Academy Notes - The Northern Virginia Criminal Justice Training

N o r t h e r n Vi r g i n i a C r i m i n a l J u s t i c e T r a i n i n g A c a d e m y
Academy Notes
Online at http://www.nvcja.org/
Volume 7, Issue 3
EXECUTIVE
COMMITTEE
Chief Joseph R. Price, Chair
Chief Richard J. Rappoport, Vice Chair
Sheriff Beth Arthur
Sheriff S. Stephen Bittle
Chief Earl Cook
Chief Daniel A. Dusseau
Chief John C. Evans
Chief Stephen Holl
Chief Douglas Keen
Chief William F. Klugh
Sheriff Dana Lawhorne
Chief Michael F. Lynch
Chief Harry Rietze
Chief M. Douglas Scott
Sheriff Stephen O. Simpson
Chief Darryl C. Smith
Chief Michael A. Taborn
ADMINISTRATION
Bill O’Toole, Executive Director
Tom Fitzpatrick, Dep. Director
Cpt. Brian Gough, Dep. Director
Steve Hall, Basic Training Mgr.
Bob Brendel, In-Service Mgr.
Brian Schmidt, Operations Mgr.
Albert Oglesby, Accreditation Mgr.
Published Quarterly
Fall 2011
Board of Directors Approve
Academy Improvements
As you may already know, the joint
EVOC project was recently completed
well under budget. This was primarily
the result of the state of the national
economy and a very competitive construction bid. Regardless, the EVOC
project was completed with every amenity that was originally planned for and
with some new components or enhancements being added as the project progressed. We ended up with a truly first
rate training venue and with a substantial surplus, something that rarely happens with government capital projects. Much of the credit for the quality
of this project goes to Tom Fitzpatrick,
Sherry Sprague, and Nick Tucci who,
along with their counterparts from
Prince William County, stayed focused
on and committed to the success of this
project since its inception.
At the completion of the project,
our academy’s share of the surplus was
more than five million dollars. The majority of the surplus funds will be used
to reduce the annual debt service payments that each of our jurisdictions is
responsible for. We recommended that
(Academy Improvements Continued on page 2)
Inside this Issue
Academy Improvements.............. 1
Middleburg Chief ........................ 2
Measuring Effectiveness ............. 3
Arlington 9-11 5k ........................ 3
Physical Fitness Corner ............... 4
2011 Fitness Challenge ............... 5
In-Service News .......................... 5
EVOC News ................................ 6
Legally Speaking ........................ 7
Green Challenge .......................... 8
Use of Force Issues ..................... 9
Functional Fitness ..................... 10
Northern Virginia Criminal Justice
Training Academy
45299 Research Place
Ashburn, VA 20147-2600
Phone: 703-729-4299
Fax: 703-729-4634
Web: www.nvcja.org
Contact: Steve Smylie
Executive Director O’Toole addresses the recruits of Basic Law Enforcement Session 125 during a 9/11 memorial assembly. LE125 started on July 26, 2011 with
85 students representing 12 agencies. Female recruits comprise 34% of this class.
This class will graduate on December 19, 2011 at George Mason University.
Make progress every day.
- James Earl Jones
Volume 7, Issue 3
A CADEMY NO TES
Pag e 2
New Chief in Middleburg
The Academy staff is
pleased to congratulate
Chief William F. Klugh
upon his appointment as
Chief of Police for the
Town of Middleburg. In
August of this year, Bill
retired from the City of
Fairfax Police Department as Deputy Chief
after 27 years of service.
As Deputy Chief (Major)
since 2002 he oversaw
the four divisions as well
as the budget, grant programs, strategic planning and
major events. He first served in Fairfax as a patrol officer and has been a Community Services Officer, Detective, Corporal, Sergeant, Lieutenant and Captain. During his career he has supervised and/or commanded the
patrol, criminal investigations, and professional standards divisions. Chief Klugh has been a certified DCJS
instructor since 1987, primarily instructing firearms
and SWAT tactics. Bill served as a Team Leader and
Team Commander of the SWAT team as well as Range
Officer and chief firearms instructor.
Chief Klugh is a graduate of James Madison University with a BS in Political Science, the FBI National
Academy, the Police Executive Leadership School
(University of Richmond) the Police Executive Program (Penn State University) and the FBI Law Enforcement Executive Development Seminar (LEEDS).
Bill served as a Team Leader and Assessor for the
Commission on Accreditation for Law Enforcement
(CALEA) conducting assessments of law enforcement
agencies around the country. He is a member of the
International Law Enforcement Educators and Trainers
Association, the National Tactical Officers Association,
International Association of Chiefs of Police and the
Virginia Association of Chiefs of Police.
The Academy welcomes Chief Klugh to its Board
of Directors! 
dows and doors ($45,000) and to repair / resurface our
existing parking lots ($145,000). In order to determine
and justify our greatest capital improvement needs, a
great deal of coordination with consulting firms, meetings with vendors, and budgeting calculations were
necessary. I want to thank Brian Schmidt and Nick
Tucci, who worked with Tom Fitzpatrick to put to• $210,000 to expand the parking lot, adding 59
gether the recommendations that were presented to our
parking spaces
board members. I will tell you that it is not usually an
• $292,000 to allow us to purchase additional new
easy task to find the funding necessary to keep a facilEVOC fleet vehicles (8 more cruisers and two vans ity like ours in the condition that we would like it to
to be added to our existing fleet)
be. We are very fortunate to have a board of directors
• $550,000 to set aside for future replacement of our who share our pride for the appearance of our academy
and who back it up with financial support.
flat roof
(Academy Improvements Continued from page 1)
a portion of the surplus funds (almost 1.3 million dollars) be used for or set aside to cover some needed
capital improvements here at the academy. At a meeting held on September 14, 2011, our board approved
every one of our recommendations, which included:
• $120,000 to immediately repair the metal roof (the
source of most of our current leaks)
• $90,000 to build a new female restroom in the cur-
rent vending machine area (and for relocation of
the vending and microwaves)
In addition, we were given approval to use existing
capital funds to reseal / caulk around all of our win-
The completion of these projects will certainly add
value to our work environment and allow us to conduct
business here at the academy in a much better way.
William C. O’Toole
Executive Director, NVCJA
Volume 7, Issue 3
A CADEMY NO TES
Pag e 3
Measuring Effectiveness
Albert C. Oglesby, Curriculum and Accreditation Manager
The Academy goes to great lengths to measure effectiveness. Did you know that the Academy has Basic
Training recruits complete two anonymous attitude &
opinion surveys each session via a web-based survey
instrument? These surveys are conducted by the Curriculum Section at intervals approximately halfway
through and at the end of each session. The results of
the surveys are compiled by the Curriculum Section
and forwarded directly to the Executive Director for his
review.
During the last week of each Basic Training session, all Basic Training staff and other assigned instructors will receive evaluations from the Basic Training
recruits. The results from these evaluations are forwarded to the Executive Director who will randomly
select recruits from the session being evaluated to comprise a focus group. A focus group session will be conducted jointly by the Executive Director and the Deputy Director of Administration in order to solicit more
detailed information, insights, and/or qualitative input
to more thoroughly critique the Basic Training program. This detailed critique is utilized to identify
strengths of the Basic Training program as well as
problem areas and /or unfulfilled expectations, with the
aim to improve the overall quality of training.
agency staff, as deemed appropriate by the Executive
Director. At the conclusion of each session, the Academy management team will review the curriculum.
In-Service classes are evaluated at the conclusion
of each class. Comments from these evaluations are
prepared in summary format by the assigned in–service
training coordinator who places them in a course
folder. This information is then reviewed by the In–
Service Manager, the Deputy Director – Administration, and the Executive Director. The course folders are
maintained for review purposes and future planning.
Additionally, Academy staff personnel randomly
monitor basic and In-Service training programs and
record their findings on an Instructor Quality Control
Report. These evaluations include instructor preparedness, instructor knowledge of course material, instructor presentation, student response to the instructor,
classroom control, and the total classroom environment.
The Academy Strategic Plan serves as a framework
by which the Northern Virginia Criminal Justice Training Academy shapes its future. As a written document,
it guides all employees, programs, and constituents to
work within an integrated, yet flexible structure in order to achieve quality and distinction in training.
After 6-12 months after each session, a postgraduReaching this level requires a strong emphasis on
ate survey is sent to each graduated Basic Training rebuilding upon the preexisting strengths of the Academy
cruit as well as to their assigned Field Training Offiwhile refocusing our collective efforts and resources on
cers. The postgraduate survey information is collected,
attaining superior quality in all aspects of our training
analyzed, and distributed to Academy and member
programs. 
Arlington 9-11 5K Run
Members of Basic Law Enforcement Session 125 joined
over 4,000 other runners during the 10th Annual Arlington
Police, Fire & Sheriff 9-11 Memorial 5k run, carrying their
class flag the whole way. Participants included: Recruits Collins,
O’Brien, Miller, Speck, Gillmore,
Harrop, Tabarez, Kuznetsova,
Chattillion, Goldman, Gieseke,
Horan, Bartholomew, Gardiner,
Merhar, LaRusso, Martin, Simms,
Timmons and Auerweck. 
Volume 7, Issue 3
A CADEMY NO TES
Physical Fitness Corner
Robert Hammes, M.S., CSCS
Pag e 4
No Pain, No Gain:
An Alternate Perspective
Whether a 5K run, three sets of
fact not a bad thing. However, if after a hard workout
deadlifts or a pick-up basketball you can barely make it out of bed the next day without
game, delayed onset muscle sore- waking up your spouse for assistance, you’ve overdone
ness (DOMS) has been felt by
it. And if you’re experiencing joint pain, that’s a whole
anyone at some point in time
other ball game. So even though adding intensity to
who has engaged in physical ac- your workouts can be an important goal for many exertivity. DOMS usually occurs 24- cisers, it must be done progressively. Only over a pe48 hours post-exercise and can
riod of time can you prepare your muscles for increased
last up to four days. Once upon a intensity. If you try to do too much too quickly, you
time, experts believed that mus- risk undermining your efforts or injuring yourself.
cle soreness was nothing more than
What’s proper progression you ask?
lactic acid buildup caused by trainGood question. My advice is to fol“Minor muscle soreness
ing too hard or too often. The old
is an indication that you’re low the 10 percent rule. That is,
school assumption was that soreness
increase intensity (speed, distance,
training
at
the
necessary
indicated something negative, reweight, workout volume) by no
intensity to achieve mussulting from poor fitness programmore than 10 percent each week.
cle adaptation…”
ming or improper progression. But
This will allow you to safely and
in recent years, we’ve discovered
effectively work toward the type of
that soreness, or at least a certain
intensity you ultimately seek from
type of soreness, is necessary to muscle growth. So,
your workouts.
“no pain, no gain” was true after all? Well, sort of.
Can I work out if I am experiencing DOMS? AnMinor muscle soreness is an indication that you’re
other great question! First of all, don’t do the same
training at the necessary intensity to achieve muscle
workout or even work the same muscle groups two
adaptation, hence, increased size and strength. You
days straight. After your warm-up, if you’re still exsee, soreness involves micro-tears in the muscle fiber,
periencing soreness, go light. Although it’s true that
which in turn rejuvenate if the muscles are provided an
sore muscles do heal faster after a 24-48 hour rest peadequate recovery period. Recent research points to
riod, many experts advise that light exercise following
the fact that adding intensity to your exercise regimen
a warm-up within that time period will lubricate and
resulting in minor muscle soreness is the best way to
strengthen muscles, providing the adaptation for them
not only increase muscle size and strength, but also
to withstand the next intense workout with less soremanage weight, enhance body composition and imness. If cardio is your game, you can perform the
prove overall fitness.
same mode of exercise (running, rowing, biking) on
consecutive days as long as you alternate the level of
intensity from day to day. However, unless you’re
training for something special, most people will benefit
from alternating their daily cardio adventures as well.
What if I’m not sore a day or two after a workout? Boy
you ask great questions! High intensity, although beneficial for many, may not be a goal for some, or at least
not yet. And it can be very beneficial, particularly
from the standpoint of health (versus fitness), to work
Hang on… allow me to make a very important dis- out at a level of intensity that will not result in muscle
tinction. Please note that there’s a difference between soreness. Yes, I’ll admit, exercise can be a bit of a
minor muscle soreness and major, big time, muscle
pain in the behind at times (in more ways than one), but
soreness. If a day or two after a workout you wake up the fruits of your labor will be well worth the effort!
and feel slightly sore and a bit tight that’s one thing, in 
Volume 7, Issue 3
A CADEMY NO TES
NVCJA Fitness Challenge
The Academy’s Seventh Annual Fitness Challenge
for Special Olympics took place on Saturday, September 24th. Thirteen athletes participated this year, as
well as a sizable group of volunteers and supporters. A
good time was had by all as nine area jurisdictions
were represented. In the men’s division, Charles Bradley with the US Marshall’s Service took top honors
followed by Neal Anglin (NVCC PD) in second and
Academy Instructor Quchee Collins ACSO in 3rd. On
the women’s side, the Academy’s own Sherry Sprague
won again with Recruit Stephanie Bietsch (GMU PD)
coming in 2nd.
Competitors demonstrate all facets of fitness by
competing in bench press, push-ups, sit-ups, pull-ups,
vertical jump, sit and reach, 1.5 mile run, 300 meter
run and a body composition measurement. The results
are normed by age and gender and each competitor
receives a complimentary fitness assessment.
The full results can be viewed on the Academy’s
website.
Pag e 5
News from the In-Service Section
Training Needs Analysis
The Training Needs Analysis (TNA) for calendar
year 2012 has recently been completed. An online survey was available for responses from agency personnel
for a three-week time frame which ended on August
23, 2011. The link to the survey was emailed to the
agency Training Officers to be distributed to their
agency personnel. The information obtained in the
TNA will be used to develop classes for the next 12 to
18 months. Copies of the report will be provided to
the agency Training Officers at the next Training Officers’ meeting, which will be held on Thursday, November 3, 2011 at 1000 hrs.
Interactive In-Service Training Calendar
At the beginning of the year, the Academy
switched to a new website provider. One of the improved features of the new website is the In-Service
Training Calendar. The new calendar allows us to
schedule classes further in advance than the previous
version did. As of now, we have started scheduling
classes well into 2012. Be sure to check the calendar
for future classes you may be interested in attending.
In addition, if you are scheduled to attend an academy
class, be sure to check the calendar for the starting time
and location of the class as well as any last-minute updates. We hope that the improvements to the website
make it easier for users to navigate and that they find it
useful and informative.
These are just a few of the many In-Service
classes scheduled in the coming months. See
the current schedule at:
http://www.nvcja.org/InServiceTraining.aspx
Kevin Gilmartin—Emotional Survival
for Law Enforcement. Nov 4
Bryan Porter—Advanced Search and
Seizure for Detectives and Plain
Clothes Officers. Oct 21 and Apr 20
Walt Purdy—Munich to Mumbai.
Dec 5
Bryan Porter—Basic Search & Seizure
and Miranda: What every police officer needs to know. Jan 26
Volume 7, Issue 3
A CADEMY NO TES
EVOC
Sgt. Sherry Sprague, EVOC Supervisor
Pag e 6
Enhanced Driver Training at the new
Emergency Vehicle Operations Center
Law Enforcement organizations and risk management committees across
the nation are continuously
looking for ways, by enhancing driver training
methods and vehicle-related
high-risk activities, to reduce preventable collisions and
injury accidents. For some time now, reports have
identified vehicle collisions to be the leading cause of
death and injury to law enforcement. The consensus of
some of these committees concluded that training
should embrace sound judgment and realistic circumstances. Within our new curriculum at the EVOC, students are involved in a variety of exercises targeting
when and how many of these collisions are occurring.
Nationwide, during emergency responses as well as
pursuits, impediments at intersections and right of way
are also factors involved in collisions and fatalities.
With the use of the academy’s driving simulators we
are able to create conflicts and introduce interference
vehicles in an environment that is safe for the student.
The simulators are brought into the training curriculum
several times during the recruits’ seven day regimen at
the EVOC. The scenarios get increasingly more difficult so we can evaluate each student’s performance in
different environments and evaluate and reinforce the
techniques they are taught on the driving range. They
are also put into critical driving conditions, and an
analysis of their decisions they make during the scenarios are continuously critiqued and evaluated.
The legal portion of
driver training is
also covered and
tested at the EVOC,
and the emergency
vehicle exceptions
under the Code of
The realistic environment at the EVOC
Virginia are reinimproves the impact of training.
forced in a variety of
exercises. During testing on pursuits and emergency
response, recruits are faced with decisions on one-way
streets, Do Not Enter signs, and the negotiating of railroad crossings. Policy is generally more restrictive then
state code, therefore students are also informed to follow the EVOC’s policy that further restricts Virginia’s
state code. For all emergency calls dispatched to stuResearch on collisions also concludes that many
dents, they will, with their lights and sirens activated,
accidents are occurring at night when the fatigue factor
use due regard for safety, come to a complete stop, and
is high, therefore our program includes two nightclear the intersection before proceeding through stop
driving days. It is emphasized to students how their
signs and red lights. Safety is paramount at the EVOC.
depth perception, color recognition and peripheral vision are severely compromised at night which all reThe academy’s EVOC provides the critical foundaduces their reactions to events. Drowsiness also makes tion for basic students to build upon. We at the EVOC
driving more difficult by dulling concentration and
would like to see more in-service officers and deputies
slowing reaction times. One of our night exercises in- return for our Advanced Skills and Technical Driving
volves an emergency response where multiple units are Course offered throughout the year. Please continuresponding to a priority call. All these factors must be ously check our web site for classes offered at the
taken into consideration during the night exercise.
EVOC. Any other arrangements your agency would
Speeds must be reduced, and the vehicle’s headlights
like to make for squads and/or divisions, please feel
and windows should be cleaned to improve visibility at free to contact us because we will make that happen
night. A slow-speed defensive driving exercise is also too. I am confident that you will find your training at
completed at night in an urban environment which rein- our new, state of the art facility to be a high quality exforces our basic techniques and backing techniques.
perience.
If we review the “officer down” page, many collisions and fatalities are happening when officers are responding to calls and losing control of their vehicles in
a turn. With our realistic environment of traffic intersections and traffic control devices, students are able to
practice high-speed driving techniques, and the EVOC
staff is reinforcing cornering techniques where many of
these fatalities are occurring. In addition to practicing,
students are also placed in a simulated emergency response situation where they are dispatched to a priority
call. They are then tested on a multitude of driving
techniques to include radio communication, braking
techniques, steering techniques, cornering techniques
and throttle control.
Volume 7, Issue 3
Legally Speaking
John Fitzgerald, J.D.
A CADEMY NO TES
Pag e 7
Exigent Warrantless Entry
In Kentucky v. King, 563
banged on the left apartment door "as loud as [they]
U.S., (decided May 16,
could" and announced, "'This is the police'" or "'Police,
2011), the United States Su- police, police.'" Cobb said that "[a]s soon as [the offipreme Court clarified the law cers] started banging on the door," they "could hear
surrounding the warrantless people inside moving," and "[i]t sounded as [though]
entry of a home based on exi- things were being moved inside the apartment." These
gent circumstances. The
noises, Cobb testified, led the officers to believe that
Court repudiated the sodrug-related evidence was about to be destroyed.
called ‘police-created exiAt that point, the officers announced that they
gency’ doctrine and held that, "were going to make entry inside the apartment." Cobb
as long as the police do not
then kicked in the door, the officers entered the apartgain entry by an actual or threatened violation of the
ment, and they found three people in the front room:
Fourth Amendment, the fact that their actions may have Hollis King, King’s girlfriend, and a guest who was
caused an exigent circumstance has no
smoking marijuana. The officers
effect on the legality of the entry.
Exigent warrantless en- performed a protective sweep of the
The Facts of Kentucky v. King as
Described by the Supreme Court
try is approved by the
U.S. Supreme Court
even though the circumstances were
‘caused’ by the police
apartment during which they saw
marijuana and powder cocaine in
plain view. In a subsequent search,
they also discovered crack cocaine,
cash, and drug paraphernalia. The
suspect that they were originally
looking for was not in that apartment.
Police officers set up a controlled
buy of crack cocaine outside an apartment complex. Undercover Officer Gibbons watched the deal take place from an
unmarked car in a nearby parking lot. After the deal
occurred, Gibbons radioed uniformed officers to move
Police eventually entered the apartment on the
in on the suspect. He told the officers that the suspect
right. Inside that unit, they found the suspected drug
was moving quickly toward the breezeway of an apart- dealer who was the initial target of their investigation.
ment building, and he urged them to "hurry up and get
King was indicted for drug trafficking crimes and
there" before the suspect entered an apartment.
he filed a pre-trial motion to suppress the evidence disIn response to the radio alert, the uniformed officovered pursuant to the officers’ warrantless search of
cers drove into the nearby parking lot, left their vehihis apartment. The trial court and the mid-level appelcles, and ran to the breezeway. Although they did not
late court upheld the warrantless search as an exigent
see the suspect, just as they entered the breezeway, they circumstance. The Supreme Court of Kentucky reheard a door shut and detected a very strong odor of
versed the lower courts and held that the exigent cirburnt marijuana. At the end of the breezeway, the offi- cumstances rule does not apply because the police
cers saw two apartments, one on the left and one on the should have foreseen that their conduct would prompt
right, and they did not know which apartment the sus- the occupants to attempt to destroy evidence. This is
pect had entered. Gibbons—the detective—radioed that the so-called “police-created exigency” doctrine.
the suspect was running into the apartment on the right,
The U.S. Supreme Court’s Reasoning
but the officers did not hear him (although it’s not clear
Under the "police-created exigency" doctrine,
why they didn’t hear the radio transmission, the Sulower
courts have held that police may not rely on the
preme Court said it was because they had already left
need
to
prevent destruction of evidence when that exitheir vehicles). Because the uniformed officers smelled
marijuana smoke emanating from the apartment on the gency was created or manufactured by the conduct of
the police. Several federal and state courts have folleft, they approached the door of that apartment.
lowed the police-created exigency doctrine. The U.S.
Officer Steven Cobb, one of the uniformed officers
(Legally Speaking continued on page 8)
who approached the door, testified that the officers
Volume 7, Issue 3
(Legally Speaking continued from page 7)
A CADEMY NO TES
th
Supreme Court, in an 8-1 ruling, held that the 4
Amendment is not violated when the police create an
exigency so long as they do not violate (or threaten to
violate) the 4th Amendment in any way in doing so.
The two excerpts below come from the text of Kentucky v. King and they go to the heart of the Court’s
reasoning:
Pag e 8
than any private citizen might do. And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the
occupant has no obligation to open the door or to
speak.”
Conclusion
Virginia’s courts follow the 4th Amendment decisions of the U.S. Supreme Court, and Kentucky v. King
“…[W]e conclude that the exigent circumstances
makes it clear that, as long as law enforcement officers
rule applies when the police do not gain entry to prem- do not engage in (or threaten to engage in) conduct that
ises by means of an actual or threatened violation of the violates the 4th Amendment, they may lawfully enter a
Fourth Amendment. This holding provides ample pro- private home pursuant to the exigent circumstance of
tection for the privacy rights that the Amendment pro- the destruction of evidence—even if their conduct
caused the exigent circumstance. Assuming that inditects.”
vidual trial judges follow the rule of Kentucky v. King,
***
the “police-created exigency” rule no longer exists in
“When law enforcement officers who are not
Virginia. 
armed with a warrant knock on a door, they do no more
***
The scorecard is divided into five different categories:
Education & Outreach, Energy, Waste, Water, &
Academy to take
Pollutants. Points are awarded based on the number of
the “Green Challenge”
action items achieved, with an opportunity to earn up to
five bonus points per category for innovative practices
The Academy is partici- not already addressed within the scorecard. Achievepating in the Loudoun
ment Awards will be based on the total number of
County Green Business
points earned. Achievement awards will be based on
Challenge. The Green Busi- business size (small, medium, or large business).
ness Challenge is a partnerThe Academy has made great strides in energy effiship between the Loudoun
ciency during the past several years, and we continue to
County Government and the
look for ways to increase that efficiency. 
Chamber of Commerce to
Learn more at : www.locogreenbiz.org
encourage Loudoun businesses to adopt environmentally sound business practices. The Green Business
Challenge has identified a number of actions businesses
and organizations can take to become more energy efficient, implement more sustainable practices, and improve their bottom line. By making this commitment,
the business or organization will help Loudoun County
ensure a healthy and sustainable quality of life for all
its citizens.
Any business, non-profit or association whose operations reside in Loudoun County is eligible to fill out
a scorecard and participate in the Challenge.
Volume 7, Issue 3
A CADEMY NO TES
Use of Force Issues
Bryan Patterson
Pag e 9
Foot Pursuits…wise move,
or deadly decision?
We have all done it! Whether
it’s a bailout at the end of a vehicle
pursuit or an individual runs from
you the moment you make eye
contact. It happens quickly and
without thought - we react as we
always have (“I’m in foot pursuit”!) It’s an emotional decision
for sure, potentially dangerous to
say the least (“How dare they run
from me!”) In some ways we are like a dog that chases
after a car going down the street. Do we have a plan on
what we are going to do with them once we catch
them? Do we actually know where we are? For that
matter, do we know much about this subject I am chasing? How physically fit are you? How good are my defensive tactics skills compared to the subject I’m chasing? Sometimes we have a criminal charge on them,
but sometimes we don’t. Either way it does not change
what we are physically doing - chasing after another
human being with all he adrenalin pumping.
Now imagine that you were to take a few minutes
to ask the subject these questions and after learning that
he/she is armed with a small concealed handgun, or is
presently under the influence of illegal narcotics or he
has been arrested for previous violent crimes, would
you be inclined to chase after this subject on foot by
yourself? Even if you had a partner, would you chase
this subject into a wooded area or into an apartment
building? While it is true we have a duty to enforce the
law and to protect society, am I obligated to catch this
individual at this exact moment in time and at the expense of my life?
Are you presently carrying a concealed weapon,
i.e., a gun or a knife?
A crucial component of the department’s training
involves small groups of deputies looking at eight written scenarios to decide whether or not to pursue a subject on foot and what other options could have been
utilized to safely take this subject into custody. The
training can be done during roll call or in-service training such as annual firearms recertification. It also involves a review of the agency’s policy on use of force
and foot pursuits, their available less-lethal force options, applicable state law regarding deadly force and
reasonable force, and relevant case law such as
“Graham v. Connor” and “Tennessee v. Garner”.
The Los Angeles Sheriff’s Department recently
conducted a new training program for all its deputies,
veterans and those just going through the academy. It’s
called “Split Second Decision” and compares the old
foot pursuit mindset of “chasing to apprehend” to the
new mindset of “chasing to contain”. This new program recognizes that every year officer/deputies around
the country are killed and seriously injured while trying
to apprehend someone during a foot pursuit. This program involves truly maximizing current technology,
Imagine how different our response might be if,
just prior to a foot pursuit, we could interview this sub- utilizing better officer safety tactics and department
teamwork to apprehend a subject fleeing on foot.
ject and ask him a few questions. By gathering some
insight into whom this person is, we could decide on a Tools used are enhanced radio and GPS technology, Ksafe, rational course of action to take. These are some 9, helicopters, less-lethal force options i.e., Taser and
impact munitions such as bean-bags.
of the questions I would want to ask:
Are you presently under the influence of alcohol
or illegal narcotics?
Do you have any formal martial arts training or
did you wrestle in high school or college?
Have you ever been arrested for a violent crime?
Do you work out on a regular basis, to include
weight training and aerobics?
Have you ever been diagnosed with, or treated
for, a mental illness?
Do you know if there are any outstanding warrants on file for your arrest at this time?
Do voices ever tell you to do things that would
be considered illegal or immoral?
The Los Angeles Sheriff’s Department is also implementing several new policies to keep their deputies
safer in regards to foot pursuits, in addition to the requirement for mandatory “Foot Pursuit Training”.
These include but are not limited to;
(Use of Force continued on page 10)
Volume 7, Issue 3
A CADEMY NO TES
Pag e 1 0
duty. Every year we average 60-70 officers/deputies
murdered in the line of duty. And every year we hear
• Continuous updated foot pursuit training for all
about officers/deputies who are murdered or seriously
department personnel to change the mindset of
injured while trying to capture a fleeing subject on foot.
“chase to apprehend” to the desired goal of
This program of utilizing a mixture of technology, tac“chase to contain” mindset.
tics and teamwork to safely apprehend a fleeing subject
• Watch commanders conduct “foot pursuit” demakes sense. All recruits at NVCJTA are presently
briefings to identify significant training issues.
receiving this training during their foot pursuit class
These are fact-based, held department-wide, and
and practical. Member agencies should continue trainencourage open dialogue.
ing their personnel in developing and maintaining this
• Canine training is held for field personnel to up- new mindset. No more “chasing to apprehend”; instead
date them on current techniques to apprehend
we should be “chasing to contain”! By stopping offifleeing subjects.
cers/deputies from “emotionally” chasing after subjects
• Continued emphasis and commitment for a physi- on foot, and instead capturing the “bad guy” in a joint
cal fitness conditioning regimen, along with com- effort while maximizing our resources, we could still
puter-generated force-on-force decision making get the job done without needlessly endangering the
pursuing officers/deputies. It would definitely be a step
training for all field deputies.
towards reducing the numbers of names on the Wall!
Every year in this country approximately 60,000

officers/deputies are assaulted and injured in the line of
(Use of Force continued from page 9)
Academy Training to Include
Functional Fitness
The Northern Virginia Criminal Justice Training
Academy expanded its physical fitness infrastructure
this past winter with the construction of a new Functional Fitness Gym. The gym is located in the east
wing of the Scenario Training Area at the loading dock,
and occupies approximately 1,000 square feet. The
flooring and pull-up bars were purchased from former
Arlington County Police Officer, Curtis Blake. Mr.
Blake offered the equipment at a discount after moving
his own gym, CrossFit Adaptation in Arlington, to a
new location. In conjunction with Mr. Blake’s donation and the hard work of a cadre of NVCJA basic
training instructors the gym is now up and running!
the new Functional Fitness Gym, the Academy is better
able to meet that goal. It’s exciting to have another
venue to train and improve our recruits, and it offers
more options for physical training. The Academy’s
traditional Fitness Center is still a very important part
of our regular fitness training, and it remains open for
use to all member agency affiliates.
If anyone is interested in our Diversity Training
please feel free to check out one of our recruit training
sessions or contact Bob Hammes, the physical training
supervisor. Additionally, the NVCJA In-Service section offers an eight hour course, “The Police Athlete:
An Introduction to Functional Fitness.” This will be
the first in-service course utilizing the new Functional
Fitness Gym. The class, led by Arlington Lt. David
Giroux and Officer Aviv Bercovicz, will introduce students to concepts of functional fitness as it relates to
law enforcement. The next offering of this class will be
Unlike the Academy’s Fitness Center, the new gym on Tuesday October 4, 2011 at the Northern Virginia
will be restricted, and will be used for basic and inCriminal Justice Training Academy. 
service training only. Basic recruits will partake in Diversity Training in the new gym twice each week. Diversity Training closely follows that of CrossFit, which
is a system founded by Greg Glassman that incorporates constantly varied, functional movements, performed at high intensity. Similar to Crossfit, Diversity
Training focuses on realistic preparation for 21st century law enforcement. We set out to challenge and improve recruit officers, developing uniquely trained
“police athletes” in the process. With the addition of