Archives for March 2011

“Fat slob” Comment and Arrest Leads to Lawsuit

On March 24, 2011, the United States Court of Appeals, 6th Circuit, ruled on a First and Fourth Amendment case in Kentucky that illustrates how a verbal confrontation between a citizen and police officer can have great legal ramifications.

In Kennedy v. City of Villa Hills, KY, Kenneth O. Kennedy responded in May of 2005 to the local building department to complain about zoning for a strip mall expanding near his home. Kennedy attempted to meet with Building Inspector Joseph Schutzman, who was also a Villa Hills, KY police officer.

Schutzman declined to meet with Kennedy and Schutzman left the city building. Kennedy complained in a loud voice to three city workers inside that, “that son of a bitch (Schutzman) broke all the zoning laws!” Schutzman re-entered the building and asked Kennedy several times what he had said. Kennedy called Schutzman a “fat slob.” Schutzman arrested Kennedy for disorderly conduct. The building was not at the time open for public business.

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Flying with Firearms: Part II

By Randall Leave a Comment

Note: This is the second part of a two-part series on flying with a firearm.

In Part I of Flying with a Firearm, we discussed preparing for a domestic airline flight with a firearm in checked luggage. I will now cover some of the things I learned when arriving at the airport.

First, you must go through the counter check-in procedure at your airline. You may not declare the firearm at curbside check-in. Once at the counter, tell the attendant that you are a police officer declaring an unloaded firearm to check in your luggage.

If you are traveling under your state’s CCF license or as a private citizen, I would tell them you are declaring a legal, unloaded firearm in your checked luggage. By first stating you are law enforcement, or otherwise legally checking in, it seems to keep the drama to a minimum.

This is where things get interesting. Some airlines will ask to see the unloaded weapon and inspect the packaging of the gun and ammunition, per Transportation Security Administration (TSA) regulations. This is to be expected, in fact, appreciated.

At some airports and some airlines, I have found that they do not ask to see the condition of the gun or the ammo. As a passenger, I find this disconcerting. It seems each airport and carrier have different procedures, so go with the flow.

At all airlines you will be asked to sign a card declaring the unloaded firearm. This card will be placed inside the bag, usually on top of the gun case. This is all the paperwork you do. You are now allowed to secure the bag.

Your firearm container must not be secured with a TSA, or airport universal, lock. Your luggage, however, must have a TSA accessible lock or be unlocked. Since you are not sending a gun through in unlocked bag, buy a TSA padlock for your luggage.

Most airports have a special airline attendant or TSA representative to walk you and your bag to TSA screening. They will place your luggage in a screening machine while you are there. Once it is examined, you are free to head to the airside. Done!

In at least two cases, I was told the TSA luggage screening was on the other side of the airport and I would be contacted at the gate if there were a problem. My bag was then either dropped on the conveyer with the rest of the luggage or carried away.

When you declare your firearm, other passengers in the vicinity of the counter may observe what is going on. These are the same passengers who will disembark at your destination airport and head for baggage claim when you do.

When the airplane lands, I head for baggage claim with all possible haste. I want to be there when the first piece of luggage slides on to the carousel and retrieve my bag before someone else does.

The reality is that my bag, whether it has a gun or not, is as likely to be lost by the airline as anyone else’s bag. Because of this I would not travel with my platinum encrusted, finely engraved, super rare, and very expensive barbeque gun. If I had one.

At Reagan International, my fellow officer’s suitcase did not appear on the carousel with the other passengers’ luggage from our flight. He was…concerned. After a half hour, we found it standing at attention with the other regularly misplaced bags.

You have attended your conference or enjoyed the wonders of the local theme park. For your flight out, you are now headed back to a possibly unfamiliar airport, where firearms travel is concerned. Prepare for all the steps above, but remember that things are different on someone else’s turf.

I discovered at J.F.K. in New York that Port Authority Police are called whenever someone declares a firearm at the counter. If you are not traveling under LEOSA, or other NY recognized CCF situation, you are subject to arrest on the spot.

The Port Authority police officer that responded to my counter was very courteous once he had checked my credentials. He even offered to jump us up in the TSA security line.

The steps to airline travel with a firearm are straightforward. It is simple if you know and follow the regulations. Some people print out the TSA regulations, and those for their specific air carrier, and take them to the airline check-in counter.

Remember to be courteous and patient, even if the situation becomes difficult. Ask for a supervisor if needed.

At your trip destination, remember that you are responsible to abide by the local laws, aside from your rights granted by LEOSA or CCF reciprocity.

Safe travel.

Randall is a twenty-three year sworn police officer in a mid-sized Florida police department. He has been an FTO, Detective, K9 Handler, and SWAT Team Leader. He is currently a Midnight Shift Sergeant and SWAT Coordinator.

Department Report on Flashbang Death

By Randall 2 Comments

The Charlotte-Mecklenburg Police released a statement on March 16, 2011 in reference to the tragic death of Ofc. Fred Thornton on February 25,2011. Thornton was killed by a flashbang following a SWAT call.

The press release stated, “there are no reasons to believe or evidence to suggest the device safety features failed or that a malfunction caused the device to be activated.”

The distraction device was a Defense Technologies Def-Tec 25 FSDD.

During the night of the incident, Thornton, a twenty-three year SWAT veteran, was designated to throw a flashbang during the warrant service if needed. He did not throw the device, but had apparently pulled the pin in preparation.

The investigation revealed he partially re-inserted a pin to deactivate the device at the scene. “Reinsertion of a pin is not an authorized technique for attempting to render the non-reloadable Def-Tec25 FSDD stable,” the report stated.

Thornton was apparently trying to fully insert a pin to deactivate the device when it exploded in his garage, killing him.

According to Charlotte-Mecklenburg Police procedures, the flashbang should be expended by detonation if the pin is pulled. Re-insertion of a pin is not authorized, according to the department.

As I stated in the previous article, we must all use our SWAT gear with great care.

A War on Cops?

By Richard 2 Comments

Is there a war on cops right now? That is a question I have seen bouncing around the Internet between officers, and it is also a question that has come up in my conversations with other officers and trainers.

As I’m writing this, I just saw the news that two more police officers have been shot: one killed, one wounded. This time the incident happened in Georgia, but the incident is merely reflective of the headlines from across the nation. Here in my home state of Florida, we’ve had multiple police officers killed this year, including three at a neighboring agency.

According to the National Law Enforcement Officers Memorial Fund, there have been 49 officers killed so far in 2011. This is a 20% increase from the same time period in 2010, which was not a good year for us. A few things to consider:

overall deaths up 20% for same time period
deaths due to gunfire up 53%
deaths due to traffic incidents down 17%

Traffic accidents, typically one of the areas where we lose most of our officers is actually down by 17%! That means that the actual felonious assaults are up significantly, lending credence to the ‘war on cops’ idea.

If we keep the current pace, we will bury about 200 cops in the US this year. Excluding the September 11, 2001 attacks, the last time we lost 200 or more officers was in 1981…30 years ago.

The predators in society are becoming more bold. I could talk about the ills of society, breakdown of the family and lack of a responsive court system as factors leading to where we are today, but that doesn’t change anything. The fact is a lot of cops are getting killed and we need to stop that. Immediately.

One way that we can act immediately to stop this trend is to get back to the basics. Ever hear of the 10 Deadly Errors? A lot of the veteran cops know what I am talking about, but shockingly, a lot of the younger officers have never heard them. If you know them already, make sure you don’t commit them, and train the new guys to avoid them as well. Never heard of them? Click the link above and learn them now.

During the coming weeks, I’m going to cover a lot of officer safety topics. If you have a special tip or suggestion, send me an e-mail, and I’ll make sure I share it with everyone else.

Is there a “war on cops?” I don’t know. What I do know is we can reverse the trend.

Stay safe!

Deputy Dies from Infant CPR

By Randall 4 Comments

Orange County, FL Sheriff’s Deputy Sebastian Diana passed away on March 12, 2011 after a lengthy illness contracted while giving an infant CPR.

On February 27, 2006, Diana responded to a 911 call of an infant not breathing. At the scene, he administered CPR. During his attempt to save the child’s life, Diana came into contact with the child’s vomit. The three-month old boy did not survive.

As a result of his contact with the infant’s vomit, Diana contracted a bacterial infection. He suffered a long bout with an undisclosed illness, but the Orange County Sheriff’s Office reports the illness was caused during his attempt to save the child.

Diana, a 12 year veteran of OCSO, died from heart failure this week as a result of complications from his on-duty illness. His death is honored as a line-of-duty death and his family will receive his benefits.

Coincidently, Diana received his department’s Medal of Merit and Community Service Ribbon for saving an infant’s life performing CPR in 2007. It was reported he wore a protective mask in that incident.

Reports did not say if he used a mask in the 2006 call. Even if he had, there is a risk of contact with the other person’s bodily fluid when engaged in this kind of activity.

This is a good time to check the stocks of personal protective equipment in our cruisers.

Randy is a twenty-three year veteran officer of a mid-size Florida police department. He served as a SWAT team officer for 21 years, to include 12 years as a team leader. His other duties included police K9 handler, FTO, and detective. Currently serving as a midnight shift sergeant, he is also his department’s SWAT Coordinator.

Flying with Firearms: Part I

By Randall 4 Comments

I was traveling to Washington, D.C. with a fellow officer on a trip to the National Law Enforcement Officers Memorial. I had never flown with a firearm before. Unless you are on official business, law enforcement officers are not allowed to fly with a firearm in the passenger cabin.

My friend had flown with a handgun in checked luggage many times. All firearms must be checked in luggage. I had always thought flying with a gun would be a hassle. I decided to see how it really worked for domestic air travel.

The most important hurdle is doing your homework to package your gun and ammunition correctly, as defined by Transportation Security Administration (TSA) regulations and by the rules of the air carrier on which you are traveling.

The firearm must be unloaded in a lockable, hard-sided container. My first tip is that the plastic gun case your firearm came with may not be secure enough. The regulations prohibit cases that can be “pulled open with little effort.

Even if you are able to padlock the manufacturer’s gun case, many lack the rigidity to keep the ends from being pried apart far enough to liberate your gun. I recommend buying a metal case made specifically for securing a firearm.

Ammunition is the next issue to be addressed. Ammunition must be stored in cardboard, wood, or metal containers specifically designed to carry small amounts of ammunition. Ammunition cannot be stored in magazines or clips, unless they completely and securely enclose the ammunition (which they do not unless they have some sort of cap).

The ammo can be stored in the approved hard-side container with the firearm. I travel with the ammunition in small factory boxes that are placed inside my gun box. It is also permissible to place the ammunition in off-the-shelf ammunition cases like those used by handloaders to store ammo.

The next topic would be your luggage. The most secure luggage for any personal property is the hard-sided suitcase. Most travelers, however, use soft-sided luggage these days, and I admit I have traveled with a secured firearm in soft luggage.

There is a drawback to the standard hard-side suitcase. These are usually secured at the mounted latches by combination or specific keyed locks that are not readily accessible to TSA, which means they will break your bag open if necessary.

The firearms container I use has a handy cable lock that I weave in the soft-sided suitcase’s metal frame. It adds a bit more security, but if someone wants the whole bag, they’ll get it. On the plus side, nothing on the outside of your luggage will indicate there is a firearm inside, per ATF and TSA regulation.

Now you are enroute to the airport. I suggest giving yourself a bit more time than the average traveler because your interaction at the airline counter and TSA may add a short delay. By TSA regulation, you must declare you have a firearm in your checked luggage at airline check-in.

I have flown with a checked firearm in and out of international airports in New York, Washington D.C., Las Vegas, San Francisco, Los Angeles, and my home airport of Tampa. I have not encountered a problem. I’ll discuss what to expect at the airport in Part II.

K9 Needs Patrol

By Randall Leave a Comment

If your agency has patrol K9’s then you have probably worked with the dogs and handlers at some point. Deployment protocols vary among departments, and from differing geographic terrains. Tracking K9 units need help from their patrol counterparts.

A K9 team cannot track as fast as a suspect can run. Contrary to how it looks, the dog does not pull the handler along for the ride. The handler’s job during tracking is to read and guide his dog. This involves sometimes slowing the dog’s pace and assisting it over obstacles.

A fleeing suspect can usually run between a six and ten minute mile, assuming he’s not trying to bed down and hide. This pace will far exceed the speed of a dog team. Added to the equation is the time lapse of the call, or head start the bad guy has. Because of this, a K9 perimeter is essential for suspect containment.

An appropriately set K9 perimeter encircles the area of the suspect and K9 team with police cars in an attempt to keep the suspect inside. When the suspect sees the lights on the cruisers, it can cause him to go to ground to avoid detection. Conversely, a suspect crossing the lights of the police cars will give officers the opportunity to spot the perpetrator and either capture him outright or radio his or her location to the tracking K9 unit.

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Betsy Brantner Smith Interview – BlueSheepdog Podcast 016

By Richard 1 Comment

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Sgt. Betsy Branter Smith is my guest today on the BlueSheepdog Podcast. Betsy is a retired police sergeant and incredible officer survival trainer. She currently trains officers as part of the Street Survival Seminars and through Dave Smith & Associates. Betsy is also a columnist at PoliceOne.com.

If you are not familiar with the Street Survival Seminar, you need to get to one. If you have previously been, but it has been more than a couple of years, you need to go again. The Street Survival Seminar is a program training officers to deal with harrowing encounters, and not just survive, but win…to thrive and prosper in the face of adversity. When I first attended in 1998, it changed the way I viewed police work and made me a better officer.

We also talk about Betsy’s training with Dave Smith & Associates. These focused classes deal with a wide range of topics including specialized courses for female officers, off duty survival and leadership.

Links:

Betsy Brantner Smith Training Site
Dave Smith & Associates
Street Survival Seminar
PoliceOne.com
Entering 2011 in a ‘conspiracy of safety’ – Dave Smith
The ‘conspiracy of safety’ continues – Betsy Smith

Officer Killed by Friendly Fire

By Randall Leave a Comment

Yesterday, an officer-involved shooting in Nassau County, NY resulted in the death of one of the responding police officers. Officers shot a knife-wielding suspect, who charged them in the hallway of his house, killing him.

Just after the shooting, a plain-clothed officer entered the scene carrying a long gun. He was mistaken for a suspect and shot by one of the officers inside the house. The victim officer later died of his injuries at the hospital.

When police officers arrive to assist at the scene of a call, it is imperative that clear communications, either verbally or by radio, precede them. The officers on scene should be made aware of your approach.

I arrived at an officer-involved shooting several months ago. The robbery suspect was down in the driveway and officers were clearing the house. I responded to assist them. Before entering the front door, I announced, “LPD, coming in!” several times until I heard the acknowledgement, “Clear, one coming in!”

Stress cannot only hinder fine motor skills, but also “fine thinking skills.” During a hot call, officer safety considerations need to be broken down into simple concepts.

I do not know if the victim officer in Nassau announced his presence and intent at the incident, nor if he received a proper response. It is unfortunately evident that there was a communication breakdown. I am saddened by the loss of yet another fine officer this year.

If your officers do not have a standard verbal or radio procedure when entering a scene or during building search, put one into play. Some agencies use words like “Blue” or “Green” as familiar terms, as in “Green, green, green, coming in!” for a sheriff’s office.

Teamwork is one of the most important assets we have in law enforcement. It is the force multiplier for our Thin Blue Line. Clear communication is always necessary for good teamwork.

BlueSheepdog Podcast 015 – Training Thoughts

By Richard Leave a Comment

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Today’s podcast is aimed at trainers, FTO’s, administrators and cops with a future in these areas. Training time is a valuable resource so we must jealously protect it, offering only the best training for our officers. I identify four things to consider for any training.

Is the training:

realistic?
job related?
simple?
supported by management?

The wildcard in training is consistency of instruction from trainer to trainer.