3-18-08

Common Myths in Pursuit Decision Making
Busting a Pimp

Robbery in Progress: How Will You Respond?
Catching VIN Clones – It’s All in the Details

Welcome to another edition of the Law Enforcement Newsletter. We hope you are enjoying the wide array of training topics covered. We will continue to provide you with helpful tools and tips to help protect you while you carry on your daily duties.For a full list of our classes and information on how to order, please visit our website at www.thebackup.com

Stay Safe
Rick Gallia

Common Myths in Pursuit Decision Making

Is your decision to pursue justifiable? Are you acting under fact or myth? In the heat of the moment you may believe that your actions are justifiable and that you have every reason to pursue a vehicle. Afterwards, you may find that hard to prove in court. Pursuits happen quickly and your ability to make a split-second decision cannot be based on fabricated information alone. Be aware of these common myths so that you can protect yourself against legal liability.

Myth 1: If a suspect flees, he must be involved in a more serious crime It is true that some people will run from law enforcement because they are engaged in more serious crimes. However, that is not the majority. The driver of the vehicle may be under the influence of alcohol or some other drug and is fearful of going to jail. It may be that the driver has a suspended drivers license or registration. Plain stupidity could also be a factor. Are these reasons justifiable for engaging in pursuit?

If your pursuit is initiated for an infraction, and it results in property damage, injury, or death, the lawyers who file suit against you and your employer in court will use the lack of probability and reliability against you. You should only pursue or continue to pursue based on what you know or reasonably believe at the time. The objective reasonableness of any force involved in your pursuit will be narrowly determined.

Myth 2: By staying on the suspect’s bumper, he will realize he can’t get away and will be more likely to give up What happens when you act on this myth? For starters, your reaction time will be diminished and a collision can occur. In this case, if you push your violator it can be determined that you created the condition of a collision. You are now exposed to general and punitive damages. If you are found liable, your employer may be held responsible for general damages. However, you would not be indemnified for punitive damages, which is often the case in these matters. Is that pursuit worth half of your pay for life?

If you find yourself in pursuit of a vehicle, what is a safe distance? Retired sports car racing champion and emergency vehicle operations trainer Bob Bondurant recommends the four-second rule of pursuit driving. By acting on this rule, this distance will offer you a better field of view, prevent tunnel vision and allow you to take evasive action if necessary.

Myth 3: During a pursuit, if you block the suspect’s path, and the suspect makes contact with your vehicle, then further pursuit can be justified due to assault with a deadly weapon offense committed by the suspect. It is important that you remember the legal concepts associated with creating conditions that contribute to risk. If you decide to block the path of, or take other action that places you in a dangerous situation, civil courts may later find that you created the conditions leading to the peril. If you apply force, such as gunfire, then it could be deemed unnecessary and unconstitutional.

Watch your step! Do not place yourself in a dangerous position in order to justify force.

Myth 4: If you attempt to stop the driver for a minor violation and he or she flees, you can engage in a riskier pursuit based on the more serious crime of evading. Think again. The justification for initiating a pursuit should be based on the initial reason for stopping the violator. If your violator decides to run, that is not a reason to engage yourself in more dangerous conditions by pursuing. What initiated your stop in the first place? Is that violation worth pursuing?

Pursuits are a very dangerous part of your job. The results of your actions greatly influence the safety of innocent bystanders as well as the object of your pursuit. They also may subject you to liability, criminal prosecution, or both. Regardless of the circumstances that cause the pursuit, keep in mind the legal ramifications that you could be subject to and reduce your risk. Remember: There is no evidence that any officer has been subjected to liability for failing to pursue a violator. If you don’t have a justifiable reason to pursue, then don’t.

The information in this article was taken from The Backup’s law enforcement course Pursuit Decision Making. Click HERE for more information or to order. Written by Rachel Rogers

Robbery in Progress: How Will You Respond?

You receive a call of a robbery in progress at a nearby home. You are close by and expect that you will arrive in 5 minutes. What do you do when you approach the scene? Is this another one of those routine checks? A 2006 FBI report showed that 6 officers were feloniously killed while responding to robberies in progress/pursuing robbery suspects. Don’t turn into another statistic. Letting your guard down and expecting that you are reacting to a routine call will do nothing but put you at risk. Maybe you’ll survive this encounter, but will not be prepared for the next. Don’t let the fact that you respond to calls on a daily basis that appear routine affect your attitude and cause you to respond on autopilot.

Nothing you do is routine…right? Look back at how you respond to activities that you are called to on a daily or weekly basis. After responding to these calls several times without incident, are you apt to respond in a less responsive way the next 10 times this SAME situation occurs? Ask yourself this question - Are you taking all preventable measures when you respond to each call you receive? In 2006, 66 law enforcement officers died accidentally in the line of duty. Of these 66 officers, how many can we estimate were not taking preventable measures to reduce their risks? Surprisingly, their average length of service in law enforcement was 10 years. That statistic demonstrates that the longer you respond to the same mundane situations, the exposure to the same run-of-the-mill activities can result in more risky behaviors. You are surrounded by dangers every day and when responding in a routine manner, you are increasing that threat. With this in mind, what can you do to reduce your risks when responding to another robbery in progress?

First, don’t rush to the scene. If you approach too quickly you may miss vital information.
While en route, pay attention to anyone leaving the scene. In 5 minutes, a robber can travel a long distance. Don’t limit your search to the home and surrounding houses. Pay attention to vehicles driving away – remember, do not limit this to the surrounding neighborhood. Pay attention to cars at the store on the corner. Also, check vehicles near the scene. Are the engines running? Are license plates missing or obscured? Is the vehicle parked in a position allowing for easy getaway? Scan the location from a covered position. Time is on your side, make the most of it.

Secondly, don’t immediately approach the witnesses located outside.
Approach quietly and do not give your presence away. Be aware of lookouts. Perhaps the robber is still in the home and is waiting for his cue from a lookout to vacate. With your presence, the lookout may get scared and react in violence in order to get his friend out of the home. Never assume that the robber is gone regardless if the homeowner has already entered the home or not. Most likely, the owner is focused on looking for items that were stolen, and not the robber.

Finally, DO NOT enter the home assuming the criminal is gone
Beware of the fatal tunnel. If the criminal is in the home and is intent on violent resistance, he will know the doorway in which you will enter. Remember: You do not know who you are looking for, and also happen to be a target in uniform. The time you have taken to gather information and console the homeowner, has been beneficial for the criminal inside. While you are conducting your work, he has been planning what he will do, where he will do it, and how he will do it. Obviously, if the robber is still in the home, he plans on leaving soon. Be prepared. He will react in hopes that he will catch you off guard. Even if the homeowner has already entered the home and the back door is still wide open, do not assume that he is gone. Call for backup before you enter the home alone. If the robbery has already happened, you are still doing your duty of protecting and serving. Trust your instincts in situations like this. Don’t put yourself at risk.

Today’s perpetrators are more violent than before. It is important to never let your guard down. After thousands of false alarms, it may seem routine to respond to these types of calls. Don’t let this be your fatal mistake. Take the necessary precautions to protect yourself in every situation. If you’re acting in a law enforcement capacity - nothing is ever routine.

The information in this article was taken from The Backup’s law enforcement course Responding to Robbery, Homicide & Other In-Progress Crimes. Click HERE for more information or to order. Written by Rachel Rogers

Busting a Pimp

Of the nearly 80,000 prostitution-related arrests made nationwide in 2006, how many were pimps? Almost none. Yet pimps are an integral part of the modern triangle between johns and prostitutes. Most prostitutes start into the profession at a young age (the average is 12), are physically and sexually abused, and are often controlled by drugs. They have 40 times the mortality rate of the national average. Pimps set a nightly quota that must be earned to avoid beatings or rapes, and then keep the money in exchange for shelter, food, and limited protection. In 2002, Oakland police showed that a ring of pimps were making an average of $211,000 a year!

So how do you take down a pimp? Although you might be working with limited financial resources, or flimsy jurisdictional laws, the biggest problem you will have is witness testimony. It is critical to get a prostitute to testify against her pimp - most judges will throw a pimping charge out unless you can get the testimony. A prostitute’s testimony will usually net a conviction, but you’ll need the evidence that the pimp is taking money from his prostitutes. Here are some tips for turning a prostitute in your favor:

Change your perceptions.
At least 88% of the women want to escape prostitution. These women are uneducated, most were sexually abused as young children, and have never had any other paying job. Many are substance abusers and have tried to commit suicide as an escape. Prostitution is not a ‘victimless’ crime. A better understanding of the experience of the average prostitute will go a long way in getting her testimony, and also saving her life.

Break the emotional bonds.
One of the reasons it is difficult to prosecute pimps is the mental and emotional power they hold over their prostitutes. There have been countless incidents where young teens refuse to speak out against their pimp, even when they are beaten and bruised. Most pimps have an average of 6-8 girls, and refer to their group as a ‘family’, with himself cast as the ‘Daddy.’ This mentality makes it all the more difficult for these girls to see the reality of their dangerous situation. Work with victim advocates and other community services in your area to help these women see a way out of their situation, and also persuade them to help testify against their pimp.

Team Up for Community Action
The city of Santa Rosa, CA teamed up with members of the community and law enforcement to hand out flyers to local prostitutes asking for them to come forward if they had been victims of a violent crime, or had any information regarding crimes. The response was very favorable, and women who were previously afraid to come forward were less hesitant. This method can result in getting some reliable street informants.

Aggressively pursue underage sex crimes charges.
Underage prostitutes have reached epidemic numbers, as pimps recruit teen runaways and homeless youths. Although selling a child for sex is a felony that carries a maximum jail term of 15 years, that sentence is never imposed. Sex crimes against children are felonies and MUST be prosecuted.

Be well-versed in all the statutes in your jurisdiction.
Know all the elements you’ll need in your jurisdiction to make a solid case against a pimp. Many agencies arrest the john and the prostitute, hoping the arrests move the problem elsewhere. If the pimp were arrested, the situation would change and the problem wouldn’t just move on to the next town. Another tactic is to persuade legislatures to make pimping a felony, instead of the misdemeanor it tends to be.

Although targeting pimps is more difficult than simply arresting the johns and prostitutes, the benefits are far-reaching. Removing predatory pimps from the equation sends a clear message that prostitution will not be tolerated in your community; and it will also reduce the violent crimes and drug problems that come right along with the business of selling sexual favors.

The information in this article was taken from The Backup’s law enforcement course Vice for Patrol. Click HERE for more information or to order. Written by staff member

Elder Abuse: Are You Missing The Signs?

You’ve developed a keen sense of when you’re in the midst of a domestic violence or child abuse situation. But how sharp are your skills when it comes to elder abuse? With over 35 million seniors in our country, elder abuse is a growing crime – the financial, emotional, sexual, and physical abuse of seniors is recognized as a huge problem. Can you spot the signs?

Signs of Emotional Abuse
Issuing verbal assaults and threats, instilling fear, intimidating or isolating an elderly person are all examples of emotional abuse. Be on the lookout for a senior who is:

Confused, disoriented, or depressed.
Fearful and anxious.
Avoiding the discussion of certain topics.
Reluctant to speak to anyone other than his or her caregiver.
Telling implausible stories in answer to simple questions.
Angry or agitated.
Embarrassed or fearful when asked about an injury.

Signs of Neglect
When responding to a call, pay attention to indications of another aspect of elder abuse, caregiver neglect. This can include failure by a caregiver to assist with personal hygiene, provide medical care, or protect their elderly charge from health and safety hazards. Watch for the following:

The living environment is unsanitary or dangerous.
The smell of urine and fecal matter in an elderly person's home is strong.
The elder has severe rashes, sores, or an untreated medical condition.
The senior is inadequately clothed or malnourished.

Signs of an Abusive Caregiver
Abusers can be crafty individuals - they may appear normal, perhaps even too good to be true; but what is actually happening to the elderly persons when no one else is around is unthinkable. Be suspicious of a caregiver who:

Does not give the elder an opportunity to speak or see others without the caregiver present, and is reluctant to leave you alone with the elder.
Exhibits attitudes of indifference or anger toward the dependent person.
Blames the elderly person for acting in ways that cannot be helped due to age, infirmity, or senility (such as incontinence)
Has a history of abuse toward others, or has drug and/or alcohol problems.
Displays inappropriate affection toward the elderly person.
Gives a conflicting account of incident.
Acts as though the elderly person purposely self-inflicted injury due to lack of attention.

Since 1 in 5 cases of elder abuse are unreported, be on the lookout for the other 80%. The signs might be right in front of you – but if you’re not aware, you can’t serve and protect this critical part of our community.

The information in this article was taken from The Backup’s law enforcement course Responding to Elder Abuse & Mentally Disturbed Persons. Click HERE for more information or to order. Written by staff member