmitting this piece. It is important to note that we are not taking a position against body cameras. We feel that they can provide information that can be helpful to investigators. However, they can be fraught with limitations that MUST be understood in order to ensure fair, accurate and thorough investigations. 10 limitations of body cams you need to know The idea is building that once every cop is equipped with a body camera, the controversy will be taken out of police shootings and other uses of force because "what really happened" will be captured on video for all to see. Well, to borrow the title from an old Gershwin tune, "It Ain't Necessarily So." There's no doubt that body cameras--like dash cams, cell phone cams, and surveillance cams--can provide a unique perspective on police encounters and, in most cases, are likely to help officers. But like those other devices, a camera mounted on your uniform or on your head has limitations that need to be understood and considered when evaluating the images they record. "Rushing to condemn an officer for inappropriate behavior based solely on body-camera evidence can be a dicey proposition," cautions Dr. Bill Lewinski, executive director of the Force Science Institute. "Certainly, a camera can provide more information about what happened on the street. But it can't necessarily provide all the information needed to make a fair and impartial final judgment. There still may be influential human factors involved, apart from what the camera sees." In a recent conversation with Force Science News, Lewinski enumerated 10 limitations that are important to keep in mind regarding body-camera evidence (and, for the most part, recordings from other cameras as well) if you are an investigator, a police attorney, a force reviewer, or an involved officer. This information may also be helpful in efforts to educate your community. era is concentrating, you may not see action within the camera frame that appears to be occurring 'right before your eyes.' "Likewise, the camera can't acknowledge physiological and psychological phenomena that you may experience under high stress. As a survival mechanism, your brain may suppress some incoming visual images that seem unimportant in a life-threatening situation so you can completely focus very narrowly on the threat. You won't be aware of what your brain is screening out. "Your brain may also play visual tricks on you that the camera can't match. If a suspect is driving a vehicle toward you, for example, it will seem to be closer, larger, and faster than it really is because of a phenomenon called 'looming.' Camera footage may not convey the same sense of threat that you experienced. "In short, there can be a huge disconnect between your field of view and your visual perception and the camera's. Later, someone reviewing what's caught on camera and judging your actions could have a profoundly different sense of what hapBODY CAMERAS continued, page 15 1. A camera doesn't follow your eyes or see as they see. At the current level of development, a body camera is not an eye-tracker like FSI has used in some of its studies of officer attention. That complex apparatus can follow the movement of your eyes and superimpose on video small red circles that mark precisely where you are looking from one microsecond to the next. "A body camera photographs a broad scene but it can't document where within that scene you are looking at any given instant," Lewinski says. "If you glance away from where the cam- Email: [email protected] Tel. 508-758-3758 1-800-472-7747 Fax: 508-758-9758 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS BODY CAMERAS continued from page 14 pened than you had at the time it was occurring." 2. Some important danger cues can't be recorded. "Tactile cues that are often important to officers in deciding to use force are difficult for cameras to capture," Lewinski says. "Resistive tension is a prime example. "You can usually tell when you touch a suspect whether he or she is going to resist. You may quickly apply force as a preemptive measure, but on camera it may look like you made an unprovoked attack, because the sensory cue you felt doesn't record visually." And, of course, the camera can't record the history and experience you bring to an encounter. "Suspect behavior that may appear innocuous on film to a naive civilian can convey the risk of mortal danger to you as a streetwise officer," Lewinski says. "For instance, an assaultive subject who brings his hands up may look to a civilian like he's surrendering, but to you, based on past experience, that can be a very intimidating and combative movement, signaling his preparation for a fighting attack. The camera just captures the action, not your interpretation." 3. Camera speed differs from the speed of life. Because body cameras record at much higher speeds than typical convenience store or correctional facility security cameras, it's less likely that important details will be lost in the millisecond gaps between frames, as sometimes happens with those cruder devices. "But it's still theoretically possible that something as brief as a muzzle flash or the glint of a knife blade that may become a factor in a use-of-force case could still fail to be recorded," Lewinski says. Of greater consequence, he believes, is the body camera's depiction of action and reaction times. "Because of the reactionary curve, an officer can be half a second or more behind the action as it unfolds on the screen," Lewinski explains. "Whether he's shooting or stopping shooting, his recognition, decision-making, and physical activation all take time--but obviously can't be shown on camera. "People who don't understand this reactionary process won't factor it in when viewing the footage. They'll think the officer is keeping pace with the speed of the action as the camera records it. So without knowledgeable input, they aren't likely to understand how an officer can unintentionally end up placing rounds in a suspect's back or firing additional shots after a threat has ended." 4. A camera may see better than you do in low light. "The high-tech imaging of body cameras allows them to record with clarity in many low-light settings," Lewinski says. "When footage is screened later, it may actually be possible to see elements of the scene in sharper detail than you could at the time the camera was activated. "If you are receiving less visual information than the camera 15 is recording under time-pressured circumstances, you are going to be more dependent on context and movement in assessing and reacting to potential threats. In dim light, a suspect's posturing will likely mean more to you immediately than some object he's holding. When footage is reviewed later, it may be evident that the object in his hand was a cell phone, say, rather than a gun. If you're expected to have seen that as clearly as the camera did, your reaction might seem highly inappropriate." On the other hand, he notes, cameras do not always deal well with lighting transitions. "Going suddenly from bright to dim light or vice versa, a camera may briefly blank out images altogether," he says. 5. Your body may block the view. "How much of a scene a camera captures is highly dependent on where it's positioned and where the action takes place," Lewinski notes. "Depending on location and angle, a picture may be blocked by your own body parts, from your nose to your hands. "If you're firing a gun or a Taser, for example, a camera on your chest may not record much more than your extended arms and hands. Or just blading your stance may obscure the camera's view. Critical moments within a scenario that you can BODY CAMERAS continued, page 16 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS BODY CAMERAS continued from page 15 see may be missed entirely by your body cam because of these dynamics, ultimately masking what a reviewer may need to see to make a fair judgment." 6. A camera only records in 2-D. Because cameras don't record depth of field--the third dimension that's perceived by the human eye--accurately judging distances on their footage can be difficult. "Depending on the lens involved, cameras may compress distances between objects or make them appear closer than they really are," Lewinski says. "Without a proper sense of distance, a reviewer may misinterpret the level of threat an officer was facing." In the Force Science Certification Course, he critiques several camera images in which distance distortion became problematic. In one, an officer's use of force seemed inappropriate because the suspect appears to be too far away to pose an immediate threat. In another, an officer appears to strike a suspect's head with a flashlight when, in fact, the blow was directed at a hand and never touched the head. "There are technical means for determining distances on 2-D recordings," Lewinski says, "but these are not commonly known or accessed by most investigators." 7. The absence of sophisticated time-stamping may prove critical. The time-stamping that is automatically imposed on camera footage is a gross number, generally measuring the action minute by minute. "In some high-profile, controversial shooting cases that is not sophisticated enough," Lewinski says. "To fully analyze and explain an officer's perceptions, reaction time, judgment, and decision-making it may be critical to break the action down to units of one-hundredths of a second or even less. "There are post-production computer programs that can electronically encode footage to those specifications, and the Force Science Institute strongly recommends that these be employed. When reviewers see precisely how quickly suspects can move and how fast the various elements of a use-of-force event unfold, it can radically change their perception of what happened and the pressure involved officers were under to act." 8. One camera may not be enough. "The more cameras there are recording a force event, the more opportunities there are likely to be to clarify uncertainties," Lewinski says. "The angle, the ambient lighting, and other elements will almost certainly vary from one officer's perspective to another's, and syncing the footage up will provide broader information for understanding the dynamics of what happened. What looks like an egregious action from one angle may seem perfectly justified from another. "Think of the analysis of plays in a football game. In resolving close calls, referees want to view the action from as many cameras as possible to fully understand what they're seeing. Ideally, officers deserve the same consideration. The problem is that 16 many times there is only one camera involved, compared to a dozen that may be consulted in a sporting event, and in that case the limitations must be kept even firmer in mind. 9. A camera encourages second-guessing. "According to the U. S. Supreme Court in Graham v. Connor, an officer's decisions in tense, uncertain, and rapidly evolving situations are not to be judged with the '20/20 vision of hindsight,' " Lewinski notes. "But in the real-world aftermath of a shooting, camera footage provides an almost irresistible temptation for reviewers to play the coulda-shoulda game. "Under calm and comfortable conditions, they can infinitely replay the action, scrutinize it for hard-to-see detail, slow it down, freeze it. The officer had to assess what he was experiencing while it was happening and under the stress of his life potentially being on the line. That disparity can lead to far different conclusions. "As part of the incident investigation, we recommend that an officer be permitted to see what his body camera and other cameras recorded. He should be cautioned, however, to regard the footage only as informational. He should not allow it to supplant his first-hand memory of the incident. Justification for a shooting or other use of force will come from what an officer reasonably perceived, not necessarily from what a camera saw." [For more details about FSI's position on whether officers should be allowed to view video of their incidents, see Force Science News #114 (1/17/09). You will find online it at: www. forcescience.org/fsnews/114.html] 10. A camera can never replace a thorough investigation. When officers oppose wearing cameras, civilians sometimes assume they fear "transparency." But more often, Lewinski believes, they are concerned that camera recordings will be given undue, if not exclusive, weight in judging their actions. "A camera's recording should never be regarded solely as the Truth about a controversial incident," Lewinski declares. "It needs to be weighed and tested against witness testimony, forensics, the involved officer's statement, and other elements of a fair, thorough, and impartial investigation that takes human factors into consideration. "This is in no way intended to belittle the merits of body cameras. Early testing has shown that they tend to reduce the frequency of force encounters as well as complaints against officers. "But a well-known police defense attorney is not far wrong when he calls cameras 'the best evidence and the worst evidence.' The limitations of body cams and others need to be fully understood and evaluated to maximize their effectiveness and to assure that they are not regarded as infallible 'magic bullets' by people who do not fully grasp the realities of force dynamics." Our thanks to Parris Ward, director and litigation graphics consultant with Biodynamics Engineering, Inc., for his help in facilitating this report. COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 17 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS WEARING A BADGE AND A CAMERA Daigle Law Group is proud to work with PowerDMS to provide our analysis of the process of implementing body-worn cameras. In the wake of highly publicized officer-involved incidents and continued scrutiny by the media and citizens, body-worn cameras are gaining popularity in police departments nationwide. The implementation of these small cameras-often clipped to an officer's uniform or sunglasses-is causing a nationwide debate. The benefits are clear. Studies show there is a direct correla- 18 tion between the use of body-worn cameras and declines in use of force incidents and complaints filed against officers, as well as a reduction in lawsuits. However, with any game-changing procedure, there are challenges involved. The addition of body-worn cameras brings added costs, increased training, new policies and unforeseen problems that trial and error will expose. These challenges cause hesitation and concern among the majority of law enforcement leadership. The question is, do the benefits outweigh the challenges? PoliceOne recently polled approximately 1500 individuals in the law enforcement community to find out what their thoughts are when it comes to the use of body-worn cameras. The results showed that nearly 80 percent of those surveyed either are already wearing a camera, are testing them currently or are looking into them. It's apparent that body-worn cameras are the future of law enforcement and agencies are deciding to take the plunge. One of the top distributors of body cameras, Taser International, reported that there are 1,200 law enforcement agencies scattered throughout the country that have deployed its technologyand that's just Taser brand cameras. Review this infograph to identify issues presented by Attorney Daigle at the IACP conference. COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 19 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 20 5 Supreme Court decisions from 2014 impacting law enforcement The 2014 calendar brought us five significant cases which impact officers’ understanding of Fourth Amendment limits, both in its extension and restrictions Dec 12, 2014 This year ends no differently than others — with reflections on the past year and hopes for the coming year. The 2014 calendar brought us five significant Supreme Court cases which impact officers’ understanding of Fourth Amendment limits, both in its extension and restrictions. Coincidentally, three of the cases came to the Supreme Court from the great state of California. Police Liability and Litigation with Terrence P. Dwyer, Esq. Let’s briefly review each. Fernandez v. California In Fernandez v. California, the Court had to resolve the question as to whether the Fourth Amendment prohibited warrantless searches when a defendant — who previously objected to a consent search — was no longer present and the co-tenant subsequently consented. The 2006 Court decision in Georgia v. Randolph provided the “disputed permission rule” which said the police could not search a home when one physically present resident consents and the other does not. So what does Fernandez add to the Court’s consent jurisprudence? Going back to 1974 in United States v. Matlock, the Court said there was no Fourth Amendment violation when the police obtained consent to search a location from a third party who had common authority over the location. A co-occupant of a home could give police consent to search if another occupant was out. The non-present occupant would not have a Fourth Amendment claim if contraband or other incriminating evidence was discovered. Randolph modified the rule to require consent of all occupants, allowing for one non-consenting occupant to nullify other occupant consent. Fernandez further modified the Randolph “disputed permission rule” by saying the ultimate rationale under the Fourth Amendment is reasonableness. If there are two tenants the unreasonableness to search based on the refusal of one is reasonable when the disputing co-tenant leaves the premises. For Mr. Fernandez, his exit from the premises was not voluntary since he was arrested. It was after his arrest and removal from the premises the police were then able to obtain a valid consent from the remaining occupant. Navarette v. California The Court’s April opinion in Navarette v. California held that an anonymous 911 call reporting drunken or reckless driving can, without more information or further corroboration, pro- vide reasonable suspicion for a traffic stop. This was a marked departure from the Court’s 2009 denial of certiorari in a similar case (Virginia v. Harris) wherein Chief Justice Roberts took the rare approach of writing a dissent to a denial of certiorari. In his dissent, Chief Justice Roberts wrote that the problem of DWI and public safety on the roadways dictates a different result than strict reliance upon the Court’s 2000 opinion in Florida v. J.L. which “suppressed evidence seized by police after receiving an anonymous tip alleging that a young man, wearing a plaid shirt and waiting at a particular bus stop, was carrying a gun.” Police acted on the tip alone and without any further corroboration approached J.L., searched him and found a gun. Similarly, in Harris, a state trooper received the description of a motor vehicle being driven in an erratic manner suggesting the operator was DWI. The trooper quickly located the vehicle on the highway and pulled it over without making any independent observation corroborative of the vehicle’s operation. For this reason, based on Florida v. J.L., the Virginia Supreme Court overturned the conviction and the U.S. Supreme Court denied certiorari. However, when it came to be Prado Navarette’s turn at the Supreme Court, he would not have the same legal good fortune. The Court’s 5-4 majority opinion, of which Roberts was a member, was written by Justice Thomas to create a totality of the circumstances approach to the reasonable suspicion standard, independent of what was personally observed by the officer. While the totality of circumstances in this instance provided the officer reasonable suspicion to make the stop, Navarette should not be read to no longer require independent corroboration of alleged illegal or suspicious activity when provided by an anonymous caller. Nor should it be assumed the Court created a DWI exception to the corroboration requirement. The tenuous legal ground this decision rests upon is illustrated by the fact of Justice Scalia’s dissent in Navarette despite his joining with Roberts in the dissent to the denial of certiorari in Harris. Plumhoff v. Rickard The Court in May once again weighed in on the nature of qualified immunity defenses in civil actions brought against police officers. In the case of Plumhoff v. Rickard the Court considered — among other things — whether the number of shots fired by officers at a fleeing vehicle was excessive as a matter of law. In a unanimous 9-0 decision Justice Alito wrote that once deadly physical force is justified in responding to a threat to public safety, the continued use of deadly force is justified until SUPREME COURT continued, page 21 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS SUPREME COURT continued from page 20 the threat has ended. The Court held that in 2004, when the incident occurred, there was no clearly established right which the officers could be found to have violated; therefore they were entitled to qualified immunity. Riley v. California and United States v. Wurie The final cases to make the year end law enforcement review are the June decisions in the companion cases of Riley v. California and United States v. Wurie. Both of these cases involved the question of whether police need a warrant to search a cell phone incident to arrest. I devoted special attention to these cases since the petitioner’s brief in Riley v. California cited one of my columns from 2012 and I knew from writing the column there was a split opinion among the federal circuits and state courts. On June 25th the Court provided its answer to the questions MCOPA PARTNERS WITH SIAC The Maine Chiefs of Police Association recently began a partnership with Security Industry Alarm Coalition of Charlotte, North Carolina. The MCOPA Alarm Subcommittee Chair Chief Michael Field has teamed up with SIAC Liaison Retired Deputy Chief Glen Mowrey of Charlotte, NC. The committee consists of several MCOPA members, SIAC representatives, and Maine Alarm Association representatives. As law enforcement administrators, we have to continue to be proactive and resourceful in our departments. How many false alarms has your agency responded too? We are sure that the number is fairly high. Research shows that user error is the main reason for false alarms at nearly 90%. An average false alarm can use up to 20 minutes of an officer’s time. As rural as Maine is, this time is most likely even higher. The MCOPA and SIAC are working together to provide information on how to reduce false alarms, enact false alarm ordinances, and find an effective alarm management program with local businesses. We have met as a group at the MCOPA Conferences earlier this year. We will continue to move forward with next steps that we will share with our MCOPA membership. If you would like to be part of this committee or have suggestions, please contact Chief Michael Field at Bath Police Department. 21 posed when Chief Justice Roberts wrote for the 9-0 unanimous panel that the Fourth Amendment requires a warrant to search an arrestee’s cell phone. The warrantless search incident to arrest exception is for officer safety and the preservation of evidence. The Court said neither of these concerns is present with digital data, since the data cannot harm the officer and preservation of evidence can be maintained by disconnecting the phone from its network or placing the phone in a protective “Faraday” bag. Chief Justice Roberts likened today’s smart phones to minicomputers which contain much more than dialed and incoming telephone numbers. Even though the Court said a warrant was required, it did not foreclose all searches of phones upon arrest. There are emergency situations, the Court acknowledged, during which a warrantless search would be permissible. These situations would be case-specific exceptions. Looking Ahead Thus ends another year as we anticipate the coming of 2015. One case of interest — likely to be the subject of a column next year — has already been argued before the Court. Heien v. North Carolina considers whether a police officer’s mistake of law provides the individualized reasonable suspicion that the Fourth Amendment requires to justify a traffic stop. More cases are sure to follow. In the meantime I hope for a safe and happy holiday season for all. COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 22 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 23 Hey officer, are you really worthy of trust? It is the innumerable small moments in life that define whether we are a person worthy of trust It takes a lifetime to build trust and a second to destroy it. All of us have at least one story of when our trust has been betrayed and a relationship ended because of the damage done and wounds inflicted. Many of us also have stories of a time the opposite was true, when trust was violated but the relationship became stronger because the parties involved turned towards one another and worked it out and healed. Trust is a core value many of us deeply cherish and look for in order to solidify a More Than A Cop relationship. It is how we gauge who we allow in our lives and who is held at arm’s with Althea length. Yet, very few people take time to Olson and Mike define what trust really is or what it entails, Wasilewski instead preferring to go by gut instinct, our past experiences, or what our families taught us and we’ve come to take for granted. Maybe what we know of trust came from a book we read or a sermon given by a pastor, but how many have really taken a look at how trust is built? Relationship Stereotypes Law enforcement relationships (LEO and spouse/significant other) are often considered uniquely fragile and prone to failure. Whether true or not, the stereotype may have some basis in reality even if only historically. More recent research seems to indicate cops’ relationships are about on par with those of the general public in terms of divorce/failure rates, but it is hard to reconcile this with what each of us sees, experiences, and knows about our own relationships, or those of our coworkers. All the research in the world can tell us police couples are no more or less likely to fail than any other but it’s hard to believe seeing so many cops with divorces and multiple marriages under their gun belts. Maybe the problem is that relationships are really hard to sustain no matter what. Policing is one of a few professions where professional trust – that your partner will keep you safe, your boss will have your back, your subordinates will respect your authority, or your agency and politicians will simply do what’s right – is crucial for peace of mind and sometimes physical safety. It’s also one where so many cops are disappointed. Researcher and relationship expert Dr. John Gottman Ph.D. has done over 40 years of research at the University of Washington on what will make or end a relationship. In his research he has found it is really not the big moments in life that define and build trust but the small and seemingly insignificant everyday moments when a person chooses to turn toward another and tend to their needs selflessly rather than their own desires. Are You a Trust Builder? As you look at yourself and your relationships, whether it be with a spouse, partner, child, or coworker, who do you take care of when trust building moments present themselves? Are you someone who naturally creates an environment where people trust you or do others find you untrustworthy? Others are going to determine who you are by how you react in the small moments in life. But it is hard to be a trustworthy person because you have to allow yourself to be emotionally vulnerable and allow yourself to get hurt even though our human instinct is to protect ourselves from harm and pain. The irony is we cannot have healthy relationships if we wear “bulletproof vests” around our emotions and hearts. It’s hard to be a trustworthy person when we place our agenda first, at home or at work, and fail to turn first to the service of those who count on us. Ask yourself, “Do I take care of myself first, protecting myself from being emotionally vulnerable? Am I guarded because I am mistrustful of others? Do I think everyone has an angle or is trying to play me in some way? Do I get defensive easily? Do I often answer a question with a question or interrogate others because I automatically suspect their first answer isn’t the truth?” If you answered yes to any of these questions then you have the traits of someone who breaks trust rather than builds it. People who have these traits generally have difficulty trusting others, but the irony is that they then develop behaviors that tell others they are not to be trusted. So the defense mechnisms a person develops to keep from being hurt emotionally robs them of closeness and intimacy in relationships. Because of thisthe forementioned traits are hurtful towards others and come from a place of self-preservation or selfishness. To be a trustworthy person it is more than being committed to integrity or choosing not to steal. It is more than showing up on time, paying bills, and not having extra marital acitivities. At work it is more than just showing up and punching a clock reliably. Being trustworthy is based upon how others perceive you in the small moments in life. It is the ability to turn towards another, sense what they need, and to listen with your full attention. It is to validate who they are and to be there for them when they need you. It’s the little things, such as changing the baby’s diaper, talking to your partner about shift picks before you decide, resisting the urge to yell or name call when stress weakens you, and soothing hurts when they arise. At work, it’s anticipating your partner’s needs, jumping in without being asked and doing the little things to demonstrate you’re a cop worthy of trust, and stepping up for your boss or those who answer to you. It is the innumerable small moments in life that define whether we are a person worthy of trust. COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 24 COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS 25 10-Years of Online Training in Maine Paul Plaisted, Justice Planning and Management Associates [email protected] As we move into 2015, we mark the end of a full decade of using an online training delivery system to meet the mandated in-service training requirements within Maine’s law enforcement community. It seems an appropriate point to quickly assess what this community-wide effort has meant and take a glance at future directions. Let’s first review the training content that has been made available. During this 10-year period JPMA has created 40 classes covering legal updates and 70 classes addressing critical law enforcement and corrections topics as identified by the MCJA Board of Trustees. With only a couple exceptions, all Maine law enforcement agencies use the online system to meet their annual training requirements. In addition to the mandated classes, about 100 classes have been developed to meet other training needs. Within this group are many classes funded by “content sponsors” via grants or contracts from state agencies and these have been made available to all agencies without fees attached. Others have been created by JPMA to meet needs where clearly identified sources of funding for development were not present. Many of these “content sponsored” and JPMA classes address continuing training requirements and are used on an annual basis. As an example, the CJIS Security Awareness class, sponsored by the Maine State Police with a total budget of $5000, shows over 18,000 completions system wide, and it is a prime example of the cost-effectiveness of the online delivery approach. Other classes, such as fire extinguisher basics, bloodborne pathogens, workplace harassment, and ergonomics and VDT safety, also display similar (but lower) patterns of usage. Another important focus of online content has been the Law Enforcement Pre-Service (LEPS) training program. The first phase of that program involves 40 online classes that introduce new officers and officer candidates to the Maine law enforcement system. This online resource has helped to increase the level of training provided to officers before they assume their duties. What has this all meant? The Maine law enforcement community has the most aggressive online training strategy in the nation. The average Maine officer has completed nearly 150 online classes, a number which vastly exceeds that in any other state. Based upon agency surveys, access to the online system conserves local, county, and state resources at an average rate of $500 per officer per year (officer salary, overtime, fees, travel, etc.). Over the past 10 years this amounts to $15-20 million that has become available for other uses by agencies, often resulting in additional training for their officers. In 2014 all types of public safety employees in Maine, including law enforcement officers, public safety dispatchers, corrections officers, firefighters, EMT’s, and civilian staff members, used the online training delivery system to increase their capabilities. What can we expect for the future? Certainly, online training will continue be an important piece of preparing Maine’s public safety community to serve citizens in the state of Maine. In general, the number of topics developed each year will continue to be at, or slightly above, the rate of the last decade. Unfortunately, some of the content funding sources available early on in this program are no longer viable for the future and this, coupled with the continuing requirement to maintain and update older content with new information and emerging mobile technology, will have a small impact on user fees. For example, in 2015 the standard law enforcement officer fee which has remained at $50 for 10 years will increase to $60 per officer per year. This increase will help fund projects such as an online Intoxilyzer operator recertification program that is expected to be created in partnership with the MCJA in the spring of 2015. Another direction for the future seems to be the organization of classes around important issues within Maine’s public safety community. Other than the emergency management area which was an early theme within the online system, many of the past classes have emerged as single topic resources. However, 2015 will see the final deployment of a series of classes addressing intimate partner violence and will represent an instance where the “whole is greater than the sum of its parts.” Starting this year, other themes will become candidates for such comprehensive treatment including areas like sexual assault, response to mental illness, officer safety and wellness, and others. Another unfolding piece of the future of online training lies with the MCJA and its recent adoption of a new officer training records management system. It is fully expected that this system will evolve into a functional learning management system for all Maine agencies over the next 2-3 years. As this occurs, we will face the challenge of integrating historical and future content within its framework, ensuring that these critical resources are available for continued use by agencies statewide. In conclusion, I would like to thank all of the partners involved in making the Maine system the leading online training delivery mechanism in the nation. Most specifically I would like to thank and congratulate you, the user agencies, for your involvement. This has been and will continue to be a joint venture where your participation, regardless of how small or how large, adds strength to the overall program serving hundreds of agencies and thousands of public safety professionals in the state of Maine. I encourage you to contact me with comments and suggestions for the system as we move forward to make the resource as valuable to you as possible. The Maine law enforcement community has the most aggressive online training strategy in the nation. The average Maine officer has completed nearly 150 online classes, a number which vastly exceeds that in any other state. COMMAND POST MAINE CHIEFS OF POLICE ASSOCIATION NEWS BRIEFS FALL MEETING 2014 26