Centennial Celebratio n
A NEW CENTURY OF LEADERSHIP
FOR MORE THAN 30 YEARS, CARFAX® HAS PARTNERED WITH THOUSANDS OF LAW ENFORCEMENT AGENCIES TO REDUCE CRIME AND KEEP COMMUNITIES SAFER. CARFAX HAS MORE THAN 12 BILLION VEHICLE HISTORY RECORDS AND RECEIVES MORE THAN 3.5 MILLION RECORDS EACH DAY FROM MORE THAN 76,000 SOURCES. USING THIS DATA, WE PROVIDE SEVERAL NO-COST SOLUTIONS TO LAW ENFORCEMENT AGENCIES AND THEIR INVESTIGATORS.
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PENNSYLVANIA POLICE DEPARTMENTS WORKING WITH THE CARFAX LAW ENFORCEMENT SOLUTIONS: CARFAX VEHICLE HISTORY REPORTS CARFAX gives your detectives unlimited access to the entire CARFAX database. Agencies use our data to identify and stop: • Vehicle Theft • VIN Cloning • Odometer and Title fraud • Drug Trafficking • Homicides • And more… Access to CARFAX Vehicle History Reports™ is available on your desktop and in the field. With the CARFAX Mobile App, detectives can scan any VIN barcode on the spot to immediately get instant access to mission critical information. VIN ALERT VIN Alert takes your CARFAX account to the next level - providing 24/7 surveillance of vehicles of interest to an agency. It eliminates the need to run multiple CARFAX Vehicle History Reports to see if activity has occurred. Each day, more than 3.5 million pieces of information gets reported to CARFAX. VIN Alert will automatically notify investigators via email when any of this information appears on a VIN that the investigator is monitoring. Additionally, investigators can identify and collaborate with personnel from other agencies that are watching the same vehicles. CRASH CENTER Thousands of law enforcement agencies report accidents to CARFAX. Crash Center allows investigators to search and view these reports either statewide or nationally. Users can search by criteria, such as year, make, model, color, insurance carrier, passenger name, date of accident, and many more. E-COMMERCE Selling accident reports has never been easier for your records and administrative staff. CARFAX can build a customized website for your agency to sell accident reports and generate additional revenue. This includes a user-friendly dashboard that provides a text or graphical view of total reports sold, revenue generated, recent uploads, purchase history and sales trends. All can easily be exported to generate reports for command staff, annual reporting, accounting, etc. DEDICATED ACCOUNT MANAGER CARFAX provides a dedicated Account Manager to each partner agency. Your Account Manager will personally get to know the users and the unique needs and processes of your agency.
Matthew Simpson | matthewsimpson@carfax.com | 610-858-7304
Buffalo Valley Regional Police Department
Northampton Township Police Dept.
Bellefonte Police Department
Orangeville Area Police Department
Bristol Township Police Department
Pittston Police Department
Castle Shannon Police Department
Reading Police Department
Central Bucks Regional Police
Scott Township Police Department
Dallas Township Police Department
Sinking Spring Police Department
Doylestown Police Department
South Centre Township Police Department
Eastern Adams Regional Police Department
Southern York County Regional Police Dept.
Eastern Pike Regional Police Department
Springettsbury Township Police Dept.
Edwardsville Borough Police Department
Springfield Township Police Department
Exeter Township Police Department
State College Police Department
Harrisburg Police Department
Swatara Township Police Department
Hatfield Police Department
Swoyersville Police Department
Kingston Borough Municipal Police Department
Towamencin Township Police Department
Kingston Township Police Department
Warren Police Department
Laflin Borough Police Department
West Chester Police Department
Lancaster Police Department
West Goshen Township Police Department
Lewisburg Borough Police Department
West Hempfield Police Department
Lower Merion Township Police Department
West Hazleton Police Department
Lower Paxton Township Police Department
West Reading Police Department
Malvern Police Department
West York Police Department
Millville Police Department
Wilkes-Barre Township Police Department
Northeastern Regional Police Department
Wyomissing Borough Police Department
Northern Berks Regional Police Department
York Area Regional Police Department
Northern Lancaster County Regional Police Dept.
York City Police Department
Northern York County Regional Police Dept.
Pen qua Ass Pos Poli
BULLETIN PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
WITH UCE ORE VES ORE
USPS 425940 • ISSN 0031-4404
SPRING 2014 - VOL. 116; ISSUE 1
Centennial Celebratio n IN THIS ISSUE
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12 The Law Enforcement Victims’ Rights Notification Guide
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th Annual Law Enforcement Accreditation Training Conference
15 PCPA’s Centennial Annual Education and Training Conference
23 Federal Juvenile Justice Delinquency
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26 Feature Article by PCPA Partner CODY Systems
29 The Importance of Child Advocacy Centers and Why They Work
32 2013 Police Department Wall of Fame 33 The Law Enforcement Justice Information System (LEJIS)
Prevention Act (JJDPA)
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4 President’s Message 5 Executive Director’s Message 6 PCPA Executive Board and Committees 6 PCPA Staff 7 Memberships 8 The Chiefs Legal Update 14 Technology Update 24 Legislative Report
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Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (March, June, September and December) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536.
The content of the PCPA BULLETIN is to be a practical reference featuring PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative and goals, news items, PCPA upcoming events and legal issues. PCPA Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Mike Mastroianni, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to mmastroianni@pachiefs.org.
PRESIDENT’S MESSAGE
DEAR PCPA MEMBERS,
Think Spring! Think Spring! Think Spring! That chant has probably been on all of our minds recently as we all have endured a very snowy, icy, and frigid winter. We are coming down the home stretch and spring will be here soon. Speaking of down the home stretch, the PCPA Executive Director Search Committee has completed their charge and is prepared to make a recommendation to the Executive Board on hiring our next Executive Director. The search
committee has been busy the past 3 months accepting and reviewing applications, conducting interviews, and finalizing our recommendation to the Executive Board. The search committee was amazed at the extraordinary credentials of those who expressed interest in this position. It was challenging to reduce the total applications to a manageable number to interview but after careful deliberations, we conducted an in-depth interview with five (5) candidates. It is likely by the time you are reading this that a new PCPA Executive Director has been hired and announced. While the search for our next Executive Director was priority #1, there are so many other important responsibilities being pursued by the staff, Executive Board, and committees. There has been much time and effort devoted in the past 3 months to planning the 2014 PCPA Annual Training and Education Conference to be held in Valley Forge, July 13th to July 17th. Since early January, the representatives from the Executive Board and the Education and Training Committee have been holding bi-weekly conference calls to plan our Centennial Conference. This magazine edition has important information about the annual conference. We are very excited about the varied training and education courses being offered. I am confident
4 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014
as you review the information that you, too, will agree there is going to be much offered at our conference for all members including the recently appointed Chiefs, tenured Chiefs who are interested in pursuing Executive Certification, Chiefs who want to do all they can to make their schools as safe as possible, Chiefs who want to walk the vendor hall to see the many police products, and so much more. In addition to the training and education opportunities, the conference planning committee has developed exciting networking and hospitality opportunities each day of the conference. While dinners will be provided Sunday, Tuesday, and Wednesday evenings, Monday evening provides attendees the opportunity to dine “on their own” at one of the many fabulous restaurants in the Valley Forge area. After dinner Monday evening, attendees can return to the conference hotel for hospitality at the “Deuces Wild” Country Night Club. Tuesday evening is the Incoming President’s Reception, Dinner, and Hospitality followed by the Centennial Installation and Accreditation Banquet Wednesday evening. This is going to be conference you will not want to miss.
CONTINUED ON PAGE 6u
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EXECUTIVE DIRECTOR’S MESSAGE
DEAR MEMBERS, As I sit in the office looking out at the frozen Susquehanna River, there are two words that I never want to hear again-POLAR VORTEX. I have had enough. Hopefully by the time you read this, the winter weather will have run its course and spring is right around the corner. My time here in Harrisburg has flown by. I cannot believe that I have been working for PCPA for almost five months now. It has been an honor to work alongside President King, the Executive Board, committees and staff to achieve the goal of being the voice of law enforcement executives in Pennsylvania. We have accomplished a lot, but there is much more work to be done. I am impressed with the reputation that PCPA has with other agencies. Not a day goes by that agencies such as PCCD, MPOETC, legislators and others do not reach out to PCPA for our input on issues related to law enforcement. The voice of the PCPA is respected and I have never been more proud to be a member of this fine organization. As we head into a “New Century of Leadership” I cannot help but think of the changes in law enforcement since PCPA began in 1914. What would our predecessors think if www.pachiefs.org
they were able to see how far law enforcement has advanced in the past 100 years? We have to be aware that our profession is not a static one. We have to be aware of new trends and prepared to effectively manage a law enforcement agency as we begin a “New Century of Leadership”. Even though the snow is still flying as I write this, preparations are in full swing for the 2014 Conference and Centennial Celebration, being held this year at the Radisson Valley Forge. I hope that all members take time to review the conference material contained in this edition of the Bulletin and make their plans now to attend. PCPA is excited to be able to introduce two new training programs at this year’s Centennial Conference. Both the New Chief ’s Training and the Executive Certification Training programs will begin at the conference. Law enforcement executives will be able to begin the process of obtaining certification in either one of these programs. In addition to these programs, the 2014 Pennsylvania
Chiefs of Police Association’s School Safety Symposium will be held. Experts in their fields will be on hand to provide training to those in attendance on how to handle critical incidents in our schools. In closing, I would like to thank President King, the Executive Board, committees and staff for all of the help and support that they have given me during my tenure. I am more than honored to be the Interim Executive Director of the PCPA.
Respectfully submitted,
Michael Mastroianni Interim Executive Director
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 5
PRESIDENT ’S MESSAGE
EXECUTIVE BOARD & COMMITTEES OFFICERS
BUDGET & PERSONNEL
Thomas King
Thomas R. King, Chair John W. Mackey, Vice Chair
President Chief of Police • State College Borough
William Kelly
1st Vice President Chief of Police • Abington Township
Robert Jolley
Members:
Joseph J. Daly • Mark E. Hall Richard E. Hammon • Robert G. Jolley William J. Kelly • Michael A. Klein David A. Mettin • William F. Richendrfer David J. Spotts
2nd Vice President Chief of Police • Dallas Township
EDUCATION & TRAINING
Mark Hall
David A. Mettin, Chair S. Michael Murphy, Vice Chair
3rd Vice President Chief of Police • Clarion Borough
David Spotts
4th Vice President Chief of Police • Mechanicsburg Borough
John Mackey
Chairman Chief of Police • Bethel Park Borough
William Richendrfer
Secretary- 2014 Chief of Police • South Centre Township
Michael Klein
Treasurer - 2014 Chief of Police • Harrison Township
BOARD MEMBERS Richard Hammon – 2014 Superintendent of Police • Silver Spring Township
David Mettin – 2014
Chief of Police • Pennridge Regional
Thomas Gross – 2014
Chief of Police • York Area Regional
Howard Kocher – 2014
Members:
T. Robert Amann • Charles J. Crawford William J. Daly • Joseph G. Elias Milton Fields • Michael J. Flanagan Douglas E. Grimes • William L. Harvey Ashley J. Heiberger • Robert G. Jolley David M. Laux • John T. Maxwell Catherine R. McNeilly • James L. Santucci Carl Scalzo • Kevin J. Stoehr George J. Swartz • Oscar P. Vance, Jr. Robert W. Wilson • Raymond F. Zydonik
LEGISLATIVE Diane Conrad, Chair
Members:
James W. Adams • Darryl L. Albright Scott L. Bohn • Randolph G. Cox Joseph J. Daly • Richard M. Danko Michael A. Donohue • Eric D. Gill Erik P. Grunzig • Bryan B. Kelly Daniel J. Kortan, Jr. • Joseph F. Lawrence Marshall A. Martin • Coleman J. McDonough Dean E. Osborne • Lawrence R. Palmer David Souchick • David J. Spotts David E. Steffen • Michael J. Vogel Dennis H. Walters • Steven R. Wheeler Frank E. Williamson
MEMBERSHIP/BYLAWS
Chief of Police • Lehman Township
Mark G. Pugliese I, Chair
William Grover – 2015
Kenneth M. Truver • Curt A. Martinez Donald J. Aubrecht • Guy A. Salerno Harold C. Lane • John E. Petrick John F. Slauch • Keith Keiper Mark L. Bentzel •Mark E. Hall • Paul Yost Samuel J. Gallen • Timothy P. Trently William P. Grover
Chief of Police • Etna Borough
Scott Bohn – 2015
Chief of Police • West Chester Borough
James Adams – 2015
Chief of Police • Upper Allen Township
Kenneth Truver – 2016
Chief of Police • Castle Shannon Borough
Larry Palmer – 2016
Chief of Police • Palmer Township
Mark Toomey – 2016
Chief of Police • Upper Providence Township
Members:
RETIRED CHIEFS J. William Schmitt, Chair
PCPA members are reminded that all four 2014 mandatory in-service training (MIST) courses are now available on the PAVTN. This year is the third year for the MIST courses being available on-line. The training has proven to be a very cost effective (FREE), convenient, and an exceptional manner to provide ongoing training to our police officers. If you and your officers have not yet enrolled, you are encouraged to contact PCPA staff person Chris Braun. There are many other important matters being worked on by our dedicated staff and the Executive Board. Some of these include: • taking the next steps for our Association to become a 501 (c) (3) organization which is now possible with our June by-law changes; • planning for the Pennsylvania Law Enforcement Accreditation Training conference to be held March 31st through April 2nd at the Holiday Inn Harrisburg East; • selecting a representative to the Pennsylvania Employee Retirement Commission (PERC); • participating as a member of the PA Radar Coalition chaired by Whitehall Borough Mayor James Nowalk; • working with Penn State’s Justice and Safety Institute to host the “Whole of Government” forum, an innovative approach to crime reduction, community safety, and community well-being; • joining other law enforcement entities as an amicus in the case Sellers v. Abington before the Supreme Court; and • meeting with the PA District Attorneys Association to identify legislation of mutual interest that can be pursued jointly.
Members:
Donald G. Hunter, Sr. • Joseph F. Ferrelli Keith D. Guthrie • Richard E. Hammon Stephen W. Ott • Wendell A. Rich William L. Eckert • William L. Howatt William S. Weaver
PCPA STAFF Mike Mastroianni, Interim Executive Director, mmastroianni@pachiefs.org Deb Skonezney, Administrative Assistant, dskonezney@pachiefs.org Joseph Blackburn, Accreditation Coordinator, jblackburn@pachiefs.org Christopher Braun, Technology Coordinator, cjbraun@pachiefs.org Cheryl Campbell, Financial Coordinator, ccampbell@pachiefs.org Jerry Miller, Offender Identification Technology, jmiller@pachiefs.org Andrea Sullivan, Accreditation Assistant, asullivan@pachiefs.org Bill Gibson, Physical Fitness, fitcop@hotmail.com
If you would like any information about any of these Association matters, please email me at tking@statecollegepa. us Thank you for the opportunity to serve you as the President of this great Association. Best Regards,
Tom King President, PCPA
6 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014
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NEW & DECEASED MEMBERS
IS YOUR INFORMATION UP-TO-DATE? PLEASE TAKE A MOMENT TO VISIT THE PCPA WEBSITE AT WWW.PACHIEFS.ORG AND LOG IN AT THE TOP RIGHT CORNER USING YOUR EMAIL AND PASSWORD.
dent
Chief of Police University of Pittsburgh
Chief of Police Blairsville Borough
Julio Furtado Medeiros
P. Richard Books
Chief of Police Springdale Borough
Chief of Police Allegheny Township
Roger E. Pivirotto
Kevin John Brown
Chief of Police Irwin Borough
Deputy Superintendent PA State Capitol Police
Robert William Shupp III
Ronald Brown
Chief of Police The Borough of Hellertown
Chief of School Police Upper St. Clair Township
Mark DiLuzio Chief of Police Economy Borough
James W. Dorman Chief of Police Muncy Borough
tion
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Michael H. Allman
Joseph D. Conners
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James K. Loftus
Chief of Police The City of Butler
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NEW MEMBERS – ACTIVE
Mark F. Drakeley Logging in will allow you to gain access to members-only pages and information as well as the full membership directory. Here you can make changes to your contact information and department information. Increasingly, the PA Chiefs of Police Association uses electronic methods, such as a bi-weekly eNewsletter, to keep our membership up-to-date and informed. Please make sure your email address is current and correct so that you don’t miss out on pertinent information between magazines. Your accurate information will allow us to better serve you! Thank you!
Lieutenant Upper Moreland Township
Scott A. Farally
Anthony J. Struss Chief of Police The Borough of Coopersburg
Gregory S. Thomas Lieutenant Lower Allen Township
Timothy Troxel Lieutenant Upper Moreland Township
Roger F. Van Loan Chief of Police The Town of Bloomsburg
Thomas J. Wargo Chief of Police Carroll Township
Chief of Police Pitcairn Borough
Richard F. Wojciechowsky
Brian J. Finnerty
Chief of Police The City of Pottsville
Chief of Police Borough of Pleasant Hills
Joel F. Fitzgerald, Sr. Chief of Police The City of Allentown
D. Matthew Herkner Lieutenant West Whiteland Township
Karl Knott Chief of Police Chalfont Borough
Joshua J. Laidacker Chief of Police Catawissa Borough
James W. Laughlin Chief of Police Penn Township
NEW MEMBERS – AFFILIATE
Gary J. Kotch Facility Security Owner Procter & Gamble Security
Ian McInally Site HR Manager Proctor & Gamble Security
Brian K. Strand Sergeant Bern Township
DECEASED MEMBERS
Larry Z. Smith Retired Chief and Past PCPA Secretary The Town of Bloomsburg
Steven LeCompte Lieutenant Northampton Township www.pachiefs.org
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 7
LEGAL UPDATES FOR LAW ENFORCEMENT
THE CHIEF’S LEGAL UPDATE Provided by Chris Boyle, Esq. and reprinted with permission from Marshall, Dennehey, Coleman
On April 6, 2011, at approximately 10:25 p.m., Philadelphia Police Officers Michael Minor and Frank Dowd were on patrol in a marked police car when they received a radio call reporting that a black man with a gun, wearing a black hooded sweatshirt (“hoody”) and walking a dog, was at the intersection of 56th Street and Greenway Street in front of a Chinese store. The radio flash provided no information about the source of the tip, nor did it indicate that the subject of the flash had committed any crime.
UNITED STATES V. COLEMAN, 2013 U.S. APP. LEXIS 23328 (3RD CIR. NOVEMBER 20, 2013) Appellant, Shawn Coleman, was found guilty by a jury of being a convicted felon in possession of a firearm … At about 2:00 AM on November 5, 2009, the Lindenwold, New Jersey Police Department received a telephone call from a resident of an apartment complex complaining that an unknown vehicle’s bright lights were shining into the resident’s apartment unit. Officers Arthur Hall and George Przybylski responded to the call and found the vehicle running with its high beams on and the radio playing loudly. The
officers observed Coleman in the front seat of the vehicle either asleep or unconscious. The officers’ attempts to rouse Coleman were unsuccessful. Because they were concerned about Coleman’s unresponsiveness, they checked and discovered the doors were unlocked. Officer Przybylski opened the driver’s door and shook Coleman to no avail. Officer Hall, standing on the passenger side of the car, reached over to turn off the car’s engine and to check Coleman’s pulse. While reaching across the car, Hall observed a firearm sticking out of the car’s center console. Officer Przybylski took Coleman from the vehicle and Officer Hall secured the firearm.
8 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014
Coleman regained consciousness, after which Officer Przybylski placed him in handcuffs. Officer Hall asked him why he was carrying the gun and whether he was an off-duty officer or someone else permitted to carry a gun. Coleman responded that the gun was for his protection. The officers placed Coleman in Przybylski’s patrol car. Przybylski advised Coleman that he was being detained for the firearm but did not administer Miranda warnings at the time. While driving to the police station, Przybylski was listening to the radio. After a report that the New York Yankees had lost a World Series Game to the Philadelphia Phillies, Coleman stated words to the effect that he was “having a bad night, his Yankees lost and he shouldn’t have left the gun in the open like that.” At the police station, Officer Przybylski advised Coleman of his Miranda rights and Coleman executed the Miranda Warnings form. Coleman indicated that he understood his rights and invoked his right to remain silent. While being fingerprinted a few minutes later, Coleman spontaneously stated: “I can’t believe I left the gun there. I’m not having a good night. The Yankees lost and now this.” … Przybylski reminded Coleman that he had previously exercised his right to remain silent and asked whether he wanted to speak with the officers. Coleman declined and said nothing more. …A jury found Coleman guilty as charged… Coleman argues that the District Court should have suppressed his second and third statements, in which he admitted he had left the gun in the open. It is unnecessary for us to address whether the District Court erred in admitting these statements because the “admission of unconstitutionally obtained evidence does not warrant reversing a conviction where ‘the prosecution can show that the evidence is so overwhelming that it is beyond a reasonable doubt that the www.pachiefs.org
LEGAL UPDATES FOR LAW ENFORCEMENT verdict would have been the same without the improper evidence.’” United States v. Shabazz, … Here, the second and third statements pertain solely to the element of whether Coleman knowingly possessed the firearm. … It is undisputed that the firearm was discovered in plain view beside Coleman in the center console of the car in which he was the sole occupant. This was sufficient to prove beyond a reasonable doubt the element of possession…. Comment: Being from Philadelphia, this one had a real special feel for me when I read it. Damn Yankees! Plain view doctrine strikes again, and this case throws in the public safety exception as well. Just remember that plain view only works if you are legally where you are allowed to be to begin with. Here, it was Coleman’s unconscious state, and the officers’ concern for his well being, that got them to where they were allowed to be. UNITED STATES V. GARVIN, 2013 U.S. APP. LEXIS 24944 (3RD CIRCUIT DECEMBER 17, 2013) On April 6, 2011, at approximately 10:25 p.m., Philadelphia Police Officers Michael Minor and Frank Dowd were on patrol in a marked police car when they received a radio call reporting that a black man with a gun, wearing a black hooded sweatshirt (“hoody”) and walking a dog, was at the intersection of 56th Street and Greenway Street in front of a Chinese store. The radio flash provided no information about the source of the tip, nor did it indicate that the subject of the flash had committed any crime. Officers Minor and Dowd arrived at 56th Street and Greenway Street in less than a minute, and did not see anyone. As they turned onto 56th Street, they saw only one man who met the flash description walking south along 56th Street about one-half block away from the intersection provided by the tip. Appellant was the only person walking on that block at the time. Appellant wore a dark gray hoody, black jeans, a red www.pachiefs.org
shirt, and black and white sneakers, and was walking with his dog. As the officers watched, a marked police emergency patrol vehicle drove southbound past Appellant and parked at the corner of 56th and Woodland Avenue, the next street south of Greenway. Appellant, who had been walking south, abruptly turned around and began walking north. Officers Minor and Dowd then stopped their vehicle alongside Appellant. Appellant looked at them and walked up the steps of a residence at 1926 South 56th Street and knocked on the door. The residence belongs to Essie Jackson, who lives alone. Ms. Jackson is familiar with Appellant, as he lives a block from her home, and he had been in her home in the past to visit with her son while her son lived with her. Ms. Jackson could see Appellant at her door, and through the window in the door, heard him say “Open the door.” … Through the window, Office Minor observed her shake her head “no.” (Id.) She did not open the door to let Appellant inside. The officers subsequently emerged from the car onto the sidewalk, and instructed Appellant to come down the stairs. The officers asked Appellant if he had any weapons and he said no. Appellant was informed that Officer Dowd would conduct a frisk search for weapons, and Appellant complied. Officer Dowd found a handgun while conducting the frisk search around the waistband of Appellant’s pants. The gun was later identified as a black semiautomatic .40 caliber Glock 22, loaded with nine rounds of ammunition. Appellant told the officers that he had a permit to carry a concealed weapon. This statement was checked by the police dispatcher and found to be false. At that point, Defendant was arrested, handcuffed, and placed in the back of the patrol car. Garvin argues that the District Court erred in denying his motion to suppress the gun found during a Terry search because the stop and the resultant seizure
were not supported by probable cause or reasonable suspicion. Garvin contends that the resultant seizure and search of his person, the evidence seized (the gun), and his subsequent admission to carrying and owning the gun are all tainted by the illegality of the initial stop under the “fruit of the poisonous tree” doctrine… In the absence of a warrant, “an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot… Terry v. Ohio requires less than probable cause, but there must be “at least a minimal level of objective justification for making the stop.” …. In determining whether there was reasonable suspicion, we consider the totality of the circumstances. …Among the “pertinent factor[s]” that an officer may consider are whether the area is a high-crime area, a suspect’s “nervous, evasive behavior,” and flight from police officers. …Reasonable suspicion may be “based on acts capable of innocent explanation.” …The circumstances, however, “must raise a suspicion that the particular individual being stopped is engaged in wrongdoing.” … In determining whether there was reasonable suspicion to seize Appellant, we may consider everything that occurred until the moment he was seized. See Valentine, 232 F.3d at 358. …The District Court relied on two specific actions that Appellant undertook which Officers Minor and Dowd “reasonably interpreted as evasive.” … First, Appellant abruptly changed directions when a marked police vehicle passed him driving southbound and stopped at the corner. Second, when Officers Minor and Dowd pulled up and stopped beside him in a second marked police vehicle, Appellant went up the stairs to a residence — not his own — and sought entry. The District Court acknowledged that neither of the two acts of evasion nor the tip alone would CONTINUED ON PAGE 10u
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 9
LEGAL UPDATES FOR LAW ENFORCEMENT
…To demonstrate deliberate indifference to medical needs, a plaintiff must show “(i) a serious medical need, . . . (ii) acts or omissions by [law enforcement] officials that indicate deliberate indifference to that need,” …, and (iii) a causal connection between the indifference and the plaintiff’s injury. …. …Deliberate indifference exists where there is “objective evidence that [a] plaintiff had serious need for medical care” and the need was ignored or delayed for non-medical reasons. give rise to reasonable suspicion; however, “taken together, along with other factors such as the lateness of the hour, his oral demand that Essie Jackson open the door, Ms. Jackson’s refusal to open the door to admit him to her home, and justifiable inferences the officers made based on their experience and training,” gave rise to Officers Minor and Dowd having reasonable suspicion that supported a Terry stop of Appellant. … …Garvin relies on the fact that the tip, being anonymous, did not provide the reasonable suspicion required to make a Terry stop, and that the tip did not have sufficient corroboration to elevate it to reasonable suspicion. We disagree. Here, the tip was corroborated by the police officers’ personal observations to provide reasonable suspicion for the stop. …Garvin insists that the other factors considered by the District Court, including the hour and Garvin’s decision to turn away from the police also do not provide officers with reasonable suspicion. This misses the mark. The District Court conceded that each individual factor would not give rise to reasonable suspicion, but that all of the factors, when taken together, are sufficient. The District Court observed that the tip, the lateness of the hour, the officers’ experience, the abrupt change of direction Appellant made upon seeing a marked police vehicle, and Appellant’s attempt to
enter someone else’s home upon being approached by Officers Minor and Dowd, all gave rise to form the particularized and objective basis for stopping Appellant. The District Court is correct: while each factor “alone is susceptible to innocent explanation, and some factors are more probative than others, taken together, they suffice[] to form a particularized and objective basis for [the stop].” …For the aforementioned reasons, we will affirm the District Court’s denial of Appellant’s motion to suppress. Comment: My favorite part? That the dog helped identify him! Yeah baby, yeah. Might have been more than a few folks walking around the hood with a gat, but you brought the puppy along to make you easier to spot. Somewhere, there’s an angry girlfriend with a cell phone and an axe to grind, pointing out your particulars to 9-1-1, my friend. Next time, don’t make it so easy to pick you out. SMITH V. GRANSDEN, 2014 U.S. APP. LEXIS 1037 (3RD CIRCUIT JANUARY 16, 2014) …While on patrol on the evening of December 21, 2007, Camden Police Department (“CPD”) Officer Dean Gransden observed… Kashon Smith “going crazy,” shouting expletives in their direction, wielding “a butcher knife and a grill fork,” and threatening “to kill
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everybody.” …. At approximately 10:35 PM, Gransden requested assistance over his car radio. Gransden exited his patrol car and confronted Kashon Smith, who held his weapons in the air and charged toward Gransden. Gransden ordered Kashon Smith to drop his weapons, but Kashon Smith lunged at him, and Gransden shot him twice in his abdomen and handcuffed him behind his back, leaving him face-down with his face in mulch. Officer Phillip Wright arrived on the scene and heard the two gunshots, saw Officer Gransden holster his weapon and handcuff Kashon Smith, and called for an ambulance at approximately 10:42 PM. According to Officer Wright, people emerged from their houses and the scene quickly “start[ed] to really become chaotic.” …. By that point, Sergeant J.F. and other CPD personnel had arrived on the scene. Sergeant J.F. was the first supervisor on the scene, arriving between 10:35 and 10:37 PM. He saw Gransden handcuff Kashon Smith and noted that Kashon Smith was conscious, breathing, moaning, and bleeding. He also called for an ambulance, but neither he nor any other officer moved Kashon Smith from his face-down position or administered first aid. Sergeant J.F. worked to ensure that the ambulance had a clear path and to secure the scene, keeping the group of “yelling and screaming” onlookers at a distance. 1. Leaving Kashon Smith face-down while he was in handcuffs appears to have been inconsistent with CPD’s General Order 2003-008, which stated in pertinent part: “Due to the increased risk of positional asphyxiation, at no time shall any detainee restrained by a temporary restraint device be placed lying face down, except to the extent necessary to control the detainee during temporary restraint device application.” 2 With respect to his failure to provide first aid, Sergeant J.F. testified, “I didn’t know what to do with a man — I was never trained to do — didn’t know what to do with a www.pachiefs.org
LEGAL UPDATES FOR LAW ENFORCEMENT man who was shot.” The first emergency medical technician (“EMT”) arrived at approximately 10:51 PM. …. She testified that Kashon Smith was “barely breathing” and that CPD officers refused her request to turn him over and remove his handcuffs.3…She then wiped mulch off his mouth and nose and moved him to a stretcher. ……[N]o police officer traveled with Kashon Smith in the ambulance when it left the scene at 10:55 PM. 3. There appears to be no CPD policy violation for refusing a healthcare professional’s request to remove an arrestee’s handcuffs. Kashon Smith was breathing on his own in the ambulance. He was not given intravenous (“IV”) fluids in the ambulance, but the paramedic testified that he would have attempted to start an IV in his arm had the handcuffs been removed. The paramedic also testified that he could have started an IV somewhere other than an arm, and that part of the reason he did not start an IV was lack of time during the trip to the hospital. Smith’s expert witness testified that Kashon Smith’s face-down position in the mulch and the failure to start an IV in the ambulance “diminish[ed] his ability to survive,” …, but he could not say there was a probability that these events affected his survival. …[T]here was no evidence that asphyxiation was a contributing factor… As to Smith’s motion for judgment as a matter of law against J.F. for a violation of 42 U.S.C. § 1983, we conclude that the evidence is sufficient to support the jury’s finding that J.F. is not liable, thereby making judgment as a matter of law in favor of Smith inappropriate… To succeed on a § 1983 claim, the plaintiff must prove that an individual acting under color of law deprived him of a federal right. Here, Smith asserts J.F. deprived Kashon Smith of his Fourteenth Amendment rights by being deliberately indifferent to his medical needs in failing www.pachiefs.org
to provide medical assistance … …To demonstrate deliberate indifference to medical needs, a plaintiff must show “(i) a serious medical need, . . . (ii) acts or omissions by [law enforcement] officials that indicate deliberate indifference to that need,” …, and (iii) a causal connection between the indifference and the plaintiff ’s injury. …. …Deliberate indifference exists where there is “objective evidence that [a] plaintiff had serious need for medical care” and the need was ignored or delayed for non-medical reasons. Id. (internal quotation marks omitted). Smith must therefore show that J.F. knew of the risk to Kashon Smith and disregarded it and that such acts or omissions caused him injury. … There was sufficient evidence upon which the jury could reasonably have concluded that J.F.’s own actions and those he took as a supervisor did not meet the “deliberate indifference” standard. The testimony revealed that J.F. was attempting to control a chaotic crime scene and that he promptly called for (and cleared a path for) medical assistance, which arrived and transported Kashon Smith to a hospital within minutes of J.F.’s arrival. Further, the pathologist’s testimony provided a basis on which the jury could have concluded that J.F.’s failure to turn Kashon Smith onto his back or remove his handcuffs, or to order another officer to perform one of those tasks, did not contribute to Kashon Smith’s death. While his face-down position in the minutes before the ambulance arrived apparently violated CPD policy, there was no medical evidence that his position caused asphyxiation or that it in fact diminished his chances of survival. As to the handcuffs, the paramedic conceded that the handcuffs did not actually prevent him from starting an IV, and Smith’s expert did not opine that prompt IV treatment would likely have led to Kashon Smith’s survival. Finally, to the extent that Smith argues that J.F.
should have administered first aid himself and was deliberately indifferent in not doing so, the jury could reasonably have concluded that J.F. would have been unable to competently administer first aid to a gunshot victim, as he testified he lacked the training to do so, and his prompt call for an ambulance and efforts to clear a path for its arrival demonstrated a timely response to Smith’s medical need.… For the foregoing reasons, we will affirm the District Court’s grant of judgment as a matter of law in favor of Camden and its denial of the motion for judgment as a matter of law or for a new trial with respect to J.F.. COMMENT: I wish I could see a lot of humor in this one, but I just can’t. I can see a few very valuable points, however, and for that, I guess I am thankful. First and foremost, every police officer I know is trained in how to deal with gunshot wounds, so I have to assume J.F.’s testimony was taken out of context. It has been my unfortunate experience that, sometimes, when an officer can’t remember the particulars of their training, they tend to say they were never trained. There is a big difference between those two things ( (1) “I had no training” vs. (2) “I forget all the training I had”) , and the reason the Chump always meets with his clients to prep before a deposition. Second, these “failure to provide medical care” claims seem to be the flavor of the day recently and are raised in any case where there is a fatality. Do yourself a favor, get on the air and ask for an ambulance. The time stamp on that particular transmission is going to be vital to show that you didn’t delay. Do it even when you know that your dispatcher is going to send one whether you ask directly or not. You’ll be glad you did. (Also put on there when you recover a weapon. It heads off an argument that the reason it isn’t on the recording for fifteen minutes is because you were using that time to find a throw-down!) CONTINUED ON PAGE 12u
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LEGAL UPDATES FOR LAW ENFORCEMENT STUMP THE CHUMP Chump: Have you seen this new carfired pursuit management system? Any thoughts? – McG McG: First of all, “pursuit management system”? Really? That’s like calling my mouth a food delivery system. Just call it a mouth. Not sure what we are gonna call this thing, but I vote against “pursuit management system”. As I understand it, this new technology shoots a GPS tracker from a pursuing police vehicle onto the pursued vehicle, and allows police radio to track the car until it comes to a stop, then direct units to the scene. In theory, and given that so many pursued folks are non-violent offenders otherwise, it sounds like a decent enough idea. I guess I would want to see how it works out in the courts as to a few questions though: 1) There is legal precedent for the fact that an officer requires probable cause and a warrant (or an order
like is available under PA law that is enough like a warrant to qualify) to place GPS tracking. While I think this would almost certainly amount to an adequate exigency, there is at least a colorable argument to be made that it does not. Until some courts deny motions to suppress evidence recovered as a result, it is an unsettled question. 2) How about the Officer who decides that the ability to shoot something from the front grill of his police car is just too tempting to pass up, and utilizes on some corner-dwellers peddling dope? (Come on! Don’t tell me I am the only one who thought about that right away!) 3) If we fire it and miss the car, and it hits a pedestrian and injures them, is there liability for negligence? Under PA law, would that be a pursuit (for which you have only limited immunity), or something else? In
other words, would we be immune from that particular allegation of negligence? (Don’t bother answering that, as, until a court says so, it would be a guess at best.) 4) What about accidental discharges? For this thing to be practical, you can’t have seven safeties on it to undo before the officer can use it in an actual pursuit. I don’t know, I’m just askin’. 5) It is my understanding that this thing is supposed to be fired from twenty feet away. At five miles an hour, not a problem, maybe. But what about at 40? 60? 80? Getting that close to a pursued vehicle under those circumstances seems contrary to training, and more than a little unsafe. If you buy one (or two, or fifty), let me know how it works out. I’ll keep an eye on the case law all the same. – The Chump
The Law Enforcement Victims’ Rights Notification Guide The Law Enforcement Victims’ Rights Notification Guide (you may know it as the “Rights and Services Available to Victims of Crime in Pennsylvania” Booklet or the Victims Rights Packet) has been revised. The original document was created by the Office of Victims’ Services at the Pennsylvania Commission on Crime and Delinquency to enable you to fulfill your obligation under the law to provide crime victims with written information on the basic rights and services available to them. The new Guide has been simplified for crime victims and is available in a print friendly format. The previous booklet has been shortened to just a few customizable pages. The new Guide is focused on providing relevant information on the justice system when law enforcement makes contact with victims. The Guide also provides important referral and contact information for local victim services. The Guide is now available, in both English and Spanish, online for downloading at www.pccd.state.pa.us. We hope you find this revised Guide helpful in fulfilling law enforcements responsibility of informing crime victims of their rights. Your continued efforts to inform crime victims of their rights, throughout the criminal justice system and the availability of local victim services, is essential. If you have any questions, please feel free to contact the Office of Victims’ Services at (800) 233-2339. Thank you. 12 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014
www.pachiefs.org
1
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A requ ever on t plan for an a Plea Even T Coa hos even snac an o othe prog A Holi them room will mak adv P for
10TH ANNUAL LAW ENFORCEMENT ACCREDITATION TRAINING CONFERENCE
When: March 31 – April 2, 2014 Where: Holiday Inn Harrisburg East 4751 Lindle Road Harrisburg, PA 17111 (717) 939-7841 Cost:
$75.00 per attendee
All currently certified PLEAC assessors are required to have update training at least once every 2 years, if you wish to continue to be on the active assessor list for PLEAC. If you plan to attend the Assessor Training Class for “new” assessors, you must complete an assessor application by March 14, 2014. Please visit www.pachiefs.org and click on Events, then on Other Events for details. The Pennsylvania Police Accreditation Coalition (PPAC) will be sponsoring a hospitality room on Monday and Tuesday evenings (7:00 pm – 10:00 pm) with light snacks, beverages and most important an opportunity for you to network with others who are working in the accreditation program. A block of rooms has been reserved at the Holiday Inn Harrisburg East. Please contact them directly at 717-939-7841 to book your room at a rate of $81.00 per night. The block will be held until March 14, 2014. You must make your reservations by March 14th to take advantage of this special rate. Please call Headquarters at 717-236-1059 for more information. www.pachiefs.org
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TECHNOLOGY
UPDATE By Christopher J. Braun, MSIT, PCPA Technology Coordinator
and follow the instructions. For more information contact pavtn@pachiefs.org. CENTRAL BOOKING The Pennsylvania Chiefs of Police Association is working with the Pennsylvania Commission on Crime and Delinquency’s Local Technology Committee to combine the Livescan and CPIN in to one combined unit. The combined unit uses the CPIN cabinet and adds a Livescan deck. The combined units reduces the cost to purchase but even more savings is realized by the savings in only one maintenance contact. Older Livescan systems that need to be replaced over the next two years will only have to modify their CPIN cabinet to take the new Livescan deck and have the new software installed. The cost to do this is over 25% less than the purchase of an upgraded Livescan and reduces the maintenance cost by over 20%.
PAVTN Over 11,000 law enforcement officers are taking 20 courses, including all four of this year’s municipal police officers education and training commission mandatory in-service training, through the Pennsylvania Virtual Network. The newest course is Investigating Human Trafficking. According to the U.S. Department of State 600,000 to 800,000 people are trafficked globally each year. At least 100,000 American children are being exploited through pornography or prostitution every year. This modern-day form of slavery has become a global industry and is second only to drug trafficking.
and dementia. If you have not yet taken advantage of the PAVTN, registration is easy. Just go to the PA Chiefs website download the registration spreadsheet
The upgrading should start in the second quarter of 2014 with the units that have past their end of life and then move to the next oldest. As more information becomes available booking locations will be notified. For more information cjbaun@pachiefs.org or jmiller@pachiefs.org.
The PAVTN will deploy another new course this month about responding to missing persons with Alzheimer’s disease
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www.pachiefs.org
PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION
PCPA’S CENTENNIAL Centennial CelebratEDUCATION i o n & TRAINING CONFERENCE COMMEMORATING 100 YEARS AS AN ASSOCIATION! Join PCPA as we celebrate 100 years of excellence in law enforcement. This event will be held at the Radisson Hotel Valley Forge on July 13-17, 2014. While much has changed, one thing that has stayed the same is PCPA’s ability to provide quality training and networking to its members each and every year. This will be an event to remember and we hope you’ll join us for the celebration! Check back to www.pachiefs.org/101conference for updates!
Celebrating Our Centennial
1914 - 2014
www.pachiefs.org
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PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION
Pennsylvania Chiefs of Police Association’s Centennial Education and Training Conference
A NEW CENTURY OF LEADERSHIP OUR GOAL IS TO CONTINUE TO BUILD AND GROW OUR ASSOCIATION. WE STRIVE TO LEARN NEW TECHNIQUES AND PROCESSES AND TO EDUCATE OUR MEMBERS FOR THEIR SUCCESSES IN THE FIELD OF LAW ENFORCEMENT. MAKING A STRONG COMMUNICATION BASED ORGANIZATION IS A VITAL ELEMENT TO THOSE ACHIEVEMENTS. THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION (PCPA) WILL CONTINUE THE SUCCESS IT HAS OBTAINED IN THE PAST ONE HUNDRED YEARS INTO THE NEXT CENTURY. We invite you to kick off the Centennial Education and Training Conference on July 13-17, 2014 at the Radisson Valley Forge in King of Prussia, PA. Our education and training classes will include the 2014 PCPA Safe Schools Symposium, New Chiefs Training (NCT) and Executive Certification Training (ECT). In addition, highly valued instruction on topics such as Valor with Integrity Program for Emergency Responders, and the Heart Lung Act will be open to all attendees. The Pennsylvania Chiefs of Police Association is pleased to announce an exciting new training opportunity for
individuals who have recently been appointed as the chief executive of their agency, assistant or deputy chief executive, or for those who act in those roles during the absence of the chief executive. Becoming the chief executive of a police agency is an exciting and rewarding opportunity, but can also be very difficult for individuals with no prior executive level experience. The purpose of the New Chiefs Training is to render leadership and policy guidance to new agency executives as they begin their tenure through training, mentoring and the dissemination of The Police Chiefs Reference Manual, all of
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which is designed to achieve success. New Chiefs Training will be offered at the PCPA Annual Training Conference, as well as regional training seminars throughout the Commonwealth. Experts in the fields of management, administration, and leadership will provide best practices to assist both experienced and new police executives continue their professional development. Topics include: PCPA Resources, Leadership, Ethics, Accreditation, Training, Budgeting, Grants and Funding, Personnel Issues, Technology, and much more. To find out www.pachiefs.org
PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION how this exciting new program can benefit you and your agency, please contact The Pennsylvania Chiefs of Police Association. Pennsylvania Chiefs of Police Association is equally pleased to announce the creation of Executive Certification Training. The voluntary program will provide certification to law enforcement managers and chief executives. The purpose of the ECT would be to encourage professional development and offer recognition to Pennsylvania law enforcement officers for their experience, training and education. Some of the training topics will include Leadership, Budgeting, Legal and Risk Management, Media and Public Relations, Employee Relations and Contemporary Police Practices. In conjunction with the NCT and ECT training, PCPA is excited to present the 2014 Safe Schools Symposium. With many schools and higher institutes of learning being targeted by random acts of violence, the Safe School Symposium will assist the Chiefs of Police and Executives in law enforcement to plan and prepare for any critical incident. The New Chiefs Training will also include a discussion on “What You Need to Know Right Now to Protect Your Department and Yourself” www.pachiefs.org
In conjunction with the NCT and ECT training, PCPA is excited to present the 2014 Safe Schools Symposium. With many schools and higher institutes of learning being targeted by random acts of violence, the Safe School Symposium will assist the Chiefs of Police and Executives in law enforcement to plan and prepare for any critical incident. presented by Chris Doyle, Esq. The Executive Certification Training will incorporate “The Latest Updates Regarding Police Liability” presented by John Gonzales, Esq. In addition, there will be a session on the Whole of Government Approach. In this session, attendees will learn to develop structured ways to bring local agencies together who are in charge of providing public service. Areas that will be included are education, health, policing, courts, corrections, children youth and families, and mental health. We will have mini presentations within the exhibit hall. The presentations will provide our attendees with insightful information such as “Enhance Police Response to Incidents Involving Special Needs Residents”, and “Critical Incident Stress Management”. During the time that you visit the exhibit hall, meet with our vendors and listen to these open presentations, the Pennsylvania Chiefs of Police will sponsor
raffle drawings. Monetary prizes will be given to lucky attendees throughout Sunday afternoon and Monday morning, so be present to win! Sworn Police Officers from around the state are asked to join us on Monday in the exhibit hall to meet with our vendors and sponsors. Our vendors and sponsors are excited to enter this new century of leadership with us and bring their latest products in advanced technology and services. Each law enforcement agency in the state can benefit from being at the conference for one-stop shopping. It’s a wonderful opportunity to ask questions and to be able see their products first hand. Moving into the future, the Association looks to its members for feedback, insight and a stronger partnership. We hope to see you this year at the Centennial Conference to help start off a new century of leadership!
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PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION
Pennsylvania Chiefs of Police Association’s Centennial Education and Training Conference
ABOUT THE CONFERENCE THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION IS CELEBRATING 100 YEARS OF SERVICE TO THE LEADERS OF THE LAW ENFORCEMENT PROFESSION IN PENNSYLVANIA AND THE CITIZENS THAT THEY SERVE. DURING OUR CENTENNIAL CONFERENCE WE WILL BE PROVIDING INNOVATIVE TRAINING CLASSES FOR THE NEW CHIEFS AND EXECUTIVES. THE CLASSES WILL BE AVAILABLE TO ALL MEMBERS AND WILL INCLUDE THE 2014 PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION SCHOOL SAFETY SYMPOSIUM. SCHOOL SAFETY HAS BEEN MADE A PRIORITY AND THE PCPA WILL PROVIDE YOU WITH SKILLS AND INFORMATION YOU NEED TO RESPOND TO CRITICAL INCIDENTS IN OUR SCHOOLS. PLEASE JOIN US FOR THE CENTENNIAL CONFERENCE FROM JULY 13-17, 2014 AT THE RADISSON VALLEY FORGE IN KING OF PRUSSIA, PA. YOU CAN REGISTER ONLINE AT WWW.PACHIEFS.ORG OR COMPLETE THE REGISTRATION FORM FOUND IN THIS ISSUE OF THE BULLETIN. OPENING DAY Registration and Exhibits are the main focus throughout the opening of the Centennial Conference at the Radisson Hotel Valley Forge. Registration for the Conference will begin at 1:00PM in the Convention Center Lobby and we’ll be there until 6:00PM. The hotel registration begins at 3:00PM in the hotel lobby. Officers from area police departments will be on hand in the hotel lobby to guide you through the facility layout, activities, transportation, and questions regarding the Conference. Whether this is your
first PCPA Conference or your 21st, you will hear information that will make the Conference – and your entire experience here – easier and more fun! You will learn about Shuttles, Shopping Opportunities, Conference Activities, and fun Excursions away from the Hotel Complex. The Exhibit Hall will be open from 3:00PM to 6:30PM where you will have an opportunity to win prizes! Information about the upcoming events will be awaiting you as well as ID badges for all registered attendees. A full schedule of events will be available for you at registration.
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ID BADGES It is required that you and your guests wear an Identification Badge for all Conference functions. The ID Badge will distinguish your chosen meal plan, and it’s your ticket into all Conference seminars, business meetings, exhibit hall and the hospitality room. This is very important and your cooperation is greatly appreciated to ensure a smooth Conference for everyone. EXHIBIT HALL The Exhibit Hall is located in the Convention Center on the Concourse Level. The hotel www.pachiefs.org
PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION will provide signs to guide you from the Radisson Hotel to the Convention Center which are connected. Vendors throughout the country will be set up to show their products and services from 3:00PM to 6:30PM on Sunday and 9:00AM to 3:00PM on Monday. Both days you will have an opportunity to win monetary prizes through our Exhibit Hall raffle. Visit our vendors to get more chances to win! (Member registrants ONLY). Sunday evening there will be a dinner where you can enjoy a cocktail and converse with colleagues in the Exhibit Hall. Monday coffee break and lunch will be served in the Exhibit Hall area. A convenient location to our vendors and where the opening sessions will begin. This year we invite Sworn Police Personnel to attend the Exhibit Hall on Monday for FREE! Lunch may be purchased in the Exhibit Hall area. The Sworn Police Personnel will be required to show identification badges from their respected departments for entry into the Exhibit Hall. EXHIBIT HALL RAFFLE This year we will have raffle drawings on both Sunday and Monday in the Exhibit Hall! Exhibitors will be giving away raffle tickets when you visit their booths. Each Exhibitor will have chances to give out tickets at their discretion. You must be present to win. So, not only will you have a great opportunity to see the latest in technology from our vendors, you’ll have several chances to win cash prizes! www.pachiefs.org
CONFERENCE RAFFLE Feeling Lucky? The Conference raffle drawings will be held during the Business Sessions. Deposit your ticket at the business session for a chance to win. YOU MUST BE PRESENT TO WIN! FREE NIGHT We’ll have officers from area police departments to help you with information on all the fun things to see and do in the Valley Forge and Philadelphia area. They will be located in the hotel lobby on Sunday afternoon from 2:00PM to 3:00PM and on Monday morning from 9:30AM to 10:00AM. The Free Night this year is on Monday evening. Enjoy dinner at the hotel in one of seven different restaurants which include a few gourmet dining experiences. You will have a lot of choices in this area – it’s a stone’s throw from the King of Prussia Mall and a quick hop on the interstate to downtown Philadelphia where you can feast at so many various restaurants or try the famous Philly Cheesesteak Sub! Whatever you and your family decide to do, be sure to join everyone at 7:00PM in the Deuces Wild for an Exciting Country Western Night! Dance, ride the mechanical bull, wear your favorite western wear, enjoy the entertainment and company, we know you’ll have a great time! PRESIDENT’S CENTENNIAL CELEBRATION! Incoming President Bill Kelly and his first lady Aileen welcome everyone to a tribute to Dick Clark’s American Bandstand! The
American Bandstand originated in Philadelphia and what a better way to showcase a bit of Philadelphia history by dancing to great music from that time! DJ Jerry Blavat is Philadelphia’s “Rock-n-Roll” Icon. DJ Jerry and his Assistant will get you up on your feet as you listen to some of your favorite music that is sure to bring back fond memories. CENTENNIAL ANNUAL PCPA BANQUET Wednesday night we celebrate “A New Century of Leadership”. We look towards the future with new ideas, but also acknowledge current achievements. Departments that have achieved accredited status will be recognized. We will thank our President, Chief Tom King, for his outstanding work and dedication over the past year and welcome in PCPA’s new President, Bill Kelly. We will also install our new officers during this ceremony. We have much to be proud of for all that we have accomplished in the first one hundred years. We now look forward to “A New Century of Leadership”. LADIES EVENTS This week promises relaxation and fun with something for everyone. You should sign up on Sunday for all week’s exciting events. In addition to the Annual Ladies Luncheon and Chinese Auction, we’ll have creative new seminars and classes to keep your schedule packed with fun event all week long!
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PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION
TENTATIVE CONFERENCE SCHEDULE SUNDAY, JULY 13TH 1:00 PM - 6:00 PM
4:30 PM - 7:00 PM Free Time - Dinner on Your Own (and Getting Ready for a Fun Hospitality Room in an Exciting Country Western Night Club!)
Conference Registration
2:00 PM - 3:00 PM Hotel Lobby - Information Session Regarding the Conference, Facility Layout, Transportation and Activities 3:00 PM
Hotel Registration Opens
3:00 PM - 6:30 PM
Exhibit Hall Opens
7:00 PM - 11:00 PM Hospitality Room in the “Deuces Wild” Country Western Night Club in the Lower Level of the Radisson Hotel
6:00 PM - 8:00 PM
Dinner in the Exhibit Hall
TUESDAY, JULY 15TH
8:00 PM - 11:00 PM
Hospitality in Exhibit Hall
8:00 AM - 9:15 AM
Business Meeting
9:15 AM - 9:45 AM
Coffee Break
Note: All classes are open to All Law Enforcement Personnel. The Classes that are marked for the NCT and ECT attendees are mandatory. MONDAY, JULY 14TH 8:00 AM - 9:15 AM
Business Meeting
9:00 AM - 3:00 PM
Exhibit Hall Opens
9:15 AM - 10:00 AM
Coffee Break (Sponsored by Mid-Atlantic AAA)
9:45 AM - 12:00 PM Heart and Lung Act - Presented by Neil Morris, Esq.
9:30 AM - 10:00 AM Hotel Lobby - Information Session Regarding the Conference, Facility Layout, Transportation and Activities 10:00 AM - 3:00 PM MINI PRESENTATIONS “Enhancing Police Response to Incidents Involving Special Needs Residents” Presented by Upper Moreland Township Police Department “School Resource Officer” Presented by Lower Pottsgrove Township Police Department “Critical Incident Stress Management -CISM” Presented by Dan Billings “Introduction to PCPA’s Victims Service Program” Presented by Chris Braun & Jeffrey Blystone “Special Needs Open House” Presented by Franconia Township Police Department 12:00 PM - 2:00 PM
9:45 AM - 12:00 PM NCT/ECT - 2014 PCPA School Safety Symposium “Detection, Diversion and Deterrence of the Mass Shooter” Presented by John Nicoletti, PhD.
Lunch in the Exhibit Hall
12:00 PM - 1:00 PM
Lunch
1:00 PM - 4:30 PM 2014 PCPA School Safety Symposium continued - “Preparation and Response to Active Shooter Situations” presented Don Awles, NTOA 1:00 PM - 4:30 PM Valor with Integrity Program for Emergency Responders V.I.P.E.R. - Presented by Captain Lawrence Norton, (Ret.), PhD, John M. Holleran, M.S. & Detective Sergeant John Becker (Ret.), B.S. 6:00 PM - 11:00 PM President’s Reception/Dinner/Hospitality WEDNESDAY, JULY 16TH 8:00 AM - 12:00 PM 2014 PCPA School Safety Symposium continued - “Putting it Altogether The Experts Walk Us Through a Mass Shooter Response” Presented by Don Awles, John Nicoletti, & Mark Weaver 9:15 AM - 9:45 AM
Coffee Break
12:00 PM - 1:00 PM
Lunch
1:00 PM - 2:15 PM New Chiefs Training (NCT) & Executive Certification Training (ECT) - Outline & Overview
1:00 PM - 3:00 PM NCT/ECT - “Whole of Government Approach” Presented by the Government of Saskatchewan
2:15 PM - 2:30 PM
3:00 PM - 4:30 PM
Accreditation (PLEAC) Meeting
6:00 PM - 7:00 PM
Reception
Break
2:30 PM - 4:30 PM NCT -”New Chief Boot Camp: What You Need to Know Right Now to Protect Your Department and Yourself” Presented by Chris Boyle, Esq.
7:00PM - 11:00PM Centennial Installation and Accreditation Banquet/Hospitality
2:30 PM - 4:30 PM ECT - “The Latest Updates Regarding Police Liability” Presented by John Gonzales, Esq.
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www.pachiefs.org
PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION
PCPA AWARDS EACH YEAR AT THE ANNUAL EDUCATION AND TRAINING CONFERENCE, AWARDS ARE PRESENTED TO INDIVIDUALS FOR A VARIETY OF ACCOMPLISHMENTS. The Association personally makes award presentations for a Medal of Valor Award and the Award of Excellence. The stories that lead up to the presentations are always amazing, touching and awe inspiring. As we perform our daily duties, day after day, week after week throughout the year, many of us encounter people who deserve nominations for these awards. Please take a moment to review the requirements and consider nominating a professional in your area for recognition. MEDAL OF VALOR AWARD Eligibility for this award includes any full-time, sworn law enforcement officer, of any rank, who works for an agency within the boundaries of the Commonwealth of Pennsylvania. This award is presented for bravery or valor and/or for life saving of another human being while placing nominated officer at risk. The nomination procedure requires written nomination with all pertinent details of the event included, along with any newspaper articles, newscast videos, etc. Only one award will be presented each year. Any officer may be nominated for the same incident repeatedly. AWARD OF EXCELLENCE Pennsylvania Chiefs of Police Association annually presents this award in recognition of superiority in some quality, skill or achievement that goes beyond the norm, the average or what is satisfactory in degree, amount or quality and which has substantial positive impact upon the mission of this Association. To nominate someone for this award, submit a letter including the nominee’s name, agency information, and home and work addresses. To this letter attach responses to each of these questions: 1. State the superiority in some quality, skill or achievement exhibited by the nominee that qualifies the nominee for consideration. 2. State the degree, amount or quality that elevates the conduct or actions of the nominee above the norm, average or what is considered to be satisfactory. 3. State the substantial impact that the conduct or actions of this nominee has upon the mission of the Association. Nominees are presented to the Education and Training Committee and recommendations submitted to the Executive Board for approval. Deadline for all nominations is May 1, 2014. www.pachiefs.org
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 21
Pennsylvania Chiefs of Police Association CENTENNIAL EDUCATION AND TRAINING CONFERENCE July 13-17, 2014 • Radisson Valley Forge, King of Prussia
CONFERENCE REGISTRATION Member $200 Retired $100 Non-Member $300 One-Day $125 Monday
Centennial Celebratio n
Name:____________________________________________________________________ Title:_____________________________ Agency:________________________________
Tuesday
Wednesday (Circle One)
• Monday – Exhibit Hall entry FREE for sworn personnel. • Registration fee includes: Registration materials, Training Seminars, Exhibit Hall, Business Sessions, Coffee Breaks, Lunch (Mon-Wed), Hospitality Room, Conference Activities and Gift. • Registration does NOT include Hotel Accommodations, Dinners and Receptions. • All registrations must be received no later than June 15, 2014. A Late registration fee of $50 will be applied to all registrations received after that date.
Total:_________
Telephone:_______________________ Email:__________________________________ MEALS/EVENTS — (Registrant Only - Guest/Family Meals indicated below for each individual registered.) o Meal Package $165 - or o Sunday Reception & Dinner $_ 55 • Meal Package includes: Reception and Dinner • Sunday, Tuesday and Wednesday o Tuesday Reception & Dinner $_ 60 • Breakfast and Lunch are NOT included in the Package and are not sold separately. o Wednesday Annual Banquet $_ 65
Total:_________
GUEST/FAMILY REGISTRATION
Total:_________
• Breakfast is included with all room reservations. Lunch is included in Registration fee. (Ladies Luncheon is included with Guest/Family registration.)
• Guest/Family registration includes: Registration materials, Training Seminars and Workshops, Exhibit Hall, Business Sessions, Coffee Breaks, Ladies Luncheon, Hospitality Room, Conference Activities and Gift. • Family refers to spouse or family member, not a business associate or fellow law enforcement colleague. • Registration and Meals for Children Under 12 are FREE. • There is no additional cost for guests staying in the same room as a registered attendee, however, meals must be purchased separately for each guest (package and individual meals available).
o Spouse/Guest Name ___________________________________ Spouse’s Email: ___________________________ Registration o Spouse/Guest $100 Meals o Meal Package $165 - or o Sunday Reception & Dinner $ 55 o Tuesday Reception & Dinner $ 60 o Wednesday Annual Banquet $ 65
o Child/Guest Name ___________________________________ Registration o Child/Guest $ 50 Meals o Meal Package $165 - or o Sunday Reception & Dinner $ 55 o Tuesday Reception & Dinner $ 60 o Wednesday Annual Banquet $ 65 o Child/Guest Under 12 FREE
o Child/Guest Name ___________________________________ Registration o Child/Guest $ 50 Meals o Meal Package $215 - or o Sunday Reception & Dinner $ 55 o Tuesday Reception & Dinner $ 60 o Wednesday Annual Banquet $ 65 o Child/Guest Under 12 FREE
Sub Total: ___________
Sub Total: ___________
Sub Total: ___________
PAYMENT INFORMATION o Check # ____________ Made payable to PCPA in the amount of $__________ o is enclosed o will follow o Credit Card number: ________________________________________________________ Exp. Date _________ MasterCard Visa Discover Credit Card Billing Address: Street _____________________________________________________________________________________________________ City _______________________________________________________________________ State ________________________ Zip ________________________ HOTEL ACCOMMODATIONS:
Room reservations may be made at http://www.radisson.com/pcpa or by calling the Radisson Hotel Valley Forge at (610) 768-3215 (indicate that you are with the PA Chiefs group code PCPA). The conference room rate is $159.00 plus tax and includes breakfast.
GRAND TOTAL DUE:___________
CANCELLATION/REFUND POLICY • All cancellations must be made in writing and mailed, faxed or e-mailed to PCPA • A $50 penalty will be assessed on all cancellations postmarked or faxed/e-mailed dated on or before June 13, 2014. • A $75 penalty will be assessed on all cancellations postmarked or faxed/e-mailed between June 14 and 30, 2014. • No refunds will be issued on or after July 1, 2014. No refunds will be given for no shows. Mail Form with payment to: PCPA Conference, 3905 North Front Street, Harrisburg, PA 17110.
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FEDERAL JUVENILE JUSTICE DELINQUENCY PREVENTION ACT ( JJDPA)
FEDERAL JUVENILE JUSTICE DELINQUENCY PREVENTION ACT (JJDPA)
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THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY (PCCD) IS THE DESIGNATED STATE AGENCY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE FOUR CORE PROTECTIONS OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 2002. The four core protections
highlight what has been long known in Pennsylvania and recently proven though advances in brain science that juveniles think and react differently than adults.
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The protections include Jail Removal, which means that juveniles accused of a status offense cannot be securely detained. A rule of reason is applied to this protection that allows alleged delinquents to be detained for up to six hours for the purpose of investigation and identification.
$75
Deinstitutionalization of Status Offenders (DSO) states that juveniles
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being charged with a status offense are not to be held securely. Sight and Sound Separation protects juveniles by separating them from adults and says, in part, that juvenile offenders shall not have contact with adult persons who are incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges. The separation of juveniles from adults must be both by sight and sound. Disproportionate Minority Contact (DMC) tracks the number of minority youth who come into contact with the juvenile justice system along nine decision points, and allows for local communities to address problem areas if any are found. PCCD’s Steve Lynch, along with the Juvenile Court Judges Commission’s Seth Bloomquist, travel the state working with police departments, holding facilities and jails on how best to adhere to the JJDP. “How does the utilization of Central Booking Centers
impact the JJDP Act?” is a frequent question to them. The answer is as follows: While a central booking center may be secure, a juvenile being processed through this area is not to be considered in a secure detention status. Where a secure booking area is all that is available, and continuous visual supervision is provided throughout the booking process, and the juvenile only remains in the booking area long enough to be photographed and fingerprinted (consistent with state law and/or judicial rules), the juvenile will not be considered in a secure detention status. Continued non-secure custody for the purposes of interrogation, contacting parents, or arranging an alternative placement must occur outside the booking area (Federal Register Vol.53, No.212). Each year the PCCD’s Office of Juvenile Justice and Delinquency Prevention sends out a certification packet to all police departments. The completion of this packets plays an integral role in meeting the requirements set forth by the Department of Justice and could impact Pennsylvania’s ability to remain in full compliance. Due to the partnerships, cooperation and the and professionalism of the various agencies and departments involved in the adherence to this Act, Pennsylvania was deemed in full compliance in 2013, and is often cited by the DOJ as a model state for compliance to the JJDPA. If you have any questions regarding the packet or the JJDP Act, please contact Steve Lynch at slynch@pa.gov or (717) 265-8457.
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 23
LEGISLATIVE UPDATES FOR LAW ENFORCEMENT
LEGISLATIVE REPORT Provided by Pennsylvania Chiefs of Police Association Staff
SB 439 Amends an act entitled “extending benefits to police chiefs who have been removed from bargaining units by the PA Labor Relations Board” further providing for salary of nonunion police officers. SB 497 An Act reenacting and amending the Third Class City Code. SB 587 Amends Title 75 (Vehicles) further providing for speed timing devices. SB 676 Amends Title 75 (Vehicles) further providing for requirement for periodic inspection of vehicles.
PCPA will continue to monitor and advocate for legislation which is important to the membership and law enforcement in the Commonwealth. Members are encouraged to regularly check out the “PCPA Bills To Watch” Page on the Association’s website for latest information on proposed and enacted Legislation.
SENATE BILLS SB 1 Amends Titles 74 (Transportation) & 75 (Vehicles) providing for org.; fees & taxes; Trust Fund; Alternative Energy Program.; maintenance; registration; emergency; Interstate 80; liquid fuels & permits; bond or securities; taxes; repeals. SB 57 Amends Title 18 (Crimes), in wiretapping & electronic surveillance, further providing for exceptions to prohibition of interception & disclosure of communications. SB 150 Amends Title 44 (Law & Justice), in DNA data & testing, further providing for policy, defs., powers of State Police, State DNA
Database, procedural compatibility with FBI & for DNA sample required upon conviction & for collection. SB 328 Amends Title 18 (Crimes & Offenses) further providing for criminal history record information. SB 332 Amends Title 75 (Vehicles), in inspection of vehicles, further providing for requirement for periodic inspection of vehicles and for prohibition on expenditures for emission inspection program. SB 357 Amends Title 75 (Vehicles), in accidents & accident reports, further providing for duty to give information and render aid.
24 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014
SB 681 Amends Title 42 (Judiciary) providing for the protection of victims of sexual violence, for duties of law enforcement agencies, procedure & penalties; &, in juvenile matters, further providing for definitions. SB 731 Amends Title 18 (Crimes & Offenses) further providing for burglary, robbery, grading of theft offenses and for the offense of retail theft. SB 745 Amends Title 75 (Vehicles) further providing for snow or ice dislodged or falling from vehicle SB 746 Amends Title 75 (Vehicles) further providing for snow and ice dislodged or falling from certain moving vehicles. SB 865 Amends Controlled Substance, Drug, Device and Cosmetic Act further providing for penalties involving liquefied ammonia gas, precursors and chemicals. SB 922 (3) Amends Titles 24 (Education), 51 (Military Affairs), & 71 (State Government) extensively revising provisions: for PSERS, contributions & benefits; military leave of absence; for SERS, contributions & benefits, & liability. www.pachiefs.org
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LEGISLATIVE UPDATES FOR LAW ENFORCEMENT
SB 1024 Amends Titles 18 (Crimes) & 42 (Judiciary), in Choate crimes, for possession of firearm or other dangerous weapon in court facility; for arson & related offenses.
HOUSE BILLS HB 28 Amends Title 42 (Judiciary) further providing for definitions; and providing for non-municipal police extraterritorial jurisdiction for purposes of municipal police jurisdiction. HB 30 Amends Title 20 (Decedents, Estates & Fiduciaries) further providing for defs., prospective donors, revocation, for Gov. Robert P. Casey Memorial Organ & Tissue Donation Awareness Trust Fund, prohibitions; registry, training & transplantations. HB 38 Amends Titles 42 (Judiciary) & 75 (Vehicles) further providing for municipal corporation portion of fines; establishing the Municipal Law Enforcement Accreditation Fund; further providing for speed timing devices & State & local powers. HB 56 Amends Title 18 (Crimes & Offenses) further providing for the offense of assault of law enforcement officer. HB 90 Amends Title 18 (Crimes) providing for administrative subpoena; and further providing for civil action. HB 107 Amends Title 51 (Military Affairs), in professional and occupational licenses, further providing for definitions and for retention and certification.
providing for municipal police education and training. HB 287 Amends Titles 18 (Crimes and Offenses) & 42 (Judiciary), in firearms & other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; & in sentencing. HB 401 Amends Title 75 (Vehicles) further providing for accidents involving death or personal injury. HB 412 Amends Title 75 (Vehicles) further providing for definitions, for traffic-control signals, for pedestrian-control signals and for right-of-way pedestrians in crosswalks. HB 505 Amends Title 18 (Crimes & Offenses), in assault, further providing for the offense of ethnic intimidation.
HB 508 Amends the PA Commission on Crime & Delinquency Law further providing for powers & duties of the commission; & establishing the Law Enforcement Line of Duty Death Reward Fund. HB 516 Amends Title 75 (Vehicles) further providing for exceptions to operation of vehicle without official certificate of inspection. More detailed information, including links to this recently enacted legislation is available via the PCPA Bills To Watch Page of the PCPA website. PCPA Staff will continue monitor and track proposed legislation of interest to the Association. Members are encouraged to contact Headquarters if they have specific questions about legislative issues.
PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION
THE SYMBOL OF THE SYMBOL THE SYMBOL OF OF
ONGOING RISK ONGOING ONGOING RISK RISK MANAGEMENT MANAGEMENT MANAGEMENT Featuring a credible, affordable and practical law enforcement accreditation program unique to Pennsylvania
TRAINING AND START-UP MATERIALS ARE PROVIDED
HB 207 Amends Title 20 (Decedents, Estates and Fiduciaries) providing for autopsies.
CALL PCPA HEADQUARTERS AT
HB 257 Amends Title 53 (Municipalities) further
Pennsylvania Chiefs of Police Association
www.pachiefs.org
(717) 236-1059 A program funded by PCCD
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 25
FEATURE ARTICLE BY PCPA PARTNER CODY SYSTEMS
PA Police Department Profile:
Lancaster City Bureau of Police At CODY, we believe that our solutions are only as good as the men and women who use them. Earlier this month, we sat down with Lieutenant Todd Umstead, Public Information Officer for the Lancaster City Bureau of Police, to find out how his department is using technology to carry out its mission and get through this crazy winter! CODY: How large is your department? TU: Currently, we have 142 sworn and 46 civilian employees. CODY: What is the mission of the Lancaster City Bureau of Police? TU: Our mission is to provide outstanding service with professionalism and integrity. As it states on our website, “Our commitment includes:
Maintaining peace and order by enforcing the law with fairness and equality. Recognizing and being sensitive to the diverse cultural and ethnic composition of our community. Working collaboratively with our community to seek solutions to the problems that cause crime Striving for excellence through education and training. Taking pride in ourselves, our organization, and our community.”
maximize its use to their advantage. Detectives in particular are seeing the advantage of its easily searchable database that shows them links between subjects, vehicles, and addresses. Personally, as the Bureau’s Public Information Officer, CODY has been a huge asset for me. I can find current, updated info on incidents easily and quickly when I need to disseminate to the media, and it is all in one place. In the past I would have to search multiple databases and there was a backlog of data entry which wasted tons of time and wasn’t nearly as efficient. Officer Matt Odenthal performs a traffic stop in Lancaster City.
CODY: How is technology helping your department carry out its mission? TU: Our department recently made the switch to a new RMS and CMS system from CODY. Although we are still new to the system, we already are using it in many different ways, including crime analysis/trend mapping to boosting our crime prevention and citizen awareness programs.
We have a crime analyst who uses CODY and crime analysis/mapping software to identify hotspots and crime patterns. This info is disseminated to officers and detectives so they can formulate strategic responses. We also utilize video cameras in our cars and jail that use irecord to audio / video record suspect, witness, and victim interviews which we can then attach to reports in CODY using the CODY Attachments module.
CODY: Now, the big question of the day - how much SNOW did Lancaster get this winter?! TU: Too damn much! Officer Scott McDonald and Ozzy on patrol.
To help us reach our community oriented policing goals, we are partners with the Lancaster Community Safety Coalition, which monitors 161 surveillance cameras throughout the city. We also push CODY data to a crime mapping program that posts the data on our website so citizens can look for trends in their neighborhood.
Officer Mike Hyson shares a smile with a fellow biker.
CODY: How has your department helped your community deal with the record snowfall ? CODY: Of all the technological advancements we have TU: We made sure to notify our citizens of snow
26 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014
www.pachiefs.org
FEATURE ARTICLE BY PCPA PARTNER CODY SYSTEMS TU: One night in October we went on a call for an anonymous complaint of a guy named “Tony” with a gun. We stopped a male who verbally gave the name of Antonio Rivera DOB 04/21/1991. He stated that he was from Florida and had only been in PA for one month. After trying multiple sources, we were unable to verify or disprove his info and had to let him go since he had been searched and no gun was found. The sergeant on the call returned to station and started to play with the CODY: What challenges does your department face name/DOB combinations through JNET and Accurint, but given the diverse communities in the Lancaster area? they couldn’t come TU: Our officers up with anything face a number of solid. Then, he ran challenges with the DOB only regard to cultural through CODY and diversity. Obviously, received three there are language matches with that barriers as we have a DOB, one being an very large Hispanic Anthony Luis population and a Rolon-Retamar who growing Asian had pawned population. And, something back in Lancaster City has July. After pulling huge gaps in income up his photo, that levels. We have ended up being our extremely wealthy guy, with an active residents and Officer Ben Bradley and Officer Michael Whitaker patrol the warrant. Shortly residents living in streets on bicycle. thereafter, we had extreme poverty,
CODY: Does the department currently use social media to bolster their community awareness? TU: Yes we do! We use our Facebook and Twitter accounts to send out alerts, press releases, crime prevention tips, and public relations articles. (So, be sure to like their Lancaster City PD Facebook page and follow them on Twitter @LancasterPolice!)
TU: One night in October we went on a call for an anonymous complaint of a guy named “Tony” with a gun. We stopped a male who verbally gave the name of Antonio Rivera DOB 04/21/1991. He stated that he was from Florida and had only been in PA for one month. After trying multiple sources, we were unable to verify or disprove his info and had to let him go since he had been searched and no gun was found. The sergeant on CODY: What challenges does your department face the call returned to station and started to play with the given the diverse communities in the Lancaster area? name/DOB combinations through JNET and Accurint, but they couldn’t come TU: Our officers up with anything face a number of solid. Then, he ran challenges with the DOB only regard to cultural through CODY and diversity. Obviously, received three there are language matches with that barriers as we have a DOB, one being an very large Hispanic Anthony Luis population and a
CODY: Does the department currently use social media to bolster their community awareness? TU: Yes we do! We use our Facebook and Twit er accounts to send out alerts, press releases, crime prevention tips, and public relations articles. (So, be sure to like their Lancaster City PD Facebook page and fol ow them on Twit er @LancasterPolice!) some even living within the same block. We also struggle with Generational gaps where elderly, long-time residents sometime clash with younger, “new” residents.
CODY: What types of crimes are most prevalent in the Lancaster area? TU: Property crimes – vandalism, thefts, thefts from vehicles, burglaries.
the pleasure of kicking in his door and taking him into custody.
Without CODY, I doubt we would’ve been able to ID him, and he would have been free to continue on his merry way.
CODY: What role do you believe technology plays in officer safety? TU: Well, the LCSC cameras are definitely a great safety enhancement. LCSC staff can view areas officers are responding to and alert them (through the dispatch center) of what they are heading into, descriptions of suspects, who might have weapons, etc. The easy search capability of our CODY RMS allows officers to quickly check on call history from the car before they respond to a call and can also alert them to potential problem persons they may encounter at that address. CODY: Can you remember a specific instance when technology made the difference in a case or investigation?
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Office Willard Smith in action. And, yeah. He got him!
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 27
FEATURE ARTICLE BY PCPA PARTNER CODY SYSTEMS maximize its use to their advantage. Detectives in particular are seeing the advantage of its easily searchable database that shows them links between subjects, vehicles, and addresses. Personally, as the Bureau’s Public Information Officer, CODY has been a huge asset for me. I can find current, updated info on incidents easily and quickly when I need to disseminate to the media, and it is all in one place. In the past I would have to search multiple databases and there was a backlog of data entry which wasted tons of time and wasn’t nearly as efficient.
Officer Scott McDonald and Ozzy on patrol. CODY: Of all the technological advancements we have seen in recent years, what would you say is the most beneficial to the law enforcement community? TU: I would have to say computerized dispatch, integrated RMS, and camera technology. CODY: What kinds of benefits has your department witnessed since implementing a new software system? TU: Information is much easier to search for and locate in our CODY RMS. Plus, it has really streamlined our report approval process and made it so much faster and more efficient. We have also noticed a significant cost savings since we are not using nearly as much paper and toner! The printer we used to use to generate CAD reports with our old system was a special IBM that required a very expensive toner cartridge – we’re saving about $2,000 per year on that alone! We are still in early stages of CODY but as we get more comfortable with it, our personnel is learning how to
Officer Scott McDonald and Ozzy on patrol.
maximize its use to their advantage. Detectives in particular are seeing the advantage of its easily searchable database that shows them links between subjects, vehicles, and addresses. Personally, as the Bureau’s Public Information Officer, CODY has been a huge asset for me. I can find current, updated info incidents easily and quickly I need CODY: Now,onthe big question of the day - when how much SNOW did Lancaster get this winter?! toTU:disseminate the media, and it is all in one place. In Too damn to much! the past I would have to search multiple databases and CODY: How has your department helped your community deal with snowfall ? tons of there was a backlog of the datarecord entry which wasted TU: We made sure to notify our citizens of snow time and wasn’t nearly asespecially efficient. using Facebook and emergency declarations,
Twitter. We also did a significant amount of towing to move cars parked on snow emergency routes. I’m sure this didn’t make the car owners happy, but it allowed the plows to clear the main routes through the city.
CODY: Now, the big question of the day - how much SNOW did Lancaster get this winter?! TU: Too damn much!
CODY: How has your department helped your community deal with the record snowfall ? CODY: Of all the technological advancements we have TU: We made sure to notify our citizens of snow seen in recent years, what would you say is the most emergency declarations, especially using Facebook and beneficial to the law enforcement community? Twitter. We also a significant of towing to Lancaster Citydid police had theiramount hands full this winter! TU: I would have to say computerized dispatch, integrated move cars parked on snow emergency routes. I’m sure this RMS, and camera technology. To learn more about this project, please feel free to contact Lt. Umstead at : didn’t make the car owners happy, but it allowed the plows Lancaster City Bureau of Police - (717).735.3313 or umsteadt@police.co.lancaster.pa.us to clear the main routes through the city. CODY: What kinds of benefits has your department witnessed since implementing a new software system? TU: Information is much easier to search for and locate in our CODY RMS. Plus, it has really streamlined our report approval process and made it so much faster and more efficient. We have also noticed a significant cost savings since we are not using nearly as much paper and toner! The printer we used to use to generate CAD reports with our old system was a special IBM that required a very www.pachiefs.org 28 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 expensive toner cartridge – we’re saving about $2,000 per year on that alone! We are still in early stages of CODY but as we get more
THE IMPORTANCE OF CHILD ADVOCACY CENTERS AND WHY THEY WORK
THE IMPORTANCE OF CHILD ADVOCACY CENTERS AND WHY THEY WORK By Abbie Newman, R.N., J.D.
Abbie Newman is the executive director for the Mission Kids Child Advocacy Center of Montgomery County and the president of the PA Chapter of CACs and MDITs
STUDIES SHOW THAT 10-20% OF ALL CHILDREN WILL BE SEXUALLY ABUSED BEFORE THE AGE OF 18. VICTIMS ARE LOCATED IN EVERY ZIP CODE, AND ARE OF EVERY RACE, RELIGION, AND SOCIOECONOMIC GROUP. Child abuse is a crime of secrecy, and therefore it is difficult to get a true count of the number of victims; many victims do not disclose their abuse until adulthood and some victims never disclose. There are over 800 Child Advocacy Centers (CACs) across the country. In Pennsylvania, only 22 out of 67 counties have a CAC and 4 counties receive services through Allegheny County as ‘satellites’. Child Advocacy Centers are the cutting edge of child abuse prevention, investigation, and healing for victims and their families. Prior to Child Advocacy Centers, if a child disclosed abuse, the resulting investigation involved professionals who did not work together, but rather in their own ‘silos’. Child Protective Services, prosecution, law enforcement, victim services, medical and mental health providers each had a different role in the investigation and intervention process. As a result, the child was subjected to multiple, repetitive interviews, in locations such as police stations. All of the professionals trying to help subjected the child to additional trauma by forcing them to repeat the horror, shame and humiliation
of the abuse. An additional effect of multiple interviews was a prosecution that could be plagued with slightly differing statements that could be picked apart by a defense attorney. If a case reached trial, the child often did not have the strength to tell their story again, this time in a courtroom in front of a judge, 12 strangers on a jury, and the abuser and his supporters present. The prosecution could fall apart, the perpetrator released, and the child and family left in a worse situation than before the disclosure. In contrast, the Child Advocacy Center concept has the child as the hub of a wheel; all the professionals who help that child and make up the Multidisciplinary Investigative Team (MDIT) are the spokes. Rather than making the child travel to each professional separately, having each system work alone, this concept requires each professional to come to the child and act in a coordinated fashion. The resulting collaboration promotes more informed decisions, and a minimization of the trauma children can suffer following disclosure and the subsequent investigation. Every CAC is a child-friendly environment designed to meet the needs of children who are alleged to have been abused. The victim is interviewed by a specially trained Forensic Interviewer who is responsible for obtaining a statement from a child in a manner that is developmentally appropriate, using open-ended and non-leading questions that will not taint the interview. Members of the MDIT are able to observe the interview live so they get the benefits of observing a live interview, while the child is spared the trauma of multiple interviews. Beyond the forensic interview, accredited CACs also provide access to specialized medical and mental health treatments for both the child and non-offending family members. Abused children are at a higher risk for developing a plethora of issues, including increased drug and alcohol use, promiscuity, problems forming and maintaining relationships, and mental health diagnoses as adults. Medical and mental health professionals and child/family advocates have a seat on the MDIT, and participate as a team in each case, looking at each child as a whole, while helping the investigation and pursuing justice in the legal case. Research demonstrates that child abuse investigations handled through a CAC: • have a shorter length of time to disposition; • have better prosecution outcomes; • have higher rates of caregiver and child satisfaction; • make more referrals to mental and medical health services; • save money; and • anecdotally, use of the CAC model results in more plea agreements. National standards promulgated by the National Children’s Alliance (NCA), the national accreditation body for CACs, allow for organizational flexibility so that the CAC model can CONTINUED ON PAGE 32u
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PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | SPRING 2014 | 29
THE IMPORTANCE OF CHILD ADVOCACY CENTERS AND WHY THEY WORK be adjusted to work in different economic, geographic and culturally diverse communities. CACs must have ‘buy-in’ at the community level, both from those who are implementing the program and the professionals in the field who do the actual day to day work. ‘Getting it right’ for each different community results in better child abuse investigations for law enforcement, prosecution and CYS, and faster healing for the child and nonoffending family members.
need. Spurred on by the growth of the CAC movement, the Pennsylvania District Attorney’s Association and local District Attorneys and Chiefs of Police in counties with a CAC have all advocated for improving and increasing CACs in Pennsylvania. CACs provide comfort to children and adults while simultaneously providing better investigations to police and children and youth workers, better information for prosecutors, and faster healing for both the child victims and their families.
One of the key findings of PA’s Task Force on Child Protection was to establish permanent funding sources to sustain existing CACs and establish new CACs throughout the Commonwealth. A challenge that many Centers face is sustainability and limited funding. CACs never charge a fee to families for services. Some Centers are able to obtain a portion of their funds from partner agencies, but the remaining balance must be raised through private donors, foundations and fundraising events. CACs have closed in the past due to lack of funding.
What can you do as chiefs to improve the CAC process in your community? Speak with your DA about developing a CAC that will work for your community if you don’t already have one. If you do have a CAC, educating officers about the need to access the CAC for child abuse investigations and leaving the interview of the child victim for the CAC to conduct is paramount. Finally, helping to get community involvement and support for your CAC is key to the success of all CACs.
CACs want to make sure that all child victims of abuse, in all communities, receive the help and support that they
2013 Police Department Wall of Fame By Jeffrey Blystone, Manager, Victims Compensation Assistance Program
IN 2013, THE VICTIMS COMPENSATION ASSISTANCE PROGRAM (VCAP) REQUESTED 5,170 POLICE REPORTS FROM A TOTAL OF 614 OF PENNSYLVANIA’S MORE THAN 1,200 POLICE DEPARTMENTS. Of the 614 departments, 55%, or 338, constantly responded to our requests throughout the year in an average of 15 days or less. This has significantly helped to place much needed financial assistance into the hands of those who have been affected by crime. The number of police departments on the Wall of Fame has shown continuous increases over the year. Letters will be sent to the 338 departments and the District Attorney in the county where the police department provides law enforcement coverage. The list will also be available on the PCCD website under the Victims of Crime area by using the following link: Are You A Law Enforcement Officer Or Other Public Safety Official under the Allied Professional section or by clicking on the following link: http://www.portal.state.pa.us/portal/server.pt ?open=512&objID=5458&&PageID=496370&level=3&css=L3&mode=2 From 2012 to 2013, the response to VCAP’s requests for police reports showed a marked and healthy improvement in the 0-30 days and continual decline in all other areas except in the area of requested reports were never received.
• In 2012, 74% of the requested reports were received in 0-30 days; in 2013 it was 80% • In 2012, 13.3% of the requested reports were received in 31-60 days; in 2013 it was 9.7% • In 2012, 5.2% of the requested reports were received in 61-90 days; in 2013 it was 2.8% • In 2012, 4.8% of the requested reports were received in over 90 days; in 2013 it was 3.4% • In 2012, 2.6% of the requested reports were never received; in 2013 it was 3.8% Of note, 38 of the reports were requested in the last 30 days and 158 have not responded for 30 days or more.
VCAP’s goal is to increase the number of reports received in the 0-30 day range and reduce the number of reports received in the other four areas.
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THE LAW ENFORCEMENT INFORMATION SYSTEM (LEJIS)
THE LAW ENFORCEMENT INFORMATION SYSTEM (LEJIS) By Tom Medwid, Chief of Police, Lower Salford Twp.
THE COMMONWEALTH OF PENNSYLVANIA HAS OVER 1200 INDIVIDUAL POLICE DEPARTMENTS. HOWEVER, WHILE INDIVIDUAL DEPARTMENTS MAY OCCASIONALLY SHARE THEIR DATA, THERE IS NO COMMONWEALTH-WIDE SYSTEM THAT PERMITS NEAR-REAL-TIME POLICE INCIDENT DATA SHARING. THIS PREVENTS LOCAL LAW ENFORCEMENT, OUR FIRST LINE OF DEFENSE AGAINST TERRORISM, TO IDENTIFY AND THWART THE EFFORTS OF TERRORISTS AND CRIMINAL ORGANIZATIONS. The Law Enforcement Justice Information System (LEJIS) is an innovative police data sharing system that works in conjunction with the Pennsylvania Justice Network (JNET). LEJIS is transforming the way law enforcement agencies in Pennsylvania access and share local, state, and federal public safety records. For the first time in Pennsylvania, participating law enforcement agencies have near-real-time access to each other’s police incident reports. With information more readily www.pachiefs.org
available, police officers and sheriffs are better equipped to increase their own safety, while detectives and District Attorneys can conduct more efficient investigations. LEJIS improves patrol officer safety by providing near-real-time incident data to police in the field through their own agency’s RMS. It also enables investigators and supervisors to coordinate their investigations with other agencies and has led to many successful
cross-jurisdictional investigations. LEJIS users can quickly identify whether other law enforcement agencies have had prior contact with an individual, a piece of property or a vehicle, and provides follow-up contact information. • LEJIS now connects over 380 law enforcement agencies throughout Pennsylvania, including the City of Philadelphia Police Department and the City of Pittsburgh Bureau of police.
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THE LAW ENFORCEMENT INFORMATION SYSTEM (LEJIS)
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• 30% of the police departments in Pennsylvania are connected covering > 50% of the population. • Over 10,000,000 incidents have already been shared. • Over 600,000 searches have been conducted over the past two years. • The Corbett Administration awarded LEJIS an Award for Local Government Excellence in 2011 in the category Information Technology for its innovation and success.
or incident categories get shared. If a new incident is added to their local RMS and is sharable, it automatically gets uploaded. If a previously shared record gets updated, those updates get sent to the LEJIS Index. Finally, if a previously shared record or information from a record, such as an individual’s name, gets deleted from the local RMS, it gets deleted from the LEJIS Index. This is to ensure synchronization between local RMSs and the LEJIS Index.
and Delinquency in partnership with the Pennsylvania District Attorney’s Association undertook the first actions supporting this goal by contracting with the LEJIS technology contractors to provide operations and maintenance through 2014. Additionally, the Commonwealth’s legislature proceeds with plans to introduce a formal line item in the state budget to support annual LEJIS operating and maintenance costs for the long term.
The LEJIS is a data-driven, pointer index system, not a data warehouse. Police incident reports are not stored in the LEJIS index. Rather, each time a police department enters or modifies person, property or vehicle data in its RMS, the department’s RMS automatically submits and stores some of the report’s data in the LEJIS index. LEJIS users may rapidly search the index to help them solve cases.
At present, several RMS vendors are certified to participate in LEJIS including Metro Technology Services, Cody, Informant Technologies, VisionAir, and DataWorksPlus (cNET contractor).
Law enforcement officials can gain access to LEJIS either through their police department’s RMS, or by logging into JNET, navigating to the Secure Home Page, clicking on the Justice Data link, and then selecting the LEJIS link.
LEJIS is a partner with the Pennsylvania Justice Network (JNET). JNET provides a secure platform for police departments to share their RMS data. Transitioning LEJIS from its current governance to a technology project managed directly by JNET continues to proceed as planned. The Pennsylvania Commission on Crime
For further information on connecting to LEJIS, please contact either Chief Tom Medwid, the LEJIS Steering Committee Chairman at 215-256-9500 or tmedwid@lowersalfordtownship.org. Also visit our public project website at www.LEJIS.net to learn more about the project.
Police departments participating in LEJIS maintain control over their RMS data. The executive officer of each department determines which incidents
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PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
APPLICATION TYPE:
APPLY ONLINE!
oA ctive Membership $125 per year plus $50 Initiation Fee ($175 to accompany application) oA ffiliate Membership $125 per year plus $50 initiation Fee ($175 to accompany application)
3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | www.pachiefs.org PLEASE TYPE OR PRINT CLEARLY.
APPLICANT INFORMATION
RECOMMENDING MEMBER
Full Name of Employer___________________________________
Please list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.
Office Address __________________________________________
Recommending Member Name and Title:
______________________________________________________
______________________________________________________
Name__________________________________________________ Rank ___________________________ Date of Appt___________
______________________________________________________ County _____________________ Phone ____________________
Department Name and Phone Number: ______________________________________________________
Fax ___________________ Email ___________________________
APPLICANT DEPARTMENT INFORMATION
Are you a sworn police officer? Y or N
Provide the number of sworn police officers in your department
Full Time Police Officer in Above Department? Y or N
Full time ___________ Part time __________
MPOETC # ___________________________________________ If not applicable, please explain why MPOETC number is not present _ ______________________________________________________ Residence Address ______________________________________ ______________________________________________________ ______________________________________________________ County ____________________ Phone _____________________ Date of Birth _______________ Region _____________________ Have you ever been convicted by a Court of Record of the commission of a felony or misdemeanor? Y or N
If yes, explain on a separate sheet of paper and attach to application form. Signature of Applicant: ______________________________________________________
MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 For office use: Check Amount & No. ______________ Date __________________________
If industry, number of security officers under applicant’s command ___________ If other, state nature of business in relation to law enforcement ______________________________________________________ ______________________________________________________ ______________________________________________________
MEMBERSHIP QUALIFICATIONS
Section 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at www.pachiefs.org.