COMMAND POST - Maine Chiefs of Police Association

Transcription

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 Michael Tracy, President
Welcome To The On-line Edition Of The Command Post
Houlton police chief named chief
of the year for 2012
Posted By Jen Lynds
HOULTON, Maine — Houlton Police Chief Butch Asselin, who has spent nearly
four decades serving and protecting the public during a decorated law enforcement
career, earlier this month received the chief of the year award from the Maine Chiefs
of Police Association.
Asselin’s wife, Lauren, knew that he was going to receive the award, but the chief
was surprised when it was presented to him in a ceremony in South Portland.
“I was at a complete loss for words,” he said recently. “I was very humbled to receive the award. This award meant so much to me professionally and personally. As
a police chief, I can tell you that there is no greater honor than to be recognized by
your peers for your dedication to law enforcement and to MCOPA.”
Asselin started his career in law enforcement in 1975 as a patrol officer with the
Skowhegan Police Department, working his way up until he was promoted to chief
in 1997. He joined the Maine Chiefs of Police Association that year. He also immediately become a member of Fight Crime: Invest in Kids, a nonprofit organization
based in Washington, D.C. As a member, he lobbied other police chiefs to join the
organization and traveled to Washington on a number of occasions to address
members of Maine’s congressional delegation to support afterschool programs,
Head Start and prekindergarten programs. On behalf of law enforcement and Fight
Crime: Invest in Kids, he also spoke in 2005 before a congressional subcommittee on
bullying.
He became chief of the Houlton Police Department in 2007. Since taking that position, he has instituted a Citizens Police Academy program that allows local residents
to get better insight into police work. Cadets hear presentations on the department’s budget, drug investigations, crime scene investigations, radar use, community policing programs, the K-9 program, use of force, domestic violence and more.
In 2011, a resident approached the department with concerns about an autistic
relative. Research has revealed that people with autism and other developmental
disabilities are seven times more likely to come into contact with law enforcement
authorities. In response, the chief, his officers and the Aroostook Chiefs of Police
Association sponsored an autism forum geared toward social workers, law enforcement personnel and educators. Asselin launched a successful public safety experiment in 2010 when the department blocked off a section of a heavily traveled area
HOULTON continued, page 3
Summer 2013 Edition
Upcoming
Meetings
Maine Chiefs of
Police Association
n
Summer Meeting
June 5-7, 2013
Hilton Garden Inn
5 Park Street
Freeport, Maine
n
Fall Meeting
September 11-13-2013
Hilton Garden Inn River Watch
14 Great Falls Plaza
Auburn, Maine
Installation of Officers
New England Association
of Chiefs of Police
n
September 8-11, 2013
Radisson Hotel
Plymouth Bay, MA
International Association
of Chiefs of Police
n
120th Annual Conference
October 19-23, 2013
Philadelphia, PA
Contact Bob Schwartz FMI
n
SUMMER MEETING
June 5-7, 2013, Hilton Garden
Inn in Freeport, Maine 04106
Dress for the entire conference
is casual
MEMORIAL SERVICE
The Maine Chiefs of Police Association Annual Memorial Service will be held on Thursday, May 16, 2013
at 1100 hours at the Memorial Site on State Street in Augusta, Maine.
ATTORNEY GENERAL JANET MILLS WILL BE THE KEYNOTE SPEAKER.
All Police departments are asked to send representatives to this service. The service will last approximately
40 minutes and will honor those fallen officers in the state who have made the ultimate sacrifice.
COMMAND POST
2
THOUGHTS FROM THE PRESIDENT / Chief Michael Tracy
It is very impressive to see so many of
the members of our association working
hard every day at the legislative hearings
and through the many conversations
and emails that are circulated to prepare
testimony on the many LD's that are of
particular interest to our members. The
efforts of Chief Doug Bracy (Legislative
and Law Committee Chair), Executive
Director Schwartz, Steve Giorgetti (Legislative Liaison), Brian MacMaster, and the
many chiefs who have sat through long
hearings to offer testimony on behalf of
the association, is tremendous and very
much appreciated. There are too many
dedicated police professionals helping
out to mention in this article. This is your
association at work!
Gun control measures seem to be in
abundance in this legislative session, but
there are a plethora of other pieces of
legislation that affect the law enforcement profession as well. If you have particular interest in one of these LD's and
wish to share your thoughts, or might
want to offer testimony, please contact
Chief Bracy or one of the other committee members so that we can coordinate
our efforts for maximum effect.
My message in the the last Command
Post talked about the Newtown incident,
the public response, and the expectations of law enforcement as a result.
Since that writing, the Boston bombing
incident has taken place and has once
again inflamed the people and brought
to the forefront the fight against terrorism in our country. Obviously, the police
play an important role in that fight. The
Boston Marathon incident was well covered by the police and the subsequent
response was swift and well orchestrated. Many agencies came together to
protect the pubic from further harm and
the incident was thoroughly investigated
and the suspects taken out of commission or apprehended.
We do not see incidents of this scale
everyday, but we do experience crimes
that cross jurisdictional lines and thus
involve multiple
agencies in the
police response
fairly often. The
fact that we can
and do work
together in the furtherance of our mission to protect and serve is testimony to
the reason that the Maine Chiefs of Police
Association exists. Our goal is to serve
as a clearinghouse for information and
this is accomplished through a network
of resources that are the very members
of our great association. I would remind
you once again to use the many sources
of information that are available to you
through the MCOPA and to encourage
your peers to do the same. Just as importantly, share your expertise and knowledge with others so that we all might
benefit as will our chosen profession.
I look forward to seeing everyone at
the summer meeting!
FROM THE EXECUTIVE DIRECTOR / Chief Robert M. Schwartz, Ret.
The Winter Meeting of the Association at the Hilton Doubletree in South
Portland was a great success. The Conference was well attended by association
members. We had 73 vendors attend the
Vendor Show. This was a record number.
The banquet was attended by 90 people.
The training at the winter meeting was
well received with Nancy Kolb Senior
Program Manager from IACP presenting
a class to us on Social Media.
The 120th Annual Convention and
Training Conference of the International Association of Chiefs of Police
will be held on October 19-23rd 2013 in
Philadelphia Pa.I am working with Travel
Planners on a block of rooms for our
members who are planning to attend the
conference.
With the new legislature in session the
association has been busy with bills that
have been submitted for consideration.
At last count there was 21 bills submitted
involving gun rights and conceal weapon
permits. As of this writing none have
passed and hearings have been held on
some. Liaison Steve Giorgetti and Chief
Doug Bracy the Chair of our Legislative
& Law committee must monitor, testify
and work with the legislature committees to represent the best interests of
law enforcement. I would like to thank
the chiefs from
around the
state who have
testified on
some of these
bills. We may
need further assistance as these bills go
through the process. Commissioner John
Morris has assisted the association with
his support on many proposed bills that
affect law enforcement.
The Thomas J. Landers, Charles L. Jackson Scholarship applications for 2013
closed on April 16, 2013. There were 12
EXEC. DIRECTOR continued, page 3
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 2012 - 2013: PRESIDENT - Chief Michael Tracy
1st VICE PRESIDENT - Chief Philip Crowell / 2nd VICE PRESIDENT - Chief James Willis
SERGEANT-AT-ARMS - Chief Michael Field / 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
HOULTON continued from page 1
of town to traffic on Halloween. On that
holiday, the neighborhood becomes congested with vehicles, adults, teenagers,
small children and pets. Because children sometimes wear masks and don’t
always carry flashlights or wear reflective
clothing, the chief was concerned that an
accident might mar the neighborhood’s
strong safety record. He recruited volunteers from the Citizen’s Police Academies
and some officers to watch over the area
for a few hours until it was opened to traffic again. The department now does that
every year.
Asselin also began holding a law
enforcement memorial ceremony every
May during National Police Week to
honor fallen officers and remember their
sacrifice.
Asselin was certified by the International Chiefs of Police Association as a mentor
of new chiefs in 2009, serving as an advisor both nationally and within the state.
He was the recipient of the Maine Chiefs
of Police Association “President’s Award”
in 2012 and 2006 and has won numerous
other accolades.
Town Councilors lauded Asselin for the
award during a meeting last week. Town
Manager Gene Conlogue said that he was
not at all surprised by the award, given
the caliber of the chief’s character.
In a letter of support offered to the
Maine Chiefs of Police Association with
Asselin’s nomination, Kimberly Gore,
Maine state director for Fight Crime:
Invest in Kids, praised the chief for his
support of the organization.
“Throughout his time with our organization, Chief Asselin has been an incredibly strong and powerful advocacy leader
for researching proven public policies
that help give children the right start in
life, keep them safe, and hopefully keep
them away from crime,” she wrote.
“Over the course of the past 14 years
Chief Asselin has also often led our
efforts to meet with Maine’s congressional delegation, helping us advocate
for increased funding for high-quality
early education and care programs, as
well as programs specially addressing
the compelling needs of at-risk children
in poverty,” she continued. “Chief Asselin
has also participated in press conferences
sponsored by Fight Crime: Invest In Kids,
attended the 2007 Governor’s Statewide
Summit on Early Childhood representing
law enforcement, and has raised his voice
on the editorial pages across our state in
support of Maine’s youngest citizens.”
She added that Asselin’s interest in children is “genuine, heartfelt and runs deep.”
Article taken from Bangor Daily News http://bangordailynews.com
New Chiefs & Members
n
n
n
n
Chief Mark Lopez, Carrabassett Valley Police Department, Regular Member
Deputy Chief Daniel Summers, Skowhegan Police Dept., Regular Member
Chief Deputy Steven Lowell, Franklin Sheriff’s Department, Regular Member
SA- In Charge Aaron Steps FBI, Regular Member
ASSOCIATE MEMBERS
n
n
n
Lt. Christopher Massey Augusta PD
Lt. Kevin Lully Augusta PD
Paul Gaspar Executive Director, Maine Association of Police
EXEC. DIRECTOR cont'd from page 2
applications and the scholarship committee will be meeting in the next couple
of weeks to select the recipients for this
year.
The Maine Chiefs Spring Road Show
has been coordinated by Brian MacMaster. Brian has been assisted at the training locations by the Association Districts
Representatives. This training road show
covers five areas of the state and is well
attended as many of the mandatory
training topics are covered in the instruction.
The association has conducted Department Evaluations in Hermon and Eastport so far this year and I would like to
thank the team members for both sites.
Chief Ed Tolan, Chief Robert Moulton and
Chief Michael Morrill did the Hermon
Evaluation and Chief Joe Rogers, Don
O’Halloran and Chief Gary Duquette did
3
Auxiliary News
By
Rhoda MacMaster
We met on February 8, 2013,
at the DoubleTree Hotel in South
Portland. President Laura Tracy
opened the meeting
Christine Greenleaf from Camp
POSTCARD spoke to us and
thanked us for last year’s donations. The backpacks made by Laurie MacDaid were a big hit at the
camp, but all the donations were
much appreciated. We decided to
gather items again for our summer meeting to give to the camp.
Some items needed are t-shirts,
medical kits, backpacks, pens,
pencils, markers, washcloths, suntan lotion, deodorant, toothpaste,
toothbrushes, and fishing equipment. We also talked about a monetary donation but did not have
enough members to vote on it.
Our annual auction was a
success. We would like to thank
all those who donated and also
thanks to our auctioneer, Mike
Coty. We made about $1293.00.
We have one application for our
scholarship. If you have a child
furthering his or her education
at college, you should ask Laura
Tracy or Rhoda MacMaster for an
application.
Ann Gahagan will do a presentation about Camp Adventure, a
diabetic camp for young people, at
our meeting on June 7 at Freeport
Gardens.
This is our casual meeting, so
get out your sandals and summer
clothes if the weather permits. See
you all in Freeport.
the Eastport Evaluation.
I am presently assisting the Town of
Damariscotta with the selection process
of their police chief.
The association has had a new website
developed using newer technology. You
will find this website easier and more
user friendly. If anyone has any recommendations that we may adopt for the
website please feel free to contact me.
The web is www.mainechiefs.com
COMMAND POST
4
MAINE CHIEFS OF POLICE ASSOCIATION
Summer Meeting, June 5-7, 2013 at the Hilton Garden Inn in Freeport, Maine
AGENDA
WEDNESDAY, JUNE 5, 2013
THURSDAY, JUNE 6, 2013
FRIDAY, JUNE 7, 2013
Early Arrivals............. (1500 Check-In Time)
2030 - 2230............... Hospitality Room
0800-0900............Board of Directors Mtg.
0800- 1100...........Registration Open
0900- 1130...........Training
1130 - 1300..........Lunch
1300-1600............Training
0900 - 1200............... Business Meeting
0930 - 1200............... Auxiliary Meeting
12 NOON.................... Meeting Ends
WELCOME
The Hilton Garden Inn staff is looking forward
to our arrival. The hotel has ample rooms
available for the conference.
The Hilton Garden Inn is located at
5 Park Street, Freeport, Maine.
Gordon Graham
Gordon Graham is a 33 year veteran of
California Law Enforcement. His education as a Risk Manager and experience
as a practicing Attorney, coupled with
his extensive background in law enforcement, have allowed him to rapidly
become recognized as a leading professional speaker in both private and public
sector organizations with multiple areas
of expertise.
Mr. Graham is a product of “The Greatest
Generation.” Raised in San Francisco in
the 1950s, he not only learned that love
of God, love of Country, and love of family was critical, but he was also taught the
immense value of continuous learning,
hard work and the importance of always
doing the right thing. These beliefs and
values have become a constant and a
catalyst in his busy life. After his first twelve years of formal
education in the Catholic school system,
Gordon began his undergraduate work
at San Francisco State College during
the tenure of S.I. Hayakawa who further
reinforced those basic values and beliefs.
He was graduated in 1973 with a B.A. in
Business.
In 1973 Gordon was selected as a candidate for a major west coast law enforcement agency. Thereafter, he proudly
ROOMS
(Room reservation cut off, May 8, 2013)
The room rate has been negotiated at $129 per night plus tax.
Please remember the room reservations are your responsibility.
The Hotel phone number is 207-865-1433. Make sure you mention
the Maine Chiefs of Police Conference to get the rate.
CHECK IN TIME IS JUNE 5, 2013 AT 3PM.
served as a motorcycle officer for most of
his first ten years in the Los Angeles area. In addition to his patrol work, he helped
design the first DUI task force, assisted in
the development of the DRE (drug recognition program), was an instructor in
the initial “Mod I and II” Haz Mat program,
and wrote his first of many technical papers: “PCP–An Officer’s Survival Guide.”
Simultaneously he was furthering his
formal education during his off hours.
Spending two years at Long Beach State
College under the tutelage of Dr. Richard
Kaywood led to his receiving a Lifetime
Teaching Credential. Following this degree, he attended
University of Southern California in their
Institute of Safety and Systems Management. He will quickly tell you that this
was the best education he ever received
from the best and the brightest people in
the field. His professors included Chaytor
Mason, Ted Ferry, Bill Petak and Harry
Hurt. His relationship with Professor Hurt
led to his being selected as a team member collecting data for The Hurt Report. Published in 1980, this report on motorcycle fatalities was and is recognized as
the single greatest treatise on motorcycle
safety.
After completing his Masters, his off
duty time was then spent at Western
State University School of Law, where
he was graduated in 1982 with his Juris
Doctorate. He passed the California Bar
Exam the same year and opened his law
offices in Hollywood, where he focused
his efforts on family law, immigration and
personal injury work. In his law enforcement life, Gordon
was promoted to Sergeant in 1982 and
supervised his former unit–the motorcycle cops of his agency assigned to Los
Angeles. He and his fellow Sergeants on
"B” shift stressed the values and beliefs
and built the most productive team of
motorcycle officers in the history of the
department.
During this time period, he saw deficiencies in how officers were trained, and
revolutionized law enforcement training
in California with his SROVT program:
GORDON GRAHAM continued, page 5
COMMAND POST
5
Course Description and Performance Objectives
On June 6, 2013, the Maine Chiefs of Police Association
and Maine Municipal Risk Management Pool is proud to
present a program by Gordon Graham. The focus of this
brief program (0900-1530) will be integrating “real risk
management” into the operations of your law enforcement organization.
The program will commence with some thoughts on
“cause” of tragedies in any profession – focusing on the difference between “proximate” cause – and those problems
“lying in wait” – sometimes for years – that went ignored
and really led to the given tragedy.
The program will continue with a brief overview of the
“rules” that Admiral Rickover put together in the 50’s to
make the nuclear fleet tragedy free – and how these rules
apply to law enforcement operations in Maine. Accompanying these “rules” will be some “strategic hints” to help
attendees focus on what needs to be considered in their
operations.
Following this, Gordon will address the “hot topic” of
Police Civil Liability and provide some proven strategies
on how to better protect your department (and budget)
from unnecessary claims, settlements and verdicts. There
are only so many dollars in your budget, and every dollar
wasted on litigation is taking money from other valuable
programs.
The day will conclude with some thoughts on “The Top
Ten Ways Cops Get in Trouble”. Accompanying this program will be some proven risk strategies to prevent these
problems from occurring.
The presenter of this action packed seminar is Mr.
Gordon Graham, a nationally recognized 33-year veteran
(retired) of California Law Enforcement, and a practicing
attorney with a background and formal education as a risk
manager.
GORDON GRAHAM cont'd from page 4
Solid, Realistic, Ongoing, Verifiable, Training. This daily training bulletin concept
resulted in his later being awarded the
California Governor’s award for excellence in law enforcement training.
His personal life took a definite change
for the better when he met his lovely
bride, Reneé, and they were married in
1983. In 1992 Gordon was transferred to
a staff position and assigned to headquarters where he continued his work
in law enforcement training. He also
sharpened his focus on how his education and training in systems and his legal
background could work together to
improve the quality of law enforcement
operations by incorporating real risk
Mr. Graham combines his vast knowledge in multiple
areas with great humor with the goal of educating the attendee in how to better protect themselves, their employer, their profession and their family.
Those familiar with Mr. Graham know the exciting,
information filled seminars he delivers. The program will
contain foundational information about the value of the
discipline known as Risk Management. In a nutshell,
this is a formalized process of identifying and evaluating
risks, and developing strategies today to eliminate future
problems.
In this program, Gordon will show you how to recognize,
prioritize and mobilize by identifying issues that historically have caused “similarly situated agencies” problems.
BY THE END OF THE PROGRAM, THE ATTENTIVE
ATTENDEE WILL BE ABLE TO:
1. Identify potential problems lying in wait in his/her
respective agency.
2. Develop some control measures to address these
problems.
3. Enhance the feedback loop to prevent future similar problems from occurring.
4. Show the attendees how to learn from the mistakes of “similarly situated” agencies.
5. Leave the program with an expanded level of
knowledge regarding “real” risk management and
how it applies to law enforcement in Maine.
You will not be sorry you spent a day with Gordon Graham.
management into police operations.
During this time window he commenced
delivering his training programs to
private sector organizations, including
those involved in commercial real estate,
hospital operations, manufacturing companies, aerospace operations, nuclear
power plants, auto racing operations and
many others.
He also expanded his efforts to assist
other public safety organizations and in
2002 worked with Chief Billy Goldfeder
to develop FireFighterCloseCalls.com
which is now recognized as “the source”
for information about fire fighter safety. This effort led to his assisting the International Association of Fire Chiefs with
a similar effort–and the development of
their FireFighterNearMiss.com safety site. In 2005 the IAFC awarded Gordon with
the Presidential Award for Excellence for
his lifelong work in improving firefighter
safety and performance.
In 2002, along with Bruce Praet and Dan
Merkle, Gordon became a founder of
Lexipol–a company designed to standardize policy, procedure and training in
public safety operations. Today, most of
the law enforcement agencies in California are using the Lexipol Knowledge
Management System and nearly half of
the States are now using this approach
to law enforcement operations. This
effort has greatly improved the safety of
police personnel while also influencing a
dramatic reduction in claims, settlements
and verdicts adverse to law enforcement
agencies.
COMMAND POST
MAINE CHIEFS OF POLICE ASSOCIATION
Summer Meeting, June 5-7, 2013
at the Hilton Garden Inn, 5 Park Street in Freeport, Maine
REGISTRATION FORM (Please cut out and mail in)
c
I will attend.
c
I will attend training.
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 June 1, 2013
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 Hilton Garden Inn
at 207-865-1433 and make your room reservations.
Cut off dates for rooms is May 8, 2013
Make sure you mention the Maine Chiefs of Police Conference
6
COMMAND POST
BOARD OF TRUSTEES
MAINE CRIMINAL JUSTICE ACADEMY
In-Service Training Requirements for 2012-2013 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.
2012 CALENDAR YEAR
2013 CALENDAR YEAR
2 hours each in:
MCJA Firearms Qualification
New Law / Case Law Updates
Sovereign Citizens
Outlaw Motorcycle Gangs/Street Gangs
Ethics
2 hours each in:
MCJA Firearms Qualification
New Law / Case Law Updates
Cultural Diversity & Biased Based Policing
Drug Recognition and Impairment
Social Media
In addition to the 20 hours of mandatory subject area training listed above for the 2012-2013 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, 2012, and December 31, 2013.
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.
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
7
COMMAND POST
8
Maine Voices: Help police – make gun checks universal
Applying the current law to private sales would keep more firearms out of the wrong hands
and save officers' lives.
By ROBERT M. SCHWARTZ
SOUTH PORTLAND - Law enforcement officers across our
state keep Maine's citizens safe every day. Now, we must ask
our representatives in Congress to do their part by supporting
legislation that would assist police in protecting our communities from the horrific consequences of gun violence.
Those of us in the law enforcement community understand
-- and the people of Maine overwhelmingly agree -- that stopping illegal gun trafficking and requiring background checks
for all gun purchases are measures that will help keep firearms
out of the wrong hands.
The National Instant Criminal Background Check System has
already prevented almost 2 million sales to potentially dangerous individuals by conducting checks that take as little as 90
seconds.
Still, our current background check system is broken. Under
current federal law, gun buyers can avoid background checks
simply by purchasing from private sellers at gun shows or over
the Internet.
Nearly 40 percent of gun transfers are conducted through
this loophole, with no paperwork and no questions asked. It
comes out to more than 6.6 million guns that were transferred
or sold without a background check each year.
Criminals know how to manipulate this system, and without
effective legislation, we are powerless to stop them.
This loophole is not just a bureaucratic error -- it has real and
potentially devastating consequences for Maine's communities.
Just over three years ago, Darien Richardson and her boyfriend were shot by a masked burglar in Portland. Richardson,
a Bowdoin College graduate in her mid-20s, died from her
injuries. The gun was used in another murder a week later, but
because it was purchased from a private seller who did not
conduct a criminal background check, law enforcement could
not track the weapon.
We must not allow these tragedies to continue, and we must
not stand in the way of justice.
Our state's elected representatives in Washington should
listen to the voices of those who put them in office. According
to a recent poll by the bipartisan coalition Mayors Against Illegal Guns, an astonishing 85 percent of Maine citizens support
requiring background checks for every gun sale. Moreover, 82
percent of gun owners nationwide support this common-sense
reform.
Even groups that typically oppose new gun regulations,
such as the Sportsman's Alliance of Maine, have embraced the
fundamental logic of these efforts and backed attempts to
increase voluntary background checks by private dealers.
After all, it would be extremely easy for private sellers to
conduct background checks through any one of Maine's
many licensed gun dealers. While the state has 25 McDonald's
locations and 25 Starbucks coffeehouses, Maine is home to
468 licensed gun dealers. An estimated 98.5 percent of state
residents live within 10 miles of a gun dealer.
In Congress, several bills are pending in the wake of the
tragic shootings in Newtown, Conn., Aurora, Colo., and far too
many other communities across the country. These include a
bill co-sponsored by Sen. Susan Collins that would better equip
law enforcement to halt the flow of illegal guns from states like
Maine to those with less stringent laws, dismantling the socalled "iron pipeline."
However, in negotiations over the bill requiring universal
background checks, some lawmakers are insisting that we
remove any consequences for buyers who fail the background
checks mandated by the new law. Under this toothless system,
unlicensed sellers would not be obligated to report or track
which buyers possessed dangerous backgrounds.
As a longtime police chief, I cannot support a reform that falls
short of saving lives and clearing the way for police to do their
jobs. By applying the current law to all gun sales, we can both
require dealers to keep records of all transactions and mandate
that the FBI destroy records of all clean background checks
within 24 hours. Under this decentralized system, we would
protect the privacy of law-abiding citizens and block would-be
gun traffickers from selling illegal weapons to criminals.
I have worked my entire life on behalf of public safety and
the men and women who provide it every day across our state.
I firmly believe that closing the background check loophole
and preventing illegal gun trafficking will protect law enforcement officers on the front lines.
According to the National Law Enforcement Officers Memorial Fund, more officers were killed by guns than by car accidents
in 2011. For the sake of these public servants and victims of
gun violence everywhere, we must press our elected officials to
support effective solutions to help save American lives.
Officer Fatality Update
Preliminary 2013 Numbers
April 29, 2013
2013
2012
Firearms-related
Traffic-related
Other Causes
15
13
9
14
11
7
%Change
+7%
+18%
+29%
The Memorial Fund is proud to partner with the National Highway Traffic Safety Administration (NHTSA)
on traffic-related officer safety initiatives and with
the Department of Justice (DOJ), Bureau of Justice
Assistance (BJA) on the VALOR program to improve
officer safety. COMMAND POST
9
ANOTHER VIEW: Federal Medicaid grants
could help keep people out of jail
People with mental or substance abuse issues need help before they get in trouble.
By EDWARD GOOGINS
Much has been written about whether
or not Maine should use federal funds to
increase the health coverage for more of
Maine's low-income, uninsured citizens
through Medicaid.
As South Portland's police chief, I
would like to add the perspective of
many of us in law enforcement who support providing this health care coverage.
Police all across our state have seen
a dramatic increase in calls that involve
individuals in need of mental health
services or substance abuse services or
both.
Officers are called upon to intervene
because people haven't received the
medical care they need.
We train our law enforcement officers
to handle the initial response to a broad
range of incidents, including Crisis Intervention Training.
Nevertheless, without proper care,
some of these citizens with mental, emo-
tional or addiction problems become a
danger to themselves and others.
Sadly, many end up in our jails.
Despite our best efforts to deal with
these problems, we know that the best
treatment occurs long before someone
dials 9-1-1.
Extending access to health care coverage by accepting the federal health care
dollars would help up to 69,500 Mainers have access to regular health care,
including mental health and addiction
services.
Such care can help people avoid crisis
and build more stable lives.
Maine has an opportunity to make a
real difference in the lives of thousands
of people.
The ripple effect of doing so will make
our communities stronger and safer,
save state and local government and law
enforcement resources, and ensure that
more people have access to the care they
need.
That's good for all of us.
Edward Googins is chief of police for
the city of South Portland.
Passing of Former Auburn Police Chief in April 2013
It is with deep regret that the Auburn Police Department announces the passing of former Chief Richard “Dick” Small. Chief Small, 55, who was a great leader
and friend of our community, died April 10 at his home in Eustis.
Chief Small was hired on December 26, 1979, and worked his way through the
ranks of the Auburn Police Department, and was Chief of Police from 1999-2006.
Our prayers and thoughts are with the Retired Chief Small's family.
COMMAND POST
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COMMAND POST
11
Maine's unsung heroes, its warden service
By Maureen Milliken
News Editor – Kennebec Journal & Morning Sentinel
Tuesday, the Maine Warden Service issued a news release
saying that four of its wardens were recognized by the state of
Connecticut for their role in helping out after the Sandy Hook
Elementary School shooting that left 26 dead in December.
The Maine Warden Service was formed in 1880. Its first arrest
was of a deer poacher. To many, that’s what wardens still are
— the men and women who, under the auspices of the state’s
Department of Inland Fisheries and Wildlife, enforce the state’s
game laws.
So what were they doing in Newtown, Conn.?
The four wardens — Lt. Tom Ward, Sgt. Jason Luce, Chaplain
Kate Braestrup and retired Lt. Bill Allen — debriefed 11 state
environmental police officers who were first responders to the
shooting.
Debriefing. It sounds so unlike what it really is.
The four members of the warden service’s Critical Incident
Stress Management team were there to help ease the pain and
trauma those first responders felt after seeing the bodies of
20 children and six teachers, all shot to death that December
morning.
The team “was organized nearly a decade ago as a means to
provide game wardens with the tools to help manage critical incidents often faced as part of their job,” according to Cpl.
John MacDonald. “The team provides a safe and confidential
environment and emphasizes family, proper eating, sleeping,
and exercising habits, and encourages open discussions related
to a particular incident.”
In this week’s news release, MacDonald added, “It can be very
comforting to express one’s feelings and involvement with an
incident and to hear that others are experiencing similar reactions.”
Mainers, especially those who live north of the state’s “urban
sprawl” of Portland and vicinity, have long been familiar with
the warden service.
Anyone who spends time outdoors knows the wardens will
be out there too, in the woods and on the lakes and rivers.
But recently, the service is finally getting the props it deserves farther afield, and the belief wardens exist only to catch
moose and deer poachers is being replaced with the realization
that they are so much more.
It all started a few years ago, when Camden mystery writer
Paul Doiron first featured warden Mike Bowditch in “The
Poacher’s Son,” published by Minotaur in 2010 and nominated
for an Edgar — mystery writers’ version of an Oscar.
Suddenly, everyone was asking about Maine wardens, and
Doiron found himself the national go-to guy.
When he was writing “The Poacher’s Son,” the first of what
will be four Bowditch mysteries when Massacre Pond comes
out in July, Doiron said he couldn’t find many references to
wardens in pop culture.
“Really, the only example I could locate was Bill Pullman playing a khaki-shirted pseudo-warden in the horror movie ‘Lake
Placid.’ That’s the film about swimmers in a northern Maine lake
being eaten by a giant alligator.
“We’ve come a long way, baby,” Doiron said.
“I like to think my books have introduced Maine game wardens to readers who never knew about them previously,” Doiron
said this week. The Poacher’s Son has been translated into 10
languages, and “I have received inquiring emails about the Warden Service from as far away as Australia and Japan,” he said.
While Doiron introduced wardens into popular culture, TV
has made them that 21st-century symbol of really having made
it: reality TV stars.
The Animal Planet show “North Woods Law” follows wardens
in different parts of the state as they not only enforce game
laws, but also confront drunken Massachusetts hunters and
chase down speeding ATVers.
For those in central Maine, there are also more poignant
moments that hit home for us: the search in Big Wood Pond in
Jackman for drowned boater Stephen Coleman and an unsuccessful ice-cold winter search of the Kennebec River in Waterville for missing toddler Ayla Reynolds.
“One aspect of the Maine warden’s job that I try to emphasize is that they really are off-road police officers,” Doiron said.
“In other states, conservation officers have more limited arrest
powers and their responsibilities don’t always extend to allterrain vehicles, boating and snowmobiling.
“Some readers are always surprised to learn that our wardens
are full-fledged cops.”
“Between ‘North Woods Law’ and, to a lesser extent, my Mike
Bowditch novels, the Maine Warden Service definitely seems to
be enjoying a moment of national attention.”
It’s a good thing. In the 1970s and ’80s, the Warden Service
used to get thousands of applications. In 2007, that was down
to 70, making it tough to find qualified applicants, according to
outdoors blogger John Holyoke. A year ago he wrote that since
the TV show, interest in the service had grown.
National attention or no, the wardens keep doing what they
do in that friendly, humble, no-frills Maine way.
A warden, Terry Hughes, was instrumental in tracking down
and arresting Christopher Knight, the now world-famous North
Pond Hermit.
Then there’s the group that helped the first responders at
Sandy Hook Elementary deal with the emotional aftermath of
that day who were recognized this week.
But it’s a more prosaic moment that also says everything you
need to know about Maine Game Wardens.
One of the best moments in “North Woods Law’s” two seasons so far was when Warden Kris McCabe, based in Farmington, saw blood and marks in the snow near a partially frozen
creek and realized an injured loon was trapped under the ice.
McCabe’s successful rescue of the loon, his compassion, enthusiasm and joy, may have been on reality TV; but it was pure,
simple reality.
Hard not to love the wardens. And now the rest of the world
can see why.
Maureen Milliken is news editor for the Kennebec Journal and
Morning Sentinel.
COMMAND POST
12
COMMAND POST
13
Updates from the Maine Bureau of Highway Safety
Robert Annese,
Law Enforcement Liaison
May 2013
Enforcement Campaigns: The “Drive
Sober Maine” Impaired Driving Enforcement Campaign is currently in effect
with 45 Sheriffs and Municipal agencies
and all 8 Troops of the Maine State Police
participating. The Campaign will run
through September 2013.
The Bureau is in the process of awarding funding for the “Buckle Up, No Excuses!”, High Visibility Seat Belt Enforcement
Campaign. 83 agencies throughout the
State have applied for funding to conduct overtime details targeting unbelted
operators and passengers during both
daytime and nighttime hours. This Campaign will be held from May 20 through
June 2, 2013.
13 agencies have received a third
round of Speed Enforcement grants.
These agencies were chosen due to the
high incidents of speed related crashes
within their jurisdictions. The agencies
involved in the project are: York Police
Dept., York Sheriffs Dept., South Portland
Police Dept., Saco Police Dept., Scarborough Police Dept., Lewiston Police Dept.,
Augusta Police Dept., Penobscot Sheriffs
Dept., Auburn Police Dept., Brunswick
Police Dept., Kennebec Sheriffs Dept.,
Cumberland Sheriffs Dept., Androscoggin
Sheriffs Dept.
The Maine State Police are the recipients of additional grant funding to assist
them in their efforts to combat the statewide problem of excessive speed.
Regional Impaired Driving Enforcement Team: The Cumberland County
Regional Impaired Driving (RIDE) Team
will commence with details in May and
will staff these throughout the summer
in various locations around Cumberland
County. Last year, the Team conducted
12 details. With the addition of 6 new
Team members, we should be able to
expand the number of saturation patrols
and sobriety checkpoints this year. The
York County RIDE Team is being established. We will be holding our first Team
meeting the end of April at the York
County Sheriffs Office.
Committee Meetings: The next
meeting of the Impaired Driving Task
Force will be held at the Department of
Public Safety on Thursday, May 16, 2013
beginning at 1:00 pm.
The Teen Driver Safety Committee
Meeting will be held at the Department
of Public Safety on Wednesday, May 15,
2013 from 9 am to 11 am.
Blood Technician Training for Law
Enforcement Officers: The Blood Technician training for law enforcement officers
is underway in a big way. On April 1 & 2,
we conducted the first class at the Southern Maine EMS facility in Gorham. Daniel
Thompson (Paramedic for Portland Fire
Dept.) and Lisa McVane (phlebotomist) are
the lead instructors for this 16 hour class.
They are assisted by Chris Montagna (Forensic Director for the DHHS Lab), Robert
Annese (Law Enforcement Liaison), Sgt.
Scot Mattox, Esq, (Portland Police Dept.),
Officer Robert Libby (South Portland
Police Dept. and an experienced blood
technician) and a number of area EMTs
and paramedics. The first class added 24
new blood technicians to the roster. Day 1
of the class is spent learning about history,
basic anatomy and physiology, aseptic
techniques and blood borne pathogens.
Day 2 is dedicated to supervised hands-on
practice on dry and wet manikin hands
and arms, a final written exam and a final
practical test. The second class was held
at the Scarborough Police Dept. on April
16 & 17. This class also graduated 24 new
law enforcement blood technicians. There
are two more sessions scheduled: May 1
& 2 at the Orono Police Dept. and June 19
& 20 at the Presque Isle Police Dept.
The Teen Driver Awareness Program:
With the upcoming prom and graduation
season, this is, once again, the busiest
time for the TDAP. We have numerous events and presentations planned
throughout the State. In the month of
April alone, we facilitated events at Jay
High School, Morse High School, Madison High School, Telstar High School,
Buckfield High School, Mountain Valley
High School and Medomak Valley High
School. The Bureau of Highway Safety
has also partnered with WGME, Channel
13, Portland to bring their “No Text Zone”
program into area high schools.
2013 Fatalities: The current fatality
count for the State (January 1 through
April 23, 2013) stands at 25. The fatalities
for the same dates last year was 35.
MISSION STATEMENT
The mission of the Maine Bureau of
Highway Safety is to save lives and reduce
injuries on Maine roads and highways;
through strong leadership, partnerships
with other public and private organizations, innovation, facilitation, project and
program support, and through the effective and efficient administration of traffic
safety grant funds.
Please visit our web site at http://www.
maine.gov/dps/bhs for more information
and to view the 2013 Highway Safety
Plan.
COMMAND POST
14
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KRISTY COOKSON, Plaintiff, v. ) No. 2:11-cv-460-DBH
CITY OF LEWISTON, et al.,Defendants )
RECOMMENDED DECISION ON DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
The plaintiff in this action alleging excessive use of force has
sued the City of Lewiston, its police chief, and three of its police
officers. All of the defendants now move for summary judgment. I recommend that the court grant the motion.
I. Applicable Legal Standard
A. Fed. R. Civ. P. 56
Summary judgment is appropriate “if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.” Fed. R. Civ.
P. 56(a); Santoni v. Potter, 369 F.3d 594, 598 (1st Cir. 2004). “A
dispute is genuine if the evidence about the fact is such that a
reasonable jury could resolve the point in the favor of the nonmoving party.” Rodríguez-Rivera v. Federico Trilla Reg’l Hosp. of
Carolina, 532 F.3d 28, 30 (1st Cir. 2008) (quoting Thompson v.
Coca-Cola Co., 522 F.3d 168, 175 (1st Cir. 2008)). “A fact is material if it has the potential of determining the outcome of the
litigation.” Id. (quoting Maymi v. P.R. Ports Auth., 515 F.3d 20, 25
(1st Cir. 2008)).
The party moving for summary judgment must demonstrate
an absence of evidence to support the nonmoving party’s case.
Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). In determining whether this burden is met, the court must view the record
in the light most favorable to the nonmoving party and give
that party the benefit of all reasonable inferences in its favor.
Santoni, 369 F.3d at 598. Once the moving party has made a
preliminary showing that no genuine issue of material fact
exists, the nonmovant must “produce specific facts, in suitable
evidentiary form, to establish the presence of a trialworthy issue.” Triangle Trading Co. v. Robroy Indus., Inc., 200 F.3d 1, 2 (1st
Cir. 1999) (citation and internal punctuation omitted); Fed. R.
Civ. P. 56(c). “As to any essential factual element of its claim on
which the nonmovant would bear the burden of proof at trial,
its failure to come forward with sufficient evidence to generate
a trialworthy issue warrants summary judgment to the moving
party.” In re Spigel, 260 F.3d 27, 31 (1st Cir. 2001) (citation and
internal punctuation omitted).
B. Local Rule 56
The evidence that the court may consider in deciding whether genuine issues of material fact exist for purposes of summary
judgment is circumscribed by the local rules of this district. See
Loc. R. 56. The moving party must first file a statement of material facts that it claims are not in dispute. See Loc. R. 56(b). Each
fact must be set forth in a numbered paragraph and supported
by a specific record citation. See id. The nonmoving party must
then submit a responsive “separate, short, and concise” statement of material facts in which it must “admit, deny or qualify
the facts by reference to each numbered paragraph of the
moving party’s statement of material facts[.]” Loc. R. 56(c). The
nonmovant likewise must support each denial or qualification
with an appropriate record citation. See id. The nonmoving
party may also submit its own additional statement of material
facts that it contends are not in dispute, each supported by a
specific record citation. See id. The movant then must respond
to the nonmoving party’s statement of additional facts, if any,
by way of a reply statement of material facts in which it must
“admit, deny or qualify such additional facts by reference to the
numbered paragraphs” of the nonmovant’s statement. See Loc.
R. 56(d). Again, each denial or qualification must be supported
by an appropriate record citation. See id.
Failure to comply with Local Rule 56 can result in serious
consequences. “Facts contained in a supporting or opposing
statement of material facts, if supported by record citations as
required by this rule, shall be deemed admitted unless properly
controverted.” Loc. R. 56(f ). In addition, “[t]he court may disregard any statement of fact not supported by a specific citation
to record material properly considered on summary judgment”
and has “no independent duty to search or consider any part
of the record not specifically referenced in the parties’ separate
statement of fact.” Id.; see also, e.g., Sánchez-Figueroa v. Banco
Popular de P.R., 527 F.3d 209, 213-14 (1st Cir. 2008); Fed. R. Civ.
P. 56(e)(2) (“If a party fails to properly support an assertion of
fact or fails to properly address another party’s assertion of fact
as required by Rule 56(c), the court may . . . consider the fact
undisputed for purposes of the motion[.]”).
II. Factual Background
On the evening of December 1, 2009, defendant Lewiston
police officer Raymond Vega attempted to stop a pickup truck
that was being operated erratically by the plaintiff, and which
he recognized from his arrest of the plaintiff for operating
under the influence one week earlier. Defendants’ Statement
of Material Facts (“Defendants’ SMF”) (ECF No. 20) ¶ 1; Plaintiff’s
Opposing Statement of Material Facts (“Plaintiff’s Responsive
SMF”) (ECF No. 22) ¶ 1. Vega used his cruiser’s emergency lights,
spotlight, and siren while trying to get the truck to stop, but
the plaintiff refused to pull over. Id. ¶ 2. The plaintiff attempted
to elude Vega by operating her vehicle in a dangerous and
reckless manner through the city, including reaching speeds
of 80 miles per hour, ignoring traffic signals, driving on the
sidewalk through a road construction area, and operating on a
major one-way street in the wrong direction. Id. ¶ 3. Defendant
Lewiston police officer Keith Caouette, who was also operating
a marked police cruiser, joined the high speed pursuit behind
Vega’s cruiser. Id. ¶ 4. During the pursuit, Caouette was in
position to observe the dangerous operation of the plaintiff’s
vehicle and the resulting danger she posed to other motorists
and to pedestrians waiting to cross Central Avenue in the area
of Bates College. Id. ¶ 5.
DISTRICT COURT continued, page 15
COMMAND POST
DISTRICT COURT continued from page 14
The plaintiff lost control of her vehicle at a high rate of speed
when she failed to negotiate a curve on Central Avenue, skidding off the road into the parking lot of an apartment building
and crashing into a parked car. Id. ¶ 6. After the initial crash,
the plaintiff’s vehicle was lodged into the parked vehicle it
had struck, but the plaintiff immediately began efforts to free
her vehicle from the accident wreckage. Id. ¶ 7. Vega parked
his cruiser and ran to the driver’s side of the plaintiff’s vehicle,
drawing his service pistol because he believed that the plaintiff
represented a serious threat to the safety of others in the area if
she could free her vehicle and resume the dangerous operation
he had witnessed. Id. ¶ 8.
Vega began shouting orders to the plaintiff to turn off the engine and get out of the vehicle, but she ignored his commands
and continued her efforts to free her vehicle from the wreckage,
revving the engine at a high rate of speed, spinning the tires,
and rocking the pickup back and forth. Id. ¶ 9. Vega saw Caouette arrive on the scene and begin to approach the rear of the
vehicle on foot when it suddenly lurched backward and began
to back up. Id. ¶ 10. Believing that Caouette was in danger of
being struck by the vehicle, Vega fired two shots into the left
front tire in an attempt to disable the vehicle. Id. ¶ 11.
As the plaintiff continued to move her vehicle back and forth
violently, both officers believed that they were in imminent
danger of being run over or pinned against adjacent structures
by the plaintiff’s vehicle as she attempted to escape, and both
fired multiple shots at the plaintiff in an attempt to stop her
operation of the vehicle. Id. ¶ 13. At the time the officers fired at
the plaintiff, her vehicle was in motion. Id. ¶ 14. After the officers
fired at her, the plaintiff continued to operate the vehicle and
attempt to escape, driving in reverse across the lawn and driveway of the apartment building until crashing into some trees at
the top of an embankment. Id. ¶ 15.
Both officers then ran to the vehicle, believing at that time
that none of the bullets they had fired had struck her. Id. ¶ 16.
As Vega reached the plaintiff’s vehicle, shouting orders to turn it
off, the plaintiff continued to spin the tires and rev the engine,
showing no signs of having been injured and still appearing intent on escaping. Id. ¶ 17. Vega reached into the vehicle
through the shattered driver’s window and tried to take physical control of the plaintiff, but she resisted his efforts, pulling
away from him and kicking at him. Id. ¶ 18.
Seeing that Vega was unsuccessful at gaining control of the
plaintiff, Caouette told him to stand aside and then deployed
his Taser through the open window, striking the plaintiff and
briefly immobilizing her. Id. ¶ 19. After the initial Taser cycle was
complete, Caouette reached inside the vehicle and unlocked
the door. Id. ¶ 20. The plaintiff got out of the vehicle through
the door upon Caouette’s command to do so. Id.
Defendant Lewiston police officer William Rousseau arrived at
the scene, got out of his cruiser, and approached the plaintiff’s
pickup truck, which had backed into the trees and was not moving. Id. ¶ 21. As Rousseau approached the vehicle, he observed
Caouette giving the plaintiff instructions to exit the vehicle,
with the darts and wires from the Taser still attached to her. Id.
15
COMMAND POST
16
¶ 22. As he reached the driver’s side of the vehicle, Rousseau
heard the plaintiff say that she had been shot as she got out
of the vehicle and Caouette had her lie on the ground. Id. ¶ 23.
Rousseau placed his handcuffs on the plaintiff, for officer safety,
assessed her injuries, and, finding a wound on the left side of
her chin, ran to his cruiser to retrieve a medical kit while other
officers removed the handcuffs and began administering first
aid to the plaintiff as she was turned onto her back. Id. ¶ 24.
The physical evidence at the scene, the statements of Caouette and Vega, and the statements provided to the Attorney
General’s investigators by civilian eyewitnesses with a clear
view of the scene all supported the reconstructionist’s conclusion that the plaintiff freed her vehicle from the initial crash debris and moved rapidly in reverse across the lawn and driveway
of the apartment building, posing a clear risk that she could run
over the officers who were on foot near the vehicle. Id. ¶ 32.
suggest that any other specific constitutional right is alleged to
have been violated. Opposition at 3-6.
III. Discussion
A. Rousseau and Bussiere
The defendants first argue that the plaintiff did not respond
to their arguments with respect to any liability of defendant
Rousseau, or defendant Bussiere in his individual capacity, and
ask that summary judgment be entered in their favor for that
reason. Defendants City of Lewiston, Chief Bussiere, Officers
Vega, Rousseau and Caouette’s Reply to Plaintiff’s Opposition
to Motion for Summary Judgment (“Defendants’ Reply) (ECF
No. 23) at 1. The plaintiff’s memorandum of law and statement
of material facts make no case for Rousseau’s liability, merely
including his name in the caption of a section of the memorandum in which only the actions of Vega and Caouette are
discussed and noting in the statement that Rousseau rendered
medical aid after the arrest and that his training records are
non-specific. Plaintiff’s Objection to Defendants’ Motion for
Summary Judgment (“Opposition”) (ECF No. 21) at 3-9; Plaintiff’s Responsive SMF ¶¶ 26, 48. That absence of any evidence of
liability, rather than the plaintiff’s failure to argue this point, is
why summary judgment should be entered for Rousseau on all
counts asserted against him. See, e.g., Forbis v. City of Portland,
No. 02-135-P-H, 2003 WL 21250675, at *14 (D. Me. May 29,
2003).
The plaintiff discusses failure to train as a basis for municipal
liability on her claims, Opposition at 9-12, and she alleges that
“failure to follow through with a training policy that has been
promulgated is well within the purview of Defendant Bussiere
as chief policy maker for the Lewiston Police Department.” Id. at
12. This is a sufficient mention of Bussiere to require the court
to consider the merits of the plaintiff’s argument with respect
to him.
B. Counts I and IV
Counts I and IV assert claims under 42 U.S.C. § 1983 and the
Maine Civil Rights Act. Complaint ¶¶ 41-44, 53-54. In this court,
both claims are governed by the same legal standard. Forbis v.
City of Portland, 270 F.Supp.2d 57, 61 (D. Me. 2003). The complaint alleges violation of unspecified constitutional rights. The
defendants contend that their actions were reasonable under
the Fourth Amendment. Motion at 4-14. The plaintiff does not
As this court has stated:
“Excessive force claims are founded on the Fourth Amendment right to be free from unreasonable seizures of the
person.” Raiche v. Pietroski, 623 F.3d 30, 36 (1st Cir. 2010)
(citing U.S. Const. amend. IV). “The Fourth Amendment is
implicated where an officer exceeds the bounds of reasonable force in effecting an arrest or investigatory stop.” Id. In
Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d
443 (1989), the United States Supreme Court applied an objective reasonableness standard to the use of force by a law
enforcement officer during an arrest and held that “all claims
that law enforcement officers have used excessive force—
deadly or not—in the course of an arrest . . .of a free citizen
should be analyzed under the Fourth Amendment and its
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COMMAND POST
‘reasonableness’ standard, rather than under a ‘substantive
due process’ approach.” Id. at 395. It held that three factors
are relevant to determine the reasonableness of the force:
(1) “the severity of the crime at issue”; (2) “whether the suspect poses an immediate threat to the safety of the officers
or others”; and (3) “whether he is actively resisting arrest
or attempting to evade arrest by flight.” Id. at 396; Raiche,
623 F.3d at 36. At the same time, the Supreme Court has
observed that “judges should be cautious about secondguessing a police officer’s assessment made on the scene,
of the danger presented by a particular situation.” Ryburn v.
Huff, __ U.S. __, 132 S.Ct. 987, 181 L.Ed.2d 966, 992 (2012).
In Graham, the Court wrote that reasonableness “must be
judged from the perspective of a reasonable officer on the
scene, rather than with the 20/20 vision of hindsight” and
that “[t]he calculus of reasonableness must embody allowance for the fact that police officers are often forced to make
split-second judgments—in circumstances that are tense,
uncertain, and rapidly evolving.” Graham, 490 U.S. at 396-97.
Cote v. Town of Millinocket, __ F.Supp.2d __, 2012 WL
4510664, at *39 (D. Me. Sept. 28, 2012).
The use of deadly force is reasonable when a suspect “poses
a significant threat of death or serious physical injury” to the
officers involved. Tennessee v. Garner, 471 U.S. 1, 3 (1985). Here,
the plaintiff argues that the officers used deadly force three
times: when Vega fired into the tire of her truck, when Vega
and Caouette shot at her, and when Caouette shot her with his
Taser. Opposition at 4.
With respect to the shooting of the tire, case law establishes
that, independent of the question of whether such activity
constitutes the use of deadly force, no seizure has taken place
when the shots are fired in an unsuccessful attempt to stop
a vehicle, so no Fourth Amendment claim will lie. See, e.g.,
Adams v. City of Auburn Hills, 336 F.3d 515, 520 (6th Cir. 2003);
Cole v. Bone, 993 F.2d 1328, 1332-33 (8th Cir. 1993); Bradford
v. Bracken County, Civil Action No. 09-115-DLB-JGW, 2012 WL
2178994, at *21 n.10 (E.D. Ky. June 13, 2012); Colone v. Burge,
No. 00 C 9008, 2002 WL 31628205, at *3 (N.D. Ill. Nov. 21, 2002)
(discussing cases). Cf. St. Hilaire v. City of Laconia, 71 F.3d 20,
26 (1st Cir. 1995) (once it has been established that seizure occurred, court should examine actions and events leading up to
seizure in relation to reasonableness).1
Nor does the use of a Taser constitute the use of deadly force.
E.g., Sandberg v. City of Torrance, 456 Fed.Appx. 711, 713, 2011
WL 5154229, at **2 (9th Cir. Nov. 1, 2011) (referring to use of
Taser as “use of non-deadly force”); McKenney v. Harrison, 635
F.3d 354, 362 (8th Cir. 2011) (Murphy, J., concurring) (use of
Taser is less than deadly force); see also Parker v. Gerrish, 547
F.3d 1, 6 (1st Cir. 2008) (noting that the South Portland police
force lists a Taser below deadly force on use of force continuum). Thus, only the shot which hit the plaintiff need be considered under the standard applicable to the use of deadly force.
The use of the Taser, which occurred after or during the seizure,
should be reviewed under the general standard recited in Cote.
The parties do not agree with respect to the first element
of the Cote test, the severity of the crime at issue. The plaintiff
17
says that the crime at issue was “[e]luding,” which she identifies
as a felony offense. Opposition at 5. The defendants mention
only operating under the influence, Motion at 2, which can be
a felony under Maine law. State v. Teachout, 2011 ME 37, ¶¶ 3-4,
16 A.3d 155, 157-58. I see no basis upon which to distinguish
between the two in terms of severity.
On the second element, whether the suspect presented an
immediate threat to the safety of the officers or others, the
defendants assert that the plaintiff “acted dangerously and
without
1 If Vega’s firing of two rounds into the left front tire of the
plaintiff’s truck were to be considered for reasonableness, that
standard is easily met. The plaintiff has admitted that she led
Vega and Caouette on a high speed chase, Defendants’ SMF ¶¶
3-6, Plaintiff’s Responsive SMF ¶¶ 3-6; that she crashed into a
parked car and immediately began revving the engine at a high
rate of speed, spinning the tires, and rocking the truck back and
forth in an effort to free it, id. ¶¶ 6-9; that she ignored Vega’s
commands, id. ¶ 9; that the truck suddenly lurched backward
and began to back up as Caouette was approaching it from
the rear, id. ¶ 10; and that Vega believed that Caouette was in
danger of being struck by the truck, id. ¶ 11. Under these circumstances, Vega’s attempt to disable the vehicle by shooting into
its front tire was eminently reasonable.
regard to the safety of the public, including anyone in the
path of her escape” and that her “erratic operation of her truck
placed Officers Vega and Caouette in imminent danger of seriDISTRICT COURT continued, page 18
COMMAND POST
ous bodily injury or death.” Motion at 6. The plaintiff responds
that “at the time of the altercation, the Plaintiff was in a motor
vehicle which, although its engine was on and revving was not
moving toward Defendant[]s Vega and Caouette or any other
individual at the scene. In fact both Defendant Caouette and
Defendant Vega were beside the vehicle at the time the firearms and Taser w[ere] deployed.” Opposition at 5.
Of course, something more serious than an “altercation” was
taking place when the officers shot at the plaintiff and when
Caouette applied the Taser. The plaintiff supports her view of
events with a citation to paragraphs 2 and 3 of her statement of
material facts. Id. Those paragraphs, both of which are admitted by the defendants,2 Defendant’s Responsive SMF ¶¶ 2-3,
provide, in full, as follows:
2. The majority of the shell casings found at the scene were
found beside [] the path of travel of Plaintiff’s vehicle.
3. The Taser used by Defendant Caouette generated a
video recording of the deployment of the Taser.
Plaintiff’s SMF ¶¶ 2-3 (citations omitted).
Taken as true for purposes of summary judgment, these two
paragraphs do not support the assertion that, at the time the
officers fired at the plaintiff, the truck was not moving toward
either officer or any other individual. Nor do they establish that
the officers were beside the truck at the time that they fired;
the truck could have traveled past the area where the shell casings were found either before or after the officers fired.
2 The defendants object to paragraph 2 of the plaintiff’s
statement of material facts and ask the court to strike it “[t]o the
extent the fact is intended to support a conclusion that Defendants Caouette and Vega were never in the path of travel of the
Plaintiff’s vehicle at the time they fired shots at her[.]” Defendants’
Responsive SMF ¶ 2. The court cannot read into the paragraph
any additional facts that do not necessarily arise from the facts as
stated, and the facts as stated do not support the conclusion for
which the plaintiff offers the paragraph. Therefore, the objection
is moot.
In addition, the plaintiff does not mention the use of the
Taser in her discussion of the Cote factors. The use of the Taser
does not present a close question, on the facts submitted.
The plaintiff had refused to comply with the officers’ orders to
stop, crashed into a parked vehicle in an apartment complex’s
parking lot, backed out of the debris of that crash and lurched
backward while Caouette was behind the vehicle, drove in
reverse across the lawn and driveway of the apartment building and crashed into some trees at the top of an embankment,
then continued to spin the tires and rev the engine until Vega
reached in through the broken driver’s side window, whereupon she physically resisted his efforts, pulling away from him
and kicking at him. Defendants’ SMF ¶¶ 2, 6-7, 9-10, 14-15,
17-18; Plaintiff’s Responsive SMF ¶¶ 2, 6-7, 9-10, 14-15, 17-18.
At the time the Taser was fired, the plaintiff posed a threat to
the safety of the officers, and to the public, should she have
succeeded in repulsing the officers and again been able to
drive away. She was certainly attempting to evade arrest and to
continue her flight from the officers. All of the Cote factors are
met in a manner that can only lead to the conclusion that the
18
firing of the Taser was reasonable under the circumstances.
That leaves the firing of the officers’ weapons. The first and
third Cote factors remain the same: the crime at issue was or
could have been a felony,3 and the plaintiff was attempting to
evade arrest and continue her flight. The deadly force standard
applies here: did the plaintiff’s actions at the time the shots
were fired “pose a significant threat of death or serious physical
injury?” “At the time the officers fired at Plaintiff, her vehicle was
in motion and the officers
3 With respect to the seriousness of the offense, the First
Circuit said in Parker that “[t]hough driving while intoxicated is a
serious offense, it does not present a risk of danger to the arresting officer that is presented when an officer confronts a suspect
engaged in an offense like robbery or assault.” 547 F.3d at 9.
The First Circuit found it significant for the purpose of evaluating the first Cote element that the suspect “complied with [the
officer’s] requests and exited the vehicle voluntarily,” so that he
no longer posed the threat of driving while intoxicated. Id. The
latter facts distinguish this case from Parker, but even if Parker
were to require this court to construe the first element of the test
in the plaintiff’s favor, the second and third factors favor the
defendants.
believed they were in danger of being run over or pinned
against one of the nearby structures by Plaintiff.” Defendants’
SMF ¶ 14; Plaintiff’s Responsive SMF ¶ 14.
An officer who reasonably believed that a suspect might run
over him or another officer with the suspect’s vehicle is justified
in using deadly force. Estate of Shaw v. Sierra, 336 Fed. Appx.
522, 524, 2010 WL 609640, at **1 (5th Cir. Feb. 17, 2010). While
the reasonableness of the use of deadly force is a fact-specific
inquiry, on the undisputed facts in the summary judgment
record, and with consideration of paragraphs 2 and 3 of the
plaintiff’s statement of material facts, and given the Supreme
Court’s admonition to avoid second-guessing the split-second
decisions of law enforcement officers, no reasonable jury could
conclude that the officers’ discharge of their weapons under
the circumstances of this case was unreasonable.
Vega and Caouette are accordingly entitled to summary
judgment on Counts I and IV.4 Given this conclusion, there is no
need to address the parties’ arguments, Motion at 12-14, Opposition at 6-9, addressing the doctrine of qualified immunity. See
Roy v. Inhabitants of the City of Lewiston, 42 F.3d 691, 695 (1st
Cir. 1994) (“In police misconduct cases, . . . the Supreme Court
has used the same ‘objectively reasonable’ standard in describing both the constitutional test of liability, and the Court’s own
standard for qualified immunity.”) (citations omitted).
C. Count II
Count II alleges that the City of Lewiston and Chief Bussiere
failed to hire, train, supervise, and discipline police officers
“to ensure that such officers would not use excessive force”
and adopted policies inadequate to ensure that police officers
“adhered to standards of constitutional law in their use of force.”
Complaint ¶¶ 45-50. Her opposition to the motion for summary
judgment, however, mentions only an alleged lack of training
of the three defendant
4 I have already concluded that Rousseau is entitled to sumDISTRICT COURT continued, page 19
COMMAND POST
mary judgment on all claims asserted against him.
officers, asserting, without citation to any authority, that “only
one firearm training in the seven years prior to this incident is
deficient.” Opposition at 11.
In the absence of a finding that the officers involved violated
the plaintiff’s constitutional rights, there can be no municipal liability. Norton v. City of South Portland, 831 F.Supp.2d 340, 366
(D. Me. 2011). See also Hayden v. Grayson, 134 F.3d 449, 456 &
n. 13 (1st Cir. 1998). I will nonetheless address the merits of this
count in case my recommendation concerning Counts I and IV
is not adopted.
1. City of Lewiston and Bussiere in His Official Capacity
In order to establish municipal liability5 under 42 U.S.C. §
1983 for failure to train, supervise, or discipline, or for faulty hiring or failure to adopt policies to prevent constitutional violations, the plaintiff must demonstrate that there was deliberate
indifference to those responsibilities. Cote, 2012 WL 4510664, at
*29. “The deliberate indifference standard is a stringent standard of fault, requiring proof that a municipal actor disregarded
a known or obvious consequence of his action or inaction.” Id.
(citation and internal quotation marks omitted).
To demonstrate deliberate indifference a plaintiff must
show (1) a grave risk of harm, (2) the defendant’s actual or
constructive knowledge of that risk, and (3) his failure to take
easily available measures to address the risk. Furthermore, §
1983 imposes a causation requirement: a § 1983 plaintiff ordinarily must show that the municipality through its deliberate conduct was the moving force behind the injury alleged.
Id. (citations and internal punctuation omitted).
When the town’s hiring practices are challenged, “before
holding a municipality liable for a police officer’s excessive
force, we have required plaintiffs to prove that the municipality knew that the excessive force would be a plainly obvious
consequence of hiring the officer.” Id. (citations and internal
quotation marks omitted). The plaintiff has made no such
showing here.
5 To the extent that Bussiere is sued in his official capacity,
Complaint at 1, the court will treat the claims against him simultaneously with those asserted against the municipality. Cote, __
F.Supp.2d __, 2012 WL 4510664, at *29.
In order to be held liable under § 1983 for failure to train, a
municipality “would first have to have been placed on notice
of inappropriate actions by the officer and would have to do
nothing or fail to take additional reasonable measures after it
learned that its initial remedies were ineffective.” Id. (citation
and internal punctuation omitted). 6 In order to succeed on
a claim of lack of training in general, a plaintiff must present
evidence of a pattern of similar constitutional violations. Id. at
31. Again, the plaintiff in this case has offered no such evidence.
Nor has she offered any evidence of failure to supervise or discipline Vega, Caouette, or Rousseau.
Remaining for consideration in connection with Count II is
the plaintiff’s policy-based allegation. There must be a direct
causal link between a municipal policy or custom and the
alleged constitutional deprivation in order for the plaintiff to
19
recover on this claim; the policy or custom must have been
the moving force behind the alleged constitutional violation.
Hayden, 134 F.3d at 456. If the plaintiff relies on custom rather
than a formally adopted municipal policy, the custom “must be
so well-settled and widespread that the policymaking officials
of the municipality can be said to have either actual or constructive knowledge of it yet did nothing to end the practice.”
Bordanaro v. McLeod, 871 F.2d 1151, 1156 (1st Cir. 1989).
The plaintiff cites case law that applies these standards, but
does not provide any evidence that would allow a reasonable
factfinder to conclude that either exists in Lewiston. Opposition at 9-12. She appears to rely only on a “promulgated” policy
concerning use of force and training, but does not address how
that policy was the “moving force” behind Vega and Caouette’s
actions on the day in question, particularly since she alleges
that the policy was not
6 It is highly doubtful that the plaintiff could have provided
such evidence in any event, as she admitted that “[p]rior to December 1, 2009, the Lewiston Police Department had not received
complaints against either Officers Caouette, Vega or Rousseau
specifically, or Lewiston Police Department officers generally, that
would indicate that the Department had a problem with officers
using unlawful force in connection with arrests and arising out of
inadequate policies, training, supervision or discipline. Defendants’ SMF ¶ 45; Plaintiff’s Responsive SMF ¶ 45.
COMMAND POST
followed with respect to these officers. Id. She does not argue
that it was a custom, as that term is defined for purposes of her
claim, to ignore the written policy, a necessary underpinning
to her claim, nor does she provide any factual allegations in her
statement of material facts that would support the existence of
such a custom.
2. Bussiere’s Individual Liability
Bussiere, the chief of the Lewiston Police Department, was
not present at the scene of the incident that gives rise to this
action. The law requires that a claim asserted against him
under section 1983 be based on his own acts or omissions. The
plaintiff’s opposition does not address Bussiere’s individual
liability at all, but, as noted earlier, summary judgment cannot
be granted on the basis of that omission alone.
In section 1983 cases,
supervisory liability typically arises in one of two ways:
either the supervisor may be a primary violator or direct
participant in the rights-violating incident, or liability may
attach if a responsible official supervises, trains, or hires a
subordinate with deliberate indifference toward the possibility that deficient performance of the task eventually
may contribute to a [deprivation of a constitutional right]. In
the latter scenario, . . . the analysis focuses on whether the
supervisor’s actions displayed deliberate indifference toward
the right of third parties and had some causal connection to
the subsequent tort. In either case, the plaintiff in a Section
1983 action must show an affirmative link, whether through
direct participation or through conduct that amounts to
condonation or tacit authorization, between the actor and
the underlying violation.
Sanchez v. Pereira-Castillo, 590 F.3d 31, 49 (1st Cir. 2009) (citations and internal quotation marks omitted).
Only the second alternative could possibly be at issue in this
case. “The deliberate indifference required to establish a supervisory liability/failure to train claim cannot plausibly be inferred
from the mere existence of a poorly-implemented [policy.]” Id.
at 49-50. That is all that the plaintiff offers in this case, and it is
not enough.
The City of Lewiston and Bussiere are entitled to summary
judgment on Count II.
D. Count III
Count III alleges Negligence against defendants Caouette, Rousseau, and Vega. Complaint ¶¶ 51-52. I have already
concluded that Rousseau is entitled to summary judgment on
all claims asserted against him. The defendants contend that
Caouette and Vega are entitled to discretionary function immunity on this claim. Motion at 18-20.
Under 14 M.R.S.A. § 8111(1)(C), Maine governmental employees are immune from civil liability that might otherwise arise
out of their performance of discretionary functions. Police officers’ use of force is a discretionary act that is provided immunity by this statute, unless the conduct at issue is so egregious
that it clearly exceeds any discretion that the officer could have
possessed. Berube v. Conley, 506 F.3d 79, 86 (1st Cir. 2007). The
20
application of the discretionary function immunity created by
section 8111 is a question of law. Moore v. City of Lewiston, 596
A.2d 612, 616 (Me. 1991).
The plaintiff asserts that “discharging a firearm at a motor
vehicle that is stuck” and “the employ of a Taser on a wounded
individual” are actions by Vega and Caouette that clearly
exceeded, as a matter of law, the scope of any discretion they
could have possessed. Opposition at 13. However, the plaintiff has admitted that her truck was moving when the officers
shot at it, Defendants’ SMF 14; Plaintiff’s Responsive SMF ¶ 14,
and, even assuming that Caouette knew that the plaintiff was
wounded when he fired the Taser, a fact which he disputes, Defendants’ SMF ¶¶ 16, 30; Defendants’ Responsive SMF ¶ 5, she
nonetheless has admitted that, after she was hit, she continued
to operate her truck and attempt to escape, showed no signs
of having been injured, and physically resisted Vega’s efforts to
control her, pulling away and kicking him. Defendants’ SMF ¶¶
15, 17-18; Plaintiff’s Responsive SMF ¶¶ 15, 17-18.
These facts place Caouette’s use of the Taser squarely within
the scope of his discretion under the circumstances. See generally Cerbelli v. City of New York, No. 99-CV-6846 (ARR) (RML),
2008 WL 4449634, at *21-*22 (E.D.N.Y. Oct. 1, 2008).
The officer defendants are entitled to summary judgment on
Count III.
IV. Conclusion
For the foregoing reasons, I recommend that the defendants’
motion for summary judgment be GRANTED.
NOTICE
A party may file objections to those specified portions of a
magistrate judge’s report or proposed findings or recommended
decisions entered pursuant to 28 U.S.C. § 636(b)(1)(B) for which
de novo review by the district court is sought, together with a supporting memorandum and request for oral argument before the
district judge, if any is sought, within fourteen (14) days after being
served with a copy thereof. A responsive memorandum and any
request for oral argument before the district judge shall be filed
within fourteen (14) days after the filing of the objection.
Failure to file a timely objection shall constitute a waiver of the
right to de novo review by the district court and to appeal the
district court’s order.
Dated this 7th day of February, 2013.
/s/ John H. Rich III
John H. Rich III
United States Magistrate Judge
COMMAND POST NEWSLETTER
Designed by Jean Cousins
www.jeancousins.com • [email protected]
COMMAND POST
21
COMMAND POST
22
LEGISLATIVE AND LAW COMMITTEE REPORT
126th LEGISLATIVE SESSION
Compiled for the Maine Chiefs of Police Association Summer Command Post
April 24, 2013
The 126th Legislature has been extremely busy since January
and the Maine Chiefs of Police Association has monitored or
testified on 34 bills. Listed below are the bills that the Association is monitoring or presenting testimony on along with the
actions that were taken by either the committee of jurisdiction,
House, Senate, or Governor:
LD 17 (HP 21)
"An Act To Require Motorists To Stop for Pedestrians
in Crosswalks"
(Emergency)
Sponsored by Representative Terry Morrison
SUMMARY
Current law requires the operator of a motor vehicle to yield
the right-of-way to a pedestrian crossing within a marked
crosswalk. This bill requires the operator of a motor vehicle to
stop and yield the right-of-way to a pedestrian crossing within
a marked crosswalk.
Reference Committee: TRANSPORTATION COMMITTEE
Last Senate Action: 3/7/2013 - Placed in the Legislative Files
(DEAD).
MCOPA Position: Monitor
LD 19 (SP 11)
"An Act To Facilitate Access to Information by Legislators"
Sponsored by Senator Margaret Craven
SUMMARY
This bill requires an agency or official having custody of a
public record to waive inspection, copying and mailing fees if
the requester is a member of the Legislature who serves on the
legislative committee having subject matter jurisdiction over
the agency or official.
Reference Committee: JUDICIARY COMMITTEE
Latest Committee Report: Not Reported Out
LD 36 (HP 31)
"An Act To Amend the Laws Governing Record Keeping for
Pawn Transactions"
Sponsored by Representative Teresea Hayes
SUMMARY
This bill requires that pawnbrokers maintain in their records
digital photographs of property pawned and digital photographs of the consumers who pawn the property.
Reference Committee: Labor, Commerce, Research and Economic Development Committee
Last Senate Action: 3/28/2013 - Pursuant to Joint Rule 310.3
Placed in Legislative Files (DEAD)
LD 57 (SP 24)
"An Act To Exempt Occupants of Antique Autos from Seat
Belt Requirements"
(Emergency)
Sponsored by Senator Ronald Collins
Reference Committee: Transportation Committee
Last House Action 4/9/2013 - Reports READ.
LD 60 (HP 52)
"An Act To Reduce the Number of Public Safety Answering
Points"
Sponsored by Representative Heather Sirocki
SUMMARY
Current law requires the Public Utilities Commission, Emergency Services Communication Bureau to establish a total of
between 16 and 24 public safety answering points. This bill reduces to 2 the total number of public safety answering points.
Reference Committee: ENERGY, UTILITIES AND TECHNOLOGY
COMMITTEE
Last Senate Action: 2/7/2013 - Pursuant to Joint Rule 310.3
Placed in Legislative Files (DEAD).
LD 66 (HP 69)
"An Act To Require That Motorcyclists Wear Helmets"
Sponsored by Representative Paulette Beaudoin
SUMMARY
Current law requires persons under 18 years of age to wear a
helmet when operating a motorcycle or riding as a passenger
on a motorcycle as well as persons operating under a learner's
permit or within one year of completing a driving test and any
passengers. This bill requires all operators and passengers of
motorcycles on public ways to wear protective helmets. This bill
also corrects cross-references.
Last Senate Action: 4/10/2013 - Placed in Legislative Files
(DEAD).
LD 68 (HP 71)
"An Act To Prohibit the Use of a Handheld Mobile Telephone
LEGISLATIVE continued, page 23
COMMAND POST
LEGISLATIVE continued from page 22
while Operating a Motor Vehicle"
Sponsored by Representative Paulette Beaudoin
SUMMARY
This bill prohibits the use of a handheld mobile telephone
while operating a motor vehicle. The bill clarifies that law
enforcement officers, corrections officers, firefighters, drivers of
authorized emergency vehicles, holders of commercial driver's
licenses, physicians, municipal public works personnel, Maine
Turnpike Authority personnel and state transportation personnel, including all employees and contractors of the Department of Transportation, may use handheld mobile telephones
while driving within the scope of their employment. The bill
makes the offense a traffic infraction. This bill does not affect
the current prohibition against text messaging while operating
a motor vehicle.
Last Senate Action: 4/10/2013 - Placed in Legislative Files
(DEAD).
MCOPA Position: Against
Last Senate Action: 4/10/2013 - Placed
in Legislative Files (DEAD).
LD 71 (HP 64)
"An Act To Amend the Laws Governing Pawn Transactions"
Sponsored by Representative Lori Fowle
SUMMARY
This bill:
1. Requires that pawnbrokers maintain in their records digital
photographs of property pawned or purchased;
2. Requires that pawnbrokers file with the law enforcement
agency of jurisdiction digital photographs of the properties
pawned or purchased during the preceding calendar month;
3. Requires that, if the redemption or repurchase period is
less than 30 days and the pawned property is not redeemed
or repurchased by the consumer, a pawnbroker may not sell or
alter the property until the property has remained in the pawnbroker's possession for 30 days after the expiration of the time
for which it was pawned; and
4. Requires that if a pawnbroker purchases tangible personal
property without any condition of repurchase by the seller for a
fixed price within a fixed period of time, the pawnbroker must
retain the property and may not sell or alter the property for a
period of not less than 60 days after the purchase.
Reference Committee: LABOR, COMMERCE, RESEARCH AND
ECONOMIC DEVELOPMENT
COMMITTEE
Latest Committee Action: Voted, Apr 5, 2013, OTP - AM
MCOPA Position: For
LD 85 (SP 36)
"An Act To Amend the Motor Vehicle Ignition Interlock Device
Requirements in the Laws Regarding
Operating Under the Influence"
23
Sponsored by Senator Dawn Hill
SUMMARY
This bill increases the minimum mandatory driver's license
suspension for a person convicted of operating under the influence who has 3 or more previous offenses within a 10-year period from 6 to 8 years and removes the requirement that such a
person install for a period of 4 years an ignition interlock device
in the motor vehicle the person operates, but authorizes the
Secretary of State to reinstate the license of such a person after
4 years of suspension if the person has installed for a period
of 4 years an ignition interlock device in the motor vehicle the
person operates.
Reference Committee: Criminal Justice and Public Safety
Committee
LD 95 (HP 77)
"Resolve, To Create the Task Force on the Prevention of
Sexual Abuse of Children"
(Emergency)
Sponsored by Representative Joyce Maker
SUMMARY
This resolve establishes the Task Force on the Prevention
ATTENTION
STATE - COUNTY - CITY - TOWN
STATE - COUNTY - CITY- TOWN
LAW ENFORCEMENT
ENFORCEMENT AGENCIES
AGENCIES
BAYINTERCEPTOR
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NEW
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AD COMING
Police Interceptor Utility
Police Interceptor Sedan
I look forward to the opportunity to provide you
information on these NEW Ford Police Interceptor
models and show you our competitive bid prices
CASCO BAY FORD
1213 US Route 1
Yarmouth, ME 04096
Email [email protected]
(800) 295-1505
Bob Berwick
Fleet Manager
COMMAND POST
of Sexual Abuse of Children, which is directed to study issues
regarding child sexual abuse in Maine and to recommend policies to address those issues. The policies may include age-appropriate curricula for school children from prekindergarten to
grade 5 and methods to increase teacher, student and parent
awareness of the issues regarding child sexual abuse. The task
force is also directed to submit a report to the Joint Standing
Committee on Health and Human Services, and the joint standing committee is authorized to introduce a bill to the Second
Regular Session of the 126th Legislature based on that report.
Reference Committee: Health and Human Services Committee
Latest Committee Action: Reported Out, Apr 17, 2013, OTP AM
LD 104 (HP 86)
"An Act To Amend the Laws Governing Public Records"
Sponsored by Representative Mary Nelson
SUMMARY
This bill amends the laws governing public records in 3 ways.
First, it adds an exception to the definition of "public records"
under the Freedom of Access Act for e-mail addresses obtained
by a political subdivision of the State for the sole purpose of
disseminating non-interactive communications to individuals. Second, the bill eliminates the cap on the hourly rate that
a governmental entity may charge to cover the actual cost
of searching for, retrieving and compiling a requested public
record and establishes a definition of "actual cost" that is tied to
the hourly rate paid to employees to fulfill a request. Third, the
bill creates an exception to the Freedom of Access Act for documents submitted to a municipal board of appeals that describe
or verify the mental or physical disability of a person who is
seeking a variance from certain land use regulations in order to
accommodate the disability.
Reference Committee: Judiciary
LD 111 (HP 93)
"An Act To Restrict the Sale, Purchase and Use of Fireworks in
the State"
Sponsored by Representative Michel Lajoie
SUMMARY
This bill repeals the provisions of law enacted in Public Law
2011, chapter 416 that permit the sale, purchase and use of
consumer fireworks.
Reference Committee: Committee on Criminal Justice and
Public Safety
Latest Committee Action: Apr 9, 2013 - Carry Over Requested
LD 133 (HP 108)
"An Act To Allow an Operator of a Motor Vehicle To Show
Proof of Insurance by Electronic Means"
Sponsored by Representative Joyce Fitzpatrick
24
SUMMARY
This bill provides that evidence of liability insurance or financial responsibility may be in electronic form.
Reference Committee: Insurance and Financial Services
Committee
Latest Committee Action: Reported Out, Apr 8, 2013, OTP AM
LD 140 (HP 115)
"An Act To Create a Permanent Wabanaki Law Enforcement
Seat on the Board of Trustees of the Maine
Criminal Justice Academy"
Sponsored by Representative Madonna Soctomah
SUMMARY
This bill provides a permanent seat on the Board of Trustees
of the Maine Criminal Justice Academy for a representative of
the 5 Wabanaki tribal governments. The tribal representative
must be chosen for a 2-year term by a process determined by
the tribal governments. The process must require that the position rotate among the 5 tribal governments.
Latest Committee Action: Reported Out - Apr 9, 2013, OTP/
ONTP
COMMAND POST
LD 152 (HP 127)
"An Act To Authorize the Commissioner of Agriculture, Conservation and Forestry To Nominate Certain
Rangers in the Division of Forestry To Become Conservation
Law Enforcement Officers"
Sponsored by Representative Mark Dion
SUMMARY
This bill authorizes the Commissioner of Agriculture, Conservation and Forestry to nominate forest rangers in the Department of Agriculture, Conservation and Forestry, Division of Forestry as candidates to become conservation law enforcement
officers with the same powers as law enforcement officers.
Candidates nominated to become conservation law enforcement officers must successfully meet and maintain the training
standards and requirements for other state law enforcement
officers. In the event that the Commissioner of Agriculture,
Conservation and Forestry nominates one or more forest rangers as conservation law enforcement officers, the bill allows
the commissioner, in consultation with the Commissioner of
Public Safety, to develop a plan to address the training needs
of forest rangers to become conservation law enforcement officers. It also provides a definition of the term "conservation law
enforcement officer."
Reference Committee Criminal Justice and Public Safety
Committee
MCOPA Position: Support
LD 166 (SP 55)
"An Act To Criminalize Importation of So-called Bath Salts
Containing Synthetic Hallucinogenic Drugs"
Sponsored by Senator Edward Mazurek
SUMMARY
This bill prohibits the importation of synthetic hallucinogenic
drugs.
Reference Committee: CRIMINAL JUSTICE AND PUBLIC SAFETY
LD 168 (SP 57)
"An Act To Establish Reasonable Restrictions on the Use of
Fireworks"
Sponsored by Senator Christopher Johnson
CONCEPT DRAFT SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to establish reasonable restrictions on the
sales and use of fireworks in the State. This bill would establish
a mechanism for reviewing and determining whether restrictions should be placed on the use of fireworks depending on
factors, including, but not limited to:
1. The level of fire danger within the area at the time of
intended use;
2. The presence of farm animals in the area, and the propensity of such animals to suffer adverse health effects from
exposure to the noise accompanying fireworks or, as a result
25
of fear resulting from exposure to such noise, to endanger others;
3. The interests of summer residents and tourists, and the
interests of local businesses that provide services to such residents and tourists;
4. The interests of year-round residents in living without unreasonable disturbances to their peace and tranquility; and
5. The effects on veterans who suffer from post-traumatic
stress disorder, for whom exposure to fireworks carries the
potential to trigger debilitating symptoms that have severe and
long-lasting effects on their health and ability to function.
The mechanism for reviewing and determining the establishment of fireworks restrictions must evaluate the impact of the
use of fireworks on tourism in the State, and balance the interests of the private individuals who choose to use fireworks and
the members of the public who are then necessarily exposed
to those fireworks. Restrictions imposed on the use of fireworks
may include, among other things, a requirement to obtain a
permit from the State Fire Marshal, a requirement to obtain
local fire permits, limitations on the times during the day, week
or month that fireworks may be used and the establishment of
firework-free zones throughout the State.
Latest Committee Action: Carry Over Requested, Apr 9, 2013
LD 187 (HP 148)
"An Act To Permit Temporary Operation of a Motor Vehicle
with an Expired Operator's License Solely
for the Purpose of Traveling Home or Renewing the License"
Sponsored by Representative Alan Casavant
SUMMARY
This bill allows a law enforcement officer to issue a permit
to a person whose operator's license has expired within the
previous 90 days to allow that person to drive to the operator's
residence or to an office of the Department of the Secretary of
State, Bureau of Motor Vehicles for the sole purpose of renewing the operator's license.
Reference Committee
Governor Action:
MCOPA Position: Transportation Committee
4/8/2013 - Signed by the Governor, Public Law Chapter 24
Support
LD 188 (HP 149)
"An Act To Criminalize Possession of a Suspended or Revoked
Concealed Handgun Permit"
Sponsored by Representative Timothy Marks
SUMMARY
This bill requires the holder of a revoked concealed handgun
permit to immediately surrender that license to the issuing authority. It also prohibits a person from possessing a suspended
or revoked concealed handgun permit and makes a violation a
Class E crime.
COMMAND POST
LD 189 (HP 150)
"An Act To Establish a Central Concealed Handgun Permit
Database"
SUMMARY
This bill directs the Commissioner of Public Safety to establish an online concealed handgun permit database that is accessible by law enforcement, courts and bail commissioners for
the purpose of tracking concealed handgun permits.
LD 191 (HP 152)
"An Act To Authorize the Suspension of a Concealed Handgun Permit"
SUMMARY
This bill allows the issuing authority of a concealed handgun permit to suspend that permit if the issuing authority has
reasonable cause to believe the permit holder's permit may
be subject to revocation. It also provides the permit holder an
opportunity for a hearing on the issuing authority's decision to
suspend the permit.
LD 196 (HP 157)
"An Act Regarding the Implementation of the Quality Assurance Program for Public Safety Answering Points"
Sponsored by Representative Roberta Beavers
SUMMARY
This bill directs the Public Utilities Commission, Emergency
Services Communication Bureau to implement the public
safety answering point quality assurance program established
in 2010 through the use of one or more 3rd-party vendors and
ensure that the financing of that program is accomplished with
resources other than increased assessments to the municipalities subscribing to or providing the public safety answering
point services.
Reference Committee Energy, Utilities and Technology
Committee
Latest Committee Action: Carry Over Requested Apr 12, 2013
LD 206 (HP 167)
"An Act To Protect Title to Real and Personal Property of
Public Employees"
26
Sponsored by Representative Anne Graham
SUMMARY
This bill permits a civil action by a public employee to recover
damages from a person who files a lien or encumbrance
against the real or personal property of the public employee
knowing or believing the lien or encumbrance to be false or
without legal authority. The public employee is authorized to
recover damages in the amount of the value of the lien or encumbrance and legal costs attributable to bringing legal action.
Reference Committee: Judiciary Committee
Latest Committee Action: Voted, Mar 26, 2013, OTP - AM
LD 222 (HP 183)
"An Act Designating the Chief of the State Police as the Only
Issuing Authority of a Permit To Carry a Concealed
Handgun"
SUMMARY
This bill makes the Chief of the State Police in the Department of Public Safety the sole issuing authority in the State
for concealed weapons permits.
LD 236 (SP 72)
"An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use"
Sponsored by Senator John Patrick
SUMMARY
This bill regulates unmanned aerial vehicles, including their
acquisition and lawful operation by law enforcement agencies in collecting, disclosing and receiving information and the
retention of information collected. For the permitted operation
of an unmanned aerial vehicle, the bill requires the consent
of the subject person, a warrant or court order, an emergency
situation that threatens life or serious bodily injury or an emergency enforcement situation that threatens national security
or evinces conspiratorial criminal conduct requiring immediate
operation of the vehicle before a warrant can be obtained.
The bill also allows delayed service of a warrant or court
order informing the subject person until after the warrant's
or order's issuance if necessary for avoiding certain adverse
results. The bill provides for a private right of action or enforcement by the Attorney General for a violation and disallows the
use of any information collected in violation as evidence in a
hearing or court of law. The bill requires the Attorney General
to report certain information concerning the use of unmanned
aerial vehicles to the Legislature and the Administrative Office of the Courts and for law enforcement agencies and the
Attorney General to post certain information on their publicly
accessible websites
COMMAND POST
Latest Committee Action: Work Session Held, Apr 11, 2013,
TABLED
'LD 263 (SP 96)
"An Act To Require Dealers of Secondhand Precious Metals To
Keep Records To Aid Law Enforcement"
Sponsored by Senator Troy Jackson
SUMMARY
This bill requires every dealer engaged in the purchase of
secondhand precious metals to record specific information on
each bill of sale before completing the purchase of any secondhand precious metals. The bill requires dealers engaged in
the purchase of secondhand precious metals to maintain these
records for one year and to make the records available to law
enforcement or a prosecuting attorney.
Reference Committee Labor, Commerce, Research and
Economic Development
Latest Committee Action: Reported Out, Apr 9, 2013, ONTP
LD 267 (SP 100)
"An Act Regarding the Sale of Firearms at Gun Shows"
Sponsored by Senator Stanley Gerzofsky
SUMMARY
This bill requires that a national instant criminal background
check be performed prior to the sale or transfer of a firearm at
a gun show. The bill makes a gun show operator responsible
for any failure to perform a required background check and
subject to a fine of up to $10,000 for each such failure. The bill
also requires gun show operators to post signs at gun shows to
notify exhibitors of the background check requirement and
equires gun show operators to provide unlicensed sellers
and transferors with access to licensed sellers and transferors
who will undertake the required background checks.
Latest Committee Action: Work Session Held, Apr 22, 2013,
TABLED
LD 275 (SP 108)
"Resolve, To Require the Emergency Services Communication
Bureau To Expand the Existing Quality Assurance System"
Sponsored by Senator Thomas Saviello
SUMMARY
This resolve directs the Public Utilities Commission, Emergency Services Communication Bureau to expand its quality
assurance system to include fire and police call processing and
dispatching and also to expand its emergency medical dispatch
structured protocol system to include equivalent fire and police
protocols and to authorize necessary 9-1-1 funding.
Reference Committee: Energy, Utilities and Technology
Latest Committee Action: Carry Over Requested, Apr 12, 2013
27
LD 297 (HP 206)
"An Act To Require Forest Rangers To Be Trained in Order To
Allow Them To Carry Firearms"
Sponsored by Representative Larry Dunphy
SUMMARY
This bill repeals 2 provisions of Public Law 1999, chapter
352 that require the Commissioner of Conservation to sell all
bulletproof vests, firearms and related equipment and that
prohibit the commissioner from purchasing bulletproof vests,
firearms or related equipment without specific authorization
by the Legislature. This bill requires the Director of the Division
of Forestry within the Department of Agriculture, Conservation
and Forestry to develop a policy that requires all forest rangers
to attend and complete a law enforcement training course at
the Maine Criminal Justice Academy as a condition of continued employment. Forest rangers employed as such on the day
this bill takes effect are required to attend the 4-week preservice training course and forest rangers hired after the effective
date are required to take the basic law enforcement training
course. A forest ranger who has already attended a law enforcement training course at the Maine Criminal Justice Academy is
exempt.
The bill also requires the State Supervisor of the forest protection unit in the Division of Forestry and the director of the
Maine Criminal Justice Academy to develop a plan to provide
training to forest rangers in the use of firearms, bulletproof
vests and other related equipment. The State Supervisor is
directed to develop a plan to furnish such firearms and equipment to those forest rangers for the performance of their law
enforcement duties. The plans must be submitted to the Joint
Standing Committee on Agriculture, Conservation and Forestry
and the Joint Standing Committee on Criminal Justice and
Public Safety for review no later than November 1, 2013 and
implemented, including furnishing firearms and related equipment, no later than January 1, 2014.
LD 345 (HP 250)
"An Act To Ensure the Confidentiality of Concealed Weapons
Permit Holder Information"
(Emergency)
Sponsored by Representative Corey Wilson
SUMMARY
This amendment is the majority report of the Joint Standing
Committee on Judiciary.
This amendment replaces the bill. It clarifies the current law
concerning the confidentiality of concealed handgun permit
information. It also provides that the permanent record that an
issuing authority is required to make when issuing a concealed
handgun permit is confidential, except that the municipality of
residence of the permit holder, the date the permit was issued
and the date the permit expires are public. The confidential
COMMAND POST
information may be disclosed for criminal justice purposes or
permitting purposes to law enforcement officers or issuing
authorities.
The amendment directs the Chief of the State Police to develop a plan for the availability of statistical information about
concealed handgun permits and the issuing process. The Chief
of the State Police shall submit a report to the Joint Standing
Committee on Criminal Justice and Public Safety no later than
January 15, 2014 that contains the plan along with any proposed implementing legislation. The Joint Standing Committee
on Criminal Justice and Public Safety may report out legislation
to the Second Regular Session of the 126th Legislature upon
receipt of the report. The plan must address specific data elements, whether a model permit would be desirable and a process to collect and make available statewide statistics and may
include any other information or recommendations concerning
issues about concealed handgun permits.
This amendment includes a mandate preamble to exempt
the identified mandate on local government issuing authorities
from the finding requirement.
This amendment provides an effective date of April 30, 2013,
which is immediately after Resolve 2013, chapter 1 is repealed.
Reference Committee: Judiciary
Last Senate Action: 4/25/2013 - PASSED TO BE ENACTED MCOPA Position: Support
LD 380 (HP 255)
"An Act To Clarify the Law Concerning the Threatening
Display of Dangerous Weapons"
Sponsored by Representative Drew Gattine
SUMMARY
This bill amends the law regarding threatening display or
carrying of a dangerous weapon by clarifying that "display in a
threatening manner" includes to display a dangerous or deadly
weapon in a public place in a way that causes a reasonable
person to suffer intimidation or alarm.
Latest Committee Action: Voted, Apr 22, 2013, ANT. DIV. REP.
LD 415 (SP 157)
"An Act To Require a Warrant To Obtain the Location Information of a Cell Phone or Other Electronic Device"
Sponsored by Senator Roger Katz
SUMMARY
This bill prohibits a government entity from obtaining the
location information of a cellular telephone or other electronic
device without a valid warrant, except that a government entity may obtain such information with the consent of the owner
or user of the electronic device, to respond to the user's call for
emergency services or to respond to certain emergency situations when a warrant cannot be issued in time to avert death or
serious physical injury. It also authorizes the Attorney General
to designate a law enforcement officer to obtain location information without a warrant in cases where there is an imminent
threat of serious physical injury or a threat to national security.
This bill requires a government entity to inform the owner
28
or user of an electronic device that location information was
obtained from that person's device within 3 days of obtaining
the location information, unless the court determines there is
good cause to delay this notification.
This bill also requires judges involved with granting warrants
to obtain location information to report their activities regarding the warrants to the Administrative Office of the Courts
annually. It directs the Administrative Office of the Courts to
provide a summary of those reports to the Legislature.
Reference Committee Judiciary
Latest Committee Action: Voted, Apr 11, 2013, ANT. DIV. REP.
LD 526 (HP 345)
"An Act To Allow for the Disposition of Certain Items Confiscated from Criminals Convicted of Sexual
Exploitation of Minors"
Sponsored by Representative Thomas Tyler
SUMMARY
This bill amends the law concerning criminal forfeiture of
equipment used in the sexual exploitation of minors by extending the period in which a motion may be filed for forfeiture of
the equipment, allowing a representative of a law enforcement
agency to bring the motion, expanding the list of electronic
equipment that may be seized and allowing the representative
of a law enforcement agency to recommend to the court the
final disposition or use of the forfeited equipment.
Reference Committee Criminal Justice and Public Safety
Latest Committee Action: Reported Out, Apr 5, 2013, ONTP
Passing, in April 2013, of former Gardiner
Commissioner of Public Safety. Also,
former President of the Maine Chiefs
of Police Association, 1977, and past
President of the New England Association
of Chiefs of Police.
It is with deep regret that the Gardiner Police Department, the Gardiner Fire Department and the City of
Gardiner announces the passing of former Commissioner
of Public Safety, William "Bill" MacDonald.
Commissioner MacDonald was hired by the Gardiner
Police Department in January of 1954. After rising through
the ranks over the next several years, MacDonald was appointed Commissioner of Public Safety in 1959.
Our prayers and thoughts are with the Retired Chief
MacDonald's family.
COMMAND POST
29
COMMAND POST
30
Police dog "sniff" passes Supreme Court smell test
WASHINGTON (Reuters) - The U.S. Supreme Court ruled on
Tuesday that "the sniff is up to snuff" in a Florida case on how
police may use dogs to track down illegal drugs.
In a unanimous decision, the Supreme Court gave law enforcement authorities greater authority to use dogs to uncover
illegal drugs, upholding a police dog's search of a truck that
uncovered methamphetamine ingredients inside.
The justices said that training records had established the reliability of Aldo, a German shepherd, in sniffing out contraband,
and that Florida's Supreme Court erred in suppressing evidence
he found in Clayton Harris' pickup truck.
"The question - similar to every inquiry into probable cause
- is whether all the facts surrounding a dog's alert, viewed
through the lens of common sense, would make a reasonably
prudent person think that a search would reveal contraband or
evidence of a crime," Justice Elena Kagan wrote for the court. "A
sniff is up to snuff when it meets that test."
Harris' case is one of two the court is considering this term
about the validity of evidence obtained by drug-sniffing dogs.
A decision has yet to be issued in the second case.
Tuesday's decision could make it easier for police to use dogs
to sniff for drugs without first having to show with great specificity how well-trained the dogs were.
The court has often allowed dog searches, including of luggage at airports and cars at checkpoints. Harris' case has been
watched closely by criminal defense advocates.
INCENTIVE TO TRAIN
A Liberty County, Florida, K-9 officer named William Wheetley
had allowed Aldo a "free air sniff" outside Harris' truck during
a June 2006 traffic stop, after the defendant had appeared
nervous and refused to consent to a search inside.
Harris' lawyers challenged the search, questioning whether
Aldo's certification and performance showed that he was reliable in sniffing out drugs.
But Florida's Supreme Court concluded that the state had
not sufficiently established how well-trained Aldo was, or how
reliable his nose was.
It therefore ruled the evidence of the methamphetamine
ingredients should not have been admitted against Harris, who
pleaded no contest but was given a right to appeal.
Kagan, however, wrote that Wheetley reasonably believed
there was contraband inside the truck based on Aldo's training,
and that Harris failed to show that Aldo was unreliable.
She said it was enough that a dog's "satisfactory performance" in a certification or training program provided sufficient reason for an officer to trust its alert, even though errors
"may abound" when dogs get put to the test in the field.
"Law enforcement units have their own strong incentive to
use effective training and certification programs, because only
accurate drug-detection dogs enable officers to locate contraband without incurring unnecessary risks or wasting limited
time and resources," Kagan wrote.
Glen Gifford, a public defender representing Harris, did not
immediately respond to a request for comment.
Gregory Garre, a former U.S. solicitor general representing
Florida, said, "We're very pleased with the decision."
SEARCHING INSIDE A HOME
The other dog sniff case, also from Florida, focused on a
search on the doorstep of a home by a chocolate Labrador
retriever, Franky, who had a strong record of sniffing out drug
stashes. The search uncovered marijuana growing inside.
During oral arguments in October, several justices expressed
concern that searches uncovering illegal drugs inside homes
could infringe the expectations of privacy that people have
there, and which might not exist elsewhere.
In 2001, a divided U.S. Supreme Court banned the police's
use of thermal imaging technology from afar to peer inside
homes, because they could uncover things that deserved
privacy.
The case is Florida v. Harris, U.S. Supreme Court, No. 11-817.

COMMAND POST - Maine Chiefs of Police Association

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