In The News

In The News

3 Tactics for Combating Firefighter PTSD

By Sean W. Stumbaugh, Battalion Chief (Retired) In my last article, I shared some insights I gained about firefighter post-traumatic stress (PTS) from Jeff Dill of the Firefighter Behavioral Health Alliance (FBHA). But understanding firefighter PTSD is obviously just the beginning. It begs the question, what can we do to address this alarming problem among our ranks? By no means…

Marijuana Legalization Creates Challenges for Officers Enforcing Impaired Driving Laws

By Jim Concannon The battle to choose what substances are acceptable for recreational use was, is and will be a topic that polarizes society. Where has all the battling got us? Some argue that skyrocketing prison populations are the result of stringent initiatives. Others point out that a reduction in violent crimes is consistent with harsh penalties. Regardless of which…

Lexipol Announces New Fire Procedures Content

FOR IMMEDIATE RELEASE DALLAS, TX – February 15, 2018 – Lexipol, the leading provider of state-specific policies and training for public safety agencies, recently announced the introduction of its Fire Procedures content. This new offering is a complement to the Fire Policies and Training solution currently available for fire departments in 23 states. Using reports from national organizations on the…

How Self-Care Can Reduce Police Officer Stress

By Dan Fish How do law enforcement officers end up chronically stressed, burned out and suffering from compassion fatigue? Why do so many officers fail to take care of themselves mentally and physically? And how can we help them achieve better health and balance? Questions like these are dominating public safety lately. Look at any law enforcement publication, website or…

Lack of Compliance Creates Instant Liability

By Gordon Graham Gordon Graham here. Thanks for taking the time to read this piece. This is the fourth piece in an ongoing series to expand your knowledge and understanding on the breadth and depth of the discipline of real risk management. In my introductory piece to this series, I commented on the bias that so many people have regarding…

Fire Service Leadership: Are You Winning the Super Bowl Within?

By Sam DiGiovanna As we near the culmination of the NFL season, you might be planning a Super Bowl party or obsessing over your entry in the station’s Super Bowl Squares competition. But there’s another kind of Super Bowl you need to be aware of. It’s the battle between emotions and rational thought that takes place inside all of us.…

Protective Sweep Went Too Far

By Ken Wallentine United States v. Bagley, 877 F.3d 1151 (10th Cir. 2017) Marshals had an arrest warrant for Stephen Bagley for violating the terms of his supervised release. These same marshals also obtained a search warrant for a house, authorizing them only to enter, search for and arrest Bagley. Though Bagley didn’t initially answer the door, he eventually surrendered,…

Prisoner Mail Policy Proper

By Ken Wallentine Simpson v. County of Cape Girardeau, 879 F.3d 273 (8th Cir. 2018) Trey Simpson was a prisoner at the county jail and each week, his mother wrote him several lengthy letters, including pictures and drawings. While Simpson was incarcerated, the county changed the prisoner mail policy, limiting incoming mail to standard white postcards, no larger than 5″…

Does a Fingerprint Unlocking a Cell Phone Mean Self-Incrimination?

By Ken Wallentine State v. Diamond, 2018 WL 443356 (Minn. 2018) When M.H. returned home after running errands, she saw that the attached garage’s entry door had been kicked in. A burglar had stolen a safe, a laptop, and several items of jewelry. Additionally, M.H. found an envelope in her driveway that had the name of S.W. written on it,…

Officer’s Use of Agency’s Inventory Policy Protects Against Protest

By Ken Wallentine United States v. Sanchez, 2018 WL 446172 (10th Cir 2018) A trooper spotted David Sanchez speeding. When the trooper pulled Sanchez over, Sanchez handed the trooper a passport and an expired Enterprise rental contract in the name of Alexis Fernandez. Fernandez was not in the car and in bold type, the rental contract stated, “NO OTHER DRIVERS…

Lexipol Introduces New Policy and Training Solution for Georgia Fire Departments

FOR IMMEDIATE RELEASE DALLAS, TX – January 24, 2018 – Lexipol, the leading provider of state-specific policies and training for public safety agencies, recently announced the introduction of its Fire Policies and Training solution for Georgia fire departments. The new service includes policy content, management and related training delivered via an online platform and mobile app. Lexipol helps public safety…

Shedding Light on Firefighter PTSD

By Sean W. Stumbaugh, Battalion Chief (Retired) When I was a supervisor in the fire department, my crews had a nickname for me: The Red Man. I embraced the moniker to some degree and I would joke with them, “Don’t make me take out the Red Man.” This was a term of endearment (at least that’s what I liked to…

Lexipol Introduces New Policies and Training Solutions for Indiana Fire Departments

FOR IMMEDIATE RELEASE DALLAS, TX – January 17, 2018 – Lexipol, the leading provider of state-specific policies and training for public safety agencies, recently announced the introduction of its Fire Policies and Training solution for Indiana fire departments. The new service includes policy content, management and related training delivered via an online platform and mobile app. Lexipol helps public safety…

Apparatus Operations, Social Media Top List of Lexipol’s 2017 Firefighter Training Topics

Emergency Driving and Member Speech, Expression and Social Networking were the most-represented topics in Lexipol’s Daily Training Bulletin (DTB) program for fire departments in 2017. Departments using the DTB program had access to 120 unique firefighter training bulletins last year, providing nearly 4 hours of training. An end-of-year summary from Lexipol provides details into the topics covered in the training…

Lexipol’s Corrections Officer Training Program Focuses on Inmate Management, Administration in 2017

Use of Force, Management of Weapons and Control Devices, and Searches topped the list of topics covered in Lexipol’s Daily Training Bulletin (DTB) program for corrections facilities in 2017. All three topics are part of the Inmate Management category, which accounted for 24% of the DTBs issued in 2017. Agencies using Lexipol’s (DTB) program had access to 240 unique corrections…

Are There Walruses in Your Risk Management Plan?

By Gordon Graham Gordon Graham here. As I promised in my last piece, I want to spend some time covering each of the 10 Families of Risk and get you thinking about what specific risks apply to you and your organization in each of these families, and what control measures you have (or should have) in place to address each…

A Heated Discussion: Sexual Harassment in the Fire Service

By Sam DiGiovanna Turn on any news channel these days and you’ll see sexual harassment dominating the headlines. There’s a lot of attention on inappropriate behavior in the workplace—mostly men harassing women, although anyone can be the target or the perpetrator of such behavior. The news stories mostly deal with famous people, but you don't have to be a Hollywood…

TASERs, Emergency Response Top Lexipol’s 2017 Law Enforcement Training Topics

The use of conducted energy devices/TASERs topped the list of training topics covered in Lexipol’s Daily Training Bulletin (DTB) program in 2017. Officer response to emergency calls and the use of department computers, email and MDTs were also highly represented. Agencies using Lexipol’s Daily Training Bulletin (DTB) program had access to 360 unique law enforcement training bulletins last year, providing…

When the Bells Ring! New Year’s Eve Firefighter Safety Tips from Chief Sam

By Sam DiGiovanna New Year’s Eve is always a special night—we gather with family and friends, and sometimes hit the town—to ring in the new year. But it’s not all fun and games. Safety is a must when participating in the festivities. Following are a few safety tips you can relate to that will help you stay safe and sound…

Supreme Court Hears Arguments in Carpenter v. United States

By Ken Wallentine Carpenter v. United States, U.S., No. 16-402, argued November 29, 2017 Justice Neil M. Gorsuch took center stage with his robust questions from the bench during arguments in the Carpenter v. United States case, the one likely to determine whether the government must obtain a warrant for historical cellphone location records from mobile phone service providers. Present…

Rear Seat Search by Law Enforcement Allowed to Gain Trunk Access

By Ken Wallentine United States v. Mirabal, 2017 WL 5761191 (10th Cir. 2017) A deputy had reliable information (a tip from other government agents) that Gabriel Mirabal, a convicted felon, had an assault rifle in the trunk of his car. The deputy saw Mirabal speeding and stopped him. When the deputy opened the trunk to search for the assault rifle,…

Top Public Safety Articles from Lexipol in 2017

From new threats such as synthetic opioids to tried-and-true challenges involving social media and use of force policies, 2017 was a busy year for public safety. And Lexipol’s subject matter experts were busy too, publishing more than 110 articles to keep you on top of the issues. We’re betting you didn’t read them all, so here’s a quick recap of…

Law Enforcement Officer's Search Warrant Illegal, Though Authorized

By Ken Wallentine Sims v. Labowitz, 2017 WL 6031847 (4th Cir. 2017) Trey Sims, 17 years old, used his mobile phone to record himself fondling his erect penis. He sent the video recordings and photos to his 15-year-old girlfriend. Sims indubitably hoped the girlfriend would safeguard the images; however, the girlfriend’s mother had a peek—enter the police. A detective seized…

Law Enforcement Officer Bus Interdiction Wasn't a "Roadblock"

By Ken Wallentine United States v. Wise, 2017 WL 6030636 (5th Cir. 2017) Morris Wise was a passenger on a Greyhound bus bound for Chicago from Houston. At a regular stop, interdiction officers boarded the bus and the bus driver consented to a search of the passenger compartment. One of the interdiction officers walked to the back of the bus,…

The Most Challenging Shift You'll Work: Preparing for Public Safety Retirement

By Shirl Tyner Some people think about it from time to time. Some people dream about it. Some people can’t even imagine it. Some people already did it. What, you ask? Retirement. Are you ready? After a career in public safety, you probably have an idea of the legacy you’ve built and the effect your departure will have on the…

We've Been Here Before: The Impact of Marijuana Legalization on DUI

By Jim Concannon The United States has a history of making intoxicating substances, like alcohol and marijuana, illegal under the guise of weakening moral values. So-called moral offenses—drinking alcohol, gambling, cheating on your spouse—offend some people to the point where they feel legislation banning or restricting such activities is needed. This, of course, is how Prohibition came into effect in…

Firefighter Safety in Winter Weather: Review 2017

As we come into the winter months (some of you have already had snow or icy conditions), it’s a good time for fire personnel to review some Lexipol policies relevant to winter weather and firefighter safety. Winter conditions create special issues impacting operations, personnel performance and department safety. Each of these areas should be reviewed prior to an emergency. Additionally,…

Problems Lying in Wait: Why You Need to Take Risk Management Seriously

By Gordon Graham Gordon Graham here, and again, thanks for taking the time to read this brief piece. In my last article I introduced you to the breadth and depth of “real risk management” and why this discipline is much more than the “safety stuff.” In this article, I want to further explain why too many government organizations—including the high-risk…

In Brief: Fire Law Review Fall 2017

By Curt Varone This is the first quarterly fire law review covering some of the top legal headlines in the fire service between July 1, 2017 to October 1, 2017. Cybercasualties: Whether you refer to the problem as Social Media-Assisted Career Suicide Syndrome, or you refer to those involved as cybercasualties, there’s no shortage of content for the You Can’t…

Fire Service Communications: Is It Time to Change Your Tactical Frequency?

By Sam DiGiovanna The tones go off, and just like that we’re on our way to a reported structure fire in a commercial district with lots of dangerous, occupied facilities. Leaving the station, we see a large dark column of smoke rising rapidly into the sky. Verdugo Fire has a first-alarm response and Los Angeles County Fire sends a commercial…

Physician, Heal Thyself (a Doctor and the Gaze Nystagmus Test)

By Ken Wallentine Windham v. Harris County, 2017 WL 5245104 (5th Cir. 2017) William Windham, a medical doctor, ignored his own doctor’s medical advice to not drive and then drove his car into the rear of another car. The passenger of the car Windham struck called 9-1-1 and reported that he had been rear-ended by an impaired driver. After the…

Clearly Established Law? 10th Circuit Does About-Face; Grants Qualified Immunity

By Ken Wallentine Editor’s note: This case might seem familiar to you. It should. It was covered in Xiphos in January here. Pauly v. White, 874 F.3d 1197 (10th Cir. 2017) On a dark and stormy night, officers responded to a call of a probable drunk driver “swerving all crazy.” The complainants followed the suspect driver, Daniel Pauly, and flashed…

Lexipol Releases Largest Policy Platform Upgrade in Three Years

FOR IMMEDIATE RELEASE:  Over 50 New Features and Improvements Increase Speed, User-Friendliness and Productivity DALLAS, TX – November 28, 2017 – Lexipol, America’s leading source of policy and training solutions for public safety organizations, today announced the latest version of its web-based development system – the largest update in three years. With more than 50 new features and system improvements,…

Strip Search Leads to Cocaine Lawfully Retrieved from…

By Ken Wallentine Cole v. Commonwealth, 2017 WL 5493894 (Va. 2017) An officer arrested Abdul Rahman Cole for a warrant. During the inventory of Cole’s car, the officer found an open alcohol container and some marijuana. When the officer told the jail’s booking deputy about the drug charge, the deputy told Cole that he had to submit to a strip…

Lexipol Introduces Policy and Training Solution for New Jersey Fire Departments

FOR IMMEDIATE RELEASE DALLAS, TX – Nov. 20, 2017 (GLOBE NEWSWIRE) – Lexipol, the leading provider of state-specific policies and training for public safety agencies, recently announced the introduction of its Fire Policies and Training solution for New Jersey fire departments. The new service includes policy content, management and related training delivered via an online platform and mobile app. Lexipol…

Emergency Communication in the Age of Social Media

By Gary Sparger In recent years, first responders have observed an increasing use of social media platforms like Facebook and Twitter during emergencies. Whether the emergency is man-made (e.g., active shooter) or natural (e.g., hurricane or wildfire), the public uses social media to communicate with emergency responders during times of great distress. When under duress, humans tend to fall back…

Are You Biased When It Comes to Risk Management?

By Gordon Graham Editor’s Note: This article series is designed to introduce you to the concept of real risk management—an approach that goes way beyond a safety program to encompass the 10 Families of Risk and to demonstrate how better understanding these risk families can help you anticipate and mitigate the risks in your own organization. Whether this is your…

The Hidden Value of Fire Department Policies

By Sam DiGiovanna The value we place on something determines how we treat it. For instance, you probably wouldn’t give much thought to caring for an old, banged-up, no longer compliant helmet. But if that helmet was given to you by the widow of your friend who died in the line of duty, you would likely cherish it forever. Too…

Your Call: Search, Warrantless Search or No Search?

By Ken Wallentine Collins v. Commonwealth, 790 S.E.2d 611 (Va. 2016), cert. granted sub nom Collins v. Virginia, No. 16-1027 (U.S. Sept. 28, 2017) A motorcyclist on an orange and black Suzuki, modified for drag racing, eluded police on two occasions within a few weeks. During the second event, an officer abandoned the pursuit after the cyclist hit 140 miles…

If the Key Fits, Turn It? Curtilage, Home Locks and Evidence

By Ken Wallentine United States v. Bain, 2017 WL 4563821 (1st Cir. 2017) Yrvens Bain was on probation following a series of drug trafficking convictions and some prison time. Investigators made multiple controlled buys of heroin from Bain, but Bain was ultimately arrested for an unrelated fight. Upon release from jail, Bain told his probation officer that he would be…

Exigent Circumstances, the Fourth Amendment and a Doorway Arrest

By Ken Wallentine People v. Garvin, 2017 WL 4779544 (N.Y. 2017) Sean Garvin committed several bank robberies by the time police found his fingerprint on a demand note used at one of the banks. The same day investigators matched the fingerprint to Garvin, officers went to Garvin’s home. They knocked, Garvin answered the door, and an officer told Garvin that…

Qualified Immunity for Lacking Piece of Orange Plastic?

By Ken Wallentine Estate of Lopez v. Gelhaus, 871 F.3d 998 (9th Cir. 2017) In the middle of the day, two deputies were patrolling an area known for gang activity and violent crime. They saw Andy Lopez carrying what appeared to be an AK-47 rifle, holding it by the grip, with the muzzle pointed to the ground. Lopez appeared to…

Police Use of Force: Reality vs. Law

By Chief (Ret.) Michael Ranalli Editor’s note: This article originally appeared in The Chief’s Chronicle; New York State Association of Chiefs of Police. Reprinted with permission. In my two prior editions of the Chief’s Chronicle, I have explored the implications of policy modifications to the Fourth Amendment objective reasonableness standard and the possible impact of policy language and state tort…

Is It Worth It? Reflections on a Law Enforcement Career

By Jim Concannon Law enforcement is uniquely American—independent, fragmented but united in working toward a larger cause. Law enforcement officers are expected to enforce laws at the state and federal level, but also the city and county level. State and federal laws provide unity among agencies, while local ordinances and agency customs allow flexibility. Further, there is no one law…

Preventing Firefighter Cancer: 10 Takeaways from the Fire Service Cancer Symposium

By Jennifer Brust Last month, fire service leaders came together for what could arguably be called the most important conference of the year. And yet, it had no hands-on training, no huge exhibit area where companies advertised their wares, and there were no bands marching through the streets. But what was discussed over those two days has the potential to…

Imperfect Recall: How Memory Impacts Police Use of Force Investigations

By Jason Helfer Human beings, regardless of training and experience, are not robots. They have unique physical attributes, states of health and life experiences that shape the context in which they perceive their world. And police officers are human beings. A job title, training or experience does not mean an officer’s brain will process information any different than that of…

For Effective Incident Command at Fires, Avoid Early Cancellation of Resources

By Sam DiGiovanna It's time to put a stop to firefighter ED. Now that caught your attention! But the ED I’m referring to is not what you’re thinking. Phew! Instead, it’s an incident command phenomenon I’ve noticed that I’ll call Early Dismissal. I first became aware of ED as a young firefighter. It was a quiet Sunday afternoon. Football on,…

Social Media and the Public Sector: Understanding Free Speech Rights

By Rick Bates “Congress shall make no law … abridging freedom of speech.”  This quotation is from the First Amendment in the Bill of Rights. And while it seems straightforward, consider the words of Massachusetts Supreme Judicial Court Justice Oliver Wendell Holmes, thought by many to be one of the finest jurists of all time. In the 1892 case of…

Cell Phone Records Locate a Real Prince

By Ken Wallentine Jones v. United States, 2017 WL 4211499 (D.C. Ct. App. 2017) Prince Jones, not a real prince of a guy, called two escorts. When they showed up, he forced them to perform sex acts at knifepoint and then robbed them. A detective obtained the victims’ cell phone records and identified the number from which Jones’ call for…

Location Information from StingRay Used to Nab Police Officer’s Shooter

By Ken Wallentine United States v. Ellis, 2017 WL 3641867 (N.D. Cal. 2017) Purvis Lamar Ellis, allegedly a member of the violent Oakland street gang “Sem City,” was arrested with three other gang members following the shooting of a police officer. Investigators used a StingRay, a portable electronic device that simulates a nearby cell tower and tracks the location information…
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"It’s a huge priority of this administration to teach policy to our sergeants, and Lexipol’s Daily Training Bulletins help us do that. We are constantly drilling into them that policy will protect them as an individual officer. If they ensure that their people are following policy, even if they’re sued, they will be OK.”

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Sheriff Blaine Breshears
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Deputy Chief John McGinty
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Chief Steven Vaccaro
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Commander Leslie Burns
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Deputy Chief Robin Passwater
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Lt. Ed Alvarez
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Chief Greg Knott
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Chief Corry Blount
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Lt. Victor Pecoraro
Auburn (CA) Police Department

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Chief Joseph Morris
Arapahoe Community College (CO) Police Department

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Captain Jesus Ochoa
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Chief Steven Vaccaro
Mokena (IL) Police Department

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