Bulletin Magazine

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Scanning the Future: PCPA’s Strategic Plan ..............................................................................................11, 13 2012 Conference Save the Date......................................................................................................................12 Thank You PCPA Sponsors ............................................................................................................................12 Pennsylvania Law Enforcement Gives Back ....................................................................................................13 Real Time Information: A First Responder’s First Line of Defense ............................................................ 14-15 Tech Mandates | Spoofing ........................................................................................................................ 16-17 PA Virtual Training Network On Schedule to Launch....................................................................................18 Leveraging the Power of LEJIS ................................................................................................................. 19-20 NHTSA News for Law Enforcement..............................................................................................................21 Open Carry in Pennsylvania - A Guidance Document for Local Law Enforcement ............................ 22-23, 26 PCPA Membership Products .................................................................................................................... 24-25 Statement of Ownership.................................................................................................................................26

&2/8016 '(3$570(176 Executive Board & Committees .......................................................................................................................4 President’s Message ...........................................................................................................................................5 Executive Director’s Message ............................................................................................................................6 Memberships & Memorials ..............................................................................................................................7 The Chiefs Legal Update .............................................................................................................................. 8-9 Legislative Report ...........................................................................................................................................10 Welcome to Our Newest Accredited Agencies ................................................................................................12

3&3$ 67$)) Amy Rosenberry &YFDVUJWF %JSFDUPS t arosenberry@pachiefs.org Tom Armstrong .FNCFS 4FSWJDFT t tarmstrong@pachiefs.org Ashley Crist &YFDVUJWF "TTJTUBOU t acrist@pachiefs.org Chris Braun (SBOU 1SPKFDUT t cjbraun@pachiefs.org Jerry Miller 0GGFOEFS *EFOUJGJDBUJPO 5FDIOPMPHZ t jmiller@pachiefs.org Joseph Blackburn "DDSFEJUBUJPO $PPSEJOBUPS t jblackburn@pachiefs.org Andrea Sullivan "DDSFEJUBUJPO "TTJTUBOU t asullivan@pachiefs.org Cheryl Campbell 'JOBODJBM "ENJOJTUSBUJPO t ccampbell@pachiefs.org Bill Gibson 1IZTJDBM 'JUOFTT t fitcop@hotmail.com

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 information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative and goals, news items, upcoming events and legal issues. Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. Articles or ideas for content should be submitted to PCPA Headquarters c/o Amy Rosenberry, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to arosenberry@pachiefs.org.

PA CHIEFS OF POLICE ASSOCIATION %8//(7,1

(;(&87,9( %2$5' &200,77((6 OFFICERS

BUDGET & PERSONNEL

Thomas DiMaria

Chair:

President #HIEF OF 0OLICE s 3WOYERSVILLE "OROUGH

Members:

John Mackey 1st Vice President #HIEF OF 0OLICE s "ETHEL 0ARK "OROUGH

Thomas King

Thomas DiMaria +EITH +EIPER s 4HOMAS 'ROSS 2OBERT *OLLEY s 7ILLIAM +ELLY 4HOMAS +ING s -ICHAEL +LEIN $ANIEL +ORTAN *R s *OHN -ACKEY 7ILLIAM 2ICHENDRFER

2nd Vice President #HIEF OF 0OLICE s 3TATE #OLLEGE "OROUGH

EDUCATION & TRAINING

William Kelly

Robert Martin

3rd Vice President #HIEF OF 0OLICE s !BINGTON 4OWNSHIP

Members:

Keith Keiper 4th Vice President #HIEF OF 0OLICE s +INGSTON "OROUGH

Daniel Kortan, Jr. #HAIRMAN #HIEF OF 0OLICE s ,ANSDOWNE "OROUGH

William Richendrfer 3ECRETARY #HIEF OF 0OLICE s 3OUTH #ENTRE 4OWNSHIP

Chair:

7ILLIAM +ELLY s 2OBERT !DAMS 4 2OBERT !MANN s 7ILLIAM $ALY $ANIEL $UFFY s *OSEPH %LIAS !SHLEY (EIBERGER s $ANIEL (UNSINGER (OWARD +OCHER s 4HOMAS +OKOSKI $AVID ,AUX s $ENNIS ,OGAN $ENNIS -C$ONOUGH s 4OM /GDEN 2OBERT 2UXTON s *AMES 3ANTUCCI #ARL 3CALZO s *OHN 3NYDER +EVIN 3TOEHR s 'EORGE 3WARTZ 2ICHARD 7ILEY

LEGISLATIVE

Michael Klein

Chair:

4REASURER #HIEF OF 0OLICE s (ARRISON 4OWNSHIP

Members:

BOARD MEMBERS Thomas Gross - 2014 #HIEF OF 0OLICE s 9ORK !REA 2EGIONAL 0OLICE

Richard Hammon - 2014 3UPERINTENDENT s 3ILVER 3PRING 4OWNSHIP

Joseph Daly - 2013 #HIEF OF 0OLICE s 3PRINGFIELD 4OWNSHIP

Harold Lane - 2013 )NSPECTOR s !LLEGHENY #OUNTY $!

David Spotts - 2012 #HIEF OF 0OLICE s -ECHANICSBURG "OROUGH

Michael Flanagan - 2014 #HIEF OF 0OLICE s ,AFLIN "OROUGH

David Mettin - 2014 #HIEF OF 0OLICE s 0ENNRIDGE 2EGIONAL 0OLICE

Robert Jolley - 2013 #HIEF OF 0OLICE s $ALLAS 4OWNSHIP

William Grover - 2012 #HIEF OF 0OLICE s %TNA "OROUGH

Scott Bohn - 2012 #HIEF OF 0OLICE s 7EST #HESTER "OROUGH

Jason Umberger *OHN -ACKEY s $ARRYL !LBRIGHT $IANE #ONRAD s 2ANDOLPH #OX 2ICHARD $ANKO s -ICHAEL $ONOHUE 2ONALD &ONOCK s %RIC 'ILL %RIK 'RUNZIG s -ARSHALL -ARTIN 4HOMAS -URRAY s 0ATRICK / 2OURKE 3R $EAN /SBORNE s *OSEPH 0ONTARELLI ,EO 3OKOLOSKI s *EFFREY 3TORM 2OBERT 4HEN s *OHN 4URCMANOVICH !LBERT 7ALKER s 0AUL 9OST

MEMBERSHIP/BYLAWS Chair: -ARK 0UGLIESE 'ARY !NDERSON s 4HOMAS +ING -ARK "ENTZEL s 2OBERT #IFRULAK *OHN %NGLISH s *OHN 0ETRICK 'UY 3ALERNO s *OHN 3LAUCH 4IMOTHY 4RENTLY s -ARTIN 7USINICH

RETIRED CHIEFS Chair: 2ICHARD (AMMON

Members: 2ICHARD "AER s -ICHAEL #ARROLL 7ILLIAM %CKERT s 7ILLIAM (OWATT $ONALD (UNTER 3R s 3AMUEL +ARPA 3TEPHEN /TT s 0AUL 3ABOL 2ONALD 3MEAL s 7ILLIAM 7EAVER

%XECUTIVE $IRECTOR

4

The Association is a professional organization of chiefs of police and other executives of police, public safety and private law enforcement organizations across the Commonwealth of Pennsylvania. The Association provides a vehicle through which members can come together, examine their positions on issues, and address the needs of their colleagues.

The values that guide the Associationâ&#x20AC;&#x2122;s working decisions are central to its mission. These values include accountability, continuous improvement, diversity, education and training, human life, innovation, the laws and Constitution of the Commonwealth of Pennsylvania, problem-solving, compassion, cooperation, excellence, fairness, inclusion, integrity, personal autonomy, and professionalism. When put into practice, these values help the Association contribute to the quality of life across the state.

The Associationâ&#x20AC;&#x2122;s values are characteristics of qualities of work. Although the membership of the Association may need to balance these values from time to time on both an individual and collective basis, the Association will never ignore these values for the sake of expediency or personal preference.

The Association holds these values constantly before it to teach and remind the Associationâ&#x20AC;&#x2122;s membership, and the communities which those members serve, of the Associationâ&#x20AC;&#x2122;s ideals. These values are the cornerstone upon which the Association is founded.

In fulfilling its mission, the Association needs the support of the residents and elected officials of the Commonwealth of Pennsylvania and the Associationâ&#x20AC;&#x2122;s staff in order to provide the quality of service which the Associationâ&#x20AC;&#x2122;s values commit it to providing.

Members:

Amy Rosenberry

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The Association seeks to serve and protect all residents of the Commonwealth of Pennsylvania; as such, the Association aims to earn and maintain the unqualified respect of all residents. The Associationâ&#x20AC;&#x2122;s members aim to be respected leaders in their communities, throughout the Commonwealth of Pennsylvania, throughout the United States of America, and internationally.

With these aims in mind, the Association promotes the professional and personal development of its members through innovative services, training, peer counseling and comradeship. The Association makes a positive impact on the quality of life in the communities which its members serve through pro-active leadership in the following: community partnerships, ethics and integrity, knowledge and information dissemination, promoting legislation which advances the mission of the Association before the United States Congress and the Pennsylvania General Assembly, media relations, professional standards, vision, and innovative change.

www.pachiefs.org

PA CHIEFS OF POLICE ASSOCIATION %8//(7,1

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GREETINGS,

I

t is hard to believe that the Holiday Season is upon us and I would like to take this opportunity to wish everyone a Happy and Safe New Year! I hope that everyone has fond memories of the recent celebrations with their families and friends.

The Staff at PCPA Headquarters continues to work diligently on many new and existing projects.

As always our Staff is available to you for any questions or guidance you need with respect to the many different programs we offer. As the New Year of 2012 arrives I am sure it finds many of us scrambling to meet the challenges of keeping within budgets and making sure we still maintain the highest level of service. Here is one way to help you keep within your budget.

The PAVTN will be the only on-line source where officers will be able to fulfill one-half of their 2012 MPOETC mandatory training without physically attending both classes. Access will be 24/7 so officers will be able to take the courses at a time convenient for both them and their department.

You can now register your officers by going to www.pachiefs.org/PAVTN - and electronically sending it to PCPAHeadquarters@pachiefs.org. A welcome message will be sent to each registered user once all of the forms are uploaded into the system.

Chiefs can save valuable time by registering the officers in their department. Although officers are welcome and can complete the registration, Staff at PCPA will be required to contact their respective chief to verify and complete the process.

In addition, there are other excellent training classes already available on the PAVTN and more to come in 2012. I would ask you to take the time and make yourself familiar with the classes offered. As always, your suggestions are valued and I ask that you take the time to contact us with your recommendations.

I wish to take this opportunity to thank the members of the Executive Board and Staff who recently completed the task of meeting and formulating a new Strategic Plan for our Association. Most, if not all of us, went into uncharted waters not knowing what to expect. After the two day summit, all present agreed it was an experience that not only brought all of us closer together but mapped out a course for our Association to follow.

In closing, I just want to remind you that in addition to the two projects mentioned above, we still have networking, consulting, information sharing, accreditation and other member services available to you that are just a phone call away.

Please don’t hesitate to call or email the Staff at Headquarters with any questions, or better yet, stop in and say hello when you are nearby.

Best wishes to all for a Safe and Happy New Year, Sincerely,

Tom DiMaria President

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T

ime has been passing very quickly this year and it seems that there is never a dull moment! Not just here at PCPA Headquarters, but everywhere. “Doing More with Much Less” rings true for us all at this time!

Many of you attended our recent Leadership Training which focused on this topic and was very well received. This was the first in a series of Leadership courses being offered by PCPA based on input from members. Please make sure you check your email and the website regularly for upcoming trainings such as this. Training is a major focus here at PCPA as we move forward with the implementation of our Strategic Plan. Not only classroom training but also more options for training such as webinars, and of course, online training including 2012 MIST. Many important and valuable courses are already posted on the PAVTN and production of 2 of the 2012 mandatory courses has already begun. Please make sure you contact us about registering you and your officers on PAVTN.net if you have not already done so. We have already received over 3000 registrations for the site from law enforcement wanting to take advantage of this convenient and efficient method of training!

This new and exciting service is the product of the hard work of many within the PCPA and it is only the beginning! The 2012 -2016 Strategic Plan for the PCPA is reproduced in this issue of the BULLETIN. As you will see, the Board and Staff have taken the valuable recommendations and responses of the membership and put it all in to action. We have many new projects in development and are working to revise some of the old as well. Communication and the use of technology are pivotal to our success. Your participation and input are always appreciated and encouraged!

Conference plans have already started and it is never too late to send in or start thinking about your part in the conference…nominating someone for an award, a training course idea, or just marking your calendar with the dates!!! July 8-12, 2012 in Camp Hill, PA just across the river from Harrisburg. We know you will be pleased with the new location and the exciting week we have in store! Join us as we Cross the Bridge to an excellent conference and begin a new journey - we certainly expect to see you there this year!

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1929-2011 PCPA President 2005-2006

All of us were saddened by the loss of one of our dear friends and past President of the Association. Sadly, in November, Chief Len Lotrick passed away at the age of 82. Len was President of the PCPA from 1995-1996 while he served as the Chief of Police in Marysville Borough. Lenny was a perennial veteran of the PCPA. Only 5 other current members have matched his tenure and loyalty to the organization. Chief Lotrick was active in many organizations throughout his 45 years in law enforcement and was a proud representative of our membership from the Northeast. Lenny had an intense commitment to the PCPA, specifically our bylaws and membership committee but nothing compares to his dedication and devotion to his dear wife Katherine. Len and Katherine were known by us all as one and will be remembered for years to come.

All my best to each and every one of you and your families during this holiday season. Please be careful and know that you are appreciated!

All my best,

Amy K. Rosenberry Executive Director

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PA CHIEFS OF POLICE ASSOCIATION %8//(7,1

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Administrative Major Robert Archacki Chester City Chief Thomas Deasy West Homestead Borough Captain Charles Fell Chester City Captain Andrew Frear Johnstown City Chief Robert Geist Brecknock Township Lieutenant Bryan Kauffman Susquehanna Township Chief Matthew Kuzma Kidder Township Chief Steven Mawhinney Langhorne Borough Chief Eugene Richard St. Clair Freedom Borough Deputy Chief Michael Staub Office of the Attorney General Chief Joseph Stauffer Manheim Borough Chief David Steffen Northern Lancaster County Regional

Call PCPA Headquarters at (717) 236-1059

In Memoriam

We mourn the loss of the following members of the Pennsylvania Chiefs of Police Association family.

We extend our prayers and deepest sympathies to their loved ones and remain grateful for the lives of: 0<521 %/$1./(< Retired Chief, Aldon Borough /(21$5' /275,&.

PCPA Past President and Retired Chief, Marysville Borough

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PCPA 2012 Dues Renewal notices will be sent out either electronically or by mail this year, depending on the mailing preference in your profile. For members who have opted to receive your mail and the Bulletin magazine electronically, you will be receiving a dues notice via email this year. Please check your inbox to be sure that you didn’t miss the notice or that it wasn’t sent to your spam folder.

If you have chosen to receive your PCPA information electronically but have not received regular emails from PCPA, we may have your email address listed incorrectly. Please login to the PCPA website using your email and password, go to “View Profile” to correct any errors in your contact information.

Thank you for your continued membership in 2012!

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The Chiefs’ Legal Update

Provided by Chris Boyle, Esq. and reprinted with permission from Marshall, Dennehey, Warner, Coleman & Goggin United States v. Wolfe, 2011 U.S. App. LEXIS 23195 (3d Cir. Nov. 18, 2011) On the evening of May 3, 2010, Carol Brown dialed 9-1-1 from her home … in Philadelphia and reported that her son, Wolfe, had been shot in the hand while he was out on the street. A police radio call then went out reporting a “male shot on the highway.” Two officers responded within a few minutes and knocked on the door to Brown’s home. …. The officers found Wolfe sitting in a chair in the living room bleeding profusely from his hand. They questioned him about what happened and whether he knew who had shot him, and Wolfe responded that he had been shot while he was outside. …

The officers asked Brown whether there were any other individuals in the house, and she told them that there were none. Within a few minutes, the officers assisted Wolfe, who appeared to be fainting, out of the home …

As the officers were bringing Wolfe out the front door, a supervising officer, Sergeant Evans, arrived at the scene. Evans observed that Wolfe appeared to be in a great deal of pain, and he authorized the officers to transport Wolfe to a local hospital. He did not, however, communicate with Wolfe, Brown, or the officers about what had happened or whether there was cause for concern that someone still in the home was injured or might pose a threat. After Wolfe was taken to the hospital, Evans entered the home, …

As he did so, he observed blood, including a trail of blood that led up the stairs to the second floor and ended at the top of the stairway. Evans and another officer followed the blood trail to the second floor and entered a rear bedroom (… Wolfe’s), where they saw a clear plastic bag on the bed. Because he immediately believed the bag contained narcotics, Evans secured the property and called the police department to request a search warrant. When the search warrant arrived, the officers entered the bedroom and began a full search, finding crack cocaine, marijuana, and a firearm…

After Wolfe was released from the hospital, police took him to a police station for questioning. They informed him of Evans’s search and arrested him. Wolfe later made incriminating statements regarding his ownership of the drugs and the gun, and his intent to sell the crack cocaine….

We must determine whether Sergeant Evans violated Wolfe’s Fourth Amendment rights by searching the second floor of his residence without a warrant. That requires first asking whether Evans’s entry into Wolfe’s residence was lawful, a matter as to which the government bears the burden of proof. …The government failed to carry that burden, and, on the facts found by the District Court, we are persuaded that suppression was appropriate.

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The District Court did not expressly decide whether Evans’s initial entry into the home was lawful. Rather, the court granted the motion to suppress based on its conclusion that the search of the second floor was unconstitutional. However, because we may affirm on any ground supported by the record, we begin our analysis by examining whether Evans’s initial entry into the home was lawful…

“It is a “basic principle of Fourth Amendment law’ that searches and seizures inside a home without a warrant are presumptively unreasonable.” …However, the Supreme Court has recognized several exceptions to the warrant requirement. One of those exceptions is that law enforcement officers may enter and search a home under exigent circumstances. ... Exigent circumstances have been found, for example, in situations where emergency aid is required, …, where officers are in “hot pursuit” of a fleeing suspect, … and where there is an imminent risk that evidence will be destroyed….

Of particular note here, “law enforcement officers may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.” …. However, for the warrantless search to be constitutional, there must be “probable cause and such other circumstances [as] would cause a reasonable person to believe that the “exigencies of the situation made that course imperative.’” …In other words, Evans must have held “”an objectively reasonable basis for believing’ ... that “a person within [the house was] in need of immediate aid.’” …(“[G] iven the rationale for this very limited exception, the state actors making the search must have reason to believe that life or limb is in immediate jeopardy and that the intrusion is reasonably necessary to alleviate the threat.”).

Specifically, the government contends that Evans’s search was “not only reasonable, but manifestly appropriate and necessary,” because he observed “a gunshot victim on the first floor of the house, blood throughout the rooms on the first floor, and a trail of blood leading to the top of the stairs to the second floor,” and that he made those observations “moments after a nearby shootout.” The difficulty with that argument is that it ignores the evidence of record and facts found by the District Court. The government had to prove that Evans had an “objectively reasonable basis” for his belief that additional victims or threats existed in Brown’s home. The only basis the government asserts is the exigency created by the shooting that wounded Wolfe. But the District Court found as a matter of fact that there was no exigency in the home by the time Evans arrived, and, on this record, we cannot say that finding is clearly erroneous. … Evans arrived at the scene after two other officers had already been in the home and addressed the exigency, and none of the

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PA CHIEFS OF POLICE ASSOCIATION %8//(7,1

evidence available to Evans when he arrived suggested that there was another victim or threat in the home… On these facts, and they are the facts that bind our review, Evans’s observation of blood in the house did not create an “objectively reasonable” basis for a belief that the blood belonged to anyone other than Wolfe. There is nothing in the record suggesting that anyone other than Wolfe was wounded or had come into the house that Brown shared with Wolfe. To the extent an emergency existed when the two responding officers first arrived at 912 South Orianna Street, it ceased when they safely transported Wolfe out of the house and to the hospital.

This last point bears strong emphasis. We should not be understood as holding that police officers cannot address ambiguous and evolving circumstances as their well-informed professional judgment dictates. In this case, however, Evans began his search after the two responding officers had already resolved the only exigency there was cause to believe existed. It is true that “[officers do not need ironclad proof of a likely serious, life-threatening injury to invoke the emergency aid exception,” …, but here, after hearing the evidence, the District Court determined that Evans had no indication that additional victims or threats were inside the home after Wolfe’s departure.

Comment: I think this one had a chance of going either way, Sarge. Negative side: Evidence suppressed. Positive side: Gun and drugs off the street; we now know, if we didn’t know before, that Wolfe is a drug dealer who carries a gun; and, if that weren’t enough, Wolfe won’t be shooting anyone with that hand for a while.

I’m gonna call this a win.

UNITED STATES OF AMERICA v. JORGE VALDEZ a/k/a ROBERTO VASQUEZ, 2011 U.S. Dist. LEXIS 125371 (M.D. pa. Oct. 31, 2011) …Defendant challenges a search of the property area outside the residence situated at 183 Strawberry Hill Rd., Sciota, Pennsylvania performed on October 14, 2009. Defendant evidently lived at this residence at some point, although someone else leased it. …The lease does not contain defendant’s name.

The search at issue occurred because the Drug Enforcement Agency (“DEA”) received confidential information that a large amount of cocaine and two million dollars in cash could be found on the property. The informant also indicated that the police should act urgently in searching for the material before the defendant succeeded in obtaining assistance to remove the drugs and money.

The police then went to the property and obtained the consent of the residence’s landlord, Mary Czekoj-Wilusz, to perform the search. Czekoj-Wilusz indicated that she had leased the house to Jaime Roacho. Although she leased the house, she maintained access to almost five acres of property, a commercial garage and equipment located on the property. She and her husband had daily access to the property. The DEA did not search inside the residence on this date, but searched on the property, which is where the informant indicated the drugs could be found. Under a bathtub-spa unit behind the garage, the police found thirteen (13) kilograms of cocaine, a money counter, a heat sealer, bags and rubber bands. They found the cocaine inside a duffle bag, and the other paraphernalia inside a black garbage bag and a small soft-sided cooler...

A. Actual Authority …Where two or more parties jointly occupy premises, the conwww.pachiefs.org

sent to search provided by one party is valid against the co-occupier.

United States v. Matlock, … (1974). To establish that a warrantless search is reasonable on the basis of actual authority of one of the occupiers, the government must establish that the parties had joint access or control for most purposes and that consent was provided freely and voluntarily.

Here, the government presented evidence that the landlord who consented to the search had indeed leased the house. She, however, “maintained access to almost five acres, a commercial garage and equipment that was still there. She and her husband had daily access to the property.” Additionally, the “Consent to Search” form indicates that the landlord provided consent freely and was not threatened or forced in anyway. (Doc. 63, Gov’t Ex. 1, Consent to Search). Accordingly, the government established free and voluntary consent to an area of joint access or control. The landlord thus had actual authority to consent, and the search was reasonable.

B. Apparent Authority Assuming for the sake of argument that the landlord did not have actual authority to consent to the search, the search would nonetheless be reasonable. If the government official performing the search has a reasonable belief that the consenter had the authority to consent then the search can be valid under the doctrine of “apparent authority.” The Supreme Court has explained as follows: “As with other factual determinations bearing upon search and seizure, determination of consent to enter must be judged against an objective standard: would the facts available to the officer at the moment warrant a man of reasonable caution in the belief that the consenting party had authority over the premises?” Illinois v. Rodriguez, (1990). We must therefore examine the facts available to Agent Farano and whether they would have led a man of reasonable caution to the belief that the landlord had authority over the premises.

Agent Farano knew that the person who leased the property no longer resided there. Additionally, the defendant no longer lived there, as he was imprisoned. Not only was he imprisoned, but immigration officials had lodged a detainer against him as he was in the country illegally. Thus, he was unlikely to ever return to the property. Faced with property, and an empty residence, the government contacted the owner/landlord of the property. Given the circumstances it was reasonable for the officers to believe that she had authority to consent to the search. Accordingly, even if the defendant had standing and the landlord had no actual authority, she did have apparent authority to consent to the search and the warrantless search is reasonable.

Comment: This guy ain’t even trying with the alias. Granted, with either name, I’m guessing the ladies find you suave and debonair, but it shows a real lack of effort that this writer finds disappointing in a drug dealer of your thirteen kilo stature. Can you just picture the landlady with a backhoe about twenty minutes after the agents leave, looking for the Mr. Suave’s millions? Consent is a tricky thing, and a warrant is always preferred. Be that as it may, there are arguments to be made regarding actual and apparent authority. Officers should also be able, as these agents, to articulate why time was of such the essence that they didn’t obtain the warrant.

The material in this law alert has been prepared for our readers by Marshall, Dennehey, Warner, Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.

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LEGISL ATIVE REPORT

The following Acts of special interest to law enforcement were signed into law by Governor Corbett since the last issue of the BULLETIN was published. The full text of each new Act is available on the PCPA Bills To Watch Page of the PCPA website. $&7 Signed by the Governor October 25, 2011. Takes effect in 60 days Original Bill- House Bill 9 Amends Title 75 (Vehicles) by limiting the number of persons that may ride with a junior driverâ&#x20AC;&#x2122;s license permit holder, providing for learnersâ&#x20AC;&#x2122; permits by requiring 65 hours of practical driving including ten hours of night driving and five hours of inclement weather driving; providing for suspension of operating privilege and for restraint systems. The bill removes provisions making driving without a seat belt a secondary offense and requires occupants age eight through 18 to be restrained. Requires certain reports.

$&7 Signed by the Governor on November 10, 2011. Effective immediately

$&7 Signed by the Governor on November 9, 2011. Takes effect in 120 days Original Bill- Senate Bill 314 Amends Title 75 (Vehicles) to define â&#x20AC;&#x153;interactive wireless device,â&#x20AC;? which includes various types of cell phones but not GPS or those systems integrated into the vehicle, and prohibit a driver from operating a motor vehicle on a highway or trafficway while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion. The bill differentiates between texts and phone calls and provides for penalties.

$&7 Signed by the Governor on November 22, 2011. Effective immediately, with exceptions Original Bill- House Bill 1461 Amends The Borough Code, in civil service for police and firemen, further providing for examinations and for eligibility list and manner of filling appointments by adding that applicants must also be subject to a background investigation and be subject to the regulations adopted by the commission and to examination and selection in accordance with section 1188 of the act. The bill shall apply to all promotion examinations conducted on or after October 27, 2010. Also provides that the provisions in the Code prohibiting elected borough officials of boroughs with a population of less than 3,000 from serving as a borough employee shall not apply to a borough official serving as an employee prior to the certification of a decennial census which indicates an increase in population of the borough to 3,000 or more.

$&7

Signed by the Governor on November 10, 2011. Effective immediately Original Bill- House Bill 1459 Amends the Third Class City Code, in civil service, further providing for promotions by adding that the mayor or other elected or appointed official of a city that has adopted one of the following shall retain the power to promote a candidate pursuant to that law: (1) An optional charter pursuant to the Optional Third Class City Charter Law; (2) An optional plan pursuant to 53 Pa.C.S. Chs. 30 (relating to types of optional plans of government) and 31 (relating to general provisions common to optional plans); or (3) Any other law authorizing or permitting the mayor or other elected or appointed official to promote a candidate.

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Original Bill- House Bill 1460 Amends The First Class Township Code, in civil service for police and firemen, further providing for examinations and for eligibility list and manner of filling appointments by adding that applicants must also be subject to a background investigation and be subject to the regulations adopted by the commission and to examination and selection in accordance with section 1188 of the act. The bill shall apply to all promotion examinations conducted on or after October 19, 2010.

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.

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SCANNING THE FUTURE:

3&3$·V 6WUDWHJLF 3ODQ 285 0,66,21 The Pennsylvania Chiefs of Police Association is an organization of law enforcement executives promoting excellence and providing expertise in law enforcement and public safety within the Commonwealth of Pennsylvania through strong leadership and innovative programs.

285 9,6,21 Our vision is to provide professional leadership and a respected voice for Pennsylvania’s law enforcement community.

285 9$/8(6 We value professionalism. We believe that by adhering to standards and committing to continuous improvement, law enforcement agencies can provide the most effective level of services to their communities.

We value integrity. We believe that, as law enforcement leaders, we are accountable for the manner in which we perform our professional duties.

We value leadership. We believe that we offer an informed voice on statewide issues impacting the law enforcement community.

We value participation. We believe that the strength of our organization is based upon participation and contribution of each of our members towards achieving common goals.

285 +,6725< Though initially conceived in 1894, it was not until 1914 that the Pennsylvania Chiefs of Police Association as we know it today took root. The first Association consisted of ten members, ten chiefs of police encompassing all corners of the www.pachiefs.org

Commonwealth. From those simple beginnings, the PCPA has grown to over 1,200 members serving police and police interests.

285 675(1*7+6 We will build on our identified organizational strengths to further expand our membership, our services, our visibility, our outreach, and our recruitment of new members. s 7E HAVE A GEOGRAPHICALLY DIVERSE GROUP OF OVER POLICE executives with a wealth of expertise and experiences. s 7E PROVIDE 0ENNSYLVANIA S LAW ENFORCEMENT COMMUNITY with a unique venue for peer-to-peer networking and support. s 7E HAVE DEVELOPED AND OVERSEE A VARIETY OF PROGRAMS AND services that support and enhance the professionalization of law enforcement within the Commonwealth, including the Pennsylvania Law Enforcement Accreditation Program. s 7E PROVIDE MUNICIPALITIES WITH A VARIETY OF WRITTEN ENTRY level and promotional exams developed by Stanard & Associates, a nation-wide leader in public safety assessment and selection. s 7E OFFER A -ODEL 0OLICY -ANUAL CONTAINING MORE THAN thirty-five policies on the effective management of today’s police departments.

285 &+$//(1*(6 We have identified the following significant challenges over the next five years: s &UND $EVELOPMENT n #ULTIVATE NEW AND ONGOING FUNDING sources to support our programs and services.

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:(/&20( 72 285 1(:(67 $&&5(',7(' $*(1&<

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Northampton County Sheriff â&#x20AC;&#x2122;s Northampton County Sheriff Randall P. Miller

Plymouth Township, Montgomery County Chief Joseph F. Lawrence Lower Paxton Township, Dauphin County Director David J. Johnson Forks Township, Northampton County Chief Gregory F. Dorney

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The 99th Annual Education & Training Conference will be held on July 88-12, 2012 at the Radisson Penn-Harris Hill, Pe Pennsylvania! sson Penn Harris Hotel and Conference Center in Camp Hill A registration form will be printed in the next magazine and posted on our website after January 2012.

Be sure to watch for more updates, the training schedule and full registration information to come!

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3HQQV\OYDQLD /DZ (QIRUFHPHQW *LYHV %DFN Thanks to Law Enforcement Officers throughout Pennsylvania and their support for the 2011 Special Olympics Law Enforcement Torch Run, our state raised over $720,000 in the fiscal year 2010-2011! PA received 3 different awards at the recently held International Torch Run conference in Calgary, Alberta, in recognition of our tremendous growth.

4HE %MERALD + !WARD s 4HE 3ECOND ,ARGEST 0ERCENTAGE 'ROWTH s 4HE &IFTH ,ARGEST )NCREASE IN 'ROWTH 2EVENUE Congratulations to all of the Pennsylvania law enforcement participants in this year’s Special Olympics Torch Run! 6&$11,1* 7+( )8785( 3&3$·6 675$7(*,& 3/$1 X&217,18(' )520 3$*(

s %DUCATION AND 4RAINING n $EVELOP AND PROMOTE QUALITY training, including professional and executive development courses. s 4ECHNOLOGY n %XPAND THE USE OF TECHNOLOGY TO PROVIDE MORE cost effective training, communications, and enable other association services. s -EMBERSHIP $EVELOPMENT n %XPLORE WAYS TO RETAIN AND expand membership by ensuring that programs are meeting the members’ needs.

285 *2$/6 675$7(*,(6 Goal 1 – Strategic Partnerships 1. Maintain relationships with current partners and cultivate new partnerships within and outside of law enforcement.

Goal 2 – Sustainability 1. Sustain existing grant programs and pursue new grant sources and opportunities.

2. Identify and seek additional revenue opportunities.

3. Maintain best practices in fiscal management and accountability.

4. Increase corporate and vendor awareness and opportunities for sponsorship.

5. Explore the benefits of creating an entity to receive tax deductible contributions. www.pachiefs.org

Goal 3 – Organizational Structure 1. Increase membership and participation.

2. Review and recommend changes to the Bylaws as they pertain to membership classification and regional structure and function.

3. Evaluate staffing and operations to best provide member programs and services.

Goal 4 – Communication & Outreach 1. Improve utilization of PCPA’s website and other technologies.

2. Continue and expand communications with the membership.

3. Explore marketing opportunities to promote PCPA’s mission & goals.

4. Continue to advocate for issues to advance PCPA’s mission.

Goal 5 – Programs & Services 1. Evaluate and provide any necessary enhancements to existing programs and services.

2. Provide command-level leadership courses.

3. Explore voluntary certification of law enforcement executives.

4. Provide additional training, support, and mentoring for new police executives.

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REAL-TIME INFORMATION: A First Responder’s first line of defense In Pittsburgh PA, 2009, three officers are dispatched to what they think is a routine domestic dispute call. When they arrive on the scene and approach the residence, shots are fired from within. The officers quickly take cover as the shots continue. What the officers need now is information: Who lives here? Do the residents have a documented history of violent behavior? Are there any registered weapons on file for the residents? Have there been incidents like this in the past at this address? And the list goes on and on.

While the officers wait for answers to their missioncritical questions to come back from their dispatch center, a male exits the house and opens fire, killing two of the officers and critically wounding the third.

Tragic events, like the ones in the true, real-life scenario above, happen every day as police officers, investigators, sheriff ’s deputies, and all types of law enforcement field agents protect our communities and our families Page

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from threats both here and abroad. Many times, it is the information the officers didn’t have that could have potentially saved their lives, or at least given them the chance to evaluate the situation and prepare for it, and the suspects involved in it, accordingly. So, while it is certainly true that the first responders above needed the information after the situation became emergent, it is even more true that they REALLY needed it before the situation escalated at all.

We live in a mobile era of cell phones, text messaging, instant messaging, and email. Information is only ever one search away on a computer, MDC, Smart Phone, or other handheld device, so the question becomes, why didn’t the First Responders dispatched to this domestic dispute call illustrated above have this mission-critical and potentially life-saving information at their finger tips? While many answers exist, perhaps the most important one is that many dispatch centers lack both the infrastructure and

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Too often, in order to find actionable information on a the software to make this real-time transmission of critical person/situation, both First Responders and dispatchers data and information a reality. Emergency responders need are forced to perform many different searches for the same access to mission-critical data the second a call comes in DATA n ONE FOR EACH DATABASE 2-3 #!$ SYSTEM OR STATE so that when they dispatch any officer on a call, they arm federal database that may contain the one vital piece of him/her with the most up-to-date information available, information that could be the difference between a calm across all agencies, databases and/or RMS/CAD systems encounter and the critical situation recounted above. The in the region, whether it be a county, city, state, or even sheer number of potential places to search many times nationwide. It is first and foremost the integrity, quality leads to dispatchers or First Responders not being able to and â&#x20AC;&#x2DC;up-to-the-secondâ&#x20AC;&#x2122; nature of the data and information search everywhere they (including pictures) that need to, in the interest the emergency dispatchers THE SHEER NUMBER OF POTENTIAL PLACES TO of time. This leads to have at their finger tips SEARCH MANY TIMES LEADS TO DISPATCHERS OR a higher likelihood that that becomes vital.

FIRST RESPONDERS NOT BEING ABLE TO SEARCH critical information will Records management be missed. That is why systems across the country EVERYWHERE THEY NEED TO, IN THE INTEREST dispatchers in PSAPs and are flooded with this type OF TIME. THIS LEADS TO A HIGHER LIKELIHOOD First Responders on the of mission-critical data, THAT CRITICAL INFORMATION WILL BE MISSED. street need informationbut many Public Safety THAT IS WHY DISPATCHERS IN PSAPS AND FIRST sharing software systems Answering Points (PSAPs) that provide instant lack the tools necessary RESPONDERS ON THE STREET NEED INFORMATIONsearch access to all to take that data, from SHARING SOFTWARE SYSTEMS THAT PROVIDE relevant data sources with disparate RMS databases INSTANT SEARCH ACCESS TO ALL RELEVANT DATA only one simple search. and other foreign query Not one search per engines like NCIC, and SOURCES WITH ONLY ONE SIMPLE SEARCH. data source; ONE total turn it into information search across all relevant sources in one integrated search that is meaningful, actionable, and delivered in realapp. CODY Systems, a Pennsylvania-based public safety time so that emergency dispatchers can provide the most software vendor and four-shield partner of the PCPA, current, up-to-the-second public-safety information to provides this service to law enforcement agents in regions our First Responders whenever and wherever they might (counties, states, etc.) across the country via its tactical need it . Or, perhaps even more important, to provide information-sharing search app, C.tac 5, which is built true real-time access to such cross-agency/cross-database on the steady and reliable C.O.B.R.A. platform. Having information with one simple search directly to First such instant, one-stop search access to an entire regionâ&#x20AC;&#x2122;s Responders in the field on their MDC, Smart Phone or RMS databases, federal sources, state sources, and any Tablet device, so they can do their own instant searching other relevant databases that CODYâ&#x20AC;&#x2122;s C.tac 5 provides on-site or en route in preparation for a field encounter drastically cuts down on information response time, which (e.g. traffic stop, domestic disturbance, warrant service, leads to more frequent use and ultimately a much higher narcotics raid, etc.). When a law enforcement agent or likelihood for the search to retrieve useful, potentially lifeother emergency personnel is dispatched to any type of saving information. incident, they deserve to be armed with up-to-the-second The safety of our First Responders when they are information they need to be as prepared as they can be for dispatched to any incident should remain on the forefront the situation they are about to enter. Having this realof our minds as they protect and serve. To fulfill this time, mission-critical information in an instant, whether vital mission of officer safety, both dispatchers and First it came from the emergency dispatcher or from their own Responders deserve software systems that deliver the best search on an MDC, can and will prove vital to ensuring WEAPON A FIRST RESPONDER CAN HAVE IN THE FIELD n ACTIONABLE

the safety of our field agents and the communities they are real-time information the moment the situation demands it. sworn to protect. www.pachiefs.org

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TECH MANDATES | Spoofing Contributed by: James A. Dill, Deputy Chief (retired) PA Office of Attorney General In Central PA, the mother of a female college student receives a phone call. Her Caller ID shows that the University Police are calling from the institution her daughter is attending. She immediately gets a lump in ther throat and butterfiles in her stomach. She answers quickly. A very calm and authoritative voice states “Mrs. Smith?” She responds affirmitavely. The man on the other end identifies himself as Officer Jones of the University Police. The officer then asks if Mrs. Smith has a daughter by the name of Jodie Smith who is currently a student at the university. Mrs. Smith says that she does and anxiously asks if there is anything wrong. The officer states that there is no reason to be alarmed and that there was just a mix-up with some of the students’ identification cards. He further asks if she would you mind verifying some information? The mother, a little wary, once again sees that it is the “University Police” on her Caller ID and can see no harm in answering a few questions. The officer asks if her daughter’s date of birth is July 16, 1994. Mrs. Smith answers affirmatively. The officer then asks her to provide the daughter’s Social Security number so that he can double check it with the Student ID Card. Mrs. Smith knows normally that wouldn’t be a good idea, but she was talking with the police so what harm could there be? She then provides her daughters SS#. Officer Jones advises Mrs. Smith that he has identified the problem and that a number was transposed in their records. Jodie wasn’t in any trouble and that everything is fine now. No reason to be concerned and no need to call back. He then politely thanks her and concludes the call.

Less than 30 days later Jodie Smith’s ID was stolen.

This was an actual incident at a local University in the midstate area. The names and some details were altered to protect the identity of the victims. When the police were called to investigate, Mrs. Smith’s phone company records indicated the University Police placed a call to her number on the date and time she stated.

In addition, police reviewed the Caller ID history from Mrs. Smith’s phone. It also confirmed her allegation and reflected that the call came from the University Police. Yet, further investigation determined that no phone company record existed showing the University Police placed a call to Mrs. Smith. The call was spoofed!

It is believed that the perpetrator used Facebook to identify the student including what university she attended and her DOB. The wrongdoer then used a campus phone directory to identify the university police phone number that was spoofed.

This case is just one example of how Caller ID Spoofing is contributing to a number of new crimes.

Another example was relayed to me recently by a Judge who was attending a class I was instructing. He advised that a woman had her ex-husband arrested for Harrassment by Communications. She showed the local police her phone records which reflected her exhusband had called her over 40 times between 1:00 and 4:00 AM. Page

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Although he proclaimed his innocence, he was arrested. After further investigation it was determined that the woman had called her own phone from another phone and used a “spoofing service” to change her Caller ID so that it appeared that the phone calls were made by her ex-husband. Ahh, hell has no fury….

So exactly what is “Spoofing”? In an earlier article, I wrote about how Called ID works and briefly discussed “Caller ID Spoofing”.

However, it is time to a look at it in a little more detail. Simply put, Caller ID spoofing is the ability to alter your Caller ID to any number desired.

It is a very inexpensive service that started years ago. One of the first commercial services, Star38.com, was started in September 2004 and was used heavily by bill collectors. Since bill collectors would often have their calls ignored when the called party saw their Caller ID, they utilized the services of Star38 to make their Caller ID appear as if a neighbor or relative was calling. It was very effective.

Since that time Spoofing sites have become prolific. These are dozens of websites dedicated to spoofing and there are free smartphone and Facebook apps advertising that you can change your Caller ID to “fool your friends” or “check if your boyfriend is cheating on you” for less than 10 cents a minute. However it doesn’t stop with Caller ID spoofing. There are websites touting that you can spoof text messages and emails. I have personally tested a number of these services and I can tell you that some are very effective.

So how does it work? A third party is actually placing the call and inserting the Caller ID the user wants displayed. Simply open an account and purchase minutes from one of the many services on the Internet and then: 1. Call the access number provided (this is the phone number of the 3rd party that will actually be placing the call).

2. Enter your PIN number (provided when you purchase minutes).

3. Enter the number you want to call.

4. Enter the Caller ID number you want displayed.

5. The call is then placed to the party indicated and the fake caller ID is displayed.

From a technical standpoint it works like this. Most spoofing services utilize another telecommunication service called Voice over IP or VoIP to place the call. When making a call using certain VoIP services the call is placed using your Internet Service Provider (ISP) instead of the phone company thereby avoiding the first phone company switch where Caller ID is normally added. This gives the Spoofing Service the ability to add whatever Caller ID their client desires. Once the call leaves the Internet and enters the Public Switched Telephone Network, the fake Caller ID is already in place and even the phone company records reflect the spoofed information.

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This is a very simplified explanation.

So if your department suspects spoofing was utilized to perpetrate a crime how do you investigate the case? If you search the phone records of the party who was called, those records will reflect the spoofed number so that won’t be of any help.

I recommend starting with the party whose number was spoofed.

Get their consent and get a copy of their Call Detail Records (CDRs) or billing records from the phone company. Check the date and time and determine if a call was placed to the party called from that number. If there is no indication in the phone company records, you probably have eliminated that person as the perpetrator and can be reasonably confident that the caller ID was spoofed. In the sample cited regarding the ex-husband charged with Harrassment by Communications, the police did exactly that.

They pulled his CDRs from Verizon Wireless and determine the call did not come from his number.

Now that it is determined the call was not placed from that number, let’s look at what information we do know. The following can all be established with reasonable certainty: 1. The date of the call 2. The time of the call 3. The number the call was placed to.

4. The number that was spoofed.

Next we contact the major spoofing companies and ask them if a call utilizing their service was placed on that particular date, at approximately that time, to the called party with the spoofed Caller ID. Most spoofing companies want to cooperate with the police but won’t provide you with specific information without some sort of legal process (subpoena, search warrant, or court order), but they may tell you either “no” or “send a legal process”. Once you have identified the spoofing company, in many cases you can obtain www.pachiefs.org

the identity of the person who subscribed to the service, the actual telephone number that placed the call, and credit card information if it was used to pay for the service. However, please keep in mind, a person can do a number of things to mask their identity when utilizing a spoofing service. These include using prepaid credit cards, using a computer to place the call and masking the IP address of that computer by means of a proxy server. Therefore identifying the offender isn’t fullproof.

What are some of the major spoofing companies? Below is a list of a few and will provide a starting point for your investigations: s 3POOFCARD

www.spoofcard.com s 3POOFEM

www.spoofem.com s 3POOFTEL

www.spooftel.com s 0HONE 'ANGSTER www.phonegangster.com s 4ELESPOOF

www.telespoof.com s "LUFF -Y #ALL www.bluffmycall.com s #ALLER )$ &AKER www.calleridfaker.com s )TELLAS

www.itellas.com Anyone interested in learning more about spoofing or other technology threats can attend a free training at the Northeast Counterdrug Training Center located at Fort Indiantown Gap. A course entitled Technologies Against Police is being offered February 14th & 15th 2012. Registration can be accessed at www. counterdrug.org.

(Jim Dill is a retired deputy chief from the PA Office of Attorney General. He spent the majority of his career dealing with investigative technologies. He is now an investigative technology consultant and trainer with Alutiiq International and ITIS, LLC. More information regarding courses he instructs can be obtained at www.itis-llc.com or http://www.counterdrug.org. If you have a question, comment, or an idea for an article he can be contacted at: jdill@itis-llc.com).

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3$ 9,578$/ 75$,1,1* 1(7:25. 21 6&+('8/( 72 /$81&+ will be a separate registration and invoicing process for police departments to enroll officers in the MIST courses. The fee for each course will be $14.85 per officer. All registrations for MIST courses available on the PAVTN, must be made by the Department’s Chief or designated training officer. Details regarding the MIST enrollment process will be made available as soon as possible.

For additional information, please contact Headquarters at pcpaheadquarters@pachiefs.org.

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The PA Virtual Training Network (www.pavtn.net) is on schedule to launch on January 3, 2012. All PCPA Members and officers pre-registered through PCPA will receive an email containing their user name and temporary password which will permit access to the PAVTN. (Please watch for an email from cjbraun@pachiefs.org. many agencies have email filters that will cause this email to go to spam if www.pachiefs.org is not marked as ‘safe’ in advance.) If you have not yet registered your officers, please contact PCPA for a pre-registration form or visit www.pachiefs.org/PAVTN to download the form.

Two free courses, Investigating Strangulation and Responding To A Domestic Violence Call will be immediately available (see below for more information on these courses).

Additional free courses: Fingerprint Compliance; Investigating Sexual Assault Cases; DUI Crackdowns and Prevention; Media and Social Media; Using PA SAVIN for Investigations; and Using the Commonwealth Facial Recognition System for Criminal Investigators are currently in production and will be available soon.

In the first quarter of 2012, two MPOETC Mandatory Inservice Training Courses (MIST), Legal Updates and Search and Seizure will be made available on the PAVTN. There Page

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According to an analysis of 2008 Homicide data, Pennsylvania ranked number five in the nation of women murdered in single victim, single offender incidents**.

Learn how law enforcement officers can play a crucial role in helping victims, apprehending abusers, stopping the violence, and saving lives. **”When Men Murder Women: An Analysis of 2008 Homicide Data,” by the Violence Policy Center (September 2010) ,19(67,*$7,1* 675$1*8/$7,21

Recent studies have shown that almost half of all domestic violence homicide victims had experienced at least one episode of attempted strangulation prior to a lethal or near lethal violent incident.

This course will enhance your response to calls involving strangulation by explaining the dangers of strangulation, indentifying the various signs and symptoms of strangulation and identifying and implementing actions to help strangulation victims.

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LEVERAGING THE POWER OF LEJIS

by Anthony (Tony) J. Iannacone, Founder and President of Metro Technology Services, Inc.

Law enforcement agencies have made tremendous strides in automating their processes through the use of technology over the last decade. Software solutions, such as Record Management Systems (RMS), are extremely powerful tools to help officers to “connect the dots” between seemingly unrelated pieces of data, and also prepare mandated reports that meet state and local requirements.

However, challenges arise when an incident involves an individual from another jurisdiction; for example, an investigator needs to gather all of the information related to this individual from other regional agencies.

Typically, sharing this data would be done through phone calls, emails and faxes; but as we know, this can be time consuming and make it difficult to link specific details together. $/21* &20(6 /(-,6

To enable regional information sharing, the Commonwealth’s Law Enforcement Justice Information System (LEJIS) was developed under the guidance of the Southeast Pennsylvania Regional Counter Terrorism Task Force. Running on JNET, the state Justice Network’s secure communications infrastructure, this groundbreaking statewide system has become a national model for information sharing that is transforming the way that agencies share records.

Essentially, LEJIS is an efficient way to search records for a person, place or thing. It delivers an “electronic index card” with basic information and the source agency from which users can request more information. It is not a data silo warehousing records, but rather an indexing system that users query to get instant results.

LEJIS enables participating police departments to share data from their record management systems. However, it does not actually store full police reports or photos, or provide regional crime mapping, regional crime analysis, or advanced data interrogation capabilities. And, this is for a good reason. www.pachiefs.org

That information needs to be fully protected by the source agency. They need to determine which information to share (or withhold) within their own unique RMS environment according to their own policies. /(9(5$*,1* /(-,6

This is where Metro Technology’s ALERT® Server comes into play and takes the powerful capabilities of LEJIS to a whole new level. Together, ALERT Server and LEJIS offer law enforcement organizations four key capabilities. First, ALERT Server optimizes LEJIS by allowing participants to go from the “index card” to the full police report, including photos and other images. Second, it permits regional participant crime mapping by adding geocoding to location data listed in LEJIS. Third, ALERT Server empowers participants to conduct sophisticated crime analysis with advanced CompSTAT tools. And, fourth, it enables compound data interrogation for searching on multiple criteria, greatly enhancing the value of LEJIS for investigators.

When developing ALERT Server, Metro Technology kept three key factors in mind that are extremely important to police, investigators and other staff: access to relevant information from other law enforcement agencies, total control over what information is shared, and tight security for their own data and a secure network for sharing data useful to others.

Unlike other information sharing solutions that pull data from a department’s RMS database by modifying the RMS schema, the ALERT Server, like LEJIS, puts the total control over information sharing in the hands of the department, requiring departments to push only the data they want to share.

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system breakdown every time there is a change or update to Pulling data has inherent problems. First, it requires the the system. system to reach behind the department’s firewall, bypassing Safe, secure data interchange models require all vendors to the parameters and controls that the department depends on follow government standards for sharing data. This is the way its RMS to protect. It reduces relevance by including reams !,%24 3ERVER n USING THE ,%*)3 STANDARD FOR INFORMATION of data that are insignificant to other departments. It also SHARING n OFFERS FULL INTEROPERABILITY WITH EVERY 2-3 reduces control by collecting data that should never leave the employing this standard. department. Additionally, pulling data reduces security by Not only must the proper steps be taken with all relevant giving away high level access privileges to the department’s organizations, stringent database and increases work internal processes need to by requiring departments to be developed as well. An manage data in a silo. Lastly, efficient police department since any updates to the can easily establish policies RMS database schema will so that some police report interfere with operations, information is shared the long-term sustainability instantly while other police of the information sharing reports data is delayed for environment is questionable. privacy, control or security Pushing data is much more reasons. Some data should beneficial for all participants. not be shared at all. This is a LEJIS and ALERT Server function of the department’s make individual agencies RMS and it places complete responsible for pushing control over the police out sharable data. This reports in the hands of that approach ensures relevance department. by letting groups decide for Going a bit further, this themselves what categories INFORMATION SHARING IN A COUNTY, TASK means that information to be of data they want to share.

FORCE OR GROUP IS A COOPERATIVE VENTURE shared must adhere strictly It also guarantees control to local policy for review by making individual AMONG PARTICIPATING ORGANIZATIONS and approval, for internal departments responsible AND CAN PROVE VALUABLE FOR ALL PARTIES departmental reporting for sharing or withholding oversight policy and internal reports, as well as ensures INVOLVED. TYPICALLY, THE PARTICIPANTS procedures for the public security by maintaining INCLUDE NOT ONLY LAW ENFORCEMENT release of information. privacy, integrity, stability, AGENCIES, BUT THEIR RMS VENDORS. Many departments have and administrative access strict policies about limiting control over the department’s who within the department can access particular information. database in a single location.

All of these access and security rules must be followed when sending information along to be shared with others. Needless 3523(5 3/$11,1* to say, all state and federal laws regarding the dissemination of Information sharing in a county, task force or group is a information must be strictly followed as well. cooperative venture among participating organizations and can prove valuable for all parties involved. Typically, the participants include not only law enforcement agencies, but 7$33,1* 7+( *(1,86 2) /(-,6 their RMS vendors. For sharing to be sustainable, all must be Advanced information sharing can be an incredible tool for cooperating partners in the process. law enforcement agencies. By tapping the genius of LEJIS and The incongruities among record management systems must providing better data sharing among agencies, ALERT Server be resolved in advance, through full cooperation by all. Any can help increase officer and public safety, improve decisionshortcut is likely to involve accessing or modifying another making abilities at the local levels, and reduce, and even ORGANIZATION S SERVER SOFTWARE OR DATABASE n A PRACTICE THAT RISKS eliminate, redundancy, inaccuracy and inefficiency.

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1+76$ 1(:6 )25 /$: (1)25&(0(17

The No Refusal program is an enforcement strategy that allows jurisdictions to obtain search warrants for blood samples from suspected impaired drivers who refuse breath tests. Many jurisdictions allow officers to request warrants via phone from on-call judges or magistrates. This enables law enforcement to legally acquire a proper blood sample from drivers who refuse to give a breath sample.

During these specified enforcement efforts, prosecutors and judges make themselves available to streamline the warrant acquisition process and help build solid cases that can lead to impaired driving convictions.

The No Refusal program should also be highly publicized to let the public know that their chances of being caught, arrested, and convicted increase during these efforts.

To access the No Refusal program and specified marketing tools for your police department to use in their efforts to keep the roads safe, please visit NHTSA.gov or TrafficSafetyMarketing.gov for free materials and resources.

/,9(6&$1 83'$7( Beginning April 15, 2012, the FBI will no longer accept hard-copy fingerprint cards or hard-copy biometrics such as palm prints. The FBI is aware some agencies will need an alternate method to submit hard-copy fingerprints after that date. Local police departments who donâ&#x20AC;&#x2122;t have a livescan or livescan booking center will need to either acquire this electronic booking equipment, or use the nearest booking center that has the livescan fingerprint equipment. For further information about electronic booking equipment, please contact:

Jerry Miller Pennsylvania Chiefs of Police Association Offender Identification Technology Coordinator jmiller@pachiefs.org 717-236-1059 www.pachiefs.org

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OPEN CARRY IN PENNSYLVANIA - A GUIDANCE DOCUMENT FOR LOCAL LAW ENFORCEMENT Prepared by Peter Erndwein (Delaware Valley Insurance Trust) & Christopher Boyle, Esq. (Marshall, Dennehey, Warner, Coleman & Goggin)

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â&#x20AC;&#x153;Open Carryâ&#x20AC;? is a term referring to the right of law abiding citizens 18 or older to display their firearm in public spaces without the need for a permit. The legal basis for this right can be found in the 2nd Amendment of the US Constitution.

This federal right has been further defined by the Pennsylvania Uniform Firearms Act of 1995 which places restrictions on firearms owned by citizens of the Commonwealth. :+$7 :($3216 $5( (/,*,%/( )25 23(1 &$55<"

§ 6102. Definitions. â&#x20AC;Śâ&#x20AC;?Firearm.â&#x20AC;? --Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable. § 6106.1. Carrying loaded weapons other than firearms. (a) General rule. --Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106. (b) Penalty. --A person who violates the provisions of this section commits a summary offense. :+(1 ,6 23(1 &$55< 352+,%,7(' %< /$:"

Open carry by law-abiding citizens is prohibited under the following circumstances: s 7ITHIN THE CITY LIMITS OF 0HILADELPHIA s )N ANY SCHOOL s )N ANY COURTHOUSE s )N ANY FEDERAL FACILITY s )N ANY STATE PARK s )N ANY ADULT AND JUVENILE DETENTION FACILITIES Page

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s )N A MOTOR VEHICLE CAR TRUCK BOAT AIRPLANE s 7HETHER WORN BY THE DRIVER OR THE PASSENGER OPENLY displayed firearms must be removed prior to entering any vehicle and stored unloaded in the trunk of the vehicle). s )N A PRIVATE BUSINESS WHERE THAT PRIVATE BUSINESS FORBIDS IT Note: Prohibition of Open Carry must be communicated by the establishment verbally or via posted signage, before an individual may be considered a defiant tresspasser.

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Entities exempt from the firearm licensing requirements can be found in 18 Pa. C.S. § 6106(2)(b) and are summarized below: 1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

2) Members of the army, navy or marine corps of the United States or of the National Guard or organized reserves when on duty.

3) The regularly enrolled members of any organization duly organized to purchase or receive such weapons from the United States or from this Commonwealth.

4) Any persons engaged in target shooting with rifle, pistol, or revolver, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.

5) Officers or employees of the United States duly authorized to carry a concealed firearm.

6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties. (Individuals carrying a firearm as an incidence of their employment are required to be certified through the Lethal Weapons Training Act requirements set forth in 22 P.S. § 44(b).

7) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase

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PA CHIEFS OF POLICE ASSOCIATION %8//(7,1

to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police) or to a place of instruction intended to teach the safe handling, use or maintenance of firearms, or back to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief ) or back upon return of the relinquished firearm or to a licensed dealerâ&#x20AC;&#x2122;s place of business for relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

10) Persons training dogs, if such persons are actually training dogs during the regular training season.

11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the personâ&#x20AC;&#x2122;s name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.

14) A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C. § 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).

15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided: (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109. (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth. www.pachiefs.org

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s 2EGARDLESS OF YOUR OPINION ON OPEN CARRY RECOGNIZE THAT IT IS a constitutional citizen right. s ,AW ENFORCEMENT OFFICERS REMAIN PERMITTED TO ENGAGE IN A mere encounter with someone who is open carrying. If they choose not to speak to you, and you have no articulatable reasonable suspicion of a crime, you do not have a reason to detain them further. Give them a nod and wish them a good day. s 2ECOGNIZE THAT THE OPEN CARRIER MAY BE AN ACTIVIST LOOKING TO entrap you into a constitutional confrontation. Donâ&#x20AC;&#x2122;t take the bait! Keep your views on open carry to yourself. Otherwise, you are inviting an escalation, and doing so unnecessarily. On the other side of the coin, beyond the decorum associated and expected of a professional police officer, you are not obligated to listen to a speech from an open carry advocate, or to answer a pre-planned series of questions on your understanding of the law. Again, absent any aggravating circumstances (e.g., terroristic threats, being spit upon, being pushed, etc.) give them a nod and wish them a good day. s )F YOU ARE CALLED TO A BUSINESS ESTABLISHMENT ABOUT A PATRON who is open carrying, inquire first as to whether their policy is to not allow firearms inside. If there is no policy, no action is required on your part. If there is a policy, make sure you identify the manager or owner who said so (it does NOT have to be a written policy), and ask if they have informed the patron. If they have not, you can feel free to be the one to do so. Again, absent some reasonable suspicion of a crime, your job will be to tell the patron that the store prohibits firearms, and they will have to leave. If they refuse to do so, it becomes a defiant trespass offense. Even so, a fair amount of common sense and discretion on your part will be expected. $5( 7+(5( $1< 27+(5 &216,'(5$7,216 :,7+ 5(63(&7 72 23(1 &$55<"

s 4HE LEGAL OPEN CARRYING OF A FIREARM IS ./4

BY ITSELF A terroristic threat. s 4HE CASE LAW IN 0ENNSYLVANIA DOES NOT SUPPORT DRAWING your weapon on someone who is open carrying if they are not committing other offenses. s #ARRYING A CONCEALED FIREARM STILL REQUIRES A PERMIT .OTE Claiming that their shirt blew over their weapon making it momentarily concealed is not in and of itself probable cause to affect an arrest. s #ARRYING A FIREARM IN A VEHICLE REQUIRES A PERMIT NO MATTER where you are, subject to the exceptions mentioned earlier (to and from the range, unloaded; etc.). s 'REAT DEFERENCE SHOULD ALWAYS BE GIVEN TO THE MEN and women who serve in the military. However, a military

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MEMBERSHIP PRODUCTS

#!2 %-",%-3 s ,)#%.3% 0,!4%3 s 342!7 (!43 s 0%.3 s +.)6%3 s #!43 -%/73 -).)!452% 0/,)#% #!23 s "!3%"!,, #!03 s "!'3 !.$ 4/4%3 s -/.%9 #,)03 PLUS MANY MORE ITEMS FOR SALE AT WWW.PACHIEFS.ORG

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exception for firearms only applies while carried as part of their military duties. s /PEN CARRYING IN AN ESTABLISHMENT THAT SELLS ALCOHOL IS NOT

in and of itself, a violation of the law. s 2EMEMBER DISORDERLY CONDUCT IS NOT YOUR FRIEND #HARGING DC because an open carrier refuses to engage in a discussion of the 2nd Amendment with you is a lawsuit waiting to happen. $1< *22' :(%6,7(6 :+(5( , &$1 *(7 025( ,1)250$7,21 21 23(1 &$55<"

There is some good information on open carry, including copies of relevant sections of the law, at www.paopencarry.org.

The site’s author, however, is not 100% accurate on the law.

Specifically, the Ortiz case says that state law takes precedence over local law on open carry, and should not be read as any more expansive than that. Similarly, the Hawkins case says that an anonymous description alone is not sufficient reasonable

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suspicion for a Terry stop, not that open carry is ok. Despite these exceptions, the site provides some good information for LEO’s and non-LEO’s alike. :+20 6+28/' , 7$/. 72 ,) , +$9( $'',7,21$/ 48(67,21 5(*$5',1* 23(1 &$55<"

Contact the District Attorney, your Solicitor, or other legal counsel.

Peter Erndwein is Director of Risk Control for the Delaware Valley Insurance Trusts. He can be reached at 267-781-0612 or perndwein@dvit.com. Membership information on the Trusts can be found at www.DVIT.com.

Christopher Boyle is an Attorney at Marshall, Dennehey, Warner, Coleman & Goggin and a retired Philadelphia Police Lieutenant.

He is a frequent writer and lecturer on law enforcement topics, and panel counsel for DVIT. He can be reached at 610-354-8476, cpboyle@mdwcg.com

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Application Type:

Pennsylvania Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 Tel: 717-236-1059 Fax: 717-236-0226 www.pachiefs.org

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Active Membership $125 per year plus $50 Initiation Fee ($175 to accompany application)

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Affiliate Membership $125 per year plus $50 initiation Fee ($175 to accompany application)

APPLICANT INFORMATION

RECOMMENDING MEMBER

Name _______________________________________________

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.

Rank ___________________________ Date of Appt _________ Full Name of Employer _________________________________ Office Address ________________________________________ ____________________________________________________ County _____________________ Phone ___________________ Fax ___________________ Email ________________________

Recommending Member Name and Title: ________________________________________ Department Name and Phone Number: _______________________________________ APPLICANT DEPARTMENT INFORMATION Provide the number of sworn police officers in your department

Full time ___________ Part time __________ Are you a sworn police officer?

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Full Time Police Officer in Above Department?

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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: ____________________________________________________

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.

MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 &Žƌ ŽĨĨŝĐĞ ƵƐĞ͗ Check Amount & No. ______________ Date ________