10th Biennial Conference of the Georgia Fraternal Order of Police

Georgia FOP Conference PhotoI am proud to be in Columbus, Georgia with the Georgia Fraternal Order of Police this weekend! In addition to our lodge business, we will hear from seven or eight candidates for attorney general and governor! What a great opportunity for members to ask questions directly to the candidates. The candidates came to the FOP for input and support and we thank them for taking the time to meet with us.

We are also honored to have National FOP President Chuck Canterbury with us. I personally appreciate that he took the time to attend our conference. I am constantly inspired by his tireless efforts on behalf of the FOP members and his ability to lead and inspire others.

If you are an FOP member, I hope to see soon at a state or local event. If you are a LEO and you are not an FOP member, go to www.georgiafop.org or www.grandlodgefop.org and see what you are missing. 308,000 LEOs know that the FOP is a true fraternal order.

Tased … and confused!

I attended an instructor course put on by TASER® International at the end of 2008. This is part of my commitment to seek out training to stay current in high liability areas for LEOs. As I prepare to recertify, I thought it was appropriate to comment on the TASER® and the training.

First things first. I have been a trainer for about 28 years, and I have been training LEOs for about 20 years. This class was excellent. The materials were professional, master instructor Ron Kelly was excellent and the class was invaluable.

Second, the TASER® device was impressive. I know what you are thinking. “Yes,” I was exposed voluntarily and “No” people were not lining up to deploy the device on a lawyer! The device provided total neuromuscular incapacitation and created a reaction gap to allow law enforcement to effect the arrest.

Now for the confusion. As I went through the class, I thought of several physical confrontations that I experienced as a LEO. Each involved one suspect and several officers who were using appropriate techniques to effect the arrest while using the least amount of force necessary. I could not help thinking how the TASER® would have changed the equation. The suspect and the officers would have suffered fewer injuries and the risk of the officers being disarmed dropped to zero. The suspect is in control of any situation involving active resistance as he can stop fighting at any time. I am baffled that many folks in the media and some members of the public are vehemently anti-TASER®. The research shows the device is safe.

Bottom line: I’m in favor of any technique or device that rapidly ends the active resistance of a suspect and drastically reduces the risk of injury to the suspect and the officer. This is consistent with the constitutional requirement that officers must use the least amount of force necessary to effect an arrest.

A note about my voluntary exposure to the TASER® device. I was unable to move at all during the deployment. After the deployment, I got up and finished my lunch. Although several people have asked me to send them a copy of the video that documents my exposure, I have and continue to decline to send it. I have total faith that my law enforcement brothers and sisters will immediately post the video on the internet. Forgive my modesty, but that is not my idea of marketing!

Stay safe.

Seattle Police Officer Video: Everyone is an expert

I have been asked to comment on the recent video of Seattle Police Officer Ian P. Walsh who was attacked in the midst of attempting to effect an arrest on an actively resisting female suspect.

Here is a portion of the email I sent to Bill O’Reilly:

If the Seattle officer had a lawful reason to contact the first woman (black open top), then he acted appropriately. She was actively resisting his lawful efforts to control her. It is clear that she was in control of the situation; she could have put her hands behind her back at any time. However, she chose not to do so. That is, in any jurisdiction, resisting arrest.

As she resisted, she created a dangerous situation for the officer. As she forces the officer to move around to grab her arms, his sidearm is exposed the crowd that gathered. This is the exact situation that has led to officers being disarmed and shot.

The second woman (pink top) came up to the officer and put her hands on him for one reason: obstructing a lawful arrest. At that time, the officer had every right to escalate his use of force as he was now fighting with two people. He struck her one time and stopped her assault. The officer is allowed to use one level of force higher than is used against him. You will notice that the first woman then tried to grab the officer from behind as he then tried to effect the arrest of the second woman.

If you want to see an unlawful use of force, I give you Congressman Etheridge. He put his hands on that student without provocation, refused to release his arm and escalated his assault when he grabbed the student’s neck. The student showed remarkable restraint. The Congressman should be charged with assault and battery.

Wiehl and Guilfoyle are savvy and analytical, but they are unfortunately ignorant about the lawful use of force necessary to effect an arrest. You should have asked a law enforcement trainer to analyze the tape. You and your guests were not prepared to give the type of insightful analysis we have come to expect from you and Fox News.

Stay safe.

Lunch with the Cobb County Law Enforcement Association

I enjoyed a great lunch today with the Cobb County Law Enforcement Association! The group honored my friend Detective Steve Gaynor for his exceptional work clearing multiple burglaries in South Cobb County.

The guest speaker was Van Pearlberg of the Cobb County District Attorney’s Office. He spoke about the hanging of Leo Frank and the murder of Mary Phagan. Van did a great job and was, as always, an engaging speaker.

It is always a pleasure to spend some time with a room full of law enforcement officers! Thanks for the invite.

Active Shooter … Time To Go In!

I recently attended an active shooter instructor school at the Gainesville Georgia PD. They were great hosts! The course was taught by Team One Network. (www.teamonenetwork.com). The course was very well done.

This has become a new area of liability for law enforcement officers. It is clear that first responding officers must be trained to intervene upon arrival at an active shooter situation. Setting up a perimeter and waiting for a tactical unit is no longer an option.

Thanks to the students from Georgia, Alabama, New Mexico and Puerto Rico for their camaraderie.

Stay safe.

To post or not to post …

I have heard from quite a few law enforcement officers who are concerned that their Facebook posts will somehow be used to impeach them on the witness stand.

First, impeachment and the use of evidence at trial require a critical analysis: is it relevant? It is simply not relevant that you have a Facebook page or that you had a few drinks at a Superbowl party-as long as you were not DUI when you left! I believe that many of the stories of officers being impeached with Facebook posts are likely urban legends. However, keep reading…

Second, Facebook has a system to conceal personal information and posts from people who are not your friends. Learn to use it.

Third, do not post your date of birth or home address on Facebook. You risk identity theft more than impeachment, but it is not a good idea in any case.

Fourth, remove any posts or pictures that you believe may be inappropriate, especially if you identify yourself as a law enforcement officer.

Social networking activities are protected by the First Amendment to the United States Constitution. For those of you who put your lives on the line everyday to protect the rights of strangers, do not abandon social networking because you are concerned about the efforts of a defense attorney. You are entitled to associate freely with your friends and family in a public forum.

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